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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 791/96

CONSOLIDATED NEWFOUNDLAND REGULATION 791/96

Support Orders Enforcement Regulations
under the
Support Orders Enforcement Act
(O.C. 96‑267)

Under the authority of section 61 of the Support Orders Enforcement Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Registration of support orders

        4.   Forms to be used

        5.   Disclosure of information

        6.   Garnishment

        7.   Garnishment order

        8.   Notice of variation of garnishment

        9.   Notice of dispute

      10.   Notice of debtor's application

      11.   Notice of withdrawal of garnishment

      12.   Notice requiring statement of finances

      13.   Statement of finances

      14.   Service of statement of finances

      15.   Notice of statement of arrears

      16.   Statement of arrears

      17.   Summons

      18.   Witness fee

      19.   Service by mail

      20.   Alternate manner of service

      21.   Application in respect of defective service

      22.   Service on a corporation

      23.   Repeal


Short title

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

98/89 s1

Definition

        2. In these regulations "Act" means the Support Orders Enforcement Act.

98/89 s2

Registration of support orders

        3. (1) All support orders made before the Act came into force may be registered with the director.

             (2)  Under subsection 4(3) of the Act, in order to register a support order made before the Act came into force, a person must submit to the director the following:

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

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

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

98/89 ss3&4

Forms to be used

        4. (1) An application for registration to accompany a support order under paragraph 4(6)(c) of the Act shall be in a form prescribed by the minister.

             (2)  A notice to be filed with the court and the director under subsection 4(7) of the Act, and a notice of withdrawal to be filed with the director under subsection 5(1) of the Act, shall be in a form prescribed by the minister.

98/89 ss5&6

Disclosure of information

        5. The director may disclose information retained by him or her in respect of a creditor or debtor

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

             (c)  as a component of general statistical data prepared by the director for any purpose.

98/89 s8

Garnishment

        6. (1) A notice of garnishment issued by the director under subsection 14(3) of the Act shall be in a form required by the minister.

             (2)  The notice of garnishment shall be served on the garnishee by sending a copy of the notice by mail addressed to the garnishee.

98/89 s9

Garnishment order

        7. A garnishment order made under section 17 of the Act shall be in a form prescribed by the minister.

98/89 s10

Notice of variation of garnishment

        8. (1) A notice of variation of garnishment served on the garnishee by the director under paragraph 18(6)(a) of the Act shall be in a form prescribed by the minister.

             (2)  The notice of variation of garnishment shall be served on the garnishee by sending a copy of the notice by mail addressed to the garnishee.

98/89 s11

Notice of dispute

        9. The statement to be filed by the garnishee under subsection 20(1) of the Act shall be in a form prescribed by the minister.

98/89 s12

Notice of debtor's application

     10. Notice of an application by the debtor under subsection 23(2) of the Act shall be served on the director in the manner prescribed in the Rules of the Supreme Court, 1986 for service of an originating application.

98/89 s13

Notice of withdrawal of garnishment

     11. (1) A notice of withdrawal of garnishment served on the garnishee by the director under section 24 of the Act shall be in a form required by the minister.

             (2)  The notice of withdrawal of garnishment shall be served on the garnishee by sending a copy of the notice by mail addressed to the garnishee.

98/89 s14

Notice requiring statement of finances

     12. (1) A notice requiring the debtor to file a statement of finances with the director under subsection 33(1) of the Act shall be served on the debtor by sending a copy of the notice by certified mail or registered mail accompanied by a post office acknowledgement of receipt card.

             (2)  Service of the notice by mail under this section is effective

             (a)  only if the post office receipt bearing a signature that purports to be the signature of the person to be served is received by the director; and

             (b)  on the date on which the director receives the signed receipt.

98/89 s15

Statement of finances

     13. A statement of finances required to be filed by the debtor under subsections 33(2) and 34(2) of the Act shall be in a form required by the minister.

98/89 s17

Service of statement of finances

     14. The debtor shall serve the creditor as required under subsection 34(3) of the Act by sending a copy of the statement of finances by mail to the address for service indicated on the notice served by the creditor.

98/89 s19

Notice of statement of arrears

     15. (1) A statement of arrears to be filed by the creditor under subsection 34(1) of the Act shall be in a form required by the minister.

             (2)  A notice to be served on the debtor with the statement of arrears under subsection 34(1) of the Act may be in a form required by the minister.

             (3)  The notice shall be served on the debtor by sending a copy of the notice by certified mail or registered mail accompanied by a post office acknowledgement of receipt card.

             (4)  Service of the notice by mail under this section is effective

             (a)  only if the post office receipt bearing a signature that purports to be the signature of the person to be served is received by the sender; and

             (b)  on the date on which the sender receives the signed receipt.

98/89 s18

Statement of arrears

     16. A statement of arrears accompanying the notice under subsection 33(1) of the Act shall be in a form required by the minister.

98/89 s16

Summons

     17. A summons to attend a default hearing under subsection 36(1) of the Act shall be in a form required by the minister.

98/89 s20

Witness fee

     18. The witness fee required to be tendered on a person subpoenaed under subsection 56(1) of the Act shall be in the amount specified for witness fees and allowances in the Small Claims Rules.

98/89 s21

Service by mail

     19. (1) Where a document is to be served by mail under these regulations, a copy of the document shall be sent by prepaid first class mail or by registered or certified mail.

             (2)  Service of a document by mail, except under sections 12 and 15, is effective on the seventh day after the document is mailed.

98/89 s22

Alternate manner of service

     20. Notwithstanding the mode of service specified, a document required to be served under these regulations may alternatively be served in the manner prescribed in the Rules of the Supreme Court, 1986 for service of a statement of claim.

98/89 s23

Application in respect of defective service

     21. Even though a person has been served with a document by mail in accordance with these rules, the person may show on an application to court to set aside the consequences of default that 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 served or considered to have been served.

98/89 s24

Service on a corporation

     22. 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.

98/89 s25

Repeal

      23. The Support Orders Enforcement Regulations, Newfoundland Regulation 98/89, are repealed.