7 (1) Despite section 5, the Director may at any time refuse to enforce a support order or support deduction order, or any part of such support order or support deduction order, that is filed in the Director’s office if, in his or her opinion, (a) the amount of the support is nominal; (b) the amount of the support cannot be determined from the face of the order because it is expressed as a percentage of the payor’s income or it is dependent on another variable that does not appear on the order; (c) the meaning of the order is unclear or ambiguous; (d) the recipient has not complied with reasonable requests to provide the Director with accurate or sufficient information as may be needed in order to enforce the order or respecting the amount of arrears owed under the order; (e) the whereabouts of the recipient cannot be determined after reasonable efforts have been made; (f) the payor is in prison serving a sentence of five years or longer and has no assets or income available to satisfy the support order and any arrears under the order; (g) the payor is receiving benefits under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 and has no assets or income available to satisfy the support order and any arrears under the order; (h) the recipient repeatedly accepts payment of support directly from the payor; (i) the recipient consents to a limitation of enforcement of the support order by the Director; (j) enforcement of the support order has been stayed by a court; or (k) enforcement of the order is otherwise unreasonable or impractical.  1996, c. 31, s. 7 (1); 1997, c. 25, Sched. E, s. 2 (1); 2021, c. 25, Sched. 7, s. 1 (1). Policies and procedures (2) The Director may establish policies and procedures respecting subsection (1) and the policies and procedures shall be considered in the exercise of the Director’s discretion under that subsection.  2009, c. 33, Sched. 8, s. 2 (3). Deemed withdrawal (3) If the Director refuses to enforce an order or any part of such order under subsection (1), the Director shall notify the payor and the recipient and such order or any part of such order, as the case may be, shall be deemed to be withdrawn from the Director’s office on the date set out in the notice. 2021, c. 25, Sched. 7, s. 1 (2). Cost of living clauses (4) The Director shall not enforce a cost of living clause in a support order or support deduction order made in Ontario unless it is calculated in accordance with subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation.  1996, c. 31, s. 7 (4). Same (5) The Director shall not enforce a cost of living clause in a support order or a support deduction order if the support order was made outside Ontario unless it is calculated in a manner that the Director considers similar to that provided in subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation.  1996, c. 31, s. 7 (5). Same (6) Where the cost of living clause in an order is not calculated in accordance with subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation or, if the order was made outside Ontario, in a manner that the Director considers similar, the Director shall, subject to subsection (1), enforce the order as if it contained no cost of living clause.  1996, c. 31, s. 7 (6). Transition (7) Despite subsections (5) and (6), if an order contains a cost of living clause that is not calculated in accordance with subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation or, if the order was made outside Ontario, in a manner that the Director considers similar, which became effective before this section came into force, (a) the Director shall continue to enforce the order and the cost of living clause at the same amount at which the Director of the Family Support Plan was enforcing them immediately before this section came into force; and (b) the Director shall not make any further adjustments under the cost of living clause after this section comes into force.  1996, c. 31, s. 7 (7). Same (8) This section applies even if the order was filed in the Director’s office before this section comes into force.  1996, c. 31, s. 7 (8). Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 2 (1) - 01/07/1998 2009, c. 33, Sched. 8, s. 2 (3) - 15/12/2009 2021, c. 25, Sched. 7, s. 1 (1, 2) - 03/06/2021 7.1 Section Amendments with date in force (d/m/y) 2005, c. 16, s. 2
- see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2015 Director to cease enforcement