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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2007


NEWFOUNDLAND AND LABRADOR REGULATION 47/07

NEWFOUNDLAND AND LABRADOR
REGULATION 47/07

Support Orders Enforcement Regulations, 2007
under the
Support Orders Enforcement Act, 2006
(O.C. 2007-144)

(Filed April 10, 2007)

Under the authority of section 77 of the Support Orders Enforcement Act, 2006, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, March 24, 2007.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Registration of support orders

        4.   Disclosure of information

        5.   Receipt presumed

        6.   Notification by facsimile

        7.   Service on corporation

        8.   Witness fee

        9.   Persistent arrears

      10.   Calculation

      11.   Classes of licences

      12.   Lottery prizes

      13.   Repeal


Short title

        1. These regulations may be cited as the Support Orders Enforcement Regulations, 2007.

Definition

        2. In these regulations

             (a)  "Act" means the Support Orders Enforcement Act, 2006; and

             (b)  "corporation" means the Atlantic Lottery Corporation as defined in paragraph 56(1)(a) of the Act.

Registration of support orders

        3. (1) Support orders made before or after the Act came into force may be registered with the director.

             (2)  In order to register a support order, a person shall submit to the director the following:

             (a)  a certified copy of the support order to be registered;

             (b)  registration information in a form prescribed by the minister; and

             (c)  an affidavit of arrears in a form prescribed by the minister.

Disclosure of information

        4. (1) In accordance with section 12 of the Act, the director may disclose information retained by him or her

             (a)  to a peace officer at his or her request, for the purpose of a proceeding under section 282 or 283 of the Criminal Code or section 54 of the Children's Law Act;

             (b)  to a consumer reporting agency, in addition to the information that may be disclosed under section 13 of the Act, a debtor’s date of birth or social insurance number;

             (c)  to the minister or his or her designate for the purpose of the recalculation of child support under the Divorce Act (Canada);

             (d)  to the Minister of Justice or his or her representative at his or her request; or

             (e)  information that is a component of general statistical data prepared by the director.

             (2)  The director may, in accordance with subsection 12(4) of the Act and for the purpose described in subsection 12(5) of the Act, post the following information regarding a debtor on the Internet

             (a)  the name of the debtor;

             (b)  the last known address of the debtor;

             (c)  the last known location of the debtor;

             (d)  the debtor's usual employment or occupation.

Receipt presumed

        5. (1) A person is considered to have received a document sent by regular mail 10 days after the date indicated on the document.

             (2)  Notwithstanding that a person has been notified by regular mail according to subsection (1), the person may make an application to the court to set aside any consequences of not having been notified of the document where the document

             (a)  did not come to his or her notice; or

             (b)  came to his or her notice only at some time later than when it was received or considered to have been received.

Notification by facsimile

        6. (1) Notification of a document may be made by telecopier.

             (2)  A telecopier may only be used for the purpose of the Act and these regulations if the telephone number for the telecopier at which the notification is to take place has a seven-digit number that appears with the word "fax" or with any reference to a telecopier

             (a)  in, or attached to, or

             (b)  on a letter enclosing

any document by or on behalf of the director.

             (3)  Confirmation of receipt by a receiving telecopier shall be indicated on the facsimile confirmation sheet printed from the sending telecopier and shall include the date and time of the transmission.

             (4)  A document that is sent for notification under the Act or these regulations by telecopier transmission shall include a cover page indicating

             (a)  the name, address and telephone number of the sender;

             (b)  the name of the person to be notified;

             (c)  the date and time of the transmission;

             (d)  the total number of pages transmitted, including the cover page and the backsheet;

             (e)  the telecopier number from which the document is transmitted; and

              (f)  the name and telephone number of a person to contact in the event of a transmission problem.

             (5)  Transmission of a document by telecopier is effective

             (a)  if the document is transmitted before four o'clock in the afternoon, then on the day of the transmission; or

             (b)  if the document is transmitted after four o'clock in the afternoon, or at any time on a Saturday, Sunday or holiday, then on the day next following that is not a Saturday, Sunday or holiday.

Service on corporation

        7. Notwithstanding other provisions of these regulations, service of a document on a body corporate may be effected in the manner provided by section 402 of the Corporations Act.

Witness fee

        8. The witness fee required to be tendered on a person subpoenaed under section 70 of the Act shall be in the amount specified for witness fees and allowances in the Small Claims Rules.

Persistent arrears

        9. For the purpose of the Act, "persistent arrears" shall be the lesser of

             (a)  a continuous period of 3 months in arrears of payment; or

             (b)  arrears in the amount of $1,000.

Calculation

      10. For the purpose of paragraph 44(3)(b) of the Act, the cost of complying with an attachment shall be an amount, not to exceed

             (a)  $250 for a defined contribution pension plan; or

             (b)  $500 for a defined benefit pension plan

that reasonably represents the cost to the administrator of complying with the attachment.

Classes of licences

      11. All classes of driver's licences prescribed under Highway Traffic Act are subject to the provisions of the Act.

Lottery prizes

      12. (1) Where a debtor who is in persistent arrears under a support order registered under the Act is entitled to a prize of $1000 or more from a lottery conducted and managed by the corporation, the corporation shall inform the director and the director shall issue a notice of garnishment under the authority of the Act.

             (2)  Upon receiving a notice of garnishment under subsection (1), the corporation shall

             (a)  deduct from the prize the amount of the arrears or the amount of the prize, whichever is less;

             (b)  within 7 days, pay the amount deducted to the director; and

             (c)  pay any balance to the debtor.

             (3)  For the purpose of subsection (1),

             (a)  the director may exchange information with the corporation about debtors from the director’s records, including their names and addresses and the status and particulars of their support obligations; and

             (b)  the corporation shall disclose to the director any identifying information about prize winners from its records, including their names and addresses.

Repeal

      13. The Support Orders Enforcement Regulations, Consolidated Newfoundland and Labrador Regulation 791/96, are repealed.