This is an official version. Copyright © 2007: Queen's Printer, Important Information
Newfoundland
and Labrador
Support
Orders Enforcement Regulations, 2007 (Filed
Under the authority of section 77 of the Support Orders Enforcement Act, 2006, the
Lieutenant-Governor in Council makes the following regulations. Dated at Robert Thompson 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 ( (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 (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. ©Earl G. Tucker, Queen's Printer |