BILL 18 An Act to Amend the Family Services Act

BILL 18

An Act to Amend the Family Services Act

 

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

1 Subsection 125(8) of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, formerly known as the Child and Family Services and Family Relations Act, chapter C-2.1 of the Acts of New Brunswick, 1980, is repealed.

 

2 The Act is amended by adding after section 125 the following:

125.01(1) Where an amount ordered to be paid under a Payment Order is not paid the court may, upon the application of

 

(a) the Minister of Human Resources Development,

(b) any person in whose favour the support order was made,

(c) where an amount has been ordered to be paid to a person or agency for the benefit of the dependant, the person to whom the amount was ordered to be paid, or

(d) where an amount has been ordered to be paid into court or a support order has been filed with the court under section 122.2, the court administrator,

require the income source to appear before the court in accordance with the Rules of Court for the purpose of enforcing the Payment Order.

 

125.01(2) Where the Minister of Human Resources Development is party to any application under subsection (1), a certificate signed or purporting to be signed by the Minister of Human Resources Development or a delegate of the Minister of Human Resources Development stating

(a) that assistance or support has been provided by the Minister of Human Resources Development to or for the benefit of a person named therein,

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

(c) the amount of any such assistance or support, or

(d) any of the above,

may be adduced in evidence without proof of the signature or appointment of the person signing and, when so adduced, in the absence of evidence to the contrary, is proof of any of the facts stated therein and, where persons named in the certificate have the same name as the persons who are party to the proceeding or persons in respect of whom the proceeding has been taken, that the persons named in the certificate are persons who are party to the proceeding or persons in respect of whom the proceeding has been taken.

125.01(3) Where an application is made under subsection (1), a computer printout or a copy of a computer printout certified as being a true copy of the computer printout by the appropriate officer of the court,

 

(a) showing, as of the date of the printout, the state of the account, in respect of the payments required to be made by an income source under a Payment Order, and

(b) certified by the appropriate officer of the court as being the record or a copy of the record, as the case may be, in respect of the state of that account as of that date,

is admissible in evidence without proof of the appointment, authority or signature of the appropriate officer of the court signing the certificate and without prior notice to the other party of the intention to submit the computer printout or copy of it in evidence and, when admitted, in the absence of evidence to the contrary, is proof of the state of the account and, where persons named in the certificate have the same name as the persons who are party to the proceeding or persons in respect of whom the proceeding has been taken, that the persons named in the certificate are persons who are party to the proceeding or persons in respect of whom the proceeding has been taken.

125.01(4) Where the court is satisfied that the income source has failed or refused to comply with the Payment Order, the court may

(a) make a Compliance Order in the prescribed form directing the income source to comply with the Payment Order within the time prescribed under the Compliance Order, and

 

(b) upon default of payment,

(i) if the income source is an individual, order imprisonment for a term of not more than ninety days to be served intermittently or as ordered by the court until the default is remedied, or

 

(ii) impose a fine of not more than five hundred dollars.

125.01(5) Where the income source fails or refuses to pay the fine within the time set by the court for payment, the court may enforce it by like proceedings as are applicable under the Provincial Offences Procedure Act in the case of failure or refusal to pay a fine.

 

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

 

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

125(8) Where an income source fails or refuses to comply with the order, the court may enforce it by like proceedings as are applicable under the Provincial Offences Procedure Act in the case of the failure or refusal to pay a fine.

 

Section 2

The new section 125.01 sets out the procedure under which the court may enforce a Payment Order.

 

Section 3

Commencement provision.