45 (1) Upon being served on a financial institution, a notice of garnishment issued by the Director to enforce a support order against a payor attaches 50 per cent of the money credited to a deposit account held in the financial institution in the name of the payor together with one or more other persons as joint or joint and several deposit account holders, and the financial institution shall pay up to 50 per cent of the money credited to the deposit account to the Director in accordance with the notice of garnishment.  1996, c. 31, s. 45 (1). Duties of financial institution (2) The financial institution shall, within 10 days of being served with the notice of garnishment, (a) pay the money to the Director and, at the same time, notify the Director if the account is held jointly or jointly and severally in the name of two or more persons; and (b) notify the co-holders of the account who are not named in the notice of garnishment of the garnishment.  1996, c. 31, s. 45 (2). Dispute by co-holder (3) Within 30 days after the financial institution notified the Director under clause (2) (a), a co-holder of the deposit account may file a dispute to the garnishment in the Ontario Court of Justice or the Family Court claiming ownership of all or part of the money that the financial institution paid to the Director.  1996, c. 31, s. 45 (3); 2005, c. 16, s. 26. Director to hold money for 30 days (4) If the financial institution notifies the Director under clause (2) (a), the Director shall not release the money received under subsection (1) until 30 days after the financial institution so notified the Director, and the Director may release the money after the 30 days unless a co-holder of the deposit account first serves on the Director a copy of the dispute to the garnishment that the co-holder filed under subsection (3).  1996, c. 31, s. 45 (4). Determination by court (5) In a hearing to determine the dispute to the garnishment, the money paid to the Director shall be presumed to be owned by the payor and the court shall order, (a) that the garnishment be limited to the payor’s interest in the money that was paid to the Director; and (b) that all or part of the money that was paid to the Director be returned to the co-holder only if it is satisfied that the co-holder owns that money.  1996, c. 31, s. 45 (5). Payment by Director (6) Upon receipt of a copy of the court’s order, the Director shall return to the co-holder any money determined by the court to belong to the co-holder and may release any remaining money, if any, to the recipient.  1996, c. 31, s. 45 (6). Action by joint account co-holder against payor (7) A co-holder may bring an action against the payor in a court of competent jurisdiction, (a) to recover any money owned by the co-holder that was paid to the Director under subsection (1); (b) to recover any interest that the co-holder would have earned on the money owned by the co-holder that was paid to the Director under subsection (1).  1996, c. 31, s. 45 (7). Director and recipient are not parties (8) The Director and the recipient are not parties to an action under subsection (7).  1996, c. 31, s. 45 (8). Definition (9) In this section, “deposit account” includes a deposit as defined in the Deposits Regulation Act and a demand account, time account, savings account, passbook account, checking account, current account and other similar accounts in, (a) a bank listed in Schedule I or II to the Bank Act (Canada), (b) a loan corporation or trust corporation as defined in the Loan and Trust Corporations Act, (c) a credit union as defined in the Credit Unions and Caisses Populaires Act, 2020, or (d) a similar institution. (e)  Repealed:  2002, c. 8, Sched. I, s. 11. 1996, c. 31, s. 45 (9); 2002, c. 8, Sched. I, s. 11; 2020, c. 36, Sched. 7, s. 310. Section Amendments with date in force (d/m/y) 2002, c. 8, Sched. I, s. 11 - 05/01/2005 2005, c. 16, s. 26 - 13/06/2005 2020, c. 36, Sched. 7, s. 310 - 01/03/2022