BILL 48

 

Support Enforcement Act

 

Chapter Outline

 

PART 1

INTERPRETATION

Definitions......................................................................................................................................... 1

beneficiary — bénéficiaire

court — cour

court administrator — administrateur de la cour

credit reporting agency — agence d'évaluation du crédit

Director — directeur

driver's licence — permis de conduire

driving privilege — droits de conducteur

financial institution — institution financière

garnishee — tiers saisi

income source — source de revenu

Minister — ministre

payer — payeur

payment order — ordre de paiement

provisional order — ordonnance conditionnelle

Registrar of Motor Vehicles — registraire des véhicules à moteur

spouse — conjoint

support order — ordonnance de soutien

Crown bound...................................................................................................................................... 2

PART 2

OFFICE OF SUPPORT ENFORCEMENT

 

Office of Support Enforcement....................................................................................................... 3

Director of Support Enforcement.................................................................................................... 4

Filing support order........................................................................................................................... 5

Filing agreement................................................................................................................................ 6

Effect of filing................................................................................................................................... 7

Obligations of payer.......................................................................................................................... 8

Withdrawal of support order............................................................................................................. 9

Payments to Director...................................................................................................................... 10

Records............................................................................................................................................ 11

Access to information..................................................................................................................... 12

Order to provide information......................................................................................................... 13

Confidentiality of information....................................................................................................... 14

PART 3

PAYMENT ORDERS

Issuance of payment order.............................................................................................................. 15

Effect of payment order.................................................................................................................. 16

Revocation of payment order......................................................................................................... 17

Enforcement of payment order...................................................................................................... 18

Exemption from payment order..................................................................................................... 19

Priority of payment order............................................................................................................... 20

Employee protection....................................................................................................................... 21

Fees prohibited................................................................................................................................ 22

Payment order issued outside New Brunswick............................................................................. 23

PART 4

OTHER ENFORCEMENT MECHANISMS

Joint debts........................................................................................................................................ 24

Joint account.................................................................................................................................... 25

Suspension of driving privileges.................................................................................................... 26

Credit reporting agencies............................................................................................................... 27

Corporation owned by payer........................................................................................................... 28

Corporation controlled by payer or immediate family................................................................ 29

Financial information...................................................................................................................... 30

Administrative hearing.................................................................................................................... 31

Additional authority of court administrator.................................................................................. 32

Default hearing................................................................................................................................ 33

Certificate of court......................................................................................................................... 34

Imprisonment of payer.................................................................................................................... 35

Arrest of payer................................................................................................................................. 36

Security............................................................................................................................................ 37

PART 5

GENERAL PROVISIONS

Interest on arrears............................................................................................................................ 38

Fees................................................................................................................................................... 39

Application of payments................................................................................................................. 40

Presumption of ability to pay......................................................................................................... 41

Debt no defence............................................................................................................................... 42

Action for arrears............................................................................................................................ 43

Service of documents...................................................................................................................... 44

Form of payment............................................................................................................................. 45

Appeal............................................................................................................................................... 46

Immunity.......................................................................................................................................... 47

PART 6

EVIDENTIARY PROVISIONS

Spouses competent and compellable witnesses........................................................................... 48

Documents signed by Director...................................................................................................... 49

Statement of account....................................................................................................................... 50

Certificate signed by Minister of Family and Community Services........................................... 51

PART 7

OFFENCES AND PENALTIES

Offences and penalties.................................................................................................................... 52

PART 8

REGULATIONS

Regulation-making authority.......................................................................................................... 53

PART 9

TRANSITIONAL PROVISIONS

Transitional provisions.................................................................................................................... 54

PART 10

CONSEQUENTIAL AMENDMENTS

Family Income Security Act........................................................................................................... 55

Family Services Act........................................................................................................................ 56

Interjurisdictional Support Orders Act....................................................................................... 57

Judicature Act................................................................................................................................. 58

Motor Vehicle Act........................................................................................................................... 59

An Act to Amend the Family Services Act.................................................................................... 60

PART 11

COMMENCEMENT

Commencement provision.............................................................................................................. 61

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

 

PART 1

INTERPRETATION

Definitions

1                  The following definitions apply in this Act.

 

"beneficiary" means

 

(a)          a person in whose favour a support order has been made, or

 

(b)          if an assignment has been made under subsection 116(5) of the Family Services Act, the Minister of Family and Community Services to the extent of the assignment. (bénéficiaire)

 

"court" means The Court of Queen's Bench of New Brunswick, except where otherwise provided, and includes any judge of that court. (cour)

 

"court administrator" means a person appointed as an administrator under section 68 of the Judicature Act. (administrateur de la cour)

 

"credit reporting agency" means a person whose business includes supplying information to third parties about the financial circumstances or creditworthiness of other persons. (agence d'évaluation du crédit)

 

"Director" means the Director of Support Enforcement designated under subsection 4(1). (directeur)

 

"driver's licence" means a licence as defined in the Motor Vehicle Act. (permis de conduire)

 

"driving privilege" means driving privilege as defined in section 294 of the Motor Vehicle Act. (droits de conducteur)

 

"financial institution" means

 

(a)          a bank to which the Bank Act (Canada) applies,

 

(b)          a loan or trust company licensed under the Loan and Trust Companies Act, or

 

(c)          a credit union incorporated or continued under the Credit Unions Act. (institution financière)

 

"garnishee" means a person to whom a payment order is issued under subsection 15(1). (tiers saisi)

 

"income source" means an individual, a corporation or other entity from whom money is due or will become due to a payer, which money may include

 

(a)          wages or salary,

 

(b)          a commission, bonus, piece-work allowance or other amount if the payment is not recoverable by the income source from the payer should the payer fail to earn the commission or bonus or fails to meet any production target,

 

(c)          a benefit under an accident, disability or sickness plan,

 

(d)          a disability, retirement or other pension,

 

(e)          an annuity, or

 

(f)           income of a type described by regulation. (source de revenu)

 

"Minister" means the Minister of Justice and includes any person designated by the Minister to act on the Minister's behalf. (ministre)

 

"payer" means a person who is required to pay support under a support order. (payeur)

 

"payment order" means a payment order issued under subsection 15(1). (ordre de paiement)

 

"provisional order" means a provisional order or a provisional order of variation as defined in section 1 of the Interjurisdictional Support Orders Act. (ordonnance conditionnelle)

 

"Registrar of Motor Vehicles" means the Registrar as defined in the Motor Vehicle Act. (registraire des véhicules à moteur)

 

"spouse" means persons who are married to each other or persons, not being married to each other, who are living together as husband and wife, but does not include a husband and wife who are separated and living apart from each other and who

 

(a)          have entered into a written agreement under which they have agreed to live apart, or

 

(b)          are subject to an order of the court recognizing the separation. (conjoint)

 

"support order" means a provision for the payment of support in an order or judgement that is enforceable in New Brunswick and includes

 

(a)          an interim order for support made under Part VII of the Family Services Act or under the Divorce Act (Canada),

 

(b)          an order varying an order for support made under Part VII of the Family Services Act or under the Divorce Act (Canada),

 

(c)          an order made under subsection 33(4),

 

(d)          an agreement filed with the Director under section 6,

 

(e)          an order that is a support order under the Interjurisdictional Support Orders Act,

 

but does not include a provisional order. (ordonnance de soutien)

 

Crown bound

2                  This Act binds the Crown except where otherwise provided.

 

PART 2

OFFICE OF SUPPORT ENFORCEMENT

Office of Support Enforcement

3                  There shall be an Office of Support Enforcement.

 

Director of Support Enforcement

4(1)             The Minister shall designate a person as the Director of Support Enforcement.

 

4(2)             The Director is responsible for the administration of this Act.

 

4(3)             The Director may, in accordance with the regulations, delegate to any person any power, authority, right, duty or responsibility conferred or imposed on the Director under this Act or the regulations.

 

4(4)             A person to whom a power, authority, right, duty or responsibility has been delegated under subsection (3) may, in accordance with the regulations, delegate that power, authority, right, duty or responsibility to any person.

 

Filing support order

5(1)             The court administrator shall, in accordance with the regulations and without delay, file with the Director

 

(a)          every support order made by the court, and

 

(b)          every support order registered with the court under the Interjurisdictional Support Orders Act.

 

5(2)             The following persons may at any time file a support order with the Director:

 

(a)          a beneficiary;

 

(b)          a payer; or

 

(c)          the Minister of Family and Community Services, if assistance or support is being provided by that Minister to or for the benefit of a person named in the support order.

 

5(3)             A support order made or registered before the commencement of this section that was not filed with the court immediately before the commencement of this section may be filed with the Director in accordance with this section.

 

Filing agreement

6(1)             Subject to subsection (2), an agreement made before or after the commencement of this section that includes a provision respecting the payment of support may be filed with the Director by

 

(a)          a party to the agreement, or

 

(b)          the Minister of Family and Community Services, if assistance or support is being provided by that Minister to or for the benefit of a person receiving support pursuant to the agreement.

 

6(2)             An agreement may only be filed under subsection (1) if the agreement is filed with the court under subsection 134(1) of the Family Services Act.

 

Effect of filing

7(1)             It is the duty of the Director to enforce a support order that is filed with the Director in the manner that the Director considers appropriate.

 

7(2)             The Director may, for the purpose of subsection (1),

 

(a)          take any measures for the enforcement of a support order that the Director considers advisable,

 

(b)          commence, conduct, continue or discontinue proceedings to enforce a support order in the name of the Director for the benefit of a beneficiary or a beneficiary's child,

 

(c)          sign all documents with respect to the enforcement of a support order, and

 

(d)          enforce the payment of arrears owing under a support order, notwithstanding that the arrears accrued before the order was filed with the Director or before the commencement of this section.

 

7(3)             No person other than the Director may enforce a support order that is filed with the Director unless the person first receives the written consent of the Director to do so.

 

7(4)             The Director shall serve notice on the following persons that a support order has been filed:

 

(a)          the beneficiary;

 

(b)          the payer; and

 

(c)          the Minister of Family and Community Services, if the Director has knowledge that assistance or support is being provided by that Minister to or for the benefit of a person named in the support order.

 

7(5)             An application to vary a support order filed with the Director shall be served on the Director.

 

7(6)             A support order filed with the Director shall be deemed to include the following provisions:

 

(a)          the Director shall enforce the support order; and

 

(b)          the amounts owing under the support order shall be paid to the person to whom they are owed through the Director unless the support order is withdrawn from the Director.

 

Obligations of payer

8(1)             Within 14 days after a support order has been filed with the Director, the payer shall provide the Director with the information required by regulation and shall

 

(a)          arrange with an income source, in accordance with the regulations, to have the income source pay the amount payable under the support order to the Director,

 

(b)          request the Director to issue a payment order to an income source,

 

(c)          file security with the Director in the manner and amount prescribed by regulation to secure payment of the support order, or

 

(d)          elect a method of payment prescribed by regulation.

 

8(2)             If a payer does not comply with subsection (1), the Director shall take such measures as the Director considers necessary to ensure that the support order is complied with.

 

8(3)             A payer who has provided information to the Director under subsection (1) shall notify the Director of any change in that information within 14 days after the change occurs.

 

8(4)             A payer shall

 

(a)          notify the Director in writing that the payer has commenced employment with an income source, and

 

(b)          within 14 days of commencing employment with an income source, comply with paragraph (1)(a) or (b) if the payer's previous income source was subject to a payment order.

 

Withdrawal of support order

9(1)             The Director may withdraw a support order filed with the Director in the following circumstances:

 

(a)          it appears to the Director that the beneficiary is taking steps to enforce the support order without the consent of the Director and 30 days have elapsed from the date the Director served the beneficiary and payer with notice that the Director intends to withdraw the support order;

 

(b)          it appears to the Director that the amount payable under the support order is not readily verifiable;

 

(c)          the amount payable under the support order is nominal;

 

(d)          there is doubt or ambiguity on the part of the Director concerning the force, effect or meaning of the support order;

 

(e)          the beneficiary accepts payments directly from the payer in relation to the support order;

 

(f)           the beneficiary fails or refuses to provide information to the Director that the Director requires in order to enforce the support order; or

 

(g)          the beneficiary cannot be located after reasonable efforts have been made to do so.

 

9(2)             The Director shall, within the time period prescribed by regulation, withdraw a support order filed with the Director in the following circumstances:

 

(a)          the beneficiary has applied to withdraw the support order, except in circumstances where the payer filed the support order; and

 

(b)          the payer has applied to withdraw the support order, if the payer filed the support order and the beneficiary has consented in writing to the withdrawal.

 

9(3)             Notwithstanding subsection (2), if the Minister of Family and Community Services is providing assistance or support to or for the benefit of a person named in a support order, that Minister is the only person who may apply to the Director to withdraw the support order.

 

9(4)             Subject to subsection (5), a support order that has been withdrawn may be refiled with the Director at any time by any person entitled to file the order under subsection 5(2).

 

9(5)             A support order that has been withdrawn under paragraph (1)(b) may only be refiled with the consent of the Director.

 

9(6)             If a support order has been withdrawn under paragraph (1)(b), the beneficiary or the payer may apply to the court for clarification of the amount payable under the support order.

 

9(7)             The Director shall serve notice on the following persons that a support order has been withdrawn:

 

(a)          the beneficiary;

 

(b)          the payer; and

 

(c)          the Minister of Family and Community Services, if the Director has knowledge that assistance or support is being provided by that Minister to or for the benefit of a person named in the support order.

 

9(8)             Notwithstanding that a support order has been withdrawn under this section, if an assignment has been made under subsection 116(5) of the Family Services Act, the Director may enforce the payment of any amount that is owed to the Minister of Family and Community Services under the support order.

 

Payments to Director

10(1)          Notwithstanding the requirements of a support order, if a support order is filed with the Director, the payer shall make all payments under the support order to the Director.

 

10(2)          The Director shall pay to a beneficiary all payments the Director receives under a support order filed with the Director to the extent of the beneficiary's entitlement under the support order.

 

10(3)          Notwithstanding subsection (2), if there is more than one support order filed with the Director with respect to the same payer, the Director may, in his or her discretion, apportion any payments received from the payer pursuant to such a support order amongst the beneficiaries under all or some of the support orders.

 

10(4)          Notwithstanding any other Act, payments received by the Director under a support order are not attachable.

 

Records

11(1)          The Director shall keep a record, in the manner prescribed by regulation, of

 

(a)          all payments due under a support order filed with the Director,

 

(b)          all payments received and paid out by the Director, and

 

(c)          the persons to whom and by whom the payments referred to in paragraph (b) have been paid.

 

11(2)          The Director may, on the request of the beneficiary or the payer, provide an itemized statement showing the current status of the account under a support order filed with the Director.

 

Access to information

12(1)          For the purpose of enforcing a support order filed with the Director or of obtaining information for a person performing a similar function in another jurisdiction, the Director may request from a person or public body, including the Crown, any of the following information concerning the payer or the payer's spouse that is, or is believed to be, within the knowledge of, or in a record in the possession or control of, the person or public body:

 

(a)          wages, salary or other income;

 

(b)          income sources;

 

(c)          location of income sources;

 

(d)          assets and liabilities;

 

(e)          location of assets, including account numbers with financial institutions;

 

(f)           financial status;

 

(g)          copies of income tax returns;

 

(h)          social insurance number;

 

(i)           location, address or place of employment;

 

(j)           location, address or place of residence;

 

(k)          telephone and facsimile number; and

 

(l)           any other information that the Director considers necessary for the enforcement of the support order.

 

12(2)          Notwithstanding any other Act or common law rule of privilege or confidentiality, a person or public body, including the Crown, that receives a request under subsection (1) shall, within 14 days after being served with the request,

 

(a)          provide the requested information to the Director, or

 

(b)          advise the Director in writing that the requested information is not within the knowledge of, or in a record in the possession or control of, the person or public body.

 

12(3)          For the purpose of enforcing a support order filed with the Director or of obtaining information for a person performing a similar function in another jurisdiction, the Director may search a provincial information bank prescribed by regulation for any information referred to in subsection (1).

 

Order to provide information

13(1)          A court may make an order under subsection (2) if, on application, the court is satisfied that

 

(a)          the Director has not been provided with information after making a request under subsection 12(1), or

 

(b)          a beneficiary requires information to enforce a support order that is not filed with the Director.

 

13(2)          A court may order a person or public body, including the Crown, to provide the court or other person named in the order with any information referred to in subsection 12(1) that is within the knowledge of, or is in a record in the possession or control of, the person or public body.

 

13(3)          If the Director obtains an order under subsection (2), the court shall award the costs of the application to the Director.

 

Confidentiality of information

14(1)          No person shall disclose information received by the Director under this Act except in accordance with this Act or the regulations.

 

14(2)          Information received by the Director under this Act may be disclosed

 

(a)          to the extent necessary to enforce a support order filed with the Director,

 

(b)          upon request, to a person performing a function similar to the Director in another jurisdiction, or

 

(c)          pursuant to a court order.

 

14(3)          If a court makes an order under subsection 13(2) or a similar provision in another Act or an Act of the Parliament of Canada, the court may also make an order with respect to the confidentiality of the information released.

 

PART 3

PAYMENT ORDERS

Issuance of payment order

15(1)          For the purpose of enforcing a support order, the Director may issue a payment order to a person who is or may become liable to pay a sum of money to a payer.

 

15(2)          A financial institution that holds a deposit account in the name of a payer may be issued a payment order under subsection (1).

 

15(3)          A payment order may not be issued with respect to assistance received under the Family Income Security Act.

 

15(4)          A payment order shall be in the form prescribed by regulation and shall direct the garnishee to

 

(a)          deduct from the money due and owing to the payer, or that shall become due and owing, the amount specified in the payment order in accordance with the schedule set out in the payment order, and

 

(b)          forward to the Director the amount deducted in accordance with the payment order.

 

15(5)          A payment order shall be served on the garnishee.

 

15(6)          Before issuing a payment order, the Director may give notice to the person to whom a payment order is to be issued.

 

15(7)          The Director shall provide a copy of the payment order to the payer, but the inability of the Director to provide a copy of the payment order to the payer does not effect the validity of the payment order.

 

15(8)          A court may, at the time a support order is made, order the Director to issue a payment order under subsection (1).

 

Effect of payment order

16(1)          A payment order remains in effect until

 

(a)          the date specified in the payment order for the termination of the payment order,

 

(b)          a notice of revocation is served on the garnishee under paragraph 17(2)(a) or subsection 17(6), or

 

(c)          the court orders the revocation of the payment order under paragraph 17(5)(a).

 

16(2)          Any amount received pursuant to a payment order shall be applied against the amount payable under the support order to which the payment order relates.

 

16(3)          An amount paid by a garnishee under a payment order discharges, to the extent of the payment, the debt owing from the garnishee to the payer.

 

Revocation of payment order

17(1)          A payer or a garnishee may apply to the Director in accordance with the regulations for the revocation of a payment order on the grounds that

 

(a)          the garnishee is not or will not become liable to pay a sum of money to the payer, or

 

(b)          the payment order contains or is based upon a material error.

 

17(2)          Upon application under subsection (1), the Director may

 

(a)          revoke the payment order by serving a notice of revocation on the garnishee if the Director determines that

 

(i)      the garnishee is not or will not become liable to pay a sum of money to the payer, or

 

(ii)     the payment order contains or is based upon a material error, or

 

(b)          refuse to revoke the payment order.

 

17(3)          If the Director refuses to revoke a payment order under paragraph (2)(b), the payer or the garnishee may apply to the court in accordance with the regulations to have the payment order revoked upon the same grounds as an application to the Director under subsection (1).

 

17(4)          An applicant under subsection (3) shall serve notice of the application on the Director.

 

17(5)          Upon application under subsection (3), the court may

 

(a)          order the revocation of the payment order if the court determines that

 

(i)      the garnishee is not or will not become liable to pay a sum of money to the payer, or

 

(ii)     the payment order contains or is based upon a material error, or

 

(b)          if the court determines that the garnishee is liable under the payment order,

 

(i)      order the garnishee to pay any unpaid amounts under the payment order, and

 

(ii)     order the applicant to pay the Director's costs of the application.

 

17(6)          If the obligation of a garnishee to a payer ceases, the garnishee shall, within 10 days after the obligation ceases, notify the Director in writing, and the Director shall revoke the payment order by serving a notice of revocation on the garnishee.

 

17(7)          The Director shall provide a copy of a notice of revocation under this section to the payer.

 

Enforcement of payment order

18(1)          If a garnishee fails or refuses to comply with a payment order, the Director may apply to the court in accordance with the regulations for an order requiring the garnishee to pay the amount that is unpaid under the payment order.

 

18(2)          An application under subsection (1) shall include

 

(a)          a copy of the payment order,

 

(b)          proof of service of the payment order, and

 

(c)          an affidavit stating that the garnishee has not made payments required under the payment order.

 

18(3)          If the court makes an order under subsection (1),

 

(a)          the court shall also order the garnishee to pay the Director's costs of the application and costs of enforcing the order, and

 

(b)          the order may be enforced in the same manner as any other order of the court.

 

Exemption from payment order

19(1)          A payer may apply to the court in accordance with the regulations for an order exempting an amount of money from deduction under a payment order.

 

19(2)          Upon application under subsection (1), the court may order that an amount of money is exempt from deduction under a payment order if the court is satisfied that it would be grossly unfair and inequitable to the payer not to make the order.

 

Priority of payment order

20(1)          Notwithstanding any other Act, upon service, a payment order has priority over any assignment of wages made by the payer, whenever made, and an assignment of wages is void in so far as it would prevent compliance with the payment order.

 

20(2)          Notwithstanding any other Act, upon service, a payment order has priority over a garnishment order, attaching order or execution, whenever made, with respect to any debt owed by the garnishee.

 

20(3)          The Creditors Relief Act does not apply with respect to money paid or to be paid pursuant to a payment order.

 

20(4)          Subsection (2) does not bind the Crown.

 

Employee protection

21(1)          An employer shall not dismiss, suspend, lay-off, penalize, discipline or discriminate against an employee if the reason is related to the issuing of a payment order to the employer.

 

21(2)          Upon the application of an employee who alleges to have been the subject of a violation of subsection (1), a court may, if it finds the allegation to be true, make any order in favour of the employee that it considers just, including an order for reinstatement and an award of damages.

 

21(3)          An employer who dismisses, suspends, lays-off, penalizes, disciplines or discriminates against an employee in respect of whom a payment order has been issued while the payment order is in effect or within 6 months after it has ceased to have effect shall, if an application is made under subsection (2), be required to show cause for the action, in default of which the action shall be deemed to have been in violation of subsection (1).

 

Fees prohibited

22(1)          A garnishee shall not charge a fee to a payer with respect to anything required to be done by the garnishee under this Act.

 

22(2)          Subsection (1) does not apply to Her Majesty in right of Canada.

 

Payment order issued outside New Brunswick

 

23(1)          The Director may issue a payment order under subsection 15(1) if the following are filed with the Director:

 

(a)          a support order made by a competent authority outside the Province; and

 

(b)          a document that

 

(i)      is of similar effect to a payment order,

 

(ii)     is issued by a competent authority outside of the Province,

 

(iii)   is issued with respect to the accompanying support order, and

 

(iv)    is written in or accompanied by a sworn or certified translation in English or French.

 

23(2)          The Director may issue a payment order under subsection 15(1) to a person who is outside the Province.

 

PART 4

OTHER ENFORCEMENT MECHANISMS

Joint debts

24(1)          The Director may issue a payment order under subsection 15(1) to a person who is or may become liable to pay a sum of money to a payer and one or more other persons as joint or joint and several creditors.

 

24(2)          A sum of money referred to in subsection (1) is deemed to be owed in equal portions to each of the joint or joint and several creditors.

 

24(3)          Within 10 days after being served with a payment order in relation to a sum of money referred to in subsection (1), a garnishee shall

 

(a)          pay to the Director that portion of the money deemed to be owed to the payer that is necessary for the garnishee to comply with the payment order,

 

(b)          serve notice on the Director that the money is owed jointly or jointly and severally to 2 or more persons, and

 

(c)          serve notice on the co-creditors who are not named in the payment order that the money has been paid to the Director.

 

24(4)          Within 30 days after a garnishee has served the Director under paragraph (3)(b), the Director, the payer or a co-creditor of the sum of money may apply to the court in accordance with the regulations for a determination that the payer is owed either a greater or lesser portion of the money than was paid to the Director.

 

24(5)          If a garnishee has served the Director under paragraph (3)(b), the Director shall not release the money received under paragraph (3)(a) until 30 days after being served with the notice.

 

24(6)          Notwithstanding subsection (5), if an application has been made under subsection (4), the Director shall not release the money received under paragraph (3)(a) until the court has disposed of the application.

 

24(7)          If an application has been made under subsection (4), the Director shall release the money received under paragraph (3)(a) in accordance with the order of the court.

 

Joint account

25(1)          The Director may issue a payment order under subsection 15(1) to a financial institution that holds a deposit account in the name of a payer and one or more other persons as joint account holders.

 

25(2)          The assets of a deposit account referred to in subsection (1) are deemed to be owed by the financial institution in equal portions to each of the joint account holders.

 

25(3)          Within 10 days after being served with a payment order in relation to a deposit account referred to in subsection (1), a financial institution shall

 

(a)          pay to the Director that portion of the deposit account deemed to be owed to the payer that is necessary for the financial institution to comply with the payment order,

 

(b)          serve notice on the Director that the deposit account is held jointly in the name of 2 or more persons, and

 

(c)          serve notice on the joint holders of the deposit account who are not named in the payment order that the amount has been paid to the Director.

 

25(4)          Within 30 days after a financial institution has served the Director under paragraph (3)(b), the Director, the payer or a joint holder of the deposit account may apply to the court in accordance with the regulations for a determination that the payer is owed either a greater or lesser portion of the deposit account than was paid to the Director.

 

25(5)          If a financial institution has served the Director under paragraph (3)(b), the Director shall not release the money received under paragraph (3)(a) until 30 days after being served with the notice.

 

25(6)          Notwithstanding subsection (5), if an application has been made under subsection (4), the Director shall not release the money received under paragraph (3)(a) until the court has disposed of the application.

 

25(7)          If an application has been made under subsection (4), the Director shall release the money received under paragraph (3)(a) in accordance with the order of the court.

 

Suspension of driving privileges

26(1)          The Director may direct the Registrar of Motor Vehicles to revoke the driver's licence and suspend the driving privileges of a payer if

 

(a)          the payer is in default under a support order filed with the Director,

 

(b)          the default is for an amount in excess of the amount prescribed by regulation,

 

(c)          in the opinion of the Director, all reasonable steps have been taken to enforce the support order, and

 

(d)          the 30-day period referred to in subsection (2) has elapsed.

 

26(2)          Before giving directions to the Registrar of Motor Vehicles under subsection (1), the Director shall serve the payer with notice that unless the payer makes arrangements satisfactory to the Director to comply with the support order within 30 days after service of the notice, the Director shall direct the Registrar of Motor Vehicles to revoke the driver's licence and suspend the driving privileges of the payer.

 

26(3)          If the Director is satisfied that a payer requires a driver's licence for employment or medical purposes, the Director may direct the Registrar of Motor Vehicles to impose any of the following restrictions on the driver's licence of the payer, rather than revoking the driver's licence and suspending the driving privileges of the payer:

 

(a)          the payer shall be authorized to operate a motor vehicle only for employment or medical purposes, as the case may be; and

 

(b)          the payer shall be restricted to operating a motor vehicle at specific hours and places.

 

26(4)          The Director shall direct the Registrar of Motor Vehicles to reinstate a driver's licence revoked and driving privileges suspended pursuant to this section if

 

(a)          the payer pays all arrears owing under the support order,

 

(b)          the payer makes arrangements satisfactory to the Director for complying with the support order, or

 

(c)          the support order is withdrawn under section 9.

 

26(5)          Subsection (4) applies with the necessary modifications to revoking restrictions imposed on a driver's licence pursuant to this section.

 

26(6)          A payer may apply to the court in accordance with the regulations for an order

 

(a)          reinstating the driver's licence and driving privileges of the payer, or

 

(b)          revoking the restrictions imposed on the driver's licence of the payer.

 

26(7)          The court may make an order under subsection (6) if the court is satisfied that

 

(a)          the payer is not in default under the support order in an amount in excess of the amount prescribed by regulation,

 

(b)          a person's health is or would be seriously threatened if the driver's licence and driving privileges of the payer were not reinstated, or

 

(c)          the payer requires a driver's licence for employment purposes.

 

26(8)          If the court makes an order under paragraph (6)(a), the court may also order the Registrar of Motor Vehicles to impose any restrictions on the driver's licence of the payer that may be imposed under subsection (3).

 

26(9)          An agreement by the parties to a support order to avoid or prevent the applicability of this section to the enforcement of the support order is void and of no force or effect.

 

26(10)        This section applies to a default under a support order that occurred before or after the commencement of this section.

 

Credit reporting agencies

27(1)          If a payer is in default under a support order filed with the Director in excess of the amount prescribed by regulation, the Director may serve notice on the payer that if the payer does not make arrangements satisfactory to the Director to comply with the support order within 30 days after service of the notice, the Director may report the payer to a credit reporting agency in accordance with subsection (2).

 

27(2)          If the 30-day period referred to in subsection (1) has elapsed, the Director may disclose the following information to a credit reporting agency:

 

(a)          the name of the payer who is in default under the support order;

 

(b)          the date of the support order;

 

(c)          the amount and frequency of the payer's obligations under the support order;

 

(d)          the amount of arrears owing under the support order at the time of the disclosure; and

 

(e)          any other information prescribed by regulation.

 

27(3)          The Director may require a credit reporting agency to include in a report information respecting a payer's obligations under a support order.

 

27(4)          Notwithstanding that a payer is in default under a support order filed with the Director in excess of the amount prescribed by regulation, the Director shall not report the payer to a credit reporting agency in accordance with subsection (2) within 90 days after the support order is filed with the Director.

 

Corporation owned by payer

28(1)          In this section, "corporation" means a corporation in which a payer is the sole shareholder and has the sole beneficial interest in the shares of the corporation.

 

28(2)          A corporation shall be jointly and severally liable with a payer for payments required under a support order if

 

(a)          the payer is in default under a support order,

 

(b)          the Director serves the corporation with a notice stating

 

(i)      that the corporation is jointly and severally liable with the payer for payments required under the support order, and

 

(ii)     the amount owing by the payer under the support order, and

 

(c)          the default is for an amount in excess of the amount prescribed by regulation.

 

28(3)          If a corporation is jointly and severally liable under subsection (2),

 

(a)          the corporation continues to be liable as long as the payer is liable for payments required under the support order,

 

(b)          an enforcement measure that may be taken under this Act against the payer may be taken against the corporation, and

 

(c)          the amount of any payment made by the corporation under the support order is a debt owed by the payer to the corporation.

 

28(4)          Notwithstanding subsection (3), a corporation is not liable for payments under a support order that come due on or after the date that the Director is served with written notice from the corporation stating

 

(a)          that the payer no longer has a beneficial interest in any shares of the corporation and the date this took effect,

 

(b)          the name and address of the person who acquired the beneficial interest in the payer's shares, and

 

(c)          if known to the corporation, the nature and the amount of consideration the payer received or will receive for transferring his or her beneficial interest in the shares.

 

28(5)          For the purpose of an enforcement proceeding under this section against a corporation, the Director shall

 

(a)          consider if a significant risk to the continued solvency of the corporation arises or will arise from the enforcement proceeding, and

 

(b)          if the Director determines that a significant risk has arisen or will arise, proceed in a manner that will, in the Director's opinion, reduce the risk and allow for enforcement under this Act to be effective.

 

Corporation controlled by payer or immediate family

29(1)          The following definitions apply in this section.

 

"control" means, with respect to a corporation, to hold, other than by way of security only, by or for the benefit of a person or a group of persons not dealing with each other at arm's length, shares in a corporation that in an election of the directors of the corporation carry, in total, sufficient voting rights to elect 50% or more of the directors or to otherwise effectively control the operations and direction of the corporation. (contrôler)

 

"corporation" means a corporation that is controlled by a payer or by a payer and his or her immediate family members. (société)

 

"immediate family member" means a spouse, former spouse, child, parent, step-parent, parent-in-law, sibling, half-sibling or stepsibling of a payer. (membre de la famille immédiate)

 

29(2)          The Director, if a support order is filed with the Director, or a beneficiary, if a support order is not filed with the Director, may apply to the court for an order that a corporation is jointly and severally liable with a payer for payments required under a support order if

 

(a)          the payer is in default under the support order,

 

(b)          the applicant has served the corporation with notice of the claim for joint and several liability and the amount owing by the payer under the support order, and

 

(c)          the default is for an amount in excess of the amount prescribed by regulation.

 

29(3)          If a court orders that a corporation is jointly and severally liable under subsection (2),

 

(a)          the corporation continues to be liable as long as the payer is liable for payments required under the support order,

 

(b)          an enforcement measure that may be taken under this Act against the payer may be taken against the corporation, and

 

(c)          the amount of any payment made by the corporation under the support order is a debt owed by the payer to the corporation.

 

29(4)          Notwithstanding subsection (3), a corporation is not liable for payments under a support order that come due on or after the date that the Director or the beneficiary, as the case may be, is served with written notice from the corporation stating

 

(a)          that the payer no longer has a beneficial interest in any shares of the corporation and the date this took effect,

 

(b)          the name and address of the person who acquired the beneficial interest in the payer's shares, and

 

(c)          if known to the corporation, the nature and the amount of consideration the payer received or will receive for transferring his or her beneficial interest in the shares.

 

29(5)          For the purpose of making an order under this section, the court shall

 

(a)          consider if a significant risk to the continued solvency of the corporation will arise from enforcement proceedings taken pursuant to the order, and

 

(b)          if the court determines that a significant risk will arise, make an order that will, in the court's opinion, reduce the risk and allow for enforcement under this Act to be effective.

 

Financial information

30(1)          The Director may require a payer who is in default under a support order filed with the Director to file with the Director

 

(a)          a financial statement as prescribed by regulation, and

 

(b)          such other information or documents as prescribed by regulation.

 

30(2)          A payer shall file the required documents under subsection (1) with the Director within 15 days after being served with notice of the requirement.

 

30(3)          Upon application in accordance with the regulations, the court may order a payer who is in default under a support order to file with the court within 15 days after the order is made

 

(a)          a financial statement as prescribed by regulation, and

 

(b)          such other information or documents as prescribed by regulation.

 

30(4)          If a support order is filed with the Director, the Director may apply to the court under subsection (3).

 

30(5)          If a support order is not filed with the Director, the following persons may apply to the court under subsection (3):

 

(a)          a beneficiary;

 

(b)          if an amount under a support order has been ordered to be paid to a person or agency for the benefit of a person named in the support order, the person or agency to whom the amount was ordered to be paid; or

 

(c)          the Minister of Family and Community Services, if assistance or support is being provided by that Minister to or for the benefit of a person named in the support order.

 

Administrative hearing

31(1)          If a payer is in default under a support order filed with the Director, the Director may apply to a court administrator for an order requiring the payer

 

(a)          to file with the court administrator

 

(i)      a financial statement as prescribed by regulation, and

 

(ii)     such other information or documents as prescribed by regulation, and

 

(b)          to appear before the court administrator, in accordance with the Rules of Court, to be examined under oath for the purpose of enforcing the support order in relation to

 

(i)      the payer's employment income, assets, financial obligations and means or ability to comply with the support order, and

 

(ii)     the payer's disposal of property after the proceedings were commenced in which the support order was made.

 

31(2)          If a court administrator makes an order under paragraph (1)(a), the payer shall file the financial statement, information or other documents within 15 days after being served notice of the order.

 

31(3)          A court administrator may, in accordance with the Rules of Court, require any person to appear before the court administrator if the court administrator is satisfied that the person is able to give evidence material to the enforcement of a support order that is the subject of an application under subsection (1).

 

31(4)          After examining a payer pursuant to an order under paragraph (1)(b), a court administrator may

 

(a)          issue a certificate under section 34,

 

(b)          require the payer to pay all or part of the arrears under the support order,

 

(c)          refer the matter to the appropriate officials for consideration of instituting proceedings with respect to an offence under this Act,

 

(d)          require the payer to report periodically to the Director with respect to the information set out in the order,

 

(e)          require a payer to appear before the court for the purposes of a default hearing under section 33,

 

(f)           adjourn the hearing, with or without conditions, or

 

(g)          do any or all of the above.

 

31(5)          If a court administrator requires the attendance of a person before the court under paragraph (4)(e), the court administrator shall prepare and file a report with the court setting out particulars of the non-payment of the support order.

 

Additional authority of court administrator

32                Notwithstanding any other provision of this Act, where an amount ordered to be paid under a support order is not paid in relation to a support order filed with the Director, the court administrator may, without prior notice to the payer and without a hearing, issue a certificate under section 34.

 

Default hearing

33(1)          If a payer is in default under a support order, the Director, if the support order is filed with the Director, or the beneficiary, if the support order is not filed with the Director, may apply to a court administrator for an order requiring the payer to attend a default hearing before the court to explain why the payer is not complying with the support order.

 

33(2)          An order under subsection (1) shall be served on the payer.

 

33(3)          At a default hearing, if a payer fails to satisfy the court that the default is owing to the payer's inability to pay, the court may

 

(a)          issue a certificate under section 34,

 

(b)          if the support order is filed with the Director, require the Director to issue a payment order under section 15,

 

(c)          require the payer to pay all or part of the arrears under the support order,

 

(d)          require the payer to report periodically to the court with respect to the information set out in the order,

 

(e)          if the support order is filed with the Director, require the payer to report periodically to the Director with respect to the information set out in the order,

 

(f)           make an order to imprison the payer in accordance with section 35, or

 

(g)          make any or all of the above orders.

 

33(4)          At a default hearing, the court may take any action that is authorized under section 118 of the Family Services Act.

 

33(5)          If the court is satisfied that a person is able to give evidence material to the enforcement of a support order that is the subject of a default hearing, the court may

 

(a)          in accordance with the Rules of Court, require the person to appear before the court to give evidence, or

 

(b)          require the person to file a financial statement with the court.

 

33(6)          Notwithstanding any other provision of this section, if it is alleged in an application under subsection (1) that an amount ordered to be paid under a support order has not been paid or is not being paid, the court may, without prior notice to the payer and without a hearing,

 

(a)          issue a certificate under section 34, or

 

(b)          if the support order is filed with the Director, require the Director to issue a payment order under section 15.

 

33(7)          If the court considers it appropriate in a default hearing under this section, the court may order the payer to give security for the payment of support or may charge any property of the payer with payment of an amount due or coming due under a support order.

 

33(8)          If a court orders security for the payment of support or charges property for support, the court may, upon application and notice to all persons having an interest in the property, direct that the security or charge be realized by seizure, sale or any other means that the court considers appropriate.

 

33(9)          If a payer fails to file a financial statement in accordance with an order under subsection 30(3) or fails to appear in accordance with an order under subsection (1), the court may issue an order for the apprehension of the payer for the purpose of bringing him or her before the court.

 

33(10)        In a default hearing under this section, the court may admit as evidence testimony or documents related to the means and assets of a person, notwithstanding that the testimony or document would not otherwise be admissible as evidence, and may determine any matter on that evidence.

 

Certificate of court

34(1)          The court may issue a certificate in the prescribed form stating the amount that is due under any order made under this Act or Part VII of the Family Services Act and the name of the payer, and the certificate upon its production to and filing in the court shall be entered and recorded in the court, and when entered and recorded becomes a judgment of the court and has the same force and effect, and all proceedings may be taken under the certificate, as if it were a judgment obtained in the court against the payer.

 

34(2)          The Creditors Relief Act does not apply with respect to money levied upon an execution pursuant to a certificate entered and recorded as a judgment of the court under subsection (1).

 

Imprisonment of payer

35(1)          If the court is satisfied that all other practicable means that are available under this Act for enforcing a support order have been considered, the court may

 

(a)          order imprisonment of the payer until the default is remedied, or

 

(b)          impose a fine on the payer of not more than $500.

 

35(2)          An order for imprisonment under paragraph (1)(a)

 

(a)          may be made conditional upon default in the performance of a condition set out in the order,

 

(b)          may be ordered to be served intermittently, and

 

(c)          shall not be for a period longer than 90 days, notwithstanding that the default has not been remedied.

 

35(3)          Imprisonment of a payer under this section does not discharge arrears owing under a support order.

 

Arrest of payer

36(1)          Upon application, if it appears that a payer is about to leave the Province in order to evade or hinder enforcement of a support order, a court may issue an order for the apprehension of the payer for the purpose of bringing the payer before the court to be examined with respect to the payer's ability to meet his or her obligations under the support order.

 

36(2)          Notwithstanding that a payer brought before the court under subsection (1) is not in default under a support order, the court may take any action in an application under subsection (1) that the court is authorized to take in a default hearing under section 33.

 

36(3)          An application under subsection (1) may be ex parte and may be made by the following persons:

 

(a)          the Director, if a support order is filed with the Director; or

 

(b)          if a support order is not filed with the Director,

 

(i)      a beneficiary, or

 

(ii)     the Minister of Family and Community Services, if assistance or support is being provided by that Minister to or for the benefit of a person named in a support order.

 

Security

37(1)          The Director may at any time require a payer to file security with the Director in the manner and amount prescribed by regulation to secure payment of a support order.

 

37(2)          If a payer is in default under a support order filed with the Director and the payer has filed security with the Director, the Director may realize on the security by seizure, sale or any other means that the Director considers appropriate.

 

37(3)          If the Director has realized on security under subsection (2), the Director may require the payer to file further security under this section.

 

37(4)          A payer shall comply with a request of the Director under subsection (1) or (3) within 14 days after being served with notice of the request.

 

PART 5

GENERAL PROVISIONS

Interest on arrears

38(1)          If a support order is filed with the Director, the payer shall pay to the beneficiary, through the Director, interest on arrears under the support order that shall be calculated at a rate and in a manner prescribed by regulation.

 

38(2)          Interest under subsection (1) shall be paid on arrears that accrued before and after the commencement of this section.

 

38(3)          Notwithstanding that arrears accrued under a support order before the commencement of this section, the calculation of interest owing on the arrears shall begin on a date not earlier than the commencement of this section.

 

38(4)          Notwithstanding subsection (1), interest paid by a payer on arrears that accrue while a beneficiary is receiving assistance or support from the Minister of Family and Community Services shall be paid into the Consolidated Fund.

 

38(5)          The Director may enforce the payment of interest due under this section in the same manner as support due under a support order filed with the Director.

 

38(6)          Notwithstanding any other Act, the Director is not required to provide a payer with a separate report on interest charges due or paid under this section.

 

Fees

39(1)          The Director may charge the prescribed fees for the prescribed services and enforcement actions to the prescribed persons.

 

39(2)          The Director shall not charge a fee to a beneficiary for services provided to or for the benefit of the beneficiary under this Act.

 

39(3)          The Director may include a fee charged for the issuance of a payment order in the amount that is to be paid under the payment order.

 

39(4)          The Director may enforce the payment of a fee due under this section in the same manner as support due under a support order filed with the Director.

 

39(5)          The Director may, in his or her sole discretion, waive a fee that is otherwise due under this section.

 

Application of payments

40(1)          Money paid on account of a support order shall be credited in accordance with the regulations.

 

40(2)          Notwithstanding subsection (1), if a payer makes a payment under a support order to the Director in excess of the amount due for that periodic payment, the Director may, in his or her sole discretion, credit the overpayment in accordance with the regulations or return the overpayment to the payer.

 

Presumption of ability to pay

41                In a proceeding under this Act, unless the contrary is proven, a payer is presumed to have the ability to pay arrears owing under a support order and to make subsequent payments as they become due under the support order.

 

Debt no defence

42                The fact that a payer owes money or has paid money to a person other than the beneficiary is not a defence to a proceeding taken to enforce a support order.

 

Action for arrears

43                Notwithstanding the Limitation of Actions Act, there is no limitation period respecting the enforcement of arrears that accrue under a support order.

 

Service of documents

44(1)          Subject to the other provisions of this Act respecting service, a notice or document required by this Act or the regulations to be served shall be served in the manner prescribed by regulation.

 

44(2)          If a proceeding is brought to enforce a support order, it is not necessary to prove that the payer was served

 

(a)          with the support order, or

 

(b)          in the case of an agreement filed with the Director under section 6, with notice of the filing of the agreement.

 

Form of payment

45                The Director may, in his or her sole discretion, refuse to accept any form of payment under a support order, including a personal cheque or legal tender.

 

Appeal

46(1)          An appeal lies to The Court of Appeal of New Brunswick from any order made under this Act by the court or a court administrator, and on appeal the order may be confirmed, set aside or varied as the Court of Appeal determines.

 

46(2)          Notwithstanding subsection (1), an order made under this Act may be set aside or varied on appeal only if the Court of Appeal is of the opinion that there has been a miscarriage of justice, and no order shall be set aside on merely technical grounds.

 

Immunity

47(1)          No action for damages or other proceeding shall be taken against the Province, the Director, an employee of the Office of Support Enforcement or any other person with respect to anything done or purported to be done in good faith or with respect to anything omitted to be done in good faith under this Act or the regulations.

 

47(2)          No action for damages or other proceeding shall be taken against a person for providing information in good faith to the Director, a court administrator or the court under the authority of this Act or the regulations.

 

PART 6

EVIDENTIARY PROVISIONS

Spouses competent and compellable witnesses

 

48                Notwithstanding the Evidence Act, spouses are competent and compellable witnesses against each other in a proceeding to enforce a support order.

 

Documents signed by Director

49(1)          A statement of arrears signed by the Director is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated without prior notice to the other party and without proof of the signature of the Director.

 

49(2)          A statement signed by the Director stating that a support order is filed with the Director is admissible in evidence as conclusive proof of the facts stated without proof of the signature of the Director.

 

49(3)          A document signed by the Director with respect to the enforcement of a support order is admissible in evidence without proof of the signature or official character of the Director.

 

49(4)          If the signature of the Director is required for the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by any other means.

 

Statement of account

50                A computer printout showing, as of the date of the printout, the status of the account between the parties to a support order and certified by the Director as being a true statement of the account is admissible in evidence as proof, in the absence of evidence to the contrary, of the status of the account without prior notice to the other party and without proof of the signature of the Director.

 

Certificate signed by Minister of Family and Community Services

51                A certificate signed or purporting to be signed by the Minister of Family and Community Services stating the following is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts in the certificate without proof of the signature or appointment of the person signing the certificate:

 

(a)          that assistance or support has been provided by the Minister of Family and Community Services to or for the benefit of a person named in the certificate,

 

(b)          that support has or has not been provided by any other person, or

 

(c)          the amount of the assistance or support.

 

PART 7

OFFENCES AND PENALTIES

Offences and penalties

52(1)          A person who violates or fails to comply with any of the following provisions commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence:

 

(a)          subsection 8(1);

 

(b)          subsection 8(3);

 

(c)          subsection 8(4);

 

(d)          subsection 12(2); and

 

(e)          subsection 37(4).

 

52(2)          A person who violates or fails to comply with any of the following provisions commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence:

 

(a)          subsection 14(1);

 

(b)          subsection 30(2); and

 

(c)          subsection 31(2).

 

52(3)          A person who violates or fails to comply with an order of the court under subsection 13(2), 14(3) or 30(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

 

52(4)          A person who violates or fails to comply with an order of a court administrator under paragraph 31(1)(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

 

52(5)          A person who knowingly provides misleading or false information under this Act to the Director, a court administrator or the court commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

 

52(6)          A person who fails or refuses to pay a fine imposed by the court under paragraph 35(1)(b) within the time set by the court for payment commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

 

PART 8

REGULATIONS

Regulation-making authority

53                The Lieutenant-Governor in Council may make regulations

 

(a)          prescribing types of income sources for the purposes of the definition of "income source" in section 1;

 

(b)          respecting a delegation under subsection 4(3) or (4), including

 

(i)      to whom a delegation may be made,

 

(ii)     the powers, authorities, rights, duties or responsibilities that may be delegated,

 

(iii)   limits or conditions that may be imposed upon a delegation, and

 

(iv)    the manner in which a delegation may be made;

 

(c)          respecting forms and procedures for making and keeping reports, records and other documents with respect to the responsibilities of the Director;

 

(d)          respecting the filing and refiling of support orders or agreements with the Director, including information that is required upon filing or refiling;

 

(e)          prescribing notices for the purposes of this Act and the regulations;

 

(f)           respecting the service, providing or forwarding of notices, information or documents under this Act or the regulations;

 

(g)          respecting information to be provided to the Director under subsection 8(1);

 

(h)          prescribing methods of payment for payments made to the Director;

 

(i)           respecting the manner in which a payer may make arrangements with an income source under paragraph 8(1)(a);

 

(j)           respecting the filing of and realizing on security, including the form and amount of security that may be filed, the manner in which security may be filed and the manner and procedures for realizing on security;

 

(k)          respecting the withdrawal of a support order filed with the Director, including the manner of applying for the withdrawal;

 

(l)           respecting rules of procedure concerning court proceedings or an appeal under this Act, including the form and manner of making an application to the court;

 

(m)         respecting the production of income, financial or other information under this Act;

 

(n)          prescribing provincial information banks for the purposes of subsection 12(3);

 

(o)          respecting procedures concerning the disclosure and protection of confidential information;

 

(p)          respecting the issuance of a payment order;

 

(q)          prescribing forms for the purposes of this Act or the regulations;

 

(r)          respecting the revocation of a payment order, including the manner of applying for the revocation;

 

(s)          respecting the revocation of the driver's licence and suspension of the driving privileges of a payer or the imposition of restrictions on a driver's licence under section 26, including prescribing related notices and fees;

 

(t)           prescribing the amount by which a payer must be in default under a support order before the Director may act under subsection 26(1) or 27(1);

 

(u)          prescribing information that may be disclosed to a credit reporting agency under section 27;

 

(v)          respecting the form and manner in which information may be disclosed to a credit reporting agency under section 27;

 

(w)         prescribing the amount by which a payer must be in default under a support order before a corporation is jointly and severally liable under section 28 or 29;

 

(x)          prescribing a financial statement for the purposes of paragraph 30(1)(a) or 30(3)(a) or subparagraph 31(1)(a)(i);

 

(y)          prescribing information and documents for the purposes of paragraph 30(1)(b) or 30(3)(b) or subparagraph 31(1)(a)(ii);

 

(z)          respecting the report of a court administrator under subsection 31(5);

 

(aa)        respecting the issuance of certificates under this Act;

 

(bb)        prescribing the interest rate and manner of calculating interest on arrears under a support order;

 

(cc)         prescribing fees, the services and enforcement actions for which fees may be charged and the persons to whom fees may be charged;

 

(dd)        respecting the crediting of money paid on account of a support order;

 

(ee)        respecting the conversion of amounts in a support order into Canadian currency if the amounts are expressed in a foreign currency;

 

(ff)          respecting the calculation and payment of arrears;

 

(gg)        respecting the procedure for determining the apportionment of payments if a payer has support obligations to multiple beneficiaries;

 

(hh)        respecting the recovery of costs incurred by the Director or a court administrator under this Act or the regulations;

 

(ii)          defining any word or phrase used but not defined in this Act;

 

(jj)          prescribing anything required or authorized by this Act to be prescribed by regulation;

 

(kk)        generally for the better administration of this Act.

 

PART 9

TRANSITIONAL PROVISIONS

Transitional provisions

54(1)          A support order that is filed with The Court of Queen's Bench of New Brunswick under Part VII of the Family Services Act immediately before the commencement of this section shall be deemed to be filed with the Director of Support Enforcement on the commencement of this section.

 

54(2)          A support order that is deemed to be filed with the Director of Support Enforcement under subsection (1) shall be deemed to have been filed with the Director by the person who filed the support order with The Court of Queen's Bench of New Brunswick.

 

54(3)          An agreement that is filed with The Court of Queen's Bench of New Brunswick under the authority of subsection 134(1.1) of the Family Services Act immediately before the commencement of this section shall be deemed to be filed with the Director of Support Enforcement on the commencement of this section.

 

54(4)          An agreement that is deemed to be filed with the Director of Support Enforcement under subsection (3) shall be deemed to have been filed with the Director by the person who filed the agreement with The Court of Queen's Bench of New Brunswick.

 

54(5)          A Payment Order made under Part VII of the Family Services Act that is in effect immediately before the commencement of this section shall be deemed to be a payment order issued under subsection 15(1) of this Act on the commencement of this section.

 

PART 10

CONSEQUENTIAL AMENDMENTS

Family Income Security Act

55(1)          The heading "APPLICATION AND PAYMENT UNDER FAMILY SERVICES ACT" preceding section 11 of the Family Income Security Act, chapter F-2.01 of the Acts of New Brunswick, 1994, is amended by striking out "APPLICATION AND".

 

55(2)          Subsection 11(1) of the Act is amended by striking out "Part VII of the Family Services Act" and substituting "the Support Enforcement Act".

 

Family Services Act

56(1)          Section 111 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended

 

(a)          by repealing the definition "court administrator";

 

(b)          by repealing the definition "income source".

 

56(2)          Section 116 of the Act is amended

 

(a)          by repealing subsection (6) and substituting the following:

 

116(6)        Unless an order to provide support otherwise provides, the order terminates upon the death of the person having the obligation to provide support, and liability for any unpaid amounts due under the order is a debt of his or her estate.

 

(b)          by adding after subsection (6) the following:

 

116(7)        Notwithstanding subsection (6), on application, a court may relieve the estate of a person having an obligation to provide support from liability for all or part of any unpaid amount under a support order if the court is satisfied that it would be grossly unfair to the estate not to do so.

 

116(8)        Upon the death of a person in whose favour a support order was made, any unpaid amounts due under the support order at the time of the person's death are a debt due to his or her estate.

 

56(3)          Section 119 of the Act is amended by striking out "an appearance to a notice under section 123" and substituting "section 33 of the Support Enforcement Act".

 

56(4)          Section 121.1 of the Act is repealed.

 

56(5)          Section 122 of the Act is amended

 

(a)          in paragraph (1)(b) by striking out "support,";

 

(b)          in subsection (1.01) by striking out "support,";

 

(c)          in subsection (1.1) by striking out "support,".

 

56(6)          Section 122.1 of the Act is amended

 

(a)          in subsection (2) by striking out "support,";

 

(b)          in subsection (4) by striking out "support,";

 

(c)          in subsection (8) by striking out "support,".

 

56(7)          Section 122.2 of the Act is repealed.

 

56(8)          Section 122.3 of the Act is repealed.

 

56(9)          Section 122.4 of the Act is repealed.

 

56(10)        Section 122.5 of the Act is repealed.

 

56(11)        Section 123 of the Act is repealed.

 

56(12)        Section 123.1 of the Act is repealed.

 

56(13)        Section 123.2 of the Act is repealed.

 

56(14)        Section 123.3 of the Act is repealed.

 

56(15)        Section 123.4 of the Act is repealed.

 

56(16)        Section 124 of the Act is amended

 

(a)          by repealing subsection (3);

 

(b)          by repealing subsection (4).

 

56(17)        Section 125 of the Act is repealed.

 

56(18)        Section 126 of the Act is repealed.

 

56(19)        Section 126.1 of the Act is repealed.

 

56(20)        Subsection 134(1.1) of the Act is repealed.

 

56(21)        Section 136 of the Act is repealed.

 

56(22)        Section 143 of the Act is amended

 

(a)          by repealing paragraph (pp);

 

(b)          by repealing paragraph (pp.1);

 

(c)          by repealing paragraph (pp.2);

 

(d)          by repealing paragraph (pp.3);

 

(e)          by repealing paragraph (pp.4);

 

(f)           by repealing paragraph (pp.5);

 

(g)          by repealing paragraph (pp.6);

 

(h)          by repealing paragraph (pp.7);

 

(i)           by repealing paragraph (pp.8);

 

(j)           by repealing paragraph (rr.1);

 

(k)          by repealing paragraph (rr.2);

 

(l)           by repealing paragraph (rr.3);

 

(m)         by repealing paragraph (rr.4);

 

(n)          by repealing paragraph (rr.5);

 

(o)          by repealing paragraph (rr.6).

 

56(23)        Schedule A of the Act is amended by striking out

 

121.1(9)                                                                                       E

122.1(5)                                                                                       E

123(1.1)                                                                                       E

123.2(2)                                                                                       E

125(5.1)                                                                                       E

125(5.2)                                                                                       E

 

and substituting the following:

 

122.1(5)                                                                                       E

 

Interjurisdictional Support Orders Act

 

57(1)          Section 1 of the Interjurisdictional Support Orders Act, chapter I-12.05 of the Acts of New Brunswick, 2002, is amended by repealing the definition "court administrator" and substituting the following:

 

"court administrator" means a person appointed as an administrator under section 68 of the Judicature Act; («administrateur de la cour»)

 

57(2)          Section 18 of the Act is amended

 

(a)          in subsection (4) by striking out "section 122.2 of the Family Services Act" and substituting "paragraph 5(1)(b) of the Support Enforcement Act";

 

(b)          by repealing subsection (5) and substituting the following:

 

18(5)          The provisions of the Support Enforcement Act apply with the necessary modifications to the enforcement of an order filed under subsection (4).

 

Judicature Act

58                Schedule B of the Judicature Act, chapter J-2 of the Revised Statutes of New Brunswick, 1973, is amended by adding after "Reciprocal Enforcement of Judgments Act" the following:

 

Support Enforcement Act

 

Motor Vehicle Act

59(1)          The Motor Vehicle Act, chapter M-17 of the Revised Statutes of New Brunswick, 1973, is amended by adding after section 309.2 the following:

 

309.3(1)     On receiving directions from the Director of Support Enforcement under subsection 26(1) or (3) of the Support Enforcement Act, the Registrar shall, with respect to the person named in the directions and in accordance with the directions,

 

(a)          revoke the person's licence and suspend the person's driving privileges, or

 

(b)          impose the specified restrictions on the person's licence.

 

309.3(2)     On receiving directions from the Director of Support Enforcement under subsection 26(4) of the Support Enforcement Act, the Registrar shall, with respect to the person named in the directions and in accordance with the directions,

 

(a)          reinstate a licence revoked and driving privileges suspended under this section, or

 

(b)          revoke restrictions imposed on a licence under this section.

 

309.3(3)     The Registrar shall reinstate a licence and driving privileges, revoke restrictions imposed on a licence or impose restrictions on a licence in accordance with an order of the court under subsection 26(6) or (8) of the Support Enforcement Act.

 

309.3(4)     Notwithstanding subsections (2) and (3), the Registrar shall not reinstate a licence and driving privileges under subsection (2) or (3) unless the Registrar is satisfied that the person meets all the requirements for the issuance of a licence.

 

309.3(5)     The Registrar may either issue a special restricted licence or may set forth the restrictions imposed under this section upon the usual licence form.

 

309.3(6)     A person who holds a restricted licence under this section and drives a motor vehicle in contravention of any restriction imposed by the Registrar and set forth upon the licence commits an offence.

 

309.03(7)   The Registrar may suspend or revoke the licence of any person convicted of an offence under subsection (6).

 

309.3(8)     Notwithstanding any other provision of this Act, sections 311 to 315 do not apply to any action of the Registrar taken under the authority of this section.

 

59(2)          Section 310.1 of the Act is repealed and the following is substituted:

 

310.1(1)     Prior to the driving privileges of a person being reinstated under this Act where the person's driving privileges were suspended pursuant to subsection 298(4), or section 298.1, 300, 302 or 309.3, that person shall pay a fee for the reinstatement.

 

310.1(2)     A person that is issued a replacement licence in the following circumstances shall pay a fee for the replacement:

 

(a)          a licence is issued with restrictions imposed upon the licence pursuant to subsection 309.3(1) or (3); and

 

(b)          a licence is issued after restrictions are revoked pursuant to subsection 309.3(2) or (3).

 

59(3)          Schedule A of the Act is amended by striking out

 

290(5)                                                                                          C

 

and substituting the following:

 

290(5)                                                                                          C

309.3(6)                                                                                        F

 

An Act to Amend the Family Services Act

60                Section 6 of An Act to Amend the Family Services Act, chapter 60 of the Acts of New Brunswick, 1991, is repealed.

 

PART 11

COMMENCEMENT

Commencement provision

61                This Act or any provision of it comes into force on a day or days to be fixed by proclamation.