Family Responsibility and Support Arrears Enforcement Act, 1996

Bills that amended this Act0

No published amendment links yet for this Act.

Sections238

• [s0]

  Part I Interpretation Interpretation

• 1.
• PART I INTERPRETATION
• 1Definitions

  1 (1) In this Act, “contracting state” means a Contracting State within the meaning of the International Recovery of Child Support and Family Maintenance Convention Act, 2023; (“État contractant”) “Director” means the Director of the Family Responsibility Office; (“directeur”) “income source” means an individual, corporation or other entity that owes or makes any payment, whether periodically or in a lump sum, to or on behalf of a payor of, (a) wages, wage supplements or salary, or draws or advances on them, (b) a commission, bonus, piece-work allowance or similar payment, (c) a payment made under a contract for service, (d) a benefit under an accident, disability or sickness plan, (e) a disability, retirement or other pension, (f) an annuity, (g) vacation pay, termination pay and severance pay, (h) an employee loan, (i) a shareholder loan or dividends on shares, if the corporation that …

• PART II DIRECTOR OF THE FAMILY RESPONSIBILITY OFFICE
• [s2]

  Part II Director of the Family Responsibility Office

• 2.
• 2Director of Family Responsibility Office

  2 There shall be a Director of the Family Responsibility Office who shall be appointed by the Lieutenant Governor in Council. 1996, c. 31, s. 2.

• 3.
• 3Delegation

  3 (1) The Director may, in writing, authorize a person or class of persons employed in the Director’s office to exercise any of the powers or perform any of the duties of the Director. 2009, c. 33, Sched. 8, s. 2 (1). Decisions (2) A decision made by a person exercising the Director’s powers or performing the Director’s duties under subsection (1) shall be deemed to be a decision of the Director. 2009, c. 33, Sched. 8, s. 2 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (1) - 15/12/2009

• 4.
• 4Assignment of Director’s powers, etc.

  4 (1) The Minister responsible for the administration of this Act may, subject to the approval of the Lieutenant Governor in Council, assign to any person, agency or body, or class thereof, any of the powers, duties or functions of the Director under this Act, subject to the limitations, conditions and requirements set out in the assignment. 1996, c. 31, s. 4 (1); 2014, c. 7, Sched. 10, s. 2. Same (2) An assignment may include powers, duties or functions that are not purely administrative in nature, including statutory powers of decision and discretionary powers given to the Director under this Act, and may provide that an assignee may be a party in any action or proceeding instead of the Director. 1996, c. 31, s. 4 (2). Fees, etc. (3) An assignment may, subject to any regulation made under clause 63 (1), set out the fees, costs, disbursements, surcharges and other charges that the assig…

• 5.
• 5Duty of Director

  5 (1) It is the duty of the Director to enforce support orders where the support order and the related support deduction order, if any, are filed in the Director’s office and to pay the amounts collected to the person to whom they are owed. 1996, c. 31, s. 5 (1). Transition (2) Subject to subsection (4), a support order or support deduction order that is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force shall be deemed to be filed in the Director’s office on the day this section comes into force. 1996, c. 31, s. 5 (2). Same (3) If a support deduction order is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force and the related support order was never filed in his or her office before that day, it is the duty of the Director to enforce the support deduct…

• 6.
• 6Powers

  6 (1) The Director shall carry out his or her duties in the manner, if any, that appears practical to the Director and, for the purpose, may commence and conduct a proceeding and take any steps in the Director’s name for the benefit of recipients, including, (a) enforcing support deduction orders that are filed in the Director’s office, as provided by this Act; (b) employing any other enforcement mechanisms expressly provided for in this Act; (c) employing any other enforcement mechanisms not expressly provided for in this Act. 1996, c. 31, s. 6 (1). Methods of paying support (1.0.1) In carrying out his or her duties under subsection (1), the Director may determine methods of payment that may be used by a payor to pay amounts owing under a support order. 2020, c. 34, Sched. 4, s. 1 (1). Policies and procedures (1.1) The Director may establish policies and procedures respecting subsection…

• 7.
• 7Director may refuse to enforce

  7 (1) Despite section 5, the Director may at any time refuse to enforce a support order or support deduction order, or any part of such support order or support deduction order, that is filed in the Director’s office if, in his or her opinion, (a) the amount of the support is nominal; (b) the amount of the support cannot be determined from the face of the order because it is expressed as a percentage of the payor’s income or it is dependent on another variable that does not appear on the order; (c) the meaning of the order is unclear or ambiguous; (d) the recipient has not complied with reasonable requests to provide the Director with accurate or sufficient information as may be needed in order to enforce the order or respecting the amount of arrears owed under the order; (e) the whereabouts of the recipient cannot be determined after reasonable efforts have been made; (f) the payor is i…

• 8.
• 7.1

  7.1 Section Amendments with date in force (d/m/y) 2005, c. 16, s. 2 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2015 Director to cease enforcement

• PART III SUPPORT ORDERS AND SUPPORT DEDUCTION ORDERS —
• 8Termination of support obligation

  8 (1) Subject to section 8.3, the Director shall cease enforcement of a support obligation provided for in a support order or support deduction order filed in the Director’s office if the support obligation has terminated. 2009, c. 33, Sched. 8, s. 2 (4). How termination is determined (2) For the purpose of subsection (1), a support obligation is terminated if, (a) the parties to the support order or support deduction order agree, in the manner prescribed by the regulations, that the support obligation has terminated; (a.1) the Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation has terminated; (b) the support order or support deduction order states that the support obligation terminates on a set calendar date, and that date arrives; (c) a court orders that the obligation has terminated; or (d) in the case of an obligation for t…

• 8. #10
• 9.
• 10.
• 8. #11
• 8.1Director’s discretion

  8.1 (1) Despite section 5 and subject to section 8.3, the Director has discretion to discontinue enforcement of a support order or support deduction order that is filed in the Director’s office if, (a) the payor notifies the Director in accordance with subsection 8 (4) that the support obligation has terminated; (b) the Director serves on the recipient a request to confirm or deny that the support obligation has terminated; and (c) the recipient does not respond within 20 days after being served. 2005, c. 16, s. 3; 2009, c. 33, Sched. 8, s. 2 (5-7). Written response (1.1) For the purposes of clause (1) (c), the response must be in writing. 2009, c. 33, Sched. 8, s. 2 (8). Reinstatement (2) If, after enforcement has been discontinued in accordance with subsection (1), the Director receives a written notice from the recipient denying that the support obligation has terminated, the Director…

• 11.
• 8.1.1Director’s discretion re child that has attained the age of majority

  8.1.1 (1) Despite section 5 and subject to section 8.3, with respect to a support order or support deduction order that is filed in the Director’s office and that pertains to a child who has attained the age of majority, the Director has discretion to discontinue enforcement or, in accordance with section 8.2, enforce a lesser amount of support if, (a) the Director serves on the recipient a request to provide any information the Director considers necessary to establish that, with respect to the child who has attained the age of majority, the enforcement of the support obligation should continue; and (b) the recipient does not respond in writing within 20 days after being served or the Director is of the opinion that the information provided by the recipient does not meet the requirements in clause (a). 2021, c. 25, Sched. 7, s. 3. Reinstatement (2) If, after the Director exercises discr…

• 12.
• 8.2Discretion to enforce for lesser amount if child’s entitlement ceases

  8.2 (1) Subject to section 8.3, if the conditions set out in subsection (2) are satisfied with respect to a support order or support deduction order, the Director may exercise discretion to enforce a lesser amount of support in accordance with the table set out in the applicable child support guidelines. 2005, c. 16, s. 3; 2009, c. 33, Sched. 8, s. 2 (9). Conditions (2) The conditions referred to in subsection (1) are: 1. The order was made in accordance with the table set out in the applicable child support guidelines. 2. One of the following applies: i. It has been agreed under clause 8 (2) (a) that the support obligation under the order has terminated with respect to a child. ii. The payor notifies the Director in accordance with subsection 8 (4) that the support obligation has terminated, the Director serves on the recipient a request to confirm or deny that the support obligation ha…

• [s14]
• 13.
• 8.3Agency’s consent required

  8.3 If a support order has been assigned to an agency described in subsection 33 (3) of the Family Law Act, the Director shall not cease, discontinue or reduce enforcement of the support order without the agency’s consent. 2009, c. 33, Sched. 8, s. 2 (12). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (12) - 01/01/2011

• [s15]
• 14.
• 8.4Disputes

  8.4 (1) If the parties to a support order do not agree that a support obligation has terminated or if the agency referred to in section 8.3 does not provide its consent under that section, the court that made the support order shall, on the motion of a party to the support order or of the agency, (a) decide whether the support obligation has terminated; and (b) make an order to that effect. 2009, c. 33, Sched. 8, s. 2 (12). Same (2) If the support order was not made by a court, the order described in subsection (1) shall be made by the Ontario Court of Justice or the Family Court. 2009, c. 33, Sched. 8, s. 2 (12). Same (3) If an issue as to whether the support obligation has terminated arises within an application between the parties, it is not necessary to make a separate motion under subsection (1). 2009, c. 33, Sched. 8, s. 2 (12). Order to repay (4) A court that finds that a support …

• [s16]

  Part III Support Orders and Support Deduction Orders — Making and Filing

• 15.
• 16.
• 9Contents of support order

  9 (1) Every support order made by an Ontario court, other than a provisional order, shall state in its operative part that unless the order is withdrawn from the Director’s office, it shall be enforced by the Director and that amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed. 1996, c. 31, s. 9 (1). Court may require that order may not be withdrawn (2) If the court considers it appropriate to do so, it may state in the operative part of the order, instead of the wording prescribed by subsection (1), that the order and the related support deduction order shall be enforced by the Director and that they cannot be withdrawn from the Director’s office. 1996, c. 31, s. 9 (2). Application to notices of calculation (2.1) The wording required by subsection (1) to be included in every support order made by an Ontario court shall be …

• 10Support deduction orders to be made

  10 (1) An Ontario court that makes a support order, as defined in subsection 1 (1), shall also make a support deduction order. 1996, c. 31, s. 10 (1). New orders to be made (2) When a support order is changed and the changed order is a support order as defined in subsection 1 (1), the court shall also make a support deduction order to reflect the change. 2005, c. 16, s. 4. Transition (3) When a support order, within the meaning of the Family Support Plan Act as it read immediately before its repeal by this Act, is changed and the changed order is a support order as defined in subsection 1 (1), the court shall also make a support deduction order to reflect the change. 2005, c. 16, s. 4. Order mandatory (4) A support deduction order shall be made even though the court cannot identify an income source in respect of the payor at the time the support order is made. 1996, c. 31, s. 10 (4). Exc…

• 17.
• 11Form of support deduction order

  11 (1) A support deduction order shall be in the form prescribed by the regulations. 1996, c. 31, s. 11 (1). Information re payor, income source (2) Before making a support deduction order, the court shall make such inquiries of the parties as it considers necessary to determine the names and addresses of each income source of the payor and the amounts paid to the payor by each income source and shall make such other inquiries to obtain information as may be prescribed by the regulations. 1996, c. 31, s. 11 (2). Same (3) If the support order is sought on consent or by way of motion for judgment or if the making of the support order is uncontested, the parties shall give the court the particulars described in subsection (2) and such other information as may be prescribed by the regulations. 1996, c. 31, s. 11 (3). Completion of form, etc. (4) The support deduction order shall be completed…

• 18.
• 11.1Precedence of orders

  11.1 In the event of a conflict between a support order and the support deduction order made in relation to the support order, the support order prevails. 2009, c. 33, Sched. 8, s. 2 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 2 (13) - 15/12/2009 Court to file orders

• 19.
• 12Support orders

  12 (1) The clerk or registrar of the court that makes a support order shall file it with the Director’s office promptly after it is signed. 1996, c. 31, s. 12 (1). Support deduction orders (2) The clerk or registrar of the court that makes a support deduction order shall file it with the Director’s office promptly after it is signed, even if the related support order may not have been settled or signed at the time. 1996, c. 31, s. 12 (2).

• PART IV SUPPORT DEDUCTION ORDERS
• 12.1Filing notices of calculation

  12.1 On giving notice of a calculation under section 39 of the Family Law Act, the child support calculation service, as defined in that section, shall file a copy of the notice with the Director’s office. 2014, c. 7, Sched. 10, s. 5. Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 5 - 04/04/2016

• 20.
• 12.2Filing notices of recalculation

  12.2 On giving notice of a recalculation under section 39.1 of the Family Law Act that relates to a support order that is being enforced by the Director, the child support recalculation service, as defined in that section, shall file a copy of the notice with the Director’s office. 2014, c. 7, Sched. 10, s. 6. Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 6 - 04/04/2016

• 21.
• 13Orders of other jurisdictions

  13 (1) When a support order made by a court outside Ontario is registered under subsection 19 (1) of the Interjurisdictional Support Orders Act, 2002 or Article 10 (1) (a) of the Convention in the Schedule to the International Recovery of Child Support and Family Maintenance Convention Act, 2023, the clerk who registers the order shall promptly file it with the Director’s office, unless the order is accompanied by a notice signed by the person seeking enforcement stating that he or she does not want the order enforced by the Director. 2002, c. 13, s. 57 (2); 2023, c. 9, Sched. 16, s. 25 (2). Same – Divorce Act (Canada) orders (2) A support order made by a court outside Ontario under the Divorce Act (Canada) may be filed in the Director’s office by the recipient under the order and, for the purpose of subsection 20 (3) of the Divorce Act (Canada), the order becomes enforceable by the Dire…

• 22.
• 14Orders filed by Minister, etc.

  14 (1) If a recipient has applied and is eligible for, or has received, a benefit under the Family Benefits Act or assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997, a support order may be filed in the Director’s office, whether or not the payor and recipient have given a notice to withdraw under subsection 16 (1.1), by the following: 1. The Ministry of Community and Social Services in the name of the Minister. 2. A municipality, excluding a lower-tier municipality in a regional municipality. 3. A district social services administration board under the District Social Services Administration Boards Act. 4. A band approved under section 15 of the General Welfare Assistance Act. 5. A delivery agent under the Ontario Works Act, 1997. 1997, c. 25, Sched. E, s. 2 (2); 2002, c. 17, Sched. …

• 23.
• 15Payors, recipients may file support orders

  15 Subject to sections 12, 12.1, 12.2, 13 and 14, a support order may be filed in the Director’s office only by the payor or recipient under the order. 1996, c. 31, s. 15; 2014, c. 7, Sched. 10, s. 7 (1, 2). Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 10, s. 7 (1, 2) - 04/04/2016

• 24.
• 16Withdrawal of orders

  16 (1) A support order or support deduction order filed in the office of the Director may be withdrawn at any time, as described in subsection (1.1), unless the support order states that it and the related support deduction order cannot be withdrawn from the Director’s office. 2005, c. 16, s. 6. Method (1.1) Withdrawal is effected by a written notice signed by, (a) the recipient and the payor, if the payor is in compliance as defined in the regulations; or (b) the recipient, if the payor is not in compliance as defined in the regulations. 2005, c. 16, s. 6. Consent of agency filing order (2) A support order and related support deduction order, if any, that have been assigned to an agency referred to in subsection 14 (1) may not be withdrawn under subsection (1) except by the agency or with the consent of the agency so long as the orders are under assignment. 1997, c. 25, Sched. E, s. 2 (…

• 25.
• [s28]
• 17Notice of filings and withdrawals

  17 The Director shall give notice of the filing or withdrawal of a support order or support deduction order to all the parties to the order, and at the request of any agency referred to in subsection 14 (1), to the agency. 1997, c. 25, Sched. E, s. 2 (5). Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 2 (5) - 01/07/1998

• 26.
• [s29]
• 18Duty to advise re unfiled support orders

  18 Where a support deduction order that was made before this section came into force is filed in the Director’s office but the related support order was never filed in the Director’s office, the recipient shall inform the Director in writing of, (a) the amount of money received on account of the support order other than by means of the support deduction order; and (b) any changes in the amount to be paid under the support order. 1996, c. 31, s. 18; 2005, c. 16, s. 7. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 7 - 13/06/2005

• 27.
• [s30]
• 19Updating contact information

  19 A payor or recipient under a support order or support deduction order that is filed in the Director’s office shall advise the Director of any changes to the following, within 10 days after the change: 1. Any name or alias used by the payor or recipient, including any spelling variation of any name or alias. 2. The payor’s or recipient’s home address, and the mailing address if different from the home address. 3. Any telephone number of the payor or recipient. 4. Other contact information, such as the payor’s or recipient’s work address, fax number or e-mail address, if the payor or recipient has previously provided that contact information to the Director. 2007, c. 7, Sched. 15, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 8 - 13/06/2005 2007, c. 7, Sched. 15, s. 1 - 17/05/2007

• 28.
• [s31]

  Part IV Support Deduction Orders — Enforcement

• 29.
• 20Director to enforce support deduction orders

  20 (1) The Director shall enforce a support deduction order that is filed in the Director’s office, subject to section 7, to any change made to the support deduction order to any alternative payment order made under section 28 and to any decision of the Director to use a different method of payment, until the related support order is terminated and there are no arrears owing or until the support order and support deduction order are withdrawn. 2005, c. 16, s. 9; 2020, c. 34, Sched. 4, s. 2. Notice of support deduction order to income sources (2) The Director may serve a notice of a support deduction order to each income source from whom the Director is seeking payment, and may serve new notices when the amount to be paid under a support order changes or arrears are owing. 1996, c. 31, s. 20 (2). Contents of notice (3) The notice shall set out the amount of support owed by the payor under…

• 30.
• 21Support deduction order deemed to be made

  21 (1) A support deduction order shall be deemed to have been made in respect of a support order described in subsection (8) if, (a) the payor or the recipient requests that the Director enforce the support order under this Part and the Director considers it practical to do so; or (b) the Director considers it advisable to enforce the support order under this Part. 1996, c. 31, s. 21 (1); 2014, c. 7, Sched. 10, s. 9 (1). Notice to other party (2) The Director shall give notice to the other party of the Director’s intention to enforce the support order under this Part. 1996, c. 31, s. 21 (2); 2014, c. 7, Sched. 10, s. 9 (2). Exception (2.1) Subsection (2) does not apply in the case of a support order that is a notice of calculation. 2014, c. 7, Sched. 10, s. 9 (3). When and by what court deemed order is made (3) The support deduction order shall, 30 days after the notice is served, be dee…

• 31.
• 22Duty of income source

  22 (1) An income source that receives notice of a support deduction order, whether or not the income source is named in the order, shall, subject to section 23, deduct from the money the income source owes to the payor the amount of the support owed by the payor, or such other amount that is set out in the notice, and shall pay that amount to the Director. 1996, c. 31, s. 22 (1). First payment (2) The income source shall begin making payments to the Director not later than the day the first payment is to be paid to the payor that falls at least 14 days after the day on which the income source is served with the notice. 1996, c. 31, s. 22 (2). Electronic payment (2.1) The income source may make the payments by a prescribed method of electronic transmission. 2005, c. 16, s. 11. Payor’s duty to pay (3) Until an income source begins deducting support payments in respect of a support deductio…

• 32.
• 23Maximum deduction by income source

  23 (1) The total amount deducted by an income source and paid to the Director under a support deduction order shall not exceed 50 per cent of the net amount owed by the income source to the payor. 1996, c. 31, s. 23 (1). (2) Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Exception for certain federal payments (3) Despite subsection (1), up to 100 per cent of a payor’s income tax refund or other lump sum payment that is attachable under the Family Orders and Agreements Enforcement Assistance Act (Canada) may be deducted and paid to the Director under a support deduction order. 1996, c. 31, s. 23 (3). (4) Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Interpretation – net amount (5) For the purposes of this section, “net amount” m…

• PART V SUSPENSION OF DRIVERS’ LICENCES
• 24Crown bound by support deduction order

  24 (1) A support deduction order is effective against the Crown only in respect of amounts payable on behalf of the administrative unit served with notice of the support deduction order to the payor named in the notice. 1996, c. 31, s. 24 (1). Social assistance benefits (2) Despite subsection (1), no amounts shall be deducted from any amount payable to a payor as a benefit under the Family Benefits Act or as assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or as income support under the Ontario Disability Support Program Act, 1997, in order to comply with a support deduction order unless authorized under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997. 1997, c. 25, Sched. E, s. 2 (6). Definition (3) In subsection (1), “administrative unit” means a ministry of the Government of Ontario, a Crown agency within the meaning of …

• 33.
• 25Duty to inform re payment interruption

  25 (1) Within 10 days after the termination or beginning of an interruption of payments by an income source to a payor, both the income source and the payor shall give written notice of the termination or interruption to the Director, together with such other information as may be required by the regulations. 1996, c. 31, s. 25 (1). Same (2) If notice has been or should have been given under subsection (1), (a) the payor and the income source, within 10 days after the resumption of payments that have been interrupted, shall give written notice to the Director of the resumption; (b) the payor, within 10 days of beginning employment with another income source or of becoming entitled to payments from another income source, shall give written notice to the Director of the new employment or entitlement and of the name and address of the income source. 1996, c. 31, s. 25 (2).

• 34.
• 26Disputes re income source

  26 (1) If an individual, corporation or other entity served with notice of a support deduction order is not an income source of the payor named in the notice, the individual, corporation or other entity shall give written notice in the prescribed form of that fact to the Director within 10 days after the service of the notice. 1996, c. 31, s. 26 (1). Same (2) The Director or an individual, corporation or other entity who has notified the Director under subsection (1) may, on notice to each other, make a motion to the court that made or is deemed to have made the support deduction order to determine whether the individual, corporation or other entity is an income source. 1996, c. 31, s. 26 (2); 2005, c. 16, s. 13 (1). Same (3) The Director or an income source may, on notice to each other, make a motion to the court that made or is deemed to have made the support deduction order to determi…

• 35.
• 27Disputes, etc., by payor

  27 (1) A payor, on motion in the court that made or is deemed to have made the support deduction order, (a) may dispute the amount being deducted by an income source under a support deduction order if he or she is of the opinion that because of a mistake of fact more is being deducted than is required under this Act; (b) may dispute whether he or she has defaulted in paying support after an alternative payment order has been made under section 28; (c) may seek relief regarding the amount that is being deducted by an income source under a support deduction order for arrears under a support order. 1996, c. 31, s. 27 (1); 2005, c. 16, s. 14 (1). Motion to increase deductions for arrears (2) If an order has been made on a motion under clause (1) (c), the Director may, on motion in the court that made the order, request that the amount to be deducted by an income source be increased if there …

• 36.
• 28Alternative payment order

  28 (1) A court that makes a support deduction order may make an order requiring the payor to make payments directly to the Director, at the same time as it makes the support deduction order, or subsequently on motion. 2005, c. 16, s. 15. Same (2) A court that is deemed to have made a support deduction order may, on a motion made under subsection 21 (4), make an order requiring the payor to make payments directly to the Director. 2005, c. 16, s. 15. Effect on support order and support deduction order (3) An alternative payment order made under subsection (1) or (2) suspends the support deduction order, but it does not affect the payor’s obligations under the support order nor does it affect any other means of enforcing the support order. 2005, c. 16, s. 15. Criteria (4) The court may make an alternative payment order under subsection (1) or (2) only if, (a) it finds that it would be uncon…

• 37.
• 29Income source to keep information confidential

  29 Information about a payor obtained as a result of the application of this Part by an income source or an individual, corporation or other entity believed to be an income source shall not be disclosed by the income source or the individual, corporation or other entity, as the case may be, or any director, officer, employee or agent thereof, except for the purposes of complying with a support deduction order or this Act. 1996, c. 31, s. 29.

• 38.
• [s42]
• 30Priority of support deduction orders

  30 (1) Despite any other Act, a support deduction order has the same priority over other judgment debts as a support order has under the Creditors’ Relief Act, 2010 and all support orders and support deduction orders rank equally with each other. 1996, c. 31, s. 30 (1); 2010, c. 16, Sched. 4, s. 25 (1). Same (2) If an income source is required to make payments to the Director under a support deduction order and the income source receives a garnishment notice related to the same support obligation, the income source shall make full payment under the support deduction order and the garnishment shall be of no effect until the income source has received notice from the Director that an alternative payment order has been made or that the support deduction order is terminated or withdrawn from the Director’s office. 2005, c. 16, s. 16. Section Amendments with date in force (d/m/y) 2005, c. 16,…

• 39.
• [s43]
• 31Anti-avoidance

  31 An agreement by the parties to a support order to change enforcement of a support deduction order that is filed in the Director’s office and any agreement or arrangement to avoid or prevent enforcement of a support deduction order that is filed in the Director’s office are of no effect. 1996, c. 31, s. 31; 2005, c. 16, s. 17. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 17 - 13/06/2005

• PART V SUSPENSION OF DRIVERS’ LICENCES AND VEHICLE PERMITS
• PART VI OTHER ENFORCEMENT MECHANISMS
• [s44]
• 32Conflict with other Acts

  32 A support deduction order may be enforced despite any provision in any other Act protecting any payment owed by an income source to a payor from attachment or other process for the enforcement of a judgment debt. 1996, c. 31, s. 32.

• 33. #44
• 40.
• [s45]

  Part V Suspension of Drivers’ Licences

• 34. #45
• 41.
• 33Definition, Part V

  33 In this Part, “driver’s licence” has the same meaning as in subsection 1 (1) of the Highway Traffic Act. 1996, c. 31, s. 33. Section Amendments with date in force (d/m/y) 1996, c. 31, s. 64 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011

• 35. #46
• 42.
• 33. #47
• 34First notice

  34 When a support order that is filed in the Director’s office is in default, the Director may serve a first notice on the payor, informing the payor that his or her driver’s licence may be suspended unless, within 30 days after the day the first notice is served, (a) the payor makes an arrangement satisfactory to the Director for complying with the support order and for paying the arrears owing under the support order; (b) the payor obtains an order to refrain under subsection 35 (1) and files the order in the Director’s office; or (c) the payor pays all arrears owing under the support order. 1996, c. 31, s. 34. Section Amendments with date in force (d/m/y) 1996, c. 31, s. 64 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011

• 36. #47
• 43.
• 33. #48
• 34. #48
• 35Order to refrain

  35 (1) If a payor is served with a first notice under section 34 and makes a motion to change the support order, the payor may also, on notice to the Director, make a motion for an order that the Director refrain from directing the suspension of the payor’s driver’s licence under subsection 37 (1), on the terms that the court considers just, which may include payment terms. 2005, c. 16, s. 18; 2009, c. 33, Sched. 8, s. 2 (14). Certain support variation applications (2) For the purposes of this section, submitting a support variation application to the designated authority in Ontario under the Interjurisdictional Support Orders Act, 2002 or to the Central Authority in Ontario under the International Recovery of Child Support and Family Maintenance Convention Act, 2023 has the same effect as making a motion to change a support order. 2023, c. 9, Sched. 16, s. 25 (4). Effect on arrears (3) …

• 37. #48
• 44.
• 34. #49
• 35. #49
• 36Final notice

  36 (1) The Director may serve a final notice on the payor if, at any time in the 24 months after the payor made an arrangement under clause 34 (a) or obtained an order under subsection 35 (1) or clause 35 (14) (b), the payor fails to comply with, (a) the terms of the arrangement made with the Director in response to the first notice; (b) the terms of an order to refrain under subsection 35 (1); or (c) the terms of the changed support order and an order respecting payment of arrears under clause 35 (14) (b). 1996, c. 31, s. 36 (1); 2005, c. 16, s. 19. Contents (2) The final notice shall inform the payor that his or her driver’s licence may be suspended, (a) unless, within 15 days after the day the final notice is served, (i) the payor complies with clause (1) (a), (b) or (c), or (ii) the payor pays all arrears owing under the support order; or (b) if, within 24 months after the payor make…

• 38. #49
• 45.
• [s50]
• 35. #50
• 37After first notice

  37 (1) The Director may direct the Registrar of Motor Vehicles to suspend a payor’s driver’s licence if, within the 30-day period referred to in the first notice, the payor does not, (a) make an arrangement satisfactory to the Director for complying with the support order; (b) obtain an order to refrain under subsection 35 (1) and file the order in the Director’s office; or (c) pay all arrears owing under the support order. 1996, c. 31, s. 37 (1). After final notice (2) The Director may direct the Registrar of Motor Vehicles to suspend a payor’s driver’s licence if, within the 15-day period referred to in the final notice or at any time in the 24-month period referred to in the final notice, the payor does not, (a) comply with clause 36 (1) (a), (b) or (c); or (b) pay all arrears owing under the support order. 1996, c. 31, s. 37 (2); 2005, c. 16, s. 20. Form of direction (3) A direction …

• 39. #50
• 46.
• [s51]
• 33. #51
• 35. #51
• 36. #51
• 38Direction to reinstate

  38 (1) The Director shall direct the Registrar of Motor Vehicles to reinstate a driver’s licence suspended as a result of a direction under section 37 if, (a) the payor pays all the arrears owing under the support order; (b) the payor is complying with the terms of the arrangement made with the Director in response to the first notice; (c) the payor is complying with the terms of an order to refrain that has not expired; (d) the support order has been changed and the payor is complying with the terms of the changed support order, including the terms of any order under clause 35 (14) (b) that relates to the support order; (d.1) the payor makes an arrangement satisfactory to the Director for complying with the support order and for paying the arrears owing under the support order; or (e) the support order is withdrawn under section 16. 1996, c. 31, s. 38 (1); 2005, c. 16, s. 21 (1). Notice…

• 47.
• [s52]
• 33. #52
• 34. #52
• 36. #52
• 37. #52
• 39Anti-avoidance

  39 An agreement by the parties to a support order to avoid or prevent its enforcement under this Part is of no effect. 1996, c. 31, s. 39. Section Amendments with date in force (d/m/y) 1996, c. 31, s. 64 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011

• 48.
• [s53]
• 34. #53
• 35. #53
• 37. #53
• 38. #53
• 39.1-39.4

  39.1-39.4 Section Amendments with date in force (d/m/y) 2005, c. 16, s. 22 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2015

• 49.
• [s54]

  Part VI Other Enforcement Mechanisms

• 35. #54
• 38. #54
• 39. #54
• 50.
• [s55]
• 35. #55
• 36. #55
• 39. #55
• 40Financial statements

  40 (1) The Director may request that a payor who is in default under a support order, where the support order or related support deduction order is filed in the Director’s office, complete and deliver to the Director a financial statement in the form prescribed by the regulations together with such proof of income as may be required by the regulations. 1996, c. 31, s. 40 (1). Same (2) The payor shall deliver the completed financial statement to the Director within 15 days after he or she was served with the request to complete the form. 1996, c. 31, s. 40 (2). Changes in information (3) If a payor discovers that any information was incomplete or wrong at the time he or she completed the financial statement, he or she shall, within 10 days of the discovery, deliver the corrected information to the Director. 1996, c. 31, s. 40 (3). Failure to comply (4) The Ontario Court of Justice or the …

• PART VII OFFENCES AND PENALTIES
• 36. #56
• 37. #56
• 41Default hearing

  41 (1) When a support order that is filed in the Director’s office is in default, the Director may prepare a statement of the arrears and, by notice served on the payor together with the statement of arrears, may require the payor to deliver to the Director a financial statement and such proof of income as may be required by the regulations and to appear before the court to explain the default. 2005, c. 16, s. 24. Same (2) When a support order that is not filed in the Director’s office is in default, the recipient may file a request with the court, together with a statement of arrears, and, on such filing, the clerk of the court shall, by notice served on the payor together with the statement of arrears, require the payor to file a financial statement and appear before the court to explain the default. 2005, c. 16, s. 24. Persons financially connected to payor (3) The Director or the rec…

• 51.
• PART V.1 SUSPENSION OF LICENCES UNDER FISH AND WILDLIFE CONSERVATION ACT, 1997
• [s57]
• 37. #57
• 38. #57
• 39.1
• 42Registration against land

  42 (1) A support order may be registered in the proper land registry office against the payor’s land and on registration the obligation under the order becomes a charge on the property. 1996, c. 31, s. 42 (1). Sale of property (2) A charge created by subsection (1) may be enforced by sale of the property against which it is registered in the same manner as a sale to realize on a mortgage. 1996, c. 31, s. 42 (2). Discharge or postponement of charge (3) A court may order the discharge, in whole or in part, or the postponement, of a charge created by subsection (1), on such terms as to security or other matters as the court considers just. 1996, c. 31, s. 42 (3). Notice (4) An order under subsection (3) may be made only after notice to the Director, if the support order or a related support deduction order is filed with the Director’s office for enforcement. 2005, c. 16, s. 25. Section Amen…

• 52.
• 38. #58
• 39. #58
• 39.2
• 43Registration under the Personal Property Security Act

  43 (1) Arrears owing from time to time under a support order are, upon registration by the Director or the recipient with the registrar under the Personal Property Security Act of a notice claiming a lien and charge under this section, a lien and charge on any interest in all the personal property in Ontario owned or held at the time of registration or acquired afterwards by the payor. 1996, c. 31, s. 43 (1). Amounts included and priority (2) The lien and charge is in respect of the arrears owed by the payor under a support order at the time of registration of the notice and the arrears owed by the payor under the support order which accrue afterwards while the notice remains registered and, upon registration of a notice of lien and charge, the lien and charge has priority over, (a) any perfected security interest registered after the notice is registered; (b) any security interest perfe…

• 53.
• 39. #59
• 39.3
• 44Writs of seizure and sale

  44 (1) If a writ of seizure and sale is filed with a sheriff in respect of a support order, the person who filed the writ may at any time file with the sheriff a statutory declaration specifying, (a) the amount currently owing under the order; or (b) any name, alias or spelling variation of any name or alias used by the payor. 2007, c. 7, Sched. 15, s. 2 (1). Same (2) When a statutory declaration is filed under clause (1) (a), the writ of seizure and sale shall be deemed to be amended to specify the amount owing in accordance with the statutory declaration. 2007, c. 7, Sched. 15, s. 2 (1). Same (2.1) When a statutory declaration is filed under clause (1) (b), the writ of seizure and sale shall be deemed to be amended to include the names specified on the statutory declaration. 2007, c. 7, Sched. 15, s. 2 (1). Notice from sheriff of opportunity to amend writ (3) A sheriff who comes into p…

• PART VIII MISCELLANEOUS
• 39.4
• 45Garnishment of joint accounts

  45 (1) Upon being served on a financial institution, a notice of garnishment issued by the Director to enforce a support order against a payor attaches 50 per cent of the money credited to a deposit account held in the financial institution in the name of the payor together with one or more other persons as joint or joint and several deposit account holders, and the financial institution shall pay up to 50 per cent of the money credited to the deposit account to the Director in accordance with the notice of garnishment. 1996, c. 31, s. 45 (1). Duties of financial institution (2) The financial institution shall, within 10 days of being served with the notice of garnishment, (a) pay the money to the Director and, at the same time, notify the Director if the account is held jointly or jointly and severally in the name of two or more persons; and (b) notify the co-holders of the account who …

• 54.
• 46Garnishment of lottery prizes

  46 (1) In this section, “Corporation” means the Ontario Lottery and Gaming Corporation; (“Société”) “lottery” means a lottery scheme, as defined in section 1 of the Ontario Lottery and Gaming Corporation Act, 1999, that is conducted by the Corporation in Ontario and involves the issuance and sale of tickets; (“loterie”) “prize” means a prize in a lottery. (“prix”) 1999, c. 12, Sched. B, s. 8; 2014, c. 7, Sched. 10, s. 12. Deduction of arrears from prize (2) If a payor who owes arrears under a support order that is filed in the Director’s office is entitled to a single monetary prize of $1,000 or more from the Corporation, the Corporation shall, (a) deduct from the prize the amount of the arrears or the amount of the prize, whichever is less; (b) pay the amount deducted to the Director; and (c) pay any balance to the payor. 1999, c. 12, Sched. B, s. 8. Non-monetary prize (3) If a payor wh…

• 55.
• 47Reporting default to consumer reporting agency

  47 The Director may disclose the information set out in section 47.2 to a consumer reporting agency registered under the Consumer Reporting Act. 2005, c. 16, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 27 - 31/12/2006

• 56.
• 47.1Reporting default to prescribed entity

  47.1 (1) The Director may disclose the information set out in section 47.2 to a prescribed entity that is, (a) a professional or occupational organization; (b) the governing body of a self-governing or regulated profession; or (c) an entity that is responsible for licensing or registering individuals for occupational purposes. 2005, c. 16, s. 27. Presumption (2) In the absence of evidence to the contrary, it shall be presumed that the amount disclosed with respect to arrears as described in clause 47.2 (d) is correct. 2005, c. 16, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 27 - 31/12/2006

• 57.
• 47.2Information that may be disclosed

  47.2 The information that may be disclosed under section 47 or 47.1 is, (a) the name of a payor who is in default on a support order filed in the Director’s office; (b) the date of the support order; (c) the amount and frequency of the payor’s support obligation under the support order; (d) the amount of the arrears owing under the support order at the time of the disclosure; and (e) such other information as may be prescribed. 2005, c. 16, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 27 - 31/12/2006

• 58.
• [s65]
• 48Restraining order

  48 A court, including the Ontario Court of Justice, may make an order restraining the disposition or wasting of assets that may hinder or defeat the enforcement of a support order or support deduction order. 1996, c. 31, s. 48; 2005, c. 16, s. 28. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 28 - 13/06/2005

• 59.
• 49Arrest of absconding payor

  49 (1) The Ontario Court of Justice or the Family Court may issue a warrant for a payor’s arrest for the purpose of bringing him or her before the court if the court is satisfied that the payor is about to leave Ontario and that there are reasonable grounds for believing that the payor intends to evade his or her obligations under the support order. 1996, c. 31, s. 49 (1); 2005, c. 16, s. 29 (1). Bail (2) Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies with necessary modifications to an arrest under the warrant. 1996, c. 31, s. 49 (2). Powers of court (3) When the payor is brought before the court, it may make any order provided for in subsection 41 (10). 1996, c. 31, s. 49 (3); 2005, c. 16, s. 29 (2). Section Amendments with date in force (d/m/y) 2005, c. 16, s. 29 (1, 2) - 13/06/2005

• 60.
• [s67]
• 50Recognition of extra-provincial garnishments

  50 (1) The clerk of the Ontario Court of Justice or Family Court shall issue a notice of garnishment to enforce the support or maintenance obligation upon the filing of a garnishment process that, (a) is issued outside Ontario and is directed to a garnishee in Ontario; (b) states that it is issued in respect of support or maintenance; and (c) is written in or accompanied by a sworn or certified translation into English or French. 2021, c. 25, Sched. 7, s. 5 (1). Foreign currencies (2) If the garnishment process refers to an obligation in a foreign currency, section 44 of the Interjurisdictional Support Orders Act, 2002 applies with necessary modifications. 1996, c. 31, s. 50 (2); 2002, c. 13, s. 57 (3). Exception, support deduction document issued by another Canadian jurisdiction (3) The Director may serve a document on a person in Ontario for the purpose of attaching the income or funds…

• 61.
• [s68]

  Part VII Offences and Penalties Offences – payors, income sources, etc.

• 62.