39 (1) In this section, “child support calculation service” means the service established by the Government of Ontario for the purposes of this section. 2014, c. 7, Sched. 9, s. 6. Application for calculation (2) Subject to subsection (3), a parent of a child may apply in accordance with the regulations for a calculation by the child support calculation service of an amount to be paid for the support of the child. 2014, c. 7, Sched. 9, s. 6. Requirements (3) Subsection (2) does not apply unless the following requirements are met: 1. The applicant is a parent of the child as set out in section 4 of the Children’s Law Reform Act, or has decision-making responsibility, within the meaning of that Act, with respect to the child under an order or domestic contract. 2. If the applicant is a parent of the child as set out in section 4 of the Children’s Law Reform Act, i. the parents of the child live separate and apart, and ii. the child lives with one of the parents with the consent, implied consent or acquiescence of the other parent. 3. No order has been made by a court providing for the support of the child, and no domestic contract containing a provision for support of the child has been filed under subsection 35 (1). 4. Any other requirement specified by the regulations. 2014, c. 7, Sched. 9, s. 6; 2016, c. 23, s. 47 (2, 3); 2020, c. 25, Sched. 1, s. 28 (2). Information to be provided (4) The child support calculation service shall not calculate an amount under this section unless each parent of the child has provided the income information and any other information that is required by the regulations, in the manner or form specified by the regulations. 2014, c. 7, Sched. 9, s. 6. Application of child support guidelines (5) Amounts calculated by the child support calculation service shall be determined in accordance with the child support guidelines as if the amounts were being calculated for the purposes of an order under this Part for the support of a child, subject to such modifications in the application of the child support guidelines as the regulations may specify. 2014, c. 7, Sched. 9, s. 6. Periodic payments (6) Amounts calculated under this section are payable on a monthly basis, or on such other periodic basis as may be specified by the regulations. 2014, c. 7, Sched. 9, s. 6. Notice (7) The child support calculation service shall give notice to the parents of a calculation of support payable in respect of a child, showing, (a) the date on which the calculation was made; (b) the income information on which the calculation was based; (c) the amount payable for support and by which parent; (d) the child’s name and birthdate; (e) the date on which the first payment is due and when subsequent payments become due; and (f) any other information required by the regulations to be provided in the notice. 2014, c. 7, Sched. 9, s. 6. Certified copies (7.1) The Minister of Finance shall provide certified copies of notices of calculation as required by subsection 11.2 (2) of the Ministry of Revenue Act. 2023, c. 9, Sched. 16, s. 24 (1). When amount becomes due (8) The first payment under a notice of calculation is due, (a) on the 31st day after the day the notice is given, as determined by the regulations; or (b) on the first instance of a day consented to by the parents in the application for calculation that follows the day described in clause (a). 2014, c. 7, Sched. 9, s. 6. Corrections to notice (9) If the notice of calculation contains an error respecting the amount payable or to whom, any parent affected by the error may, subject to subsection (10), apply in accordance with the regulations to have the error corrected. 2014, c. 7, Sched. 9, s. 6. Limitation on corrections (10) An application for a correction under subsection (9) may be made no later than the time specified by the regulations. 2014, c. 7, Sched. 9, s. 6. No error respecting payment (11) If the correction of the error does not result in a change to the amount to be paid under the notice or to whom, or if there is in fact no error, the child support calculation service shall give notice to that effect to the parents. 2014, c. 7, Sched. 9, s. 6. Copies to Director (12) The child support calculation service shall, on receiving an application under subsection (9) or on giving notice under subsection (11), file a copy of the application or notice with the office of the Director of the Family Responsibility Office. 2014, c. 7, Sched. 9, s. 6. Effect of correction (13) If a notice of calculation is corrected and the correction results in a change to the amount to be paid or to whom, (a) the child support calculation service shall give a new notice under subsection (7) to the parents; (b) subsections (8), (9), (10), (11), (12) and this subsection apply with respect to the new notice; and (c) the original notice of calculation ceases to have effect. 2014, c. 7, Sched. 9, s. 6. Effect of notice of calculation (14) A notice of calculation shall be treated as if it were an order of a court for the purposes of, (a) enforcement; (b) subsections 34 (3), (3.1) and (4); and (c) recalculation under section 39.1. 2014, c. 7, Sched. 9, s. 6. Enforcement by Director (15) For the purposes of clause (14) (a), a notice of calculation shall be enforced by the Director of the Family Responsibility Office in accordance with and subject to the Family Responsibility and Support Arrears Enforcement Act, 1996. 2014, c. 7, Sched. 9, s. 6. Ongoing disclosure of information (16) Each party to a notice of calculation shall provide information, including income information, to the other party on an ongoing basis, in accordance with the regulations. 2015, c. 27, Sched. 1, s. 2 (1). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 9 - 01/12/1997; 1999, c. 6, s. 25 (17) - 20/11/1999 2005, c. 5, s. 27 (20) - 09/03/2005 2014, c. 7, Sched. 9, s. 6 - 04/04/2016 2015, c. 27, Sched. 1, s. 2 (1) - 04/04/2016 2016, c. 23, s. 47 (2, 3) - 01/01/2017 2020, c. 25, Sched. 1, s. 28 (2) - 01/03/2021; 2020, c. 25, Sched. 3, s. 3 - 01/10/2021 2023, c. 9, Sched. 16, s. 24 (1) - 08/06/2023 Administrative recalculation of child support