jswizzle3737/ontario_laws_and_regs huggingface dataset:
38 (1) The Director shall direct the Registrar of Motor Vehicles to reinstate a driver’s licence suspended as a result of a direction under section 37 if, (a) the payor pays all the arrears owing under the support order; (b) the payor is complying with the terms of the arrangement made with the Director in response to the first notice; (c) the payor is complying with the terms of an order to refrain that has not expired; (d) the support order has been changed and the payor is complying with the terms of the changed support order, including the terms of any order under clause 35 (14) (b) that relates to the support order; (d.1) the payor makes an arrangement satisfactory to the Director for complying with the support order and for paying the arrears owing under the support order; or (e) the support order is withdrawn under section 16.  1996, c. 31, s. 38 (1); 2005, c. 16, s. 21 (1). Notice revived if payor breaches arrangement or order (2) If the Director directs the Registrar of Motor Vehicles to reinstate a driver’s licence under clause (1) (b), (c) or (d) and the payor subsequently defaults within 24 months from the date of reinstatement or if the payor subsequently defaults within 24 months after the payor entered into an arrangement under clause 34 (a) or obtained an order under clause 35 (14) (b), the Director may proceed to act in accordance with the most recent notice that was served on the payor under this Part.  1996, c. 31, s. 38 (2); 2005, c. 16, s. 21 (2). More than one order in default (3) If the payor is in default on one or more other support orders, the Director shall not direct the Registrar of Motor Vehicles to reinstate the driver’s licence unless, (a) all arrears under all the support orders are paid; (b) an arrangement or arrangements have been made, on terms satisfactory to the Director, to pay all arrears under all the support orders, and the payor is in compliance with the arrangement or arrangements; or (c) all arrears under all the support orders are the subject of a court order or orders for payment and the payor is in compliance with the court order or orders.  2005, c. 16, s. 21 (3). Discretion to reinstate (4) The Director may direct the Registrar of Motor Vehicles to reinstate a driver’s licence suspended as a result of a direction under section 37 if, in the opinion of the Director, it would be unconscionable not to do so.  1996, c. 31, s. 38 (4); 2005, c. 16, s. 21 (4). Form of direction (5) A direction under this section shall be in a form approved by the Director and the Registrar of Motor Vehicles.  1996, c. 31, s. 38 (5). Section Amendments with date in force (d/m/y) 1996, c. 31, s. 64 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011 2005, c. 16, s. 21 (1-4) - 13/06/2005; 2005, c. 16, s. 40 (1-4) - no effect - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011
39 An agreement by the parties to a support order to avoid or prevent its enforcement under this Part is of no effect.  1996, c. 31, s. 39. Section Amendments with date in force (d/m/y) 1996, c. 31, s. 64 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011 39.1-39.4 Section Amendments with date in force (d/m/y) 2005, c. 16, s. 22 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2015 Part VI   Other Enforcement Mechanisms
42 (1) A support order may be registered in the proper land registry office against the payor’s land and on registration the obligation under the order becomes a charge on the property.  1996, c. 31, s. 42 (1). Sale of property (2) A charge created by subsection (1) may be enforced by sale of the property against which it is registered in the same manner as a sale to realize on a mortgage.  1996, c. 31, s. 42 (2). Discharge or postponement of charge (3) A court may order the discharge, in whole or in part, or the postponement, of a charge created by subsection (1), on such terms as to security or other matters as the court considers just.  1996, c. 31, s. 42 (3). Notice (4) An order under subsection (3) may be made only after notice to the Director, if the support order or a related support deduction order is filed with the Director’s office for enforcement.  2005, c. 16, s. 25. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 25 - 13/06/2005
46 (1) In this section, “Corporation” means the Ontario Lottery and Gaming Corporation; (“Société”) “lottery” means a lottery scheme, as defined in section 1 of the Ontario Lottery and Gaming Corporation Act, 1999, that is conducted by the Corporation in Ontario and involves the issuance and sale of tickets; (“loterie”) “prize” means a prize in a lottery. (“prix”)  1999, c. 12, Sched. B, s. 8; 2014, c. 7, Sched. 10, s. 12. Deduction of arrears from prize (2) If a payor who owes arrears under a support order that is filed in the Director’s office is entitled to a single monetary prize of $1,000 or more from the Corporation, the Corporation shall, (a) deduct from the prize the amount of the arrears or the amount of the prize, whichever is less; (b) pay the amount deducted to the Director; and (c) pay any balance to the payor.  1999, c. 12, Sched. B, s. 8. Non-monetary prize (3) If a payor who owes arrears under a support order that is filed in the Director’s office is entitled to a non-monetary prize from the Corporation that the Corporation values at $1,000 or more, the Corporation shall promptly disclose to the Director, (a) any identifying information about the payor from the Corporation’s records, including his or her name and address; and (b) a complete description of the prize.  1999, c. 12, Sched. B, s. 8. Exchange of information (4) For the purposes of subsections (2) and (3), (a) the Director shall disclose to the Corporation any identifying information about payors from the Director’s records, including their names and addresses and the status and particulars of their support obligations; and (b) the Corporation shall disclose to the Director any identifying information about prize winners from its records, including their names and addresses.  1999, c. 12, Sched. B, s. 8. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 8 - 22/12/1999 2014, c. 7, Sched. 10, s. 12 (1, 2) - 24/07/2014
47 The Director may disclose the information set out in section 47.2 to a consumer reporting agency registered under the Consumer Reporting Act.  2005, c. 16, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 27 - 31/12/2006
47.1 (1) The Director may disclose the information set out in section 47.2 to a prescribed entity that is, (a) a professional or occupational organization; (b) the governing body of a self-governing or regulated profession; or (c) an entity that is responsible for licensing or registering individuals for occupational purposes.  2005, c. 16, s. 27. Presumption (2) In the absence of evidence to the contrary, it shall be presumed that the amount disclosed with respect to arrears as described in clause 47.2 (d) is correct.  2005, c. 16, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 27 - 31/12/2006
47.2 The information that may be disclosed under section 47 or 47.1 is, (a) the name of a payor who is in default on a support order filed in the Director’s office; (b) the date of the support order; (c) the amount and frequency of the payor’s support obligation under the support order; (d) the amount of the arrears owing under the support order at the time of the disclosure; and (e) such other information as may be prescribed.  2005, c. 16, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 27
- 31/12/2006
48 A court, including the Ontario Court of Justice, may make an order restraining the disposition or wasting of assets that may hinder or defeat the enforcement of a support order or support deduction order.  1996, c. 31, s. 48; 2005, c. 16, s. 28. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 28 - 13/06/2005
49 (1) The Ontario Court of Justice or the Family Court may issue a warrant for a payor’s arrest for the purpose of bringing him or her before the court if the court is satisfied that the payor is about to leave Ontario and that there are reasonable grounds for believing that the payor intends to evade his or her obligations under the support order.  1996, c. 31, s. 49 (1); 2005, c. 16, s. 29 (1). Bail (2) Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies with necessary modifications to an arrest under the warrant.  1996, c. 31, s. 49 (2). Powers of court (3) When the payor is brought before the court, it may make any order provided for in subsection 41 (10).  1996, c. 31, s. 49 (3); 2005, c. 16, s. 29 (2). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 29 (1, 2) - 13/06/2005
50 (1) The clerk of the Ontario Court of Justice or Family Court shall issue a notice of garnishment to enforce the support or maintenance obligation upon the filing of a garnishment process that, (a) is issued outside Ontario and is directed to a garnishee in Ontario; (b) states that it is issued in respect of support or maintenance; and (c) is written in or accompanied by a sworn or certified translation into English or French. 2021, c. 25, Sched. 7, s. 5 (1). Foreign currencies (2) If the garnishment process refers to an obligation in a foreign currency, section 44 of the Interjurisdictional Support Orders Act, 2002 applies with necessary modifications.  1996, c. 31, s. 50 (2); 2002, c. 13, s. 57 (3). Exception, support deduction document issued by another Canadian jurisdiction (3) The Director may serve a document on a person in Ontario for the purpose of attaching the income or funds referred to in that document, if the following conditions are met: 1. The document is filed in the Director’s office by a competent authority that is responsible for enforcement in another Canadian province or territory. 2. The Director is of the opinion that the document is similar in nature to a notice of support deduction order under this Act and has been issued by a competent authority in another Canadian province or territory. 3. The document relates to the income or funds of a payor who is required to make payments pursuant to a support obligation that is being enforced by a competent authority in another Canadian province or territory. 4. The payor has or is purported to have income or funds located in Ontario. 5. Any other conditions as may be prescribed by the regulations. 2021, c. 25, Sched. 7, s. 5 (2). Service of document (4) The document served under subsection (3) shall be served in the same manner as a notice of support deduction order under this Act may be served. 2021, c. 25, Sched. 7, s. 5 (2). Document has same force and effect (5) For the purposes of this Act, once the document referred to in subsection (3) is served, it has the same force and effect and may be dealt with in the same manner as a notice of support deduction order under this Act. 2021, c. 25, Sched. 7, s. 5 (2). Section Amendments with date in force (d/m/y) 2002, c. 13, s. 57 (3) - 31/03/2003 2005, c. 16, s. 30 - 13/06/2005 2021, c. 25, Sched. 7, s. 5 (1, 2) - 03/06/2021 Part VII   Offences and Penalties Offences – payors, income sources, etc.
51 (1) A payor who knowingly contravenes or knowingly fails to comply with section 19 or subsection 25 (1) or (2) or 40 (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1996, c. 31, s. 51 (1). Income sources (2) An income source who knowingly contravenes or knowingly fails to comply with subsection 22 (2) or 25 (1) or (2) or section 29 is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1996, c. 31, s. 51 (2). Individuals, etc., believed to be an income source (3) An individual, corporation or other entity that knowingly contravenes or knowingly fails to comply with subsection 26 (1) or section 29 is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1996, c. 31, s. 51 (3).
52 (1) An assignee under section 4 who knowingly contravenes or knowingly fails to comply with this Act or its regulations or the limitations, conditions or requirements set out in the assignment is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1996, c. 31, s. 52 (1). Same – directors, officers, employees, agents (2) A director, officer, employee or agent of an assignee who commits an offence described in subsection (1) on conviction is liable to a fine of not more than $10,000.  1996, c. 31, s. 52 (2). Same – directors, officers (3) A director or officer of an assignee is guilty of an offence if he or she, (a) knowingly causes, authorizes, permits or participates in the commission of an offence described in subsection (1); or (b) fails to take reasonable care to prevent the commission of an offence described in subsection (1).  1996, c. 31, s. 52 (3). Penalty (4) A person who is convicted of an offence under subsection (3) is liable to a fine of not more than $10,000.  1996, c. 31, s. 52 (4).
53 (1) In addition to its powers in respect of contempt, a court, including the Ontario Court of Justice, may punish by fine or imprisonment, or by both, any wilful contempt of, or resistance to, its process, rules or orders under this Act, but the fine shall not exceed $10,000 nor shall the imprisonment exceed 90 days.  1996, c. 31, s. 53 (1); 2005, c. 16, s. 31. Conditions of imprisonment (2) An order for imprisonment under subsection (1) may be conditional upon default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently.  1996, c. 31, s. 53 (2). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 31 - 13/06/2005 Part VIII   Miscellaneous Director’s access to information
55 (1) The Minister responsible for the administration of this Act may, on behalf of the Government of Ontario, enter into an agreement with the Government of Canada concerning the searching for and the release of information under Part I of the Family Orders and Agreements Enforcement Assistance Act (Canada).  1996, c. 31, s. 55 (1); 2014, c. 7, Sched. 10, s. 13. Information obtained from federal government (2) The Director shall not disclose information obtained under the Family Orders and Agreements Enforcement Assistance Act (Canada) for the enforcement of a support order, except, (a) to the extent necessary for the enforcement of the order; or (b) as permitted by the Freedom of Information and Protection of Privacy Act.  1996, c. 31, s. 55 (2). Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 13 - 24/07/2014
56 (1) The Director shall pay any money he or she receives in respect of a support order or a support deduction order to the recipient despite the commencement of any court proceeding in respect of the support obligation or its enforcement, in the absence of a court order to the contrary.  1996, c. 31, s. 56 (1). Exception (2) If a court orders the Director to hold any of the money received in respect of a support order or a support deduction order pending the disposition of the proceeding, the Director shall, upon receipt of a copy of the order, hold any money he or she receives to the extent required by the court.  1996, c. 31, s. 56 (2).
57 (1) Money paid to the Director on account of a support order or support deduction order shall be credited as prescribed by the regulations.  1996, c. 31, s. 57 (1). Same (2) Despite anything in this Act, the payor shall not be credited with making a payment until the money for that payment is received by the Director and if a payment is made but not honoured, the amount of the payment shall be added to the support arrears owed by the payor.  1996, c. 31, s. 57 (2).
58 (1) The Director shall not charge any fee to any person for his or her services except as provided by regulation.  1996, c. 31, s. 58 (1). Enforcement of orders to collect fees, etc. (2) The Director may continue to enforce a support order or support deduction order to collect an amount described in subsection (3), even if, (a) the support order or support deduction order to which the amount relates has been withdrawn from the Director’s office; (b) there is no current support obligation, and there are no arrears, or any arrears are rescinded by a changed support order; or (c) the support obligation has terminated and there are no arrears, or any arrears are rescinded by a changed support order.  2005, c. 16, s. 33. Same (3) Subsection (2) applies with respect to, (a) fees; (b) costs awarded to the Director by a court; (c) any amount owed to the Director as reimbursement for money paid to a recipient; and (d) any amount similar to the ones described in clauses (a), (b) and (c) that is owed to a support enforcement program in a reciprocating jurisdiction, if the support order to which the amount relates is registered in Ontario under the Interjurisdictional Support Orders Act, 2002.  2005, c. 16, s. 33. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 58 (3) (d) of the Act is amended by adding “or contracting state” after “reciprocating jurisdiction” and by adding “or the
International Recovery of Child Support and Family Maintenance Convention Act, 2023” at the end. (See: 2023, c. 9, Sched. 16, s. 25 (7)) Section Amendments with date in force (d/m/y) 2005, c. 16, s. 33 - 13/06/2005 2023, c. 9, Sched. 16, s. 25 (7) - not in force
59 (1) No action or other proceeding for damages shall be instituted against the Director or any employee of the Director’s office for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any duty or authority under this Act.  1996, c. 31, s. 59 (1). Crown not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.  1996, c. 31, s. 59 (2); 2019, c. 7, Sched. 17, s. 72. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 72 - 01/07/2019
60 Anything that this Act requires to be signed or done by a person, or that is referred to in this Act as signed or done by a person, may be signed or done by a lawyer acting on the person’s behalf.  1996, c. 31, s. 60.
61 (1) The Director shall collect, disclose and use personal information about an identifiable individual for the purpose of enforcing a support order or a support deduction order under this Act.  1996, c. 31, s. 61 (1). Same (2) Any person, public body or other entity that is referred to in clause 54 (2) (a) shall disclose personal information about an identifiable individual to the Director for the purpose of section 54, within 10 days after being served with the Director’s demand.  2005, c. 16, s. 34 (1). Notice to individual not required (3) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply to the collection of personal information about an identifiable individual under this Act.  1996, c. 31, s. 61 (3). Act prevails over confidentiality provisions (4) This Act prevails over a confidentiality provision in another Act that would, if not for this Act, prohibit the disclosure of information to the Director.  1996, c. 31, s. 61 (4). Law enforcement (5) The Director shall be deemed to be engaged in law enforcement for the purposes of section 14 of the Freedom of Information and Protection of Privacy Act when collecting information, under section 54 or otherwise, for the purpose of enforcing a support order or support deduction order under this Act.  2005, c. 16, s. 34 (2). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 34 (1, 2) - 13/06/2005 Obtaining information about payor by means of Internet posting
61.1 (1) The Director may post a payor’s name and other prescribed information relating to the payor on a website on the Internet if,  (a) the payor is in default under a support order; (b) the support order or a related support deduction order is filed in the Director’s office; (c) the Director has been unsuccessful in locating the payor; and (d) the prescribed conditions are satisfied.  2005, c. 16, s. 35. Purpose of posting (2) The sole purpose of posting information under subsection (1) is to assist the Director in locating the payor.  2005, c. 16, s. 35. Confidentiality of information obtained as a result of posting (3) Subsection 54 (6) applies, with necessary modifications, to any information obtained by the Director as a result of the posting.  2005, c. 16, s. 35. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 35 - 31/12/2006
62 This Act binds the Crown.  1996, c. 31, s. 62.