jswizzle3737/ontario_laws_and_regs huggingface dataset:
Director of Family Support Plan
2. (1) There shall be a Director of the Family Support Plan who shall be appointed by the Lieutenant Governor in Council. 1991, c.5, s.3. Duty and powers of Director (2) It is the duty of the Director to enforce support and custody orders that are filed in the Director’s office, in the manner, if any, that appears practical and the Director may, for the purpose, commence and conduct a proceeding and take steps for the enforcement of the order in the Director’s name for the benefit of the person entitled to enforcement of the order, or of that person’s child. Idem (3) 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 this Act came into force. Fees (4) The Director shall not charge a fee for services to persons on whose behalf he or she acts. Enforcement officers (5) The Director may appoint employees of the Director’s office as enforcement officers for the purposes of this Act. Powers of enforcement officers (6) An enforcement officer may act for the Director and in his or her name. R.S.O. 1990, c.S.28, s.2(2-6).
Filing of orders
3. (1) A support or custody order may be filed with the Director’s office. Idem (2) An order may be filed even if it has been previously withdrawn. Who may file (3) Subject to subsections (6) and (8), a support order may be filed only by a person entitled to support under it or by a parent of a child entitled to support under it other than the payor. Idem (4) A custody order may only be filed by a person entitled to custody under it. Director to enforce support orders (5) 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made by an Ontario court, other than a provisional order, shall state in its operative part that unless the order is withdrawn from the Director’s office, it shall be enforced by the Director and that amounts owing under the order shall be paid to the Director, who shall pay them to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. Prompt filing (6) The clerk or registrar of the court that makes an order described in subsection (5) shall file it with the Director’s office promptly after it is signed unless the person entitled to receive support files with the court and the Director’s office a written notice signed by the person stating that he or she does not want the order enforced by the Director. Filing orders of other jurisdictions (7) A support order made by a court outside Ontario that is received by the Ministry of the Attorney General or an Ontario court for enforcement in Ontario shall be filed with the Director’s office promptly after it is received, unless it 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. Filing by Minister (8) If a person who is entitled to support under a support order has applied and is eligible for, or has received, a benefit under the Family Benefits Act or assistance under the General Welfare Assistance Act, the Minister of Community and Social Services may file the order in the Director’s office, whether or not the notice referred to in subsection (6) or (7) has been given. Filing of past orders (9) Promptly after a day to be named by proclamation of the Lieutenant Governor, support orders filed for enforcement under section 27 of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980, shall be filed in the Director’s office by the clerks or registrars of the courts in which they are filed. 1991, c.5, s.4, part.
Support deduction orders
3.1 (1) An Ontario court that makes a support order, which provides for payment of support on a periodic basis at regular intervals, shall also make a support deduction order for the payment of the periodic support ordered. Exception (2) A support deduction order shall not be made in respect of a provisional order. Required information (3) Before making a support deduction order, the court shall make such inquiries 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. Consent proceedings, etc. (4) 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 persons prescribed by the regulations shall give the court the particulars described in subsection (3) and such other information as may be prescribed. Order mandatory (5) 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. 1991, c.5, s.4, part.
Form of support deduction order
3.2 (1) A support deduction order shall be in the form prescribed by the regulations. Completion of form, etc. (2) The support deduction order shall be completed and signed by the court at the time the support order is made and shall be entered in the court records immediately after it is signed, even though the support order may not have been settled or signed at that time. Prompt filing (3) 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. 1991, c.5, s.4, part.
Disputes, etc., by payor
3.5 (1) A payor, on motion in the court that made the support deduction order, or in the appropriate court on a motion under subsection 3.8(6), (a) may dispute the amount being deducted by an income source under a support deduction order if he or she is of the opinion that because of a mistake of fact more is being deducted than is required under this Act; (b) may dispute whether he or she has defaulted in paying support after a suspension order has been made under section 3.4; (c) may seek relief regarding the amount which is being deducted under a support deduction order for arrears under a support order. Dispute over entitlement (2) On a motion referred to in subsection (1), the payor shall not dispute the entitlement of a person to support under a support order. Necessary party (3) The Director is a necessary party to a motion referred to in subsection (1). Power of court (4) The court shall determine the issue in a summary manner and make such order as it considers appropriate in the circumstances. Idem (5) On a motion under clause (1)(c), the payor shall be presumed to have the ability to pay the amount being deducted for arrears and the court may vary the amount being deducted only if it is satisfied that the payor is unable for valid reasons to pay that amount but this does not affect the accruing of arrears. 1991, c.5, s.4, part.
Variation of support deduction order
3.6 (1) Subject to section 3.5, a court shall not vary the amount to be paid under a support deduction order unless the support order to which it relates is varied. New order (2) When a support order is varied to provide for or to vary periodic payments at regular intervals, a support deduction order shall be made to reflect the variation. Exception (3) A support deduction order shall not be made in respect of a provisional order that varies a support order. 1991, c.5, s.4, part.
No opting out
3.7 An agreement by the parties to a support order to vary a support deduction order and any agreement or arrangement to avoid or prevent enforcement of a support deduction order are of no effect. 1991, c.5, s.4, part.
Old orders, domestic contracts, paternity agreements
3.8 (1) This section applies only to support orders filed with the Director’s office that are, (a) support orders made by an Ontario court before this section comes into force; (b) domestic contracts and paternity agreements that are enforceable under section 35 of the Family Law Act. Enforcement (2) The Director may enforce payment under a support order to which this section applies as if a support deduction order had been made if the Director considers it advisable to do so and the Director shall enforce payment if the person entitled to receive support under the order requests enforcement under this section and the Director considers it practical to do so. Notice (3) Before enforcing payments as provided in subsection (2), the Director shall give notice to the payor and the notice may be given by prepaid ordinary mail at his or her last address as shown on the records of the Director’s office. Idem (4) A notice given by mail shall be deemed to have been served on the payor on the fifth day following mailing, excluding Saturdays, Sundays and holidays, unless the contrary is shown. Deemed support deduction order (5) A support deduction order shall be deemed to have been made by the appropriate court thirty days after the notice is served on the payor. Suspension (6) The payor may, within thirty days of being served with the notice, commence a motion under section 3.4 in the appropriate court for a suspension of a support deduction order described in subsection (5). Delay of enforcement (7) If a motion has been brought under subsection (6), a support deduction order described in subsection (5) does not come into force until the motion has been determined. No form required (8) Section 3.2 does not apply to an order described in subsection (5). Appropriate court (9) For the purposes of support orders to which this section applies, the appropriate court is the court that made the support order or, if the order was not made by a court, the Ontario Court (Provincial Division) or the Unified Family Court. 1991, c.5, s.4, part.
Termination of support obligation
3.9 (1) Each of the parties to a support order shall give to the Director notice of the termination of a support obligation under the order, in the manner and at such time as may be provided in the regulations, if the support order is filed in the Director’s office or if a support deduction order has been made in respect of the support obligation. Idem (2) If the parties to a support order agree in the manner prescribed by the regulations or if the support obligation is stated in a support order to terminate on a set calendar date, the Director shall cease enforcement of a support obligation that has terminated; however, if the support order has been assigned to an agency described in subsection 33(3) of the Family Law Act, the Director shall not cease enforcement of the support obligation without the agency’s consent. Disputes (3) If the parties to the support order do not agree or if the agency does not consent, the court that made the support order shall, on the motion of a party to the order or of the agency, decide if the support obligation has terminated. 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. Idem (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. Continued enforcement (6) The Director shall continue to enforce the support obligation in the manner, if any, that appears practical to the Director until he or she receives a copy of the court’s decision terminating the support obligation. Idem (7) Despite the termination of a support obligation, the Director shall continue to enforce the support obligation in respect of any arrears which have accrued, in the manner, if any, that appears practical to the Director. Notice to income sources (8) When the Director’s duty to enforce a support obligation which is subject to a support deduction order ceases, the Director shall give written notice to each income source affected by the support deduction order of any change in the amount to be paid. Idem (9) A notice under subsection (8) may be given by prepaid ordinary mail to the last address of the income source as shown on the records of the Director’s office. Director not party (10) The Director is not a party to any proceeding to determine the entitlement of any person to support under a support order or to a motion to decide whether a support obligation has terminated. 1991, c.5, s.4, part.
Financial statements
3.10 (1) The Director may require a payor who is in default under a support order or in respect of whom a support deduction order is being enforced to complete and deliver to the Director’s office a financial statement in the form prescribed by the regulations together with such proof of income as may be required by the regulations. Idem (2) The Director may request completion of the financial statement by sending a request by prepaid ordinary mail to the payor at his or her last address as shown on the records of the Director’s office together with a blank financial statement form and a statement of the arrears. Idem (3) The request shall be deemed to have been served on the payor on the fifth day following mailing, excluding Saturdays, Sundays and holidays, unless the contrary is shown. Idem (4) The payor shall deliver the completed financial statement to the Director’s office within fifteen days of the day that he or she was served with the request to complete the form. Changes in information (5) If a payor discovers that any information was incomplete or wrong at the time he or she completed the financial statement, he or she, within ten days of the discovery, shall deliver to the Director’s office the corrected information. Failure to comply (6) The Ontario Court (Provincial Division) or the Unified Family Court, on the motion of the Director, may order a payor to comply with a request under subsection (2) and subsections 11(3) and (4) apply with necessary modifications. Limitation (7) The Director may require a financial statement under this section once in any six-month period but this does not restrict the Director’s right to obtain a financial statement under section 11. 1991, c.5, s.4, part.
Payments pending court decisions
3.11 (1) Despite the commencement of a motion under subsection 3.3(18) or section 3.4, 3.5, 3.6 or 3.9, the Director shall pay any money he or she receives in respect of a support order or a support deduction order to the person entitled to receive support under the order. 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 motion, the Director shall, to the extent the court order requires it, hold any money received after the Director receives a copy of the court’s decision. 1991, c.5, s.4, part.
Duty to advise on address change
3.12 If a payor changes address, he or she shall advise the Director’s office of the new address within ten days of the change. 1991, c.5, s.4, part.
Duty re: unfiled or withdrawn support orders
3.13 Where a support deduction order has been made in respect of a support order that has not been filed in or that has been withdrawn from the Director’s office, the person entitled to receive support shall inform the Director in writing of, (a) the amount of money received on account of the support order other than through the support deduction order; and (b) any changes in the amount to be paid under the support order. 1991, c.5, s.4, part.
Withdrawal of filing
4. (1) A support or custody order filed in the office of the Director may be withdrawn by a written notice signed by the person by whom or on whose behalf it was filed. R.S.O. 1990, c.S.28, s.4(1). Consent required (2) A support order that has been assigned to the Minister of Community and Social Services may not be withdrawn except by the Minister or with the Minister’s consent so long as the order is under assignment or if there are arrears owing to the Ministry of Community and Social Services from a past assignment. 1991, c.5, s.5, part. (3) REPEALED: 1991, c.5, s.5, part.
Notice of filings and withdrawals
4.1 The Director shall give notice of the filing or withdrawal of a support or custody order to all the parties to the order, and to the Minister of Community and Social Services at his or her request. R.S.O. 1990, c.S.28, s.4(4); 1991, c.5, s.6.
Enforcement by Director exclusive
5. No person other than the Director shall enforce a support or custody order that is filed in the Director’s office. R.S.O. 1990, c.S.28, s.5.
Access to information
6. (1) The Director may, for the purposes of enforcing a support or custody order in Ontario or for the purposes of assisting an office or person performing similar functions in another jurisdiction, (a) obtain from any person or public body information that is shown on a record in the person’s or body’s possession or control and indicates the place of employment, address or location of the person against whom the order is being enforced; and (b) provide information obtained under clause (a) to a person performing similar functions in another jurisdiction. R.S.O. 1990, c.S.28, s.6(1); 1991, c.5, s.7(1). Information confidential (2) Information obtained under clause (1)(a) shall not be disclosed except, (a) to the extent necessary for the enforcement of the order; (a.1) as permitted by the Freedom of Information and Protection of Privacy Act; (b) as provided in clause (1)(b); or (c) to a police officer who needs the information for a criminal investigation that is likely to assist the enforcement of the order. R.S.O. 1990, c.S.28, s.6(2); 1991, c.5, s.7(2). Order of court for access to information (3) If, on motion to a court, it appears that, (a) the Director has been refused information after making a demand under clause (1)(a); or (b) a person needs an order under this subsection for the enforcement of a support or custody order that is not filed in the Director’s office, the court may order any person or public body to provide the court or the person whom the court names with any information that is shown on a record in the possession or control of the person or public body and indicates the place of employment, address or location of the person against whom the order is being enforced. Costs (4) If the Director has been refused information after making a demand under clause (1)(a) and obtains an order under subsection (3), the court shall award the costs of the motion to the Director. R.S.O. 1990, c.S.28, s.6(3,4). Information confidential (5) Information obtained under an order under subsection (3) shall be sealed in the court file and shall not be disclosed except, (a) as permitted by the order or a subsequent order; (a.1) as permitted by the Freedom of Information and Protection of Privacy Act; (b) to the extent necessary for the enforcement of the support or custody order; (c) as provided in clause (1)(b); or (d) to a police officer who needs the information for a criminal investigation that is likely to assist the enforcement of the order. R.S.O. 1990, c.S.28, s.6(5); 1991, c.5, s.7(3). Section governs (6) This section applies despite any other Act or regulation and despite any common law rule of confidentiality. R.S.O. 1990, c.S.28, s.6(6).
Federal-provincial agreement
7. (1) The Attorney General 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). R.S.O. 1990, c.S.28, s.7(1). 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 or custody 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. 1991, c.5, s.8.
Definition
8. In sections 9, 11 and 13, “court” means the Ontario Court (Provincial Division) or the Unified Family Court. R.S.O. 1990, c.S.28, s.8.
Recognition of extra-provincial garnishments
9. (1) On 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, the clerk of the court shall issue a notice of garnishment to enforce the support or maintenance obligation. Foreign currencies (2) If the garnishment process refers to an obligation in a foreign currency, section 121 of the Courts of Justice Act applies with necessary modifications. R.S.O. 1990, c.S.28, s.9.
Registration against land
10. (1) A support order may be registered in the proper land registry office against the land of the person against whom an obligation to pay money under the order is enforceable, and on registration the obligation under the order becomes a charge on the property. 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. 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. Director to be served (4) An order under subsection (3) may be made only after notice to the Director. R.S.O. 1990, c.S.28, s.10.
Restraining order
12. A court, including the Ontario Court (Provincial Division), 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. 1991, c.5, s.11, part.
Contempt
12.1 (1) In addition to its powers in respect of contempt, a court, including the Ontario Court (Provincial Division), 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 ninety days. 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. 1991, c.5, s.11, part.
Offences
12.2 A person who knowingly contravenes subsection 3.3(8), (17), (25), (26) or (27), subsection 3.10(4) or (5) or section 3.12 is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 1991, c.5, s.11, part.
Arrest of absconding payor
13. (1) If the court is satisfied that a payor is about to leave Ontario and that there are reasonable grounds for believing that the payor intends to evade his or her responsibilities under the order, the court may issue a warrant for the payor’s arrest for the purpose of bringing him or her before the court. R.S.O. 1990, c.S.28, s.13(1); 1991, c.5, s.1(2). 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. R.S.O. 1990, c.S.28, s.13(2). Powers of court (3) When the payor is brought before the court, it may make any order provided for in subsection 11(6). R.S.O. 1990, c.S.28, s.13(3); 1991, c.5, s.1(2).
Enforcement alternatives
13.1 Enforcement of a support order, custody order or support deduction order by one means does not prevent enforcement by other means at the same time or at different times. 1991, c.5, s.12, part.
Regulations
13.2 The Lieutenant Governor in Council may make regulations, (a) prescribing forms and providing for their use; (b) prescribing practices and procedures related to the enforcement, suspension and termination of support orders and support deduction orders filed in the Director’s office; (c) prescribing types of income for the purposes of clause (f) of the definition of “income source” in subsection 1(1); (d) prescribing classes of persons and information to be supplied to the court and the manner in which information is to be supplied for the purposes of subsection 3.1 (4); (e) prescribing deductions for the purposes of subsection 3.3(12); (f) prescribing information that shall be supplied under subsection 3.3(25); (g) governing the form and posting of security by a payor under section 3.4 and the realization thereon; (h) respecting proof of income for the purposes of section 3.10; (i) prescribing the method of service on the Crown of notices of support deduction orders in place of the method prescribed in subsection 3.3(5); (j) providing that a support deduction order is not effective against the Crown unless a statement of particulars in the prescribed form is served with the notice of the order; (k) providing that a notice of a support deduction order served on the Crown shall be deemed to have been served, not on the day described in subsection 3.3 (6), but on the day that is the number of days specified in the regulation after the actual date of service, but the regulation shall not specify more than thirty days as the number of days. 1991, c.5, s.12, part.
Application of payments
14. Money paid on account of a support order shall be credited, (a) first to the principal amount most recently due and then to any interest owing on that amount; and (b) then to the balance outstanding in the manner set out in clause (a), unless the payor specifies otherwise at the time the payment is made or the court orders otherwise. R.S.O. 1990, c.S.28, s.14; 1991, c.5, s.1(2). ______________ Français