Maintenance Orders Enforcement Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.M-2
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 2. Government bound by Act 3. Administrator 3.1. Restriction on enforcement of orders made 4. Enforcement officers 5. Filing of orders 6. Withdrawal of maintenance order 6.1. Opting out 6.2. Refiling 6.3. Notice of filings and withdrawals 6.4. Filing by Director of Social 7. Enforcement by officer, Administrator 8. Payment to credit of Government 9. Application 9.1. Advertisement by Administrator 9.2. No action against informant 10. Agreements with territory or province 11. Agreements with Canada 11.1. Direction to credit reporting agency 12. Monetary jurisdiction of Territorial Court 13. Enforcement alternatives 13.1. Request to file financial statement 13.2. Request to attend payment conference 14. Garnishment 14.1. Definition: "co-holder" 15. Default by garnishee 16. Fee 16.1. Attachment of deposit accounts 16.2. Definitions 16.3. Contents of notice of attachment 17. Attachment of wages 18. Application 19. Motion to set aside 20. Priority of attachment 21. Termination, discipline 19. to 22. Filing with Sheriff 22.1. Definition: "Registrar" 22.2. Definitions 23. Default in payments 24. Presumptions at hearing 25. Warrant of committal 26. Power to vary order 27. Restraining order 27.1. Joint and several liability 27.2. Setting aside gifts, transfers 28. Arrest of absconding payor 28.1. Definition: "sole corporation" 28.2. Definitions 28.3. Considerations and reduction of risk 28.4. Court may order further hearing 29. Application of payments 29.1. Failure to provide information or records 29.2. Offences by payor 29.3. Providing false statement 29.4. Liability of directors and others 29.5. Vicarious liability 29.6. Penalties do not affect maintenance obligations 30. Capacity of minor 30.1. Immunity from action 31. Appeals 32. Regulations
Regulations
Maintenance Orders Enforcement Regulations

INTERPRETATION

Definitions

1.

(1) In this Act,

"Administrator" means the Maintenance Enforcement Administrator appointed under subsection 3(1); (administrateur)

"credit reporting agency" includes any person whose business includes supplying information to one or more third parties about the financial circumstances or creditworthiness of other persons; (agence d’évaluation du crédit)

"default hearing" means a hearing held pursuant to subsection 23(3) or (4); (audience pour défaut de paiement)

"deposit account" includes a demand account, time account, savings account, passbook account, chequing account, current account and other similar accounts held in a financial institution; (compte de dépôt)

"Director of Social Assistance" means the Director of Social Assistance for the Northwest Territories appointed under section 2 of the Social Assistance Act; (directeur)

"domestic contract" has the meaning assigned to it by section 2 of the Family Law Act; (contrat familial)

"enforcement officer" means an enforcement officer appointed under subsection 4(1); (agent)

"filed maintenance order" means a maintenance order that is filed with the Administrator; (ordonnance alimentaire déposée)

"financial institution" includes a bank listed in Schedule I or II to the Bank Act (Canada), a loan corporation, trust corporation and a credit union; (institution financière)

"maintenance" means maintenance, support or alimony and includes

(a) an amount payable periodically, whether annually or otherwise and whether for an indefinite or limited period, or until the happening of a specified event,

(b) a lump sum to be paid or held in trust,

(c) periodic payments to be made to a spouse by the spouse to whom exclusive possession of a family home, within the meaning of the Family Law Act, has been given,

(d) all or any of the money payable under a maintenance order to be paid into court or to any other appropriate person or agency for the benefit of a party,

(e) an amount payable for maintenance in respect of any period before the date of the maintenance order,

(f) an amount payable to the Director of Social Assistance in reimbursement for a benefit or assistance provided to a recipient, including an amount in reimbursement for such benefit or assistance provided before the date of the maintenance order,

(g) an amount payable for expenses in respect of the pre-natal care and birth of a child, and

(h) interest or the payment of legal fees or other expenses arising in relation to maintenance; (pension alimentaire)

"maintenance order" means

(a) an order or an interim order of a court in the Northwest Territories that has a provision requiring the payment of maintenance,

(b) an order, other than a provisional order that has not been confirmed, that is registered under the Interjurisdictional Support Orders Act and that has a provision requiring the payment of maintenance, and

(c) a provision for maintenance in a domestic contract that is enforceable under the laws of the Northwest Territories; (ordonnance alimentaire)

"payor" means a person required under a maintenance order to pay money for maintenance; (payeur)

"person" includes

(a) an individual;

(b) the Government of the Northwest Territories;

(c) a public body;

(d) a trade union;

(e) a corporation;

(f) an unincorporated sole proprietorship operating under a business name;

(g) an unincorporated organization or association of persons;

(h) a partnership;

(i) any legal entity that has or asserts a legal personality or status separate from its members; and

(j) the heirs, executors, administrators or other legal representatives of a person; (personne)

"recipient" means a person entitled under a maintenance order to receive money for maintenance on his or her own behalf, or on behalf of another person; (bénéficiaire alimentaire)

"spouse" has the meaning assigned to it by section 1 of the Family Law Act; (conjoint)

"wages" includes salary and other remuneration; (salaire)

"withdraw", in relation to a maintenance order, means to remove the order from the files of the Administrator. (retirer)

Lawyers

(2) Anything required by this Act to be signed or done by a person, or referred to in this Act as signed or done by a person, may be signed or done by a lawyer acting on the person’s behalf. SNWT 1998, c.17, s.20; SNWT 2002,c.19,s.47(2); SNWT 2008, c.7,s.2; SNWT 2012,c.13,s.3(2); SNWT 2017, c.20,s.6(2),(3); SNWT 2018,c.18,s.14(3).

GOVERNMENT OF THE

NORTHWEST TERRITORIES

Government bound by Act

2.

This Act binds the Government of the Northwest Territories.

ENFORCEMENT BY

SNWT 2008,c.7,s.3

Administrator

3.

(1) The Minister may appoint a Maintenance Enforcement Administrator.

Duty of Administrator

(2) The Administrator shall enforce maintenance orders that are filed in the office of the Administrator in the manner, if any, that appears practicable.

Powers of Administrator

(3) The Administrator may, for the purpose of subsection (2), commence and conduct a proceeding and take steps for the enforcement of the order in the name of the Administrator for the benefit of the person entitled to enforcement of the order or of the child of that person.

Fees

(4) The Administrator shall not charge a fee for his or her services.

Restriction on enforcement of orders made

3.1.

A maintenance order made by a court outside Canada shall not be enforced until

(a) the 30-day period provided in subsection 20(2) of the Interjurisdictional Support Orders Act has expired without an application being made under that subsection to set aside the registration; or

(b) any application under that subsection has been finally disposed of.

SNWT 2002,c.19,s.47(3).

Enforcement officers

4.

(1) The Administrator may appoint enforcement officers for the purposes of this Act.

Power of enforcement officers

(2) An enforcement officer may act for and in the name of the Administrator.

Filing of orders

5.

(1) A maintenance order may be filed with the Administrator by a person entitled to maintenance under the order or by a parent of a child entitled to maintenance under the order.

Filing by Director of Social Assistance

(2) A maintenance order may be filed with the Administrator by the Director of Social Assistance.

Filing by clerk of court

(3) Every maintenance order made by a court in the Northwest Territories, other than a provisional order, must be filed with the Administrator by the clerk of the court that made it, as soon as possible after it is signed, unless the person who commenced the application for the order files with the court and the Administrator a written notice signed by the person stating that he or she does not wish to have the order enforced by the Administrator.

Filing of maintenance orders made outside Northwest Territories

(4) Every maintenance order made by a court outside the Northwest Territories that is received pursuant to the Interjurisdictional Support Orders Act for enforcement in the Northwest Territories must be filed with the Administrator as soon as possible after it is received unless the order is accompanied by a written notice signed by the person seeking to enforce the order stating that he or she does not wish to have the order enforced by the Administrator. SNWT 2002,c.19,s.47(4); SNWT 2008,c.7,s.4.

Withdrawal of maintenance order

6.

(1) Where the Administrator considers that a recipient is taking steps to enforce a filed maintenance order, the Administrator may withdraw the maintenance order 30 days after sending a written notice to the recipient by ordinary mail, stating that the maintenance order will be withdrawn.

Independent child

(2) Where a filed maintenance order provides for the maintenance of a child, and the Administrator considers that the child is no longer living with or dependent on the recipient, the Administrator may withdraw the maintenance order 30 days after sending a written notice to the recipient by ordinary mail, stating that the maintenance order will be withdrawn. SNWT 2008,c.7,s.5; SNWT 2017,c.20,s.6(3).

Opting out

6.1.

(1) The Administrator may withdraw a maintenance order on the written application of the recipient.

Arrangements

(2) An application must state the arrangements by which the payor and recipient intend to ensure that maintenance is paid as required by the order.

Considerations

(3) In deciding whether to grant an application, the Administrator may consider

(a) the payor’s payment and arrears history;

(b) any history of previous withdrawals of maintenance orders by the recipient;

(c) any enforcement measures that are in place;

(d) whether the arrangements proposed by the parties are likely to ensure compliance with the order; and

(e) any other factors the Administrator considers relevant.

SNWT 2008,c.7,s.5; SNWT 2017,c.20,s.6(3), (4),(5).

Refiling

6.2.

A person entitled to file a maintenance order under section 5 may, with the consent of the Administrator, refile a maintenance order that has been withdrawn. SNWT 2008,c.7,s.5.

Notice of filings and withdrawals

6.3.

The Administrator shall give a notice of the filing or withdrawal of a maintenance order to all the parties to it and, on request of the Director of Social Assistance, to the Director of Social Assistance. SNWT 2008,c.7,s.5.

Filing by Director of Social

6.4.

(1) Where a person who is entitled to maintenance under a maintenance order

(a) has applied and is eligible for, or has received, assistance under the Social Assistance Act, and

(b) has assigned the maintenance order to the Director of Social Assistance,

the Director of Social Assistance may file the order and a copy of the assignment with the Administrator whether or not the notice referred to in subsection 5(3) or (4) has been given.

Withdrawal

(2) An order filed under subsection (1) may only be withdrawn by, or with the written consent of, the Director of Social Assistance. SNWT 2008,c.7,s.5.

Enforcement by officer, Administrator

7.

(1) No person other than the Administrator or an enforcement officer shall enforce a filed maintenance order.

Enforcement by recipient

(2) A recipient may enforce a maintenance order made in the Northwest Territories, if the maintenance order has not been filed with the Administrator or has been withdrawn under section 6 or 6.1.

Application to Territorial Court

(3) Where the notice referred to in subsection 5(4) has been given, a recipient who is resident in the Northwest Territories may apply to the Territorial Court for an order to enforce the maintenance order.

(4) The Administrator may enforce arrears of maintenance under a maintenance order notwithstanding that the arrears were incurred before the order was filed with the Administrator. SNWT 2008,c.7,s.6; SNWT 2017,c.20,s.6(3).

Payment to credit of Government

8.

(1) All amounts owing pursuant to a filed maintenance order must be paid to the credit of the Government of the Northwest Territories and may be delivered to the Administrator.

Payment by Administrator

(2) The Administrator shall pay all money he or she receives in respect of a filed maintenance order to

(a) the Director of Social Assistance, where the order was filed by the Director of Social Assistance;

(b) a person in another jurisdiction performing functions similar to those of the Administrator, where the order was filed by that person; or

(c) the recipient, where the order was filed by the recipient.

Records

(3) The Administrator shall keep a record in the prescribed manner of all money he or she receives and pays out and of the persons by whom and to whom the money has been paid. SNWT 2008,c.7,s.7; SNWT 2017,c.20,s.6(3).

Application

9.

(1) This section applies notwithstanding

(a) the Access to Information and Protection of Privacy Act, the Health Information Act and any other enactment restricting the disclosure of the information referred to in subsection (2); and

(b) any common law rule of confidentiality, except the rule of solicitor-client privilege.

Access by Administrator to information

(2) Notwithstanding any other enactment, the Administrator may, for the purposes of enforcing a maintenance order, require any person to give the Administrator information about the payor that is within the knowledge of the person, or that is shown on a record in the possession or control of the person, other than personal correspondence between family members, including but not limited to information pertaining to

(a) wages;

(b) sources of income;

(c) assets or liabilities;

(d) financial status;

(e) income tax returns;

(f) lottery winnings;

(g) social insurance number, or any similar identification number issued by a jurisdiction other than Canada;

(h) changes in circumstances which affect the amount of maintenance to be paid under the order;

(i) location, address, and place of employment;

(j) any driver’s licences or motor vehicle registrations held by the payor; and

(k) residential address, telephone numbers, and mailing address if different from the residential address.

Records

(3) The Administrator may require a person to provide copies of records referred to in subsection (2).

Duty to provide information

(4) A person who receives a request for information under subsection (2) or for copies of records under subsection (3) shall, within 14 days after receiving the request,

(a) provide the information or copies to the Administrator; or

(b) advise the Administrator in writing that the requested information is not within the knowledge of the person and is not shown in any record referred to in subsection (2) that is in the possession or control of the person.

Confiden- tiality

(5) Subject to section 10, information or copies of records obtained under subsection (2) or (3) must not be disclosed to any person except to the extent necessary for the enforcement of the order.

Order of court for access to information

(6) Where, on an application to a court, it appears that

(a) the Administrator has been refused information or copies of records after making a request under subsection (2) or (3), or

(b) a person has need of information to enforce a maintenance order that is not filed with the Administrator,

the court may order any person to provide the court or a person specified by the court with any information as to the payor’s location, address or place of employment that is within the knowledge of the person or that is shown on a record, other than personal correspondence between family members, that is in the possession or control of the person, and with copies of any such records.

Costs

(7) The court may award the costs of the application to the Administrator where he or she obtains an order under subsection (6) because he or she has been refused information or copies of records after making a request under subsection (2) or (3).

Confiden- tiality

(8) Subject to section 10, information or copies of records obtained under an order made under subsection (6) must not be disclosed except as permitted by the order or a subsequent order or as necessary for the enforcement of the maintenance order, and must be sealed in the court file. SNWT 2008,c.7,s.8; SNWT 2014,c.2,s.203; SNWT 2017,c.20, s.6(4),(5).

Advertisement by Administrator

9.1.

(1) The Administrator may advertise by any means that he or she considers appropriate to obtain information as to the whereabouts, assets, employment and financial circumstances of a payor, if

(a) the payor is in arrears under a filed maintenance order;

(b) the arrears have accrued beyond the prescribed amount or beyond the prescribed period; and

(c) the Administrator considers it necessary for the purposes of enforcing the order.

Disclosure for purposes of advertisement

(2) Notwithstanding the Access to Information and Protection of Privacy Act but subject to subsection (3) and the regulations, the Administrator may disclose any identifying information about the payor that the Administrator considers necessary to disclose in order to make the advertisement effective.

Application of subsections 9(6) and (8)

(3) This section does not authorize the Administrator to disclose information obtained under a court order made under subsection 9(6), unless the disclosure is made in accordance with subsection 9(8). SNWT 2008,c.7,s.8; SNWT 2017,c.20, s.6(4).

No action against informant

9.2.

No action may be taken against a person who provides information or copies of records in accordance with section 9 or who provides information to the Administrator in response to an advertisement referred to in section 9.1. SNWT 2008,c.7,s.8.

Agreements with territory or province

10.

(1) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements with the government of another territory or a province relating to the release of information obtained under section 9 or 9.1.

Release of information

(2) The Administrator may, on the request of a person performing similar functions in another jurisdiction, release to that person information obtained under section 9 or 9.1 where no agreement has been entered into under subsection (1) and the Administrator is satisfied that confidentiality will be preserved. SNWT 2008,c.7,s.9.

Agreements with Canada

11.

(1) The Minister and the Commissioner may, on behalf of the Government of the Northwest Territories, enter into an agreement with the Government of Canada concerning the searching for and the release of information pursuant to Part I of the Family Orders and Agreements Enforcement Assistance Act (Canada).

Confident- iality

(2) The Administrator shall not disclose information obtained pursuant to the Family Orders and Agreements Enforcement Assistance Act (Canada) for the enforcement of a maintenance order, except to the extent necessary for the enforcement of the order.

Direction to credit reporting agency

11.1.

(1) The Administrator may direct a credit reporting agency to include, in any reports to third parties, information specified by the Administrator respecting a payor’s obligations under a filed maintenance order, including arrears, if

(a) the payor is in arrears under the order; and

(b) the arrears have accrued beyond the prescribed amount or beyond the prescribed period.

Variation of information

(2) On receiving notice of an order varying a maintenance order, the Administrator shall, if necessary to reflect the variation, vary the information that is directed to be included in reports referred to in subsection (1).

Other disclosure

(3) The Administrator may disclose to departments of the Government of the Northwest Territories and to public agencies specified in Schedule A, B or C to the Financial Administration Act any information that is authorized to be disclosed to a credit reporting agency under this section. SNWT 2008,c.7,s.10; SNWT 2017,c.20, s.6(4),(5).

ENFORCEMENT REMEDIES

Monetary jurisdiction of Territorial Court

12.

Notwithstanding section 16 of the Territorial Court Act, there are no monetary limits on the jurisdiction of the Territorial Court in a proceeding brought under this Act. SNWT 2008,c.7,s.11.

Enforcement alternatives

13.

The Administrator may commence any proceedings that would be available to a recipient to enforce a filed maintenance order including, but without limiting the generality of this power, one or more of the following:

(a) proceedings for garnishment;

(b) proceedings to attach deposit accounts under section 16.1, registered plans under section 16.2 or wages under section 17 or 18;

(c) proceedings to obtain a writ of execution;

(d) proceedings to have property seized pursuant to a writ of execution;

(e) proceedings to realize on any bond or security deposited under this or any other Act;

(f) proceedings to bring a person in default before the Territorial Court for a default hearing under sections 23 and 24;

(g) proceedings to obtain a restraining order under section 27;

(h) proceedings to obtain an order for the arrest of an absconding payor under section 28;

(i) proceedings for the imposition of a penalty under this Act.

SNWT 2008,c.7,s.12; SNWT 2017,c.20, s.6(3),(4).

Financial Statement

Request to file financial statement

13.1.

(1) If a payor is in arrears under a filed maintenance order, the Administrator may serve the payor with a notice requesting that he or she complete and file with the Administrator a financial statement including the information and documents required by the regulations.

Inclusion of contact information

(2) In addition to the information and documents required by the regulations, a financial statement

(a) must include the following contact information:

(i) the payor’s residential address, telephone numbers, and mailing address if different from the residential address,

(ii) the payor’s work address and work telephone number, if he or she is employed, and

(b) may include other contact information such as a fax number or email address for the payor.

When request may be made

(3) The Administrator may request a financial statement under this section once in any six-month period.

Statement of arrears

(4) A statement of arrears referred to in subsection 23(1) must be served on the payor together with the notice served under subsection (1).

Duty to file

(5) A payor shall file a completed financial statement with the Administrator within 14 days after being served with a notice under subsection (1).

Duty to correct information

(6) A payor who discovers that any information in a financial statement filed with the Administrator was incomplete or wrong at the time that he or she completed the statement, shall deliver the corrected information to the Administrator within 10 days after the discovery.

Duty to update contact information

(7) A payor who files a financial statement under this section shall advise the Administrator in writing of any change in the contact information provided under paragraph (2)(a) or (b) within 10 days after the change.

Order to comply

(8) If a payor fails to comply with a request under subsection (1), the Territorial Court may, on the Administrator’s application, order the payor to comply with the request within the time fixed by the Court.

Warrant for arrest

(9) Where the payor fails to comply with an order under subsection (8), the Territorial Court may issue a warrant in the prescribed form for the arrest of the payor for the purpose of bringing him or her before the Court. SNWT 2008,c.7,s.13; SNWT 2017, c.20,s.6(4),(5).

Payment Conference

Request to attend payment conference

13.2.

(1) On or after acting under section 13.1, the Administrator may, by service of notice on the payor, request that he or she attend a payment conference at the time and place specified in the notice, to review the statement of arrears and the financial statement referred to in section 13.1, and to arrange for payment of the arrears.

Method, time and place for conference

(2) The Administrator and the payor may, by agreement,

(a) conduct the conference by telephone or another means of telecommunication that includes an audio transmission;

(b) change the time or place for the conference; or

(c) adjourn the conference and resume at a later time or a different place.

Lack of cooperation or compliance

(3) If a payor

(a) refuses to participate in a payment conference under this section,

(b) declines to discuss all or part of the information that is or should be included in the statement of arrears or the financial statement, or

(c) fails to comply with arrangements made in a conference under subsection (1) for payment of the arrears,

the Administrator may report the lack of cooperation or compliance to the Territorial Court in any proceedings for enforcement under this Act, and the Court may take the lack of cooperation or compliance into account in making its order. SNWT 2008,c.7,s.13; SNWT 2017,c.20,s.6(4).

Garnishment

SNWT 2008,c.7,s.14

Garnishment

14.

(1) An obligation to pay money under a maintenance order, including arrears of payment under a maintenance order in an amount not exceeding one year’s maintenance at the current rate of maintenance, may be enforced by garnishment in accordance with the Civil Claims Rules of the Territorial Court.

Garnishee summons

(2) On the filing of the material fixed by the rules referred to in subsection (1), the Clerk of the Territorial Court shall issue a garnishee summons.

Recognition of extra- territorial summons

(3) On the filing of a garnishee summons that

(a) is issued outside the Northwest Territories,

(b) states that it is issued in respect of maintenance, and

(c) is written in or accompanied by a sworn or certified translation into English or French,

the Clerk of the Territorial Court shall issue a garnishee summons.

Obligation of garnishee

(4) On service of a garnishee summons, the garnishee shall pay to the Territorial Court or other person, as specified in the notice, any money that is payable by the garnishee to the payor named in the notice, and money as it becomes payable to the payor from time to time after service of the notice, up to the amount shown in the notice. SNWT 2008,c.7,s.15; SNWT 2017,c.20,s.6(4); SNWT 2022,c.4,s.16.

Definition: "co-holder"

14.1.

(1) In this section, "co-holder" means a person who holds a deposit account together with the payor as joint or as joint and several account holders.

Garnishment of joint accounts

(2) Where a garnishee summons is served on a financial institution, the garnishee summons attaches 50% of all money credited to a deposit account held in that financial institution in the name of the payor together with one or more co-holders, or so much of that percentage of the money as is necessary to satisfy the amount set out in the notice.

Duties of financial institution

(3) A financial institution shall, within 10 days after being served with a garnishee summons,

(a) pay the money attached under subsection (2) to the Administrator and, at the same time, notify the Administrator of the names of all co-holders of the deposit account; and

(b) give notice of the garnishment, and of the date on which the garnishee summons was served on the financial institution, to all co-holders of the deposit account.

45-day hold

(4) On receiving a notification from a financial institution under paragraph (3)(a), the Administrator shall hold any money received from the financial institution under subsection (3) for a period of 45 days after the notification is received.

Dispute by co-holder

(5) Within 45 days after the garnishee summons is served on the financial institution, a co-holder of a deposit account that is subject to the garnishment may apply to the Territorial Court by way of notice of motion disputing the garnishment and claiming ownership of all or part of the money that the financial institution has paid to the Administrator.

Release of money from joint account

(6) The Administrator may release the money in accordance with this Act after the expiration of the 45-day period referred to in subsection (4), unless a co-holder of the deposit account serves on the Administrator an application referred to in subsection (5) within that period.

Determination by Territorial Court

(7) Where an application is made by a co-holder under subsection (5), the money paid to the Administrator is presumed to be owned by the payor, and the Territorial Court may only order the return of money to a co-holder if it is satisfied that the co-holder owns that money.

Release of money to recipient

(8) After returning any money ordered by the Territorial Court to be returned to a co-holder, the Administrator shall release any remaining money to the recipient in accordance with this Act.

Action by co-holder against payor

(9) A co-holder may bring an action against the payor to recover

(a) any money owned by the co-holder that was paid to the Administrator under subsection (3); and

(b) any interest that the co-holder would have earned on the money referred to in paragraph (a).

Administrator and recipient not parties

(10) The Administrator and the recipient are not parties to an action under subsection (9). SNWT 2008,c.7,s.16; SNWT 2017,c.20, s.6(3),(4).

Default by garnishee

15.

(1) Where a garnishee fails to pay money that is payable or becomes payable in accordance with the garnishee summons or fails to respond to the summons as provided by the rules referred to in subsection 14(1), the Administrator may apply to the Territorial Court by way of notice of motion.

Order for payment by garnishee

(2) On application under subsection (1), the Territorial Court may order payment by the garnishee of the amount unpaid.

Enforcement of order

(3) Where an order is made under subsection (2),

(a) the order may be enforced in any manner that an order of the Territorial Court may be enforced; and

(b) the Territorial Court may award costs of the order and its enforcement against the garnishee.

SNWT 2008,c.7,s.17.

Fee

16.

(1) No garnishee shall charge a fee for receiving or responding to a garnishee summons.

Priority

(2) Notwithstanding any other enactment, a garnishment of money under this Act has priority over any other garnishment of such money.

Attachment

Attachment of deposit accounts

16.1.

(1) The Administrator may, in accordance with this section, enforce a maintenance order or an order made under paragraph 24(2)(a) by attaching one or more deposit accounts held in a financial institution in the sole name of the payor.

Service of notice of attachment

(2) To attach one or more deposit accounts, the Administrator shall serve the financial institution with a notice of attachment of deposit accounts, in the manner provided for service of documents by the Rules of the Supreme Court.

Money bound

(3) Service of a notice of attachment on a financial institution binds all money that is credited to deposit accounts held in that financial institution in the sole name of the payor identified in the notice, or so much of that money as is necessary to satisfy the amount set out in the notice together with the costs payable in respect of the notice under the regulations.

Service on payor

(4) Where the Administrator serves a notice of attachment of deposit accounts on a financial institution, the financial institution shall serve a copy of the notice on the payor within 15 days after the date of service on the financial institution.

Restrictions

(5) A financial institution that is served with a notice of attachment of deposit accounts shall not pay out money credited to any deposit account of the payor until

(a) the financial institution has complied with the notice as required by subsection (6); or

(b) the Administrator has served a notice on the financial institution withdrawing the notice.

Obligations of financial institution

(6) Within 30 days after being served with a notice of attachment of deposit accounts, a financial institution shall pay to the Administrator

(a) any money standing to the credit of the payor in deposit accounts held in the sole name of the payor, and

(b) any money that may be credited, from time to time after service of the notice, to deposit accounts held in the sole name of the payor,

or so much of the money as is necessary to satisfy the amount set out in the notice together with the costs payable in respect of the notice under the regulations. SNWT 2008,c.7,s.18; SNWT 2017,c.20,s.6(4).

Definitions

16.2.

(1) In this section,

"DPSP" means a deferred profit sharing plan as defined in section 147 of the Income Tax Act (Canada); (RPDB)

"registered plan" means a DPSP, an RRIF or an RRSP; (régime enregistré) "RRIF" means a registered retirement income fund as defined in section 146.3 of the Income Tax Act (Canada); (FERR)

"RRSP" means a registered retirement savings plan as defined in section 146 of the Income Tax Act (Canada); (REÉR)

"trustee" means a person charged with the administration of a registered plan. (fiduciaire)

Attachment of registered plan

(2) The Administrator may, in accordance with this section, enforce a maintenance order or an order made under paragraph 24(2)(a) by attaching one or more registered plans of a payor.

Service of notice

(3) To attach one or more registered plans, the Administrator shall serve the trustee of the plans with a notice of attachment of registered plans, in the manner provided for service of documents by the Rules of the Supreme Court.

Amount bound

(4) Service of a notice of attachment on a trustee binds the amount standing to the credit of the payor in the registered plans of which the trustee is charged with administration, or so much of that money as is necessary to satisfy the amount set out in the notice together with the costs payable in respect of the notice under the regulations.

Service on payor

(5) Where the Administrator serves a notice of attachment of registered plans on a trustee, the trustee shall serve notice on the payor within 15 days after the date of service on the trustee.

Restrictions

(6) A trustee served with a notice of attachment of registered plans shall not pay out money credited to a registered plan of the payor until

(a) the trustee has complied with the notice as required by subsection (7); or

(b) the Administrator has served a notice on the trustee withdrawing the notice.

Obligations of trustee

(7) Within 30 days after being served with a notice of attachment of registered plans, a trustee shall

(a) deduct the total amount of taxes, if any, required to be deducted or withheld as a result of the attachment, from the amount standing to the credit of the payor in the registered plans; and

(b) pay to the Administrator, within seven days after making the deduction referred to in paragraph (a), the amount remaining after the deduction, or so much of that amount as is necessary to satisfy the amount set out in the notice together with the costs payable in respect of the notice under the regulations.

SNWT 2008,c.7,s.18; SNWT 2017,c.20,s.6(4).

Contents of notice of attachment

16.3.

(1) A notice of attachment of deposit accounts or registered plans must state

(a) that it is being served on the financial institution or trustee, as the case may be, under this Act;

(b) that payments made pursuant to the attachment are to be made to the Administrator; and

(c) the penalties for failure to make payments in accordance with this Act.

Claims barred

(2) Where a deposit account or a registered plan is attached under this Act,

(a) the payor has no further claim or entitlement to any money paid out of the deposit account or registered plan in accordance with this Act; and

(b) the financial institution or trustee, as the case may be, is not liable to any person by reason of having made payment to the Administrator in accordance with this Act.

SNWT 2008,c.7,s.18; SNWT 2017,c.20,s.6(4).

Attachment of wages

17.

(1) Where the Administrator wishes to enforce a maintenance order or an order made under paragraph 24(2)(a) by attachment of wages, the Administrator may, in the manner provided for service of documents by the Rules of the Supreme Court, serve two copies of a notice of attachment of wages on the employer of the payor who is named in the notice.

Notice of attachment

(2) A notice of attachment referred to in subsection (1) must

(a) state that the notice is being served on the employer under subsection (1);

(b) include a statement of maintenance obligation certified by the Administrator;

(c) indicate that payments made under the attachment are to be made to the Administrator; and

(d) state the penalties for failure to make payments in accordance with this section.

Copies

(3) The employer shall, as soon as possible, deliver or mail to the payor one copy of the notice of attachment served on the employer under this section.

Obligation of employer

(4) On service of the notice of attachment under subsection (1), the employer shall, subject to the exemption referred to in subsection (5), pay to the credit of the Government of the Northwest Territories and deliver to the Administrator

(a) any money that is payable by the employer to the payor named in the notice, and

(b) any money as it becomes payable to the payor from time to time after service of the notice,

or so much of the money as is necessary to satisfy the amount set out in the statement of maintenance obligation together with the costs payable in respect of the notice under the regulations.

Exemption from attachment

(5) Where wages are owed to a payor who is an employee,

(a) the amount equal to 50% of the wages payable to the employee after the employer has deducted the amounts required to be deducted by or under an Act of Canada or an Act of the Northwest Territories, or

(b) where the amount determined under paragraph (a) is less than the applicable amount that is prescribed for the purposes of this subsection, the applicable prescribed amount,

is exempt from attachment for each calendar month in which the wages are payable and a notice of attachment is in effect.

Effect of payment

(6) Payment by an employer of money in accordance with subsection (4) discharges the obligation of the employer to the payor to the extent of the payment. SNWT 2008,c.7,s.19; SNWT 2017,c.20,s.6(4).

Application

18.

(1) The Administrator may apply to the Territorial Court by way of notice of motion where

(a) a financial institution fails to pay money to the Administrator in accordance with subsection 14.1(3) or 16.1(6), or pays out money in contravention of subsection 16.1(5);

(b) a trustee pays out money in contravention of subsection 16.2(6), or fails to pay money to the Administrator in accordance with subsection 16.2(7); or

(c) an employer fails to pay money that is payable or becomes payable in accordance with subsection 17(4).

Order

(2) On application under subsection (1), the Territorial Court may order the financial institution, trustee or employer, as the case may be, to pay the unpaid amount.

Enforcement of order

(3) Where an order is made under subsection (2),

(a) the order may be enforced in any manner that an order of the Territorial Court may be enforced; and

(b) the Territorial Court may award costs of the order and its enforcement against the financial institution, trustee or employer, as the case may be.

SNWT 2008,c.7,s.19.

Motion to set aside

19.

(1) The payor, recipient or employer may apply to the Territorial Court at any time for an order setting aside the attachment of wages.

Where employment terminated

(2) Where the payor leaves the employer’s employ before the amounts payable under subsection 17(4) have been fully satisfied, the employer shall, as soon as possible, notify the Administrator of this fact.

Motion to set aside attachment of deposit accounts

(3) The payor, recipient, financial institution or trustee may apply to the Territorial Court at any time for an order setting aside the attachment of deposit accounts or registered plans.

Fee

(4) A financial institution, trustee or employer shall not charge a fee for complying with this section or section 16.1, 16.2, 17 or 18. SNWT 2008,c.7,s.20; SNWT 2017,c.20, s.6(3),(4).

Priority of attachment

20.

Notwithstanding any other enactment, an attachment of wages under this Act has priority over any other attachment or assignment of, or claim against such wages.

Termination, discipline

21.

No employer shall terminate the employment of a payor or discipline a payor because the payor or the employer is involved in proceedings under sections 14

to

19.

SNWT 2017,c.20,s.6(4).

Execution

SNWT 2008,c.7,s.21

Filing with Sheriff

22.

(1) The Administrator may file a maintenance order with the Sheriff.

Statement of arrears

(2) The Administrator shall file a statement of arrears with the Sheriff at the same time as a maintenance order is filed under subsection (1).

Further statement

(3) The Administrator may file a further statement of arrears with the Sheriff from time to time.

Writ of execution

(4) A maintenance order filed under subsection (1) is deemed to be a writ of execution for the amount that payment ordered is in arrears from time to time.

Renewal

(5) A statement of arrears filed under this section is deemed to be a renewal of the writ of execution for all purposes.

Priority

(6) Notwithstanding any other enactment, a maintenance order filed under this section takes priority over any other writ of execution for an amount not exceeding one year’s maintenance at the current rate of maintenance.

Variation

(7) Where a maintenance order filed under this section is varied, the variation order may be filed with a Sheriff, and any subsequent statement of arrears filed must be in accordance with the amount of arrears under the maintenance order as varied. SNWT 2008,c.7,s.22.

Registration Against Real Property

Definition: "Registrar"

22.1.

(1) In this section, "Registrar" means the Registrar as defined in the Land Titles Act.

Registration against real property

(2) The Administrator may register a maintenance order in the land titles registry against the real property of a payor, and on registration the obligation under the order becomes a charge on the real property.

Sale of real property

(3) A charge created by subsection (2)

(a) has the same priority as a registered interest based on a mortgage; and

(b) may be enforced by sale of the real property against which it is registered, in the same manner as a sale to realize on a mortgage.

Application to cancel registration

(4) A person against whose real property a maintenance order is registered may apply to the Supreme Court for an order directing the Registrar to cancel the registration of the maintenance order.

Order to cancel registration

(5) On an application under subsection (4), the Supreme Court may make an order directing the Registrar to cancel the registration under subsection 22.1(2) of a maintenance order against all or part of the estates and interests of the payor or any other person, under such terms and conditions the Court considers appropriate. SNWT 2008,c.7,s.23; SNWT 2017, c.20,s.6(4).

Suspension of Driving Privileges

Definitions

22.2.

(1) In this section,

"driver’s licence" means a driver’s licence, as defined by and issued under the Motor Vehicles Act; (permis de conduire)

"Registrar" means the Registrar as defined in the Motor Vehicles Act. (registraire)

Notice of intention

(2) Where

(a) a payor is in arrears under a filed maintenance order, and

(b) the arrears have accrued beyond the prescribed amount or beyond the prescribed period,

the Administrator may notify the payor that if he or she does not, within 30 days after the notification, make arrangements satisfactory to the Administrator to comply with the maintenance order and to pay any arrears, the Administrator intends to direct the Registrar to refuse to issue a driver’s licence to the payor and to suspend any licence held by the payor.

Direction to suspend licence

(3) If the payor does not, within the 30-day period referred to in subsection (2), make arrangements satisfactory to the Administrator to comply with the maintenance order, the Administrator may direct the Registrar to refuse to issue a driver’s licence to the payor and to suspend any licence held by the payor.

Direction to impose conditions

(4) If the Administrator is satisfied that a payor requires a driver’s licence for employment or medical purposes, the Administrator shall direct the Registrar to impose one or both of the following conditions on the licence, as an alternative to suspending or refusing to issue a licence:

(a) the payor shall be restricted to operating a motor vehicle only for employment or medical purposes;

(b) the payor shall be restricted to operating a motor vehicle only during specified hours and in specified areas.

Direction to reinstate or issue

(5) Where a driver’s licence has been suspended or where issuance of a licence is refused under this section, the Administrator shall direct the Registrar to reinstate or issue the licence, as the case may be, if

(a) the payor pays all arrears owing under the maintenance order;

(b) the payor is complying with arrangements made under subsection (3);

(c) the maintenance order is varied and the payor is not in default under the terms of the varied order; or

(d) the maintenance order is withdrawn under section 6 or 6.1.

Direction to terminate conditions

(6) Subsection (5) applies, with the necessary modifications, in respect of the termination of conditions imposed on a driver’s licence under this section.

Court application

(7) A payor may apply to a court for an order

(a) reinstating the payor’s driver’s licence, where the licence is suspended under section 97.1 of the Motor Vehicles Act;

(b) directing that a driver’s licence be issued to the payor, where issuance is refused under section 97.1 of the Motor Vehicles Act; or

(c) terminating or varying conditions imposed on the payor’s driver’s licence under section 97.1 of the Motor Vehicles Act.

Service requirements

(8) An application under subsection (7) must be served on the Administrator and the Registrar.

Grounds for making order

(9) The court may make an order under subsection (7) if satisfied that

(a) all arrears owing under the maintenance order have been paid;

(b) a person’s health is or would be seriously threatened if the payor’s driver’s licence were not reinstated, if a licence were not issued to the payor, or if conditions imposed on the payor’s licence were not terminated or varied; or

(c) the payor requires the driver’s licence, or the termination or variation of conditions imposed on the licence, for employment purposes.

Conditions

(10) If the court makes an order under subsection (7), it may also order the Registrar to impose any conditions on the payor’s driver’s licence that may be imposed under subsection (4).

Conditions for reinstatement

(11) If a payor is in arrears under more than one filed maintenance order, the Administrator shall not direct the Registrar to reinstate a driver’s licence of the payor or to issue a licence to the payor, unless

(a) all the arrears under all the maintenance orders have been paid;

(b) arrangements satisfactory to the Administrator have been made to pay all the arrears under all the maintenance orders, and the payor is in compliance with the arrangements; or

(c) all the arrears under all the maintenance orders are the subject of one or more court orders for payment, and the payor is in compliance with the court orders.

Agreements void

(12) An agreement by the recipient and payor to avoid or prevent the application of this section is void and has no force or effect.

Time of default

(13) This section applies to a default under a maintenance order whether the default occurs before or after the coming into force of this section. SNWT 2008,c.7,s.23; SNWT 2017,c.20, s.6(3),(4),(5),(6).

Default Hearing

Default in payments

23.

(1) Where an obligation to pay money under a filed maintenance order is in default, the Administrator may prepare a statement of the arrears.

Court appearance

(2) The Administrator may, by notice served on the payor together with the statement of arrears referred to in subsection (1), require the payor to file a financial statement with the Administrator and to appear before the Territorial Court to explain the default.

Filing recipient’s statement of arrears

(3) Where

(a) an obligation to pay money under a maintenance order that is not filed with the Administrator is in default, and

(b) the recipient files

(i) a request, and

(ii) a statement of arrears,

the Clerk of the Territorial Court shall, by notice served on the payor together with the statement of arrears, require the payor to file a financial statement and to appear before the Territorial Court to explain the default.

Warrant for arrest

(4) Where the payor fails to file the financial statement or to appear as required by the notice, the Territorial Court may issue a warrant in the prescribed form for the arrest of the payor for the purpose of bringing him or her before the Court. SNWT 2008, c.7,s.24; SNWT 2017,c.20,s.6(3),(4).

Presumptions at hearing

24.

(1) At the default hearing, unless the contrary is shown, the payor shall be presumed to have the ability to pay the arrears and to make subsequent payments under the order, and the statement of arrears prepared and served by the Administrator shall be presumed to be correct.

Powers of court

(2) The Territorial Court may, unless it is satisfied that there are no arrears or that the payor is unable for valid reasons to pay the arrears or to make subsequent payments under the order, make one or more of the following orders requiring that the payor:

(a) discharge the arrears by periodic payments that the Court considers just;

(b) discharge the arrears in full by a specified date;

(c) comply with the order to the extent of the ability of the payor to pay;

(d) provide security in the form that the Court directs for the arrears and subsequent payment;

(e) report periodically to the Court, the Administrator or a person specified in the order;

(f) provide as soon as possible to the Court, the Administrator or a person specified in the order particulars of any future change of address or employment;

(g) be imprisoned continuously or intermittently for not more than 90 days unless the arrears are sooner paid;

(h) be imprisoned continuously or intermittently for not more than 90 days on default in any payment ordered under this subsection.

Accruing of arrears

(3) An order made under paragraph (2)(c) does not affect the accruing of arrears.

Variation

(4) Subject to subsection (5), in addition to any power under this Act, the Territorial Court may, at a default hearing, vary a maintenance order if the Court considers that the circumstances of the payor justify variation.

Exception

(5) The Territorial Court may not vary a maintenance order made by

(a) the Supreme Court; or

(b) a superior, county or district court of another territory or a province.

SNWT 2008,c.7,s.25; SNWT 2017,c.20,s.6(4).

Warrant of committal

25.

(1) Where an order is made under paragraph 24(2)(g) or (h), the Territorial Court in which the order is made shall issue a warrant of committal in the prescribed form directed to a peace officer who shall arrest the person against whom it is issued.

Effect of imprisonment

(2) Imprisonment of a payor under paragraph 24(2)(g) or (h) does not discharge arrears under an order. SNWT 2008,c.7,s.26; SNWT 2017, c.20,s.6(4).

Power to vary order

26.

(1) The Territorial Court may vary an order made under subsection 24(2) if there is a change in the material circumstances of the payor.

Realizing on security

(2) An order for security made under paragraph 24(2)(d) or a subsequent order of the Territorial Court may provide for the realization of the security by seizure, sale or other means, as the Court directs.

Proof of service

(3) Proof of service on the payor of a maintenance order is not necessary for the purpose of a default hearing.

Spouses as witnesses

(4) Spouses are competent and compellable witnesses against each other in a default hearing. SNWT 2008,c.7,s.27; SNWT 2017,c.20,s.6(4).

SNWT 2017,c.20,s.6(7).

EVASION BY PAYOR

Restraining order

27.

The Territorial Court may make an interim or final order restraining the disposition or wasting of assets that may hinder or defeat the enforcement of a maintenance order. SNWT 2008,c.7,s.28.

Joint and several liability

27.1.

(1) Where, in a default hearing under section 24, the Territorial Court determines that the payor has transferred assets or otherwise conferred a benefit on an individual for the purpose of evading an obligation to pay maintenance, and further determines that the individual knew or ought to have known of that purpose, the Court may order that the individual is, to the extent of the value of the assets or benefit, jointly and severally liable with the payor for the maintenance payments and any arrears.

Corporation

(2) Where, in a default hearing under section 24, the Territorial Court determines that

(a) the payor has, for the purpose of evading an obligation to pay maintenance, transferred assets or otherwise conferred a benefit on a corporation, and

(b) any directors or officers of the corporation knew or ought to have known of that purpose,

the Court may order that the corporation and the directors and officers are, to the extent of the value of the assets or benefit, jointly and severally liable with the payor for the maintenance payments and any arrears. SNWT 2008,c.7,s.29; SNWT 2017, c.20,s.6(4).

Setting aside gifts, transfers

27.2.

The Territorial Court may make an order setting aside a gift or transfer of assets if

(a) it appears to the Court that

(i) the payor made the gift or transfer with an intention to evade an obligation to pay maintenance, and

(ii) the person who received the gift or transfer is or was at a material time in a non-arm’s length relationship with the payor; and

(b) the person who received the gift or transfer is not subject to any order made under section 27.1 for joint and several liability in respect of the value of the assets.

SNWT 2008,c.7,s.29; SNWT 2017,c.20, s.6(4),(8).

Arrest of absconding payor

28.

Where it appears that a payor is about to leave the Northwest Territories in order to evade or hinder enforcement of a maintenance order against the payor, the Territorial Court may

(a) issue a warrant in the prescribed form for the arrest of the payor for the purpose of bringing the payor before the Court; and

(b) make any order provided for in subsection 24(2).

SNWT 2008,c.7,s.30; SNWT 2017,c.20,s.6(4).

Definition: "sole corporation"

28.1.

(1) In this section and section 28.3, "sole corporation" means a corporation as defined in the Business Corporations Act in respect of which the payor

(a) is the sole shareholder or the sole director; and

(b) has the sole beneficial interest in the shares of the corporation.

When sole corporation jointly and severally liable

(2) A sole corporation is jointly and severally liable with the payor for payments required under a filed maintenance order if

(a) the payor has defaulted in a payment of maintenance required under the maintenance order;

(b) the Administrator has served a notice on the corporation that he or she intends to apply to the Territorial Court for an order for joint and several liability if the arrears exceed $500 at any time after service of the notice; and

(c) the amount owing by the payor under the maintenance order exceeds $500 at any time after service of the notice under paragraph (b).

Remedies

(3) Where a sole corporation is jointly and severally liable under subsection (2),

(a) the corporation continues to be liable as long as the payor continues to be liable for payments under the maintenance order;

(b) any enforcement proceeding that may be taken against the payor may be taken against the corporation; and

(c) the amount of a payment required under a maintenance order that is paid by or obtained by enforcement against the corporation is enforceable as a debt owed by the payor to the corporation.

Limitation of liability where notice served

(4) Notwithstanding subsection (3), a sole corporation is not liable for payments under a maintenance order that come due on or after the day on which the corporation serves a notice on the Administrator that

(a) indicates that the payor has ceased to be the sole shareholder or director of, and has ceased to have the sole beneficial interest in the shares of, the corporation as of a specified date;

(b) gives the name and address of any person or persons who acquired the shares or beneficial interest of the payor; and

(c) specifies the consideration, if known to the corporation, that the payor received or will receive for the shares or the beneficial interest.

Declaratory order

(5) The Administrator or a corporation that receives a notice served under paragraph (2)(b) may apply to the Territorial Court for an order declaring

(a) whether or not the corporation is a sole corporation within the meaning of this section; and

(b) when the corporation became or ceased to be a sole corporation.

SNWT 2008,c.7,s.31; SNWT 2017,c.20, s.6(4),(9).

Definitions

28.2.

(1) In this section,

"control", in respect of a closely-held corporation, means the holding by or on behalf of one or more persons, either directly or indirectly, other than by way of security only, of shares of the corporation carrying voting rights sufficient to elect a majority of the directors of the corporation; (contrôle)

"closely-held corporation" means a corporation as defined in the Business Corporations Act that is under the control of

(a) the payor, or

(b) the payor and one or more persons who are in a non-arm’s length relationship with, or who are immediate family members of, the payor; (société à peu d’actionnaires)

"immediate family member", in respect of a payor, means a spouse, former spouse, child, sibling, step-sibling, half-sibling or parent of the payor. (membre de la famille immédiate)

Order for joint and several liability

(2) The Administrator may apply to the Territorial Court for an order that a closely-held corporation is jointly and severally liable with a payor for payments required under a filed maintenance order, if

(a) the payor is in arrears of maintenance required under the maintenance order;

(b) the Administrator has served a notice on the corporation that he or she intends to apply to the Court for an order for joint and several liability if the arrears exceed $500 at any time after service of the notice; and

(c) the amount owing under the maintenance order exceeds $500 at any time after service of the notice referred to in paragraph (b).

Liability of closely-held corporation

(3) Where, on an application made under subsection (2), the Territorial Court orders that a closely-held corporation is jointly and severally liable,

(a) the corporation continues to be liable as long as the payor continues to be liable for payments under the maintenance order;

(b) any enforcement proceeding that may be taken against the payor may be taken against the corporation; and

(c) the amount of a payment required under a maintenance order that is paid by or obtained by enforcement against the corporation, is enforceable as a debt owed by the payor to the corporation.

Limitation of liability

(4) Notwithstanding subsection (3), a closely-held corporation is not liable for payments under a maintenance order that come due on or after the day on which the corporation serves a notice on the Administrator that

(a) indicates that the payor has ceased to hold and to have a beneficial interest in any shares of the corporation as of a specified date;

(b) gives the name and address of any person who acquired the shares or the beneficial interest of the payor; and

(c) specifies the consideration, if known to the corporation, that the payor received or will receive for the shares or the beneficial interest.

Declaratory order

(5) The Administrator or a corporation that receives a notice served under paragraph (2)(b) may apply to the Territorial Court for an order

(a) declaring whether or not the corporation is a closely-held corporation within the meaning of this section;

(b) declaring when the corporation became or ceased to be a closely-held corporation; and

(c) requiring a person referred to in paragraph (4)(b) or the payor to pay the consideration referred to in paragraph (4)(c) to the Administrator, to the extent required to discharge any arrears of maintenance.

SNWT 2008,c.7,s.31; SNWT 2017,c.20, s.6(4),(10).

Considerations and reduction of risk

28.3.

For the purposes of an enforcement proceeding under section 28.1 or 28.2, the Territorial Court

(a) shall consider whether a significant risk to the continued solvency of the sole corporation or closely-held corporation arises or will arise as a result of the enforcement proceedings; and

(b) shall, if it is determined that a significant risk has arisen or will arise, proceed in a manner that will reduce the risk while providing for effective enforcement of the maintenance order.

SNWT 2008,c.7,s.31.

Court may order further hearing

28.4.

The Territorial Court may, on an application under subsection 28.1(5) or subsection 28.2(2) or (5),

(a) determine the matter in a summary manner; or

(b) order a further hearing to determine what orders, if any, should be made.

SNWT 2008,c.7,s.31.

APPLICATION OF PAYMENTS

Application of payments

29.

Subject to any court order or direction of the Administrator that requires otherwise, money paid on account of a maintenance order must be credited as follows unless the payor specifies otherwise at the time the payment is made:

(a) firstly, to the current periodic payment;

(b) secondly, to any arrears outstanding;

(c) lastly, to any other amount payable and outstanding.

SNWT 2008,c.7,s.32; SNWT 2017,c.20,s.6(4).

OFFENCES

Failure to provide information or records

29.1.

Every person who contravenes or fails to comply with subsection 9(4) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a period not exceeding six months, or to both. SNWT 2008,c.7,s.32.

Offences by payor

29.2.

Every person who contravenes or fails to comply with subsection 13.1(5), (6) or (7) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a period not exceeding six months, or to both. SNWT 2008, c.7,s.32.

Providing false statement

29.3.

Every person who knowingly

(a) provides false or misleading information, or

(b) produces a false document or item,

to the Administrator commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a period not exceeding six months, or to both. SNWT 2008,c.7,s.32.

Liability of directors and others

29.4.

Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for the offence, whether or not the corporation has been prosecuted or convicted for the offence. SNWT 2008,c.7,s.32.

Vicarious liability

29.5.

In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for or convicted of the offence, unless the accused establishes that

(a) the offence was committed without the knowledge of the accused; and

(b) the accused exercised all due diligence to prevent the commission of the offence.

SNWT 2008,c.7,s.32.

Penalties do not affect maintenance obligations

29.6.

For greater certainty, a penalty imposed for an offence under this Act or under subsection 97.3(1) of the Motor Vehicles Act does not affect any obligation to pay maintenance or the accruing of any arrears under a maintenance order. SNWT 2008,c.7,s.32.

GENERAL PROVISIONS

SNWT 2008,c.7,s.33

Capacity of minor

30.

A minor may commence, conduct and defend a proceeding and initiate and complete steps for enforcement of a maintenance order without the intervention of a guardian ad litem.

Immunity from action

30.1.

The Administrator, an enforcement officer and any other person having powers or duties under this Act or the regulations, shall not be liable for anything done or not done by him or her in good faith in the performance of his or her duties or in the exercise of his or her powers. SNWT 2008,c.7,s.34.

APPEALS

Appeals

31.

(1) An appeal from an order made by a territorial judge under this Act lies to a judge of the Supreme Court.

Time for appeal

(2) An appeal under subsection (1) must be made by notice of appeal given within 30 days after the date on which the decision or order against which the appeal is made was given.

Extension of time

(3) The Supreme Court may, either before or after the expiration of the 30 days referred to in subsection (2), extend the time for giving notice of appeal.

Procedure

(4) An appeal under subsection (1) shall be made in the same manner, with any reasonable modifications that the Supreme Court considers necessary, as an appeal from a decision of the Territorial Court in a civil matter.

Order

(5) On hearing an appeal under subsection (1), the Supreme Court may make any order that might have been made under this Act by the judge whose order is being appealed.

REGULATIONS

Regulations

32.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) respecting the filing and refiling of maintenance orders with the Administrator;

(b) respecting the contents of any form required by this Act, including a notice, a statement of arrears and a financial statement;

(c) respecting requirements to include copies of pay statements, income tax returns and other documents as part of a financial statement;

(d) respecting enforcement measures that the Administrator shall take before he or she may advertise under section 9.1, and prescribing an amount of arrears and a period of time for the purposes of paragraph 9.1(1)(b);

(e) respecting the types of identifying information that may be disclosed, and the types that shall not be disclosed, by the Administrator for the purposes of advertisements referred to in section 9.1;

(f) prescribing an amount of arrears and a period of time for the purposes of subsection 11.1(1);

(g) in respect of a payor who is an employee and each of his or her dependants, prescribing the minimum amount of wages that is exempt from attachment under subsection 17(5);

(h) prescribing the portion of the wages of a payor that is exempt from attachment;

(i) respecting costs that are payable to the Administrator in respect of, and that may be recovered under, a notice of attachment or a notice of garnishment;

(j) prescribing an amount of arrears and a period of time for the purposes of paragraph 22.2(2)(b);

(k) respecting service of documents required to be served under this Act and the giving of notices required to be given under this Act, and respecting when service is deemed to have been effected and when a notice is deemed to have been received;

(l) respecting forms and procedures for making and keeping records as required by this Act;

(m) respecting records to be kept by the Administrator;

(n) prescribing the interest rate and manner of calculating interest on arrears that accrue under maintenance orders, and respecting the charging and collection of such interest by the Administrator on behalf of recipients;

(o) prescribing fees that may be charged by the Administrator in respect of dishonoured cheques;

(p) prescribing any other matter or thing that by this Act may or is to be prescribed; and

(q) respecting any other matter that the Commissioner considers necessary for carrying out the purposes and provisions of this Act.

SNWT 2008,c.7,s.35; SNWT 2017,c.20, s.6(4),(11).