Persons bound
3.3 (1) A support deduction order binds every income source who is served by the Director’s office with a notice of the order whether or not the income source is named in the order. Enforcement by Director (2) The Director shall enforce a support deduction order in the manner, if any, that appears practical to the Director and shall pay the amounts collected under the order to the person to whom they are owed. Idem (3) No person other than the Director shall enforce a support deduction order. When enforcement ends (4) The Director shall enforce a support deduction order, subject to any suspension order or variation, until the support order to which it relates is terminated and there are no arrears owing and despite the fact that the support order to which it relates has not been filed in or has been withdrawn from the Director’s office. Idem (5) The Director’s office may serve a notice of a support deduction order by sending the notice by prepaid ordinary mail addressed to each income source from whom it is seeking payment, and new notices may be served when the amount to be paid under a support order changes or arrears are owing. Idem (6) The notice shall be deemed to have been served on the individual, corporation or other entity to whom it was mailed on the fifth day following mailing, excluding Saturdays, Sundays and holidays, unless the contrary is shown. Notice to payor (7) The Director shall send a copy of the notice to the payor by prepaid ordinary mail at his or her last address as shown on the records of the Director’s office. First payment (8) An income source shall begin making payments to the Director’s office not later than the day the first payment is to be paid to the payor that falls at least fourteen days after the day on which the income source is served with the notice. Payor’s duty to pay (9) Until an income source begins deducting support payments in respect of a support deduction order or if payments by an income source are interrupted or terminated, the payor shall pay the amounts owing under the support order to the Director or, if the support order has been withdrawn, to the person entitled to receive support. Arrears (10) The Director may include in the amount required to be deducted and paid to the Director’s office any amount in arrears under a support order. Maximum deductions (11) Subject to subsection (13), the total amount deducted in respect of a support order shall not exceed 50 per cent of the net amount owed by the income source to the payor. Definition (12) For the purposes of this section, “net amount” means the total amount owed by the income source to the payor at the time payment is to be made to the Director’s office, less the total of the following deductions: 1. Income Tax. 2. Canada Pension Plan. 3. Unemployment Insurance. 4. Union dues. 5. Such other deductions as may be prescribed by the regulations. Higher maximum payment (13) Subject to subsection (15), a court when it makes a support deduction order or on the motion of the Director may order that one or more income sources pay an amount that is higher than the amount described in subsection (11) and such an income source shall pay to the Director’s office the amount set out in the order. Idem (14) An order shall not be made under subsection (13) unless the payor receives income from at least two sources (whether or not the sources are “income sources” as defined in section 1). Idem (15) An income source is not required to pay to the Director’s office more than the net amount that the income source owes to the payor at the time of the payment. Medical insurance, etc. (16) Despite any other provision of this Act, no deduction shall be made under a support deduction order in respect of amounts owing to a payor as reimbursement for expenses covered by a medical, health, dental or hospital insurance contract or plan. Person not income source (17) If an individual, corporation or other entity served with notice is not an income source of the payor named in the notice, the individual, corporation or other entity shall give written notice in the prescribed form of that fact to the Director’s office within ten days following the service of the notice. Dispute (18) The Director or the income source, individual, corporation or other entity, as the case may be, may, on notice to the other, bring a motion to the court that made a support deduction order or to the appropriate court under subsection 3.8(9) to determine, (a) whether the income source has failed to comply with the order; (b) whether the amount the income source is deducting and paying to the Director’s office under the order is correct; or (c) whether the individual, corporation or other entity is an income source. Idem (19) In a motion under subsection (18), the court shall determine the issue in a summary manner and make such order as it considers appropriate in the circumstances. Idem (20) A motion shall not be brought by an income source under clause (18)(a) or (b) unless the income source has given written particulars of the proposed motion to the Director at least fourteen days before serving the Director with notice of the motion. Idem (21) A motion shall not be brought under clause (18)(c) by an individual, corporation or other entity, until at least fourteen days after the date that notice was given under subsection (17). Idem (22) Subsection (21) does not apply to the Director. Liability (23) An income source is liable to pay to the Director’s office any amount that it failed without proper reason to deduct and pay to the office after receiving notice to deduct and pay and, in a motion under subsection (18), the court may order the income source to pay the amount that it ought to have deducted and paid to the Director’s office. Other enforcement (24) In addition to any other method available to enforce an order in a civil proceeding, any order made under subsection (19) or (23) may be enforced under this Act in the same manner and with the same remedies as a support order. Duty to inform (25) Within ten days following the termination or beginning of an interruption of payments by an income source to a payor, both the income source and the payor shall give written notice to the Director’s office of the termination or interruption together with such other information as may be required by the regulations. Idem (26) If notice has been or should have been given under subsection (25), (a) the payor and the income source, within ten days following the resumption of payments that have been interrupted, shall give written notice to the Director’s office of the resumption; (b) the payor, within ten days of beginning employment with another income source or of becoming entitled to payments from another income source, shall give written notice to the Director’s office of the new employment or the entitlement and of the name and address of the income source. Information confidential (27) Information about a payor obtained by an income source or an individual, corporation or other entity believed to be an income source as a result of the application of this section shall not be disclosed by the income source or any director, officer, employee or agent of the income source or anyone believed to be an income source or any director, officer, employee or agent thereof, except for the purposes of complying with a support deduction order or this Act. Priority (28) Despite any other Act, a support deduction order has the same priority over other judgment debts as a support order has under the Creditors’ Relief Act and all support orders and support deduction orders rank equally with each other. Idem (29) If an income source is required to make payments to the Director’s office under a support deduction order and the income source receives a garnishment notice related to the same support obligation, the income source shall make full payment under the support deduction order and the garnishment shall be of no effect until the income source has received notice from the Director that the support deduction order is suspended or terminated. Conflict with other Acts (30) A support deduction order may be enforced despite any provision in any other Act protecting from attachment or other process for the enforcement of a judgment debt any periodic payment owed by an income source to a payor. Limitation (31) A support deduction order is effective against the Crown only in respect of amounts payable on behalf of the administrative unit served with notice of the support deduction order to the payor named in the notice. Definition (32) In subsection (31), “administrative unit” means a Ministry of the Government of Ontario, a Crown agency within the meaning of the Crown Agency Act or the Office of the Assembly under the Legislative Assembly Act. Welfare benefits (33) A support deduction order shall not be used to make deductions from any amount payable to a payor as a benefit under the Family Benefits Act or as assistance under the General Welfare Assistance Act. 1991, c.5, s.4, part.