16

 


 

Fourth Session, 46th General Assembly

60 Elizabeth II, 2011

BILL 16

AN ACT TO AMEND THE SUPPORT ORDERS
ENFORCEMENT ACT, 2006

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE FELIX COLLINS

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Support Orders Enforcement Act, 2006 to

·         expand the director's ability to withdraw a support order if the creditor wilfully fails or refuses to provide to the Director of Support Enforcement any information necessary to enforce a support order;

·         permit the director to withdraw a support order if both the debtor and creditor no longer reside in the Province; and

·         require the debtor to serve notice to the director if the debtor applies to court for an order suspending proceeding taken by the director.

A BILL

AN ACT TO AMEND THE SUPPORT ORDERS ENFORCEMENT ACT, 2006

Analysis


        1.   S.8 Amdt.
Withdrawal of support order

        2.   S.14 Amdt.
Stay of enforcement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2006 cS-31.1
as amended

        1. (1) Paragraph 8(e) of the Support Orders Enforcement Act, 2006 is repealed and the following substituted:

             (e)  where the creditor wilfully fails to or refuses to provide information to the director that the director requires to enforce the support order;

             (2)  Section 8 of the Act is amended by deleting the word "or" at the end of paragraph (k), by deleting the period at the end of paragraph (l) and substituting a semi-colon and the word "or", and by adding immediately after that paragraph the following:

            (m)  where the director is satisfied that the creditor and the debtor no longer reside in the jurisdiction.

 

        2. Section 14 of the Act is amended by adding immediately after subsection (1) the following:

          (1.1)  The debtor shall serve a notice of an application under subsection (1) on the director.