jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 There shall be a Director of the Family Responsibility Office who shall be appointed by the Lieutenant Governor in Council.  1996, c. 31, s. 2.
3 (1) The Director may, in writing, authorize a person or class of persons employed in the Director’s office to exercise any of the powers or perform any of the duties of the Director.  2009, c. 33, Sched. 8, s. 2 (1). Decisions (2) A decision made by a person exercising the Director’s powers or performing the Director’s duties under subsection (1) shall be deemed to be a decision of the Director.  2009, c. 33, Sched. 8, s. 2 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (1) - 15/12/2009
4 (1) The Minister responsible for the administration of this Act may, subject to the approval of the Lieutenant Governor in Council, assign to any person, agency or body, or class thereof, any of the powers, duties or functions of the Director under this Act, subject to the limitations, conditions and requirements set out in the assignment.  1996, c. 31, s. 4 (1); 2014, c. 7, Sched. 10, s. 2. Same (2) An assignment may include powers, duties or functions that are not purely administrative in nature, including statutory powers of decision and discretionary powers given to the Director under this Act, and may provide that an assignee may be a party in any action or proceeding instead of the Director.  1996, c. 31, s. 4 (2). Fees, etc. (3) An assignment may, subject to any regulation made under clause 63 (1), set out the fees, costs, disbursements, surcharges and other charges that the assignee may charge to the payor, or a method for determining them, how and when they may be collected, and may exempt the assignee from clause 22 (a) of the Collection and Debt Settlement Services Act.  1996, c. 31, s. 4 (3); 2013, c. 13, Sched. 1, s. 13. Same (4) An assignee may charge fees, costs, disbursements, surcharges and other charges as set out in the assignment and such fees, costs, disbursements, surcharges and other charges may, (a) be in respect of services for which the Director may not charge anything; (b) be higher than a fee, cost, disbursement, surcharge or other charge that the Director is permitted to charge for the same service; and (c) be applied in a manner other than that provided in section 57.  1996, c. 31, s. 4 (4). Same (5) Any fees, costs, disbursements, surcharges or other charges charged by an assignee must be charged to the payor and may be added to the amount of arrears owing by the payor and may be collected in like manner as arrears.  1996, c. 31, s. 4 (5). Interest (6) For the purposes of subsections (3), (4) and (5), “other charges” includes interest at a rate prescribed by regulation.  1996, c. 31, s. 4 (6). Use of information restricted (7) An assignee shall not use or disclose the information it has collected in carrying out any power, duty or function assigned to the assignee under subsection (1) except for the purposes of this Act.  1996, c. 31, s. 4 (7). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 1, s. 13 - 01/01/2015 2014, c. 7, Sched. 10, s. 2 - 24/07/2014
5 (1) It is the duty of the Director to enforce support orders where the support order and the related support deduction order, if any, are filed in the Director’s office and to pay the amounts collected to the person to whom they are owed.  1996, c. 31, s. 5 (1). Transition (2) Subject to subsection (4), a support order or support deduction order that is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force shall be deemed to be filed in the Director’s office on the day this section comes into force.  1996, c. 31, s. 5 (2). Same (3) If a support deduction order is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force and the related support order was never filed in his or her office before that day, it is the duty of the Director to enforce the support deduction order so long as it is filed in the Director’s office.  1996, c. 31, s. 5 (3). Same (4) If a support deduction order is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force and the related support order was withdrawn from his or her office before that day, either when the support order was made or later, the support deduction order shall be deemed to be withdrawn from the Director’s office on the day this section comes into force.  1996, c. 31, s. 5 (4).
6 (1) The Director shall carry out his or her duties in the manner, if any, that appears practical to the Director and, for the purpose, may commence and conduct a proceeding and take any steps in the Director’s name for the benefit of recipients, including, (a) enforcing support deduction orders that are filed in the Director’s office, as provided by this Act; (b) employing any other enforcement mechanisms expressly provided for in this Act; (c) employing any other enforcement mechanisms not expressly provided for in this Act.  1996, c. 31, s. 6 (1). Methods of paying support (1.0.1) In carrying out his or her duties under subsection (1), the Director may determine methods of payment that may be used by a payor to pay amounts owing under a support order. 2020, c. 34, Sched. 4, s. 1 (1). Policies and procedures (1.1) The Director may establish policies and procedures respecting subsection (1), including policies and procedures respecting the method of payment to be used by a payor, and the policies and procedures shall be considered in the exercise of the Director’s powers and the performance of the Director’s duties under that subsection.  2009, c. 33, Sched. 8, s. 2 (2); 2020, c. 34, Sched. 4, s. 1 (2). Transition (2) The Director may enforce the payment of arrears of support under a support order although they were incurred before the order was filed in the Director’s office or before July 2, 1987.  1996, c. 31, s. 6 (2). Same (3) The Director may enforce the payment of the arrears of support owed on the day this section comes into force under an order that, (a) is not a support order as defined in subsection 1 (1) but was a support order within the meaning of the Family Support Plan Act, as it read immediately before its repeal by this Act; and (b) is filed in the office of the Director of the Family Support Plan immediately before such repeal.  1996, c. 31, s. 6 (3). Same (4) For the purpose of subsection (3), an order described in that subsection shall be deemed to be a support order as defined in subsection 1 (1).  1996, c. 31, s. 6 (4). (5) Repealed. 
See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Enforcement alternatives (6) Enforcement of a support order or support deduction order by one means does not prevent enforcement by other means at the same time or different times.  1996, c. 31, s. 6 (6). Enforcement by Director exclusive (7) Subject to section 4, no person other than the Director shall enforce a support order that is filed in the Director’s office.  1996, c. 31, s. 6 (7). Same (8) Subject to section 4, no person other than the Director shall enforce a support deduction order, whether the order is filed in the Director’s office or not.  1996, c. 31, s. 6 (8). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (2) - 15/12/2009 Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011 2020, c. 34, Sched. 4, s. 1 (1, 2) - 08/12/2020
8 (1) Subject to section 8.3, the Director shall cease enforcement of a support obligation provided for in a support order or support deduction order filed in the Director’s office if the support obligation has terminated.  2009, c. 33, Sched. 8, s. 2 (4). How termination is determined (2) For the purpose of subsection (1), a support obligation is terminated if, (a) the parties to the support order or support deduction order agree, in the manner prescribed by the regulations, that the support obligation has terminated; (a.1) the Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation has terminated; (b) the support order or support deduction order states that the support obligation terminates on a set calendar date, and that date arrives; (c) a court orders that the obligation has terminated; or (d) in the case of an obligation for the support of a child, the Director receives notice, in accordance with the regulations, of the child’s death.  2009, c. 33, Sched. 8, s. 2 (4); 2021, c. 25, Sched. 7, s. 2 (1). Payor’s death (3) The Director shall not enforce a support order or support deduction order against the estate of a payor after he or she is notified, in accordance with the regulations, of the payor’s death.  2009, c. 33, Sched. 8, s. 2 (4). Notice to Director (4) For the purposes of clause (2) (a), if a support order or related support deduction order is filed in the Director’s office, each party to the support order shall give the Director notice of a termination of a support obligation under the order, in the manner and at the time prescribed by the regulations.  2009, c. 33, Sched. 8, s. 2 (4). Recipient’s Notice to Director (5) For the purposes of clause (2) (a.1), if a support order or related support deduction order is filed in the Director’s office, the recipient shall give the Director notice of a termination of a support obligation under such order, in the manner and at the time prescribed by the regulations. 2021, c. 25, Sched. 7, s. 2 (2). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 3
- 30/06/2006 2009, c. 33, Sched. 8, s. 2 (4) - 01/01/2011 2021, c. 25, Sched. 7, s. 2 (1, 2) - 03/06/2021
8.1 (1) Despite section 5 and subject to section 8.3, the Director has discretion to discontinue enforcement of a support order or support deduction order that is filed in the Director’s office if, (a) the payor notifies the Director in accordance with subsection 8 (4) that the support obligation has terminated; (b) the Director serves on the recipient a request to confirm or deny that the support obligation has terminated; and (c) the recipient does not respond within 20 days after being served.  2005, c. 16, s. 3; 2009, c. 33, Sched. 8, s. 2 (5-7). Written response (1.1) For the purposes of clause (1) (c), the response must be in writing.  2009, c. 33, Sched. 8, s. 2 (8). Reinstatement (2) If, after enforcement has been discontinued in accordance with subsection (1), the Director receives a written notice from the recipient denying that the support obligation has terminated, the Director may resume enforcement.  2005, c. 16, s. 3. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 3
- 30/06/2006 2009, c. 33, Sched. 8, s. 2 (5-8) - 01/01/2011
8.1.1 (1) Despite section 5 and subject to section 8.3, with respect to a support order or support deduction order that is filed in the Director’s office and that pertains to a child who has attained the age of majority, the Director has discretion to discontinue enforcement or, in accordance with section 8.2, enforce a lesser amount of support if, (a) the Director serves on the recipient a request to provide any information the Director considers necessary to establish that, with respect to the child who has attained the age of majority, the enforcement of the support obligation should continue; and (b) the recipient does not respond in writing within 20 days after being served or the Director is of the opinion that the information provided by the recipient does not meet the requirements in clause (a). 2021, c. 25, Sched. 7, s. 3. Reinstatement (2) If, after the Director exercises discretion to discontinue enforcement or enforce a lesser amount in accordance with subsection (1), the Director receives a written response from the recipient to the Director’s request, the Director may resume enforcement or reinstate the amount enforced before the reduction. 2021, c. 25, Sched. 7, s. 3. Director’s discretion may be exercised upon payor’s request (3) The Director may exercise his or her discretion referred to in subsection (1) upon the written request of the payor. 2021, c. 25, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 7, s. 3 - 03/06/2021
8.2 (1) Subject to section 8.3, if the conditions set out in subsection (2) are satisfied with respect to a support order or support deduction order, the Director may exercise discretion to enforce a lesser amount of support in accordance with the table set out in the applicable child support guidelines.  2005, c. 16, s. 3; 2009, c. 33, Sched. 8, s. 2 (9). Conditions (2) The conditions referred to in subsection (1) are: 1. The order was made in accordance with the table set out in the applicable child support guidelines. 2. One of the following applies: i. It has been agreed under clause 8 (2) (a) that the support obligation under the order has terminated with respect to a child. ii. The payor notifies the Director in accordance with subsection 8 (4) that the support obligation has terminated, the Director serves on the recipient a request to confirm or deny that the support obligation has terminated, and the recipient does not respond within 20 days after being served. iii. The Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation under the order has terminated with respect to a child. 3. The support obligation under the order still continues with respect to another child. 4. The order states, i. the number of children, and ii. the total amount of support determined in accordance with the table.  2005, c. 16, s. 3; 2009, c. 33, Sched. 8, s. 2 (10); 2021, c. 25, Sched. 7, s. 4. Written response (3) For the purposes of subparagraph 2 ii of subsection (2), the response must be in writing.  2009, c. 33, Sched. 8, s. 2 (11). Reinstatement (4) If, after the Director exercises the discretion to enforce a lesser amount in reliance on subparagraph 2 ii of subsection (2), the Director receives a written notice from the recipient denying that the support obligation has terminated, the Director may reinstate the amount enforced before the reduction.  2009, c. 33, Sched. 8, s. 2 (11). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 3
- 30/06/2006 2009, c. 33, Sched. 8, s. 2 (9-11) - 01/01/2011 2021, c. 25, Sched. 7, s. 4 - 03/06/2021
8.3 If a support order has been assigned to an agency described in subsection 33 (3) of the Family Law Act, the Director shall not cease, discontinue or reduce enforcement of the support order without the agency’s consent.  2009, c. 33, Sched. 8, s. 2 (12). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (12) - 01/01/2011
8.4 (1) If the parties to a support order do not agree that a support obligation has terminated or if the agency referred to in section 8.3 does not provide its consent under that section, the court that made the support order shall, on the motion of a party to the support order or of the agency, (a) decide whether the support obligation has terminated; and (b) make an order to that effect.  2009, c. 33, Sched. 8, s. 2 (12). Same (2) If the support order was not made by a court, the order described in subsection (1) shall be made by the Ontario Court of Justice or the Family Court.  2009, c. 33, Sched. 8, s. 2 (12). Same (3) If an issue as to whether the support obligation has terminated arises within an application between the parties, it is not necessary to make a separate motion under subsection (1).  2009, c. 33, Sched. 8, s. 2 (12). Order to repay (4) A court that finds that a support obligation has terminated may order repayment in whole or in part from a person who received support after the obligation was terminated if the court is of the opinion that the person ought to have notified the Director that the support obligation had terminated.  2009, c. 33, Sched. 8, s. 2 (12). Same (5) In determining whether to make an order under subsection (4), the court shall consider the circumstances of each of the parties to the support order.  2009, c. 33, Sched. 8, s. 2 (12). Role of Director (6) An order under subsection (4) is not a support order and shall not be enforced by the Director.  2009, c. 33, Sched. 8, s. 2 (12). Continued enforcement (7) The Director shall continue to enforce the support obligation until he or she receives a copy of the court’s order terminating the support obligation.  2009, c. 33, Sched. 8, s. 2 (12). Same (8) Despite the termination of a support obligation, the Director shall continue to enforce the support obligation in respect of any arrears that have accrued.  2009, c. 33, Sched. 8, s. 2 (12). Director not a party (9) The Director is not a party to, (a) a proceeding to determine a person’s entitlement to support under a support order; or (b) a motion to decide whether a support obligation has terminated.  2009, c. 33, Sched. 8, s. 2 (12). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (12) - 01/01/2011 Part III   Support Orders and Support Deduction Orders — Making and Filing
9 (1) Every support order made by an Ontario court, other than a provisional order, shall state in its operative part that unless the order is withdrawn from the Director’s office, it shall be enforced by the Director and that amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed.  1996, c. 31, s. 9 (1). Court may require that order may not be withdrawn (2) If the court considers it appropriate to do so, it may state in the operative part of the order, instead of the wording prescribed by subsection (1), that the order and the related support deduction order shall be enforced by the Director and that they cannot be withdrawn from the Director’s office.  1996, c. 31, s. 9 (2). Application to notices of calculation (2.1) The wording required by subsection (1) to be included in every support order made by an Ontario court shall be included in every support order that is a notice of calculation. 2014, c. 7, Sched. 10, s. 3 (1). Director retains discretion to not enforce orders (3) Section 7 applies to every support order worded as provided in subsection (1), (2) or (2.1), whether the order was made before or after this section comes into force and despite the wording of an order made under subsection (2).  1996, c. 31, s. 9 (3); 2014, c. 7, Sched. 10, s. 3 (2). Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 3 (1, 2) - 04/04/2016
10 (1) An Ontario court that makes a support order, as defined in subsection 1 (1), shall also make a support deduction order.  1996, c. 31, s. 10 (1). New orders to be made (2) When a support order is changed and the changed order is a support order as defined in subsection 1 (1), the court shall also make a support deduction order to reflect the change.  2005, c. 16, s. 4. Transition (3) When a support order, within the meaning of the Family Support Plan Act as it read immediately before its repeal by this Act, is changed and the changed order is a support order as defined in subsection 1 (1), the court shall also make a support deduction order to reflect the change.  2005, c. 16, s. 4. Order mandatory (4) A support deduction order shall be made even though the court cannot identify an income source in respect of the payor at the time the support order is made.  1996, c. 31, s. 10 (4). Exception (5) A support deduction order shall not be made in respect of a provisional order.  1996, c. 31, s. 10 (5). Same (6) A notice of recalculation under section 39.1 of the Family Law Act does not require a support deduction order reflecting the recalculation. 2014, c. 7, Sched. 10, s. 4. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 4
- 13/06/2005 2014, c. 7, Sched. 10, s. 4 - 04/04/2016
11 (1) A support deduction order shall be in the form prescribed by the regulations.  1996, c. 31, s. 11 (1). Information re payor, income source (2) Before making a support deduction order, the court shall make such inquiries of the parties as it considers necessary to determine the names and addresses of each income source of the payor and the amounts paid to the payor by each income source and shall make such other inquiries to obtain information as may be prescribed by the regulations.  1996, c. 31, s. 11 (2). Same (3) If the support order is sought on consent or by way of motion for judgment or if the making of the support order is uncontested, the parties shall give the court the particulars described in subsection (2) and such other information as may be prescribed by the regulations.  1996, c. 31, s. 11 (3). Completion of form, etc. (4) The support deduction order shall be completed and signed by the court, or by the clerk or registrar of the court, at the time the support order is made and shall be entered in the court records promptly after it is signed, even if the support order may not have been settled or signed at that time.  1996, c. 31, s. 11 (4).
11.1 In the event of a conflict between a support order and the support deduction order made in relation to the support order, the support order prevails.  2009, c. 33, Sched. 8, s. 2 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (13) - 15/12/2009 Court to file orders
12 (1) The clerk or registrar of the court that makes a support order shall file it with the Director’s office promptly after it is signed.  1996, c. 31, s. 12 (1). Support deduction orders (2) The clerk or registrar of the court that makes a support deduction order shall file it with the Director’s office promptly after it is signed, even if the related support order may not have been settled or signed at the time.  1996, c. 31, s. 12 (2).
12.1 On giving notice of a calculation under section 39 of the Family Law Act, the child support calculation service, as defined in that section, shall file a copy of the notice with the Director’s office. 2014, c. 7, Sched. 10, s. 5. Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 5 - 04/04/2016
12.2 On giving notice of a recalculation under section 39.1 of the Family Law Act
that relates to a support order that is being enforced by the Director, the child support recalculation service, as defined in that section, shall file a copy of the notice with the Director’s office. 2014, c. 7, Sched. 10, s. 6. Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 6 - 04/04/2016
13 (1) When a support order made by a court outside Ontario is registered under subsection 19 (1) of the Interjurisdictional Support Orders Act, 2002, the clerk who registers the order shall promptly file it with the Director’s office, unless the order is accompanied by a notice signed by the person seeking enforcement stating that he or she does not want the order enforced by the Director.  2002, c. 13, s. 57 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 13 (1) of the Act is amended by adding “or Article 10 (1) (a) of the Convention in the Schedule to the International Recovery of Child Support and Family Maintenance Convention Act, 2023” after “Interjurisdictional Support Orders Act, 2002”. (See: 2023, c. 9, Sched. 16, s. 25 (2)) Same – Divorce Act (Canada) orders (2) A support order made by a court outside Ontario under the Divorce Act (Canada) may be filed in the Director’s office by the recipient under the order and, for the purpose of subsection 20 (3) of the Divorce Act (Canada), the order becomes enforceable by the Director upon its filing in the Director’s office without it having been registered in a court in Ontario.  1996, c. 31, s. 13 (2). Section Amendments with date in force (d/m/y) 2002, c. 13, s. 57 (2) - 31/03/2003 2023, c. 9, Sched. 16, s. 25 (2) - not in force
14 (1) If a recipient has applied and is eligible for, or has received, a benefit under the Family Benefits Act or assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997, a support order may be filed in the Director’s office, whether or not the payor and recipient have given a notice to withdraw under subsection 16 (1.1), by the following: 1. The Ministry of Community and Social Services in the name of the Minister. 2. A municipality, excluding a lower-tier municipality in a regional municipality. 3. A district social services administration board under the District Social Services Administration Boards Act. 4. A band approved under section 15 of the General Welfare Assistance Act. 5. A delivery agent under the Ontario Works Act, 1997.  1997, c. 25, Sched. E, s. 2 (2); 2002, c. 17, Sched. F, Table; 2005, c. 16, s. 5 (1). Same, reciprocating jurisdiction (1.1) If a recipient has applied and is eligible for, or has received, social assistance benefits in a reciprocating jurisdiction, or if a support order has been assigned to a social assistance provider in a reciprocating jurisdiction, the support order may be filed in the Director’s office by the social assistance provider in the reciprocating jurisdiction, whether or not the payor and recipient have given a notice to withdraw under subsection 16 (1.1).  2005, c. 16, s. 5 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 14 (1.1) of the Act is amended by adding “or contracting state” after “reciprocating jurisdiction” wherever it appears. (See: 2023, c. 9, Sched. 16, s. 25 (3)) Same (2) If a support order is filed under subsection (1) or (1.1), the related support deduction order, if any, shall be deemed to be filed in the Director’s office at the same time.  1997, c. 25, Sched. E, s. 2 (2); 2005, c. 16, s. 5 (3). Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 2 (2) - 01/07/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2005, c. 16, s. 5 (1-3) - 13/06/2005 2023, c. 9, Sched. 16, s. 25 (3) - not in force
15 Subject to sections 12, 12.1, 12.2, 13 and 14, a support order may be filed in the Director’s office only by the payor or recipient under the order.  1996, c. 31, s. 15; 2014, c. 7, Sched. 10, s. 7 (1, 2). Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 7 (1, 2) - 04/04/2016
17 The Director shall give notice of the filing or withdrawal of a support order or support deduction order to all the parties to the order, and at the request of any agency referred to in subsection 14 (1), to the agency.  1997, c. 25, Sched. E, s. 2 (5). Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 2 (5) - 01/07/1998
18 Where a support deduction order that was made before this section came into force is filed in the Director’s office but the related support order was never filed in the Director’s office, the recipient shall inform the Director in writing of, (a) the amount of money received on account of the support order other than by means of the support deduction order; and (b) any changes in the amount to be paid under the support order.  1996, c. 31, s. 18; 2005, c. 16, s. 7. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 7
- 13/06/2005
19 A payor or recipient under a support order or support deduction order that is filed in the Director’s office shall advise the Director of any changes to the following, within 10 days after the change: 1. Any name or alias used by the payor or recipient, including any spelling variation of any name or alias. 2. The payor’s or recipient’s home address, and the mailing address if different from the home address. 3. Any telephone number of the payor or recipient. 4. Other contact information, such as the payor’s or recipient’s work address, fax number or e-mail address, if the payor or recipient has previously provided that contact information to the Director.  2007, c. 7, Sched. 15, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 8
- 13/06/2005 2007, c. 7, Sched. 15, s. 1 - 17/05/2007 Part IV   Support Deduction Orders — Enforcement
20 (1) The Director shall enforce a support deduction order that is filed in the Director’s office, subject to section 7, to any change made to the support deduction order to any alternative payment order made under section 28 and to any decision of the Director to use a different method of payment, until the related support order is terminated and there are no arrears owing or until the support order and support deduction order are withdrawn.  2005, c. 16, s. 9; 2020, c. 34, Sched. 4, s. 2. Notice of support deduction order to income sources (2) The Director may serve a notice of a support deduction order to each income source from whom the Director is seeking payment, and may serve new notices when the amount to be paid under a support order changes or arrears are owing.  1996, c. 31, s. 20 (2). Contents of notice (3) The notice shall set out the amount of support owed by the payor under the support order and may also set out any amount in arrears under the support order and the amount required to be paid by the income source to the Director.  1996, c. 31, s. 20 (3). Notice to payor (4) The Director shall send to the payor a copy of every notice sent under subsection (2).  1996, c. 31, s. 20 (4). Notice deemed garnishment for Family Orders and Agreements Enforcement Assistance Act (Canada) (5) A notice of a support deduction order shall be deemed to be a notice of garnishment made under provincial garnishment law for the purposes of the Family Orders and Agreements Enforcement Assistance Act (Canada).  1996, c. 31, s. 20 (5). Support deduction order not affected by stay of enforcement of support order (6) The operation or enforcement of a support deduction order is not affected by an order staying the enforcement of the related support order unless the support order is also stayed.  1996, c. 31, s. 20 (6). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 9
- 13/06/2005 2020, c. 34, Sched. 4, s. 2 - 08/12/2020
21 (1) A support deduction order shall be deemed to have been made in respect of a support order described in subsection (8) if, (a) the payor or the recipient requests that the Director enforce the support order under this Part and the Director considers it practical to do so; or (b) the Director considers it advisable to enforce the support order under this Part.  1996, c. 31, s. 21 (1); 2014, c. 7, Sched. 10, s. 9 (1). Notice to other party (2) The Director shall give notice to the other party of the Director’s intention to enforce the support order under this Part.  1996, c. 31, s. 21 (2); 2014, c. 7, Sched. 10, s. 9 (2). Exception (2.1) Subsection (2) does not apply in the case of a support order that is a notice of calculation. 2014, c. 7, Sched. 10, s. 9 (3). When and by what court deemed order is made (3) The support deduction order shall, 30 days after the notice is served, be deemed to have been made by the court that made the support order or, (a) if the support order was made under the Divorce Act (Canada) by a court outside Ontario, by the Superior Court of Justice or, where applicable, the Family Court; (b) if the support order (other than an order under the
Divorce Act (Canada)) was made by a court outside Ontario, by a court in Ontario that is the same level as the court that has the jurisdiction to make the order enforceable in Ontario; (c) if the support order is a domestic contract, by the Ontario Court of Justice or the Family Court.  1996, c. 31, s. 21 (3); 2005, c. 16, s. 10 (1, 2); 2014, c. 7, Sched. 10, s. 9 (4, 5). Same, notice of calculation (3.1) If the support order is a notice of calculation, the support deduction order shall be deemed to have been made by the Ontario Court of Justice or the Family Court. 2014, c. 7, Sched. 10, s. 9 (6). Alternative payment order (4) The payor may make a motion for an alternative payment order under section 28, in the court that is deemed to have made the support deduction order.  2005, c. 16, s. 10 (3); 2014, c. 7, Sched. 10, s. 9 (7). Delay of effective date (5) If a motion is made under subsection (4), a deemed support deduction order does not come into force until the motion is determined.  1996, c. 31, s. 21 (5); 2005, c. 16, s. 10 (4). Withdrawal of support deduction order (6) Section 16 applies to a deemed support deduction order.  1996, c. 31, s. 21 (6). No form required (7) Subsection 11 (1) does not apply to a deemed support deduction order.  1996, c. 31, s. 21 (7). Application of this section (8) This section applies only to support orders filed in the Director’s office that are, (a) support orders made by an Ontario court before March 1, 1992; (b) domestic contracts that are enforceable under section 35 of the Family Law Act; (b.1) notices of calculation that are enforceable under section 39 of the Family Law Act; (c) support orders made by a court outside Ontario that are enforceable in Ontario.  1996, c. 31, s. 21 (8); 2014, c. 7, Sched. 10, s. 9 (8, 9). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 10 (1-4)
- 13/06/2005 2014, c. 7, Sched. 10, s. 9 (1, 2, 4, 5, 7, 8) - 24/07/2014; 2014, c. 7, Sched. 10, s. 9 (3, 6, 9) - 04/04/2016
22 (1) An income source that receives notice of a support deduction order, whether or not the income source is named in the order, shall, subject to section 23, deduct from the money the income source owes to the payor the amount of the support owed by the payor, or such other amount that is set out in the notice, and shall pay that amount to the Director.  1996, c. 31, s. 22 (1). First payment (2) The income source shall begin making payments to the Director not later than the day the first payment is to be paid to the payor that falls at least 14 days after the day on which the income source is served with the notice.  1996, c. 31, s. 22 (2). Electronic payment (2.1) The income source may make the payments by a prescribed method of electronic transmission.  2005, c. 16, s. 11. Payor’s duty to pay (3) 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, if the support order is filed in the Director’s office, or to the recipient, if the support order is not filed in the Director’s office.  1996, c. 31, s. 22 (3). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 11
- 13/06/2005
23 (1) The total amount deducted by an income source and paid to the Director under a support deduction order shall not exceed 50 per cent of the net amount owed by the income source to the payor.  1996, c. 31, s. 23 (1). (2) Repealed. 
See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Exception for certain federal payments (3) Despite subsection (1), up to 100 per cent of a payor’s income tax refund or other lump sum payment that is attachable under the Family Orders and Agreements Enforcement Assistance Act (Canada) may be deducted and paid to the Director under a support deduction order.  1996, c. 31, s. 23 (3). (4) Repealed. 
See: Table of Public Statute Provisions Repealed Under Section 10.1 of the
Legislation Act, 2006 – December 31, 2011. Interpretation – net amount (5) 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, less the total of the following deductions: 1. Income Tax. 2. Canada Pension Plan. 3. Employment Insurance. 4. Union dues. 5. Such other deductions as may be prescribed by the regulations.  1996, c. 31, s. 23 (5). Same (6) 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.  1996, c. 31, s. 23 (6). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 12 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011 Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011
24 (1) 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.  1996, c. 31, s. 24 (1). Social assistance benefits (2) Despite subsection (1), no amounts shall be deducted from any amount payable to a payor as a benefit under the Family Benefits Act or as assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or as income support under the Ontario Disability Support Program Act, 1997, in order to comply with a support deduction order unless authorized under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997.  1997, c. 25, Sched. E, s. 2 (6). Definition (3) In subsection (1), “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.  1996, c. 31, s. 24 (3). Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 2 (6) - 01/07/1998
25 (1) Within 10 days after 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 of the termination or interruption to the Director, together with such other information as may be required by the regulations.  1996, c. 31, s. 25 (1). Same (2) If notice has been or should have been given under subsection (1), (a) the payor and the income source, within 10 days after the resumption of payments that have been interrupted, shall give written notice to the Director of the resumption; (b) the payor, within 10 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 of the new employment or entitlement and of the name and address of the income source.  1996, c. 31, s. 25 (2).
26 (1) If an individual, corporation or other entity served with notice of a support deduction order 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 within 10 days after the service of the notice.  1996, c. 31, s. 26 (1). Same (2) The Director or an individual, corporation or other entity who has notified the Director under subsection (1) may, on notice to each other, make a motion to the court that made or is deemed to have made the support deduction order to determine whether the individual, corporation or other entity is an income source.  1996, c. 31, s. 26 (2); 2005, c. 16, s. 13 (1). Same (3) The Director or an income source may, on notice to each other, make a motion to the court that made or is deemed to have made the support deduction order to determine, (a) whether the income source has failed to comply with the order; or (b) whether the amount the income source is deducting and paying to the Director under the order is correct.  1996, c. 31, s. 26 (3); 2005, c. 16, s. 13 (2). Determination by court (4) In a motion under subsection (2) or (3), the court shall determine the issue in a summary manner and make such order as it considers appropriate in the circumstances.  1996, c. 31, s. 26 (4). Limitation (5) A motion shall not be made under subsection (2) by an individual (other than the Director), corporation or other entity until at least 14 days after the individual, corporation or other entity gave written notice to the Director as required by subsection (1).  1996, c. 31, s. 26 (5); 2005, c. 16, s. 13 (3). Same (6) A motion shall not be made by an income source under subsection (3) unless the income source has given written particulars of the proposed motion to the Director at least 14 days before serving the Director with notice of the motion.  1996, c. 31, s. 26 (6); 2005, c. 16, s. 13 (4). Liability (7) An income source is liable to pay to the Director any amount that it failed without proper reason to deduct and pay to the Director after receiving notice of a support deduction order and, in a motion under subsection (3), the court may order the income source to pay the amount that it ought to have deducted and paid to the Director.  1996, c. 31, s. 26 (7). Other enforcement (8) In addition to any other method available to enforce an order in a civil proceeding, any order made under subsection (4) or (7) may be enforced under this Act in the same manner and with the same remedies as a support order.  1996, c. 31, s. 26 (8). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 13 (1-4) - 13/06/2005
29 Information about a payor obtained as a result of the application of this Part by an income source or an individual, corporation or other entity believed to be an income source shall not be disclosed by the income source or the individual, corporation or other entity, as the case may be, or any director, officer, employee or agent thereof, except for the purposes of complying with a support deduction order or this Act.  1996, c. 31, s. 29.
30 (1) 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, 2010 and all support orders and support deduction orders rank equally with each other.  1996, c. 31, s. 30 (1); 2010, c. 16, Sched. 4, s. 25 (1). Same (2) If an income source is required to make payments to the Director 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 an alternative payment order has been made or that the support deduction order is terminated or withdrawn from the Director’s office.  2005, c. 16, s. 16. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 16 - 13/06/2005 2010, c. 16, Sched. 4, s. 25 (1) - 25/10/2010
31 An agreement by the parties to a support order to change enforcement of a support deduction order that is filed in the Director’s office and any agreement or arrangement to avoid or prevent enforcement of a support deduction order that is filed in the Director’s office are of no effect.  1996, c. 31, s. 31; 2005, c. 16, s. 17. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 17 - 13/06/2005
32 A support deduction order may be enforced despite any provision in any other Act protecting any payment owed by an income source to a payor from attachment or other process for the enforcement of a judgment debt.  1996, c. 31, s. 32. Part V   Suspension of Drivers’ Licences
33 In this Part, “driver’s licence” has the same meaning as in subsection 1 (1) of the Highway Traffic Act.  1996, c. 31, s. 33. 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
34 When a support order that is filed in the Director’s office is in default, the Director may serve a first notice on the payor, informing the payor that his or her driver’s licence may be suspended unless, within 30 days after the day the first notice is served,  (a) 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; (b) the payor obtains an order to refrain under subsection 35 (1) and files the order in the Director’s office; or (c) the payor pays all arrears owing under the support order.  1996, c. 31, s. 34. 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
36 (1) The Director may serve a final notice on the payor if, at any time in the 24 months after the payor made an arrangement under clause 34 (a) or obtained an order under subsection 35 (1) or clause 35 (14) (b), the payor fails to comply with, (a) the terms of the arrangement made with the Director in response to the first notice; (b) the terms of an order to refrain under subsection 35 (1); or (c) the terms of the changed support order and an order respecting payment of arrears under clause 35 (14) (b).  1996, c. 31, s. 36 (1); 2005, c. 16, s. 19. Contents (2) The final notice shall inform the payor that his or her driver’s licence may be suspended, (a) unless, within 15 days after the day the final notice is served, (i) the payor complies with clause (1) (a), (b) or (c), or (ii) the payor pays all arrears owing under the support order; or (b) if, within 24 months after the payor makes an arrangement under clause (1) (a) or obtains an order under subsection 35 (1) or clause 35 (14) (b), the payor fails to comply with the arrangement or order.  1996, c. 31, s. 36 (2); 2005, c. 16, s. 19 (2). Interpretation: arrangement in response to notice (3) For the purposes of this section, an arrangement is made in response to a first notice if it is made within the time referred to in the first notice.  1996, c. 31, s. 36 (3). Same (4) An arrangement that is made in response to a first notice and is then amended by agreement in writing remains an arrangement made in response to the first notice.  1996, c. 31, s. 36 (4). 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. 19 (1, 2) - 13/06/2005; 2005, c. 16, s. 38 (1, 2) - no effect - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011 Direction to suspend
37 (1) The Director may direct the Registrar of Motor Vehicles to suspend a payor’s driver’s licence if, within the 30-day period referred to in the first notice, the payor does not, (a) make an arrangement satisfactory to the Director for complying with the support order; (b) obtain an order to refrain under subsection 35 (1) and file the order in the Director’s office; or (c) pay all arrears owing under the support order.  1996, c. 31, s. 37 (1). After final notice (2) The Director may direct the Registrar of Motor Vehicles to suspend a payor’s driver’s licence if, within the 15-day period referred to in the final notice or at any time in the 24-month period referred to in the final notice, the payor does not, (a) comply with clause 36 (1) (a), (b) or (c); or (b) pay all arrears owing under the support order.  1996, c. 31, s. 37 (2); 2005, c. 16, s. 20. Form of direction (3) A direction under this section shall be in a form approved by the Director and the Registrar of Motor Vehicles.  1996, c. 31, s. 37 (3). 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. 20 - 13/06/2005; 2005, c. 16, s. 39 - no effect - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011