Maintenance Orders Enforcement Regulations

Regulation

Registration: R-068-2009
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Maintenance Orders Enforcement Act

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.

s.1 amended by R-068-2009,s.2 in force July 1, 2009
s.2 amended by R-076-2017,s.2 in force Oct. 4, 2017
s.3 amended by R-068-2009,s.3 in force July 1, 2009
s.3 amended by R-076-2017,s.2,3 in force Oct. 4, 2017
s.4 amended by R-076-2017,s.3 in force Oct. 4, 2017
s.6 amended by R-068-2009,s.4 in force July 1, 2009
s.8 repealed by R-068-2009,s.5 in force July 1, 2009
s.9 amended by R-068-2009,s.6 in force July 1, 2009
s.9 amended by R-076-2017,s.2,3 in force Oct. 4, 2017
s.10 amended by R-068-2009,s.7 in force July 1, 2009
s.10 amended by R-076-2017,s.3 in force Oct. 4, 2017
s.11 amended by R-068-2009,s.7 in force July 1, 2009
s.11 amended by R-076-2017,s.3 in force Oct. 4, 2017
s.12 amended by R-068-2009,s.7 in force July 1, 2009
s.13 amended by R-068-2009,s.7 in force July 1, 2009
s.14 amended by R-076-2017,s.3 in force Oct. 4, 2017
s.15 amended by R-068-2009,s.8 in force July 1, 2009
s.15 amended by R-076-2017,s.3 in force Oct. 4, 2017
s.15.1 amended by R-068-2009,s.9 in force July 1, 2009
s.16 amended by R-068-2009,s.10 in force July 1, 2009
s.17 amended by R-068-2009,s.11 in force July 1, 2009
s.17.1 amended by R-068-2009,s.11 in force July 1, 2009
s.17.1 amended by R-076-2017,s.3 in force Oct. 4, 2017
s.17.1 amended by R-077-2017,s.2 in force Oct. 4, 2017
s.18 amended by R-068-2009,s.12 in force July 1, 2009
s.18 amended by R-076-2017,s.2,3,4 in force Oct. 4, 2017
s.20 amended by R-068-2009,s.13 in force July 1, 2009
s.form_2 amended by R-076-2017, art. 5 in force Oct. 4, 2017

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. Repealed 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 15.1. 15.1 16. 16 17. 17 17.1. 17.1 18. 18 19. 19 20. 20 SCHEDULE FORM 1 (Section 19 of the regulations, FORM

ENFORCEMENT REGULATIONS

In these regulations,

"notice of attachment of deposit accounts" means a notice of attachment of deposit accounts referred to in section 16.1 of the Act;

"notice of attachment of registered plans" means a notice of attachment of registered plans referred to in section 16.2 of the Act;

"notice of attachment of wages" means a notice of attachment of wages referred to in section 17 of the Act. R-068-2009,s.2.

(1) A recipient who files a maintenance order under subsection 5(1) of the Act shall provide to the Administrator

(a) an affidavit that sets out the particulars of all arrears under the order; and

(b) any information that, in the opinion of the Administrator, is required to enforce the order.

(2) Where the Director of Social Assistance files a maintenance order under subsection 5(2) of the Act, the Director shall provide to the Administrator

(a) an affidavit of the recipient that sets out the particulars of all arrears under the order; and

(b) any information that, in the opinion of the Administrator, is required to enforce the order.

R-076-2017,s.2.

A recipient who receives a payment from the payor under a filed maintenance order shall immediately advise the Administrator. R-068-2009,s.3; R-076-2017,s.2,3.

Where a payor tenders to the Administrator, as payment under a maintenance order, an uncertified cheque that is not honoured by the bank of the payor, the Administrator may refuse to accept any other uncertified cheque tendered by the payor. R-076-2017,s.3.

(1) The Administrator shall ensure that a cash receipts journal is maintained for the purpose of recording all moneys received by the Administrator.

(2) The amount received, the date of its receipt, the name of the person from whom it was received and the name of the file maintained by the Administrator on the matter shall be recorded in the cash receipts journal.

(1) The Administrator shall ensure that a cash disbursements journal is maintained for the purpose of recording all moneys paid out by the Administrator.

(2) The Administrator shall record in the cash disbursements journal

(a) the amount paid out;

(b) the date of the payment;

(d) the name of the file.

R-068-2009,s.4.

The Administrator shall ensure that the transactions entered in the cash receipts journal and the cash disbursements journal are reconciled each month.

Repealed, R-068-2009,s.5.

(1) A notice of attachment of wages must

(a) show the number of days within which the employer must comply with subsection 17(4) of the Act;

(b) list the exemptions and deductions referred to in subsection (2); and

(c) state that a payor, recipient or employer may apply to the Territorial Court at any time for an order setting aside the attachment.

(2) For the purposes of subsection 17(5) of the Act, the applicable prescribed amount of wages exempt from attachment for each calendar month in which the wages that are attached are payable is

(a) $600; and

(b) where the payor has dependent children in his or her custody, a further amount of $80 for each child.

R-068-2009,s.6; R-076-2017,s.2,3.

10.

A notice of attachment of wages shall not be set aside

(a) for irregularity unless there has been substantial non-compliance with the Act and regulations; or

(b) because the payor did not receive from the employer a copy of the notice of attachment of wages. R-068-2009,s.7; R-076-2017,s.3.

11.

An employer who is served with a notice of attachment of wages shall, if requested to do so by the Administrator, provide to the Administrator a statement showing

(a) the period for which any money is payable by the employer to the payor;

(b) the particulars of any exemption or deductions made by the employer from money payable by the employer to the payor; and

12.

Where an employer tenders to the Administrator, as payment under a notice of attachment of wages, an uncertified cheque that is not honoured by the bank of the employer, the Administrator may refuse to accept any other uncertified cheque tendered by the employer. R-068-2009,s.7.

13.

(1) An employer who is served with a notice of attachment of wages shall, in writing, notify the Administrator of any change in the address for service of the employer.

(2) Where an employer who is served with a notice of attachment of wages has more than one place of business and it appears that the money bound by the notice of attachment of wages is or may be payable at a place of business other than the place served, the employer shall immediately notify the person in charge of the place of business at which the money is or may be payable.

(3) Notice given by an employer under subsection (2) is deemed to be given at the time it is received by the person in charge of the place of business or within 48 hours of the service of the notice of attachment of wages on the employer, whichever is the shorter period. R-068-2009,s.7.

14.

Where an employer has given notice under subsection 19(2) of the Act, the employer shall immediately notify the Administrator if the payor re-enters the employ of the employer. R-076-2017,s.3.

15.

Where the Administrator has served a financial institution, trustee or an employer with a notice of attachment, and

(a) the maintenance order has been withdrawn,

(b) all maintenance owing under the maintenance order has been paid, or

the Administrator shall notify the financial institution, trustee or employer of the withdrawal of the notice. R-068-2009,s.8; R-076-2017,s.3.

15.1.

The following costs are payable in respect of notices of attachment:

(a) for a notice of attachment of deposit accounts .................... $200;

(b) for a notice of attachment of registered plans ....................... $200;

R-068-2009,s.9.

16.

A statement of arrears filed under section 22 or subsection 23(3) of the Act, or served under subsection 13.1(4) or 23(2) of the Act, must contain particulars of the arrears. R-068-2009,s.10.

17.

A statement of arrears served under 13.1(4) of the Act or a notice and statement of arrears served under subsection 23(2) of the Act must be served in the manner provided for service of documents by the Rules of the Supreme Court of the Northwest Territories. R-068-2009,s.11.

17.1.

If a payor’s arrears have accrued beyond $3,000 or beyond three months, the Administrator may

(a) advertise to obtain information about the payor under section 9.1 of the Act;

(b) direct a credit report agency to include, in any reports to third parties, information specified by the Administrator under section 11.1 of the Act; and

(c) notify the payor 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 under section 22.2 of the Act.

R-068-2009,s.11; R-076-2017,s.3; R-077-2017,s.2.

18.

A financial statement filed under subsection 13.1(5) or 23(2) of the Act must

(a) be made under oath;

(b) provide the following information:

(i) the full name and address of the payor,

(ii) the social insurance number of the payor,

(iii) the date of birth of the payor,

(iv) the maiden name of the mother of the payor,

(v) the number of the driver’s licence of the payor,

(vi) the present marital status of the payor,

(vii) the name and address of the present spouse of the payor, if other than the recipient,

(viii) the names and ages of any other dependants living with the payor,

(ix) the name, address and business telephone number of the employer of the payor,

(x) a copy of every personal income tax return filed by the payor for each of the three most recent taxation years,

(xi) if the payor is an employee, a copy of the three most recent pay statements indicating the payor’s total earnings for the current calendar year including benefits, or a letter from the payor’s employer setting out that information, including the annual rate of remuneration,

(xii) if the payor is self-employed,

(A) the financial statements of the payor’s business or professional practice, for each of the three most recent taxation years,

(B) statements for each of the three most recent taxation years showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to or on behalf of persons or corporations with whom the payor does not deal at arm’s length, and

(C) copies of all bank account statements and cancelled cheques solely or jointly in the payor’s name for each of the 12 most recent months,

(xiii) where the payor is self-employed in a business that is a proprietorship, partnership or joint venture, the names and addresses of any partners or principals in the business, the business location, the percentage of the business owned by the payor, the net book value of the business, the estimated market value of the business and the yearly income of the payor from the business, including any bonuses, dividends or benefits,

(xiv) where the payor is self-employed with a business that is a corporation, the type of corporation, the position of the payor with the corporation, the total amount of all loans payable by the corporation to the payor and, where the corporation is not a public corporation, the number, class and net book value of shares issued and outstanding and the number, class and net book value of shares owned by the payor,

(xv) a list of the monthly expenses of the payor,

(xvi) a full description, in a manner sufficient to identify asset or liability, of all the assets and liabilities of the payor,

(xvii) a full description, in a manner sufficient to identify the property, of any property of the payor given away, sold, assigned or otherwise transferred within the last 12 months; and

R-068-2009,s.12; R-076-2017,s.2,3,4.

19.

A warrant for arrest issued under subsection 23(4) or section 28 of the Act must be in Form 1 of the Schedule.

20.

A warrant of committal issued under subsection 25(1) of the Act must be in Form 2 of the Schedule. R-068-2009,s.13.

SCHEDULE

FORM 1 (Section 19 of the regulations,

subsection 23(4) and section 28 of the Act)

WARRANT FOR ARREST

TO: ALL PEACE OFFICERS WITHIN THE NORTHWEST TERRITORIES

1. Name of payor:

2. Address of payor:

3. The payor:

has not filed a financial statement required by the Administrator under subsection 23(2) of the Act;

has not appeared before the Territorial Court as required by the Administrator under subsection 23(2) of the Act; or

appears to be about to leave the Northwest Territories in order to evade or hinder enforcement of a maintenance order.

4. I command you to arrest the payor and bring him or her before the Territorial Court as soon as possible.

DATED at______________ of __________________ in the Northwest Territories,

this ______ day of _______________________________, 20 ___.

________________________________________ Judge of the Territorial Court

FORM

IN THE TERRITORIAL COURT OF

IN THE MATTER OF Orders Enforcement Act, R.S.N.W.T.,

BETWEEN:

- and

BEFORE THE HONOURABLE )

)

IN COURT )

WARRANT OF

UPON hearing from

and upon the appearance of

or her own behalf);

1. Name of payor:

2. Address of payor: Believed to be

3. The payor appeared before the Territorial Court on the

his or her default

under a maintenance order; or

with respect to a payment ordered under subsection

4. The payor failed to satisfy the court that he or she is not

make the payments for which he or she is in default.

5. On , 20 , I ordered that continuously, or

intermittently

for a period of days, of which days

days will be served commencing

TO: ALL PEACE OFFICERS WITHIN THE NORTHWEST

6. I command you to arrest the payor, convey him or her to

deliver the payor, together with this warrant, to the Warden.

ENTERED this day of , 20

Clerk of the Territorial Court

R-076-2017,s.5.

FORMULE

COUR TERRITORIALE DES TERRITOIRES

DANS L’AFFAIRE de la ordonnances alimentaires, R.R.T.N-.O.,

ENTRE :

- et

DEVANT LE JUGE )

)

EN SÉANCE )

MANDAT DE

APRÈS audition de ,

alimentaires, et après comparution de

personnellement);

1. Nom du payeur :

2. Adresse du payeur : supposée

3. Le payeur s’est présenté devant la Cour territoriale le

son défaut

en vertu d’une ordonnance alimentaire; ou

relativement au paiement ordonné en vertu du paragraphe

4. Le payeur a fait défaut de convaincre la cour qu’il n’est

d’effectuer les paiements pour lesquels il est en défaut.

5. Le 20 , j’ai ordonné que

de façon continue;

de façon intermittente;

pour une période de jours, dont

et les jours restants seront purgés à partir

À : TOUS LES AGENTS DE LA PAIX DANS LES TERRITOIRES

6. Je vous ordonne d’arrêter le payeur, de le conduire dans

de le livrer, ainsi que le présent mandat, au gardien.

RENDU LE jour de 20 .

Greffier de la Cour territoriale

R-076-2017, art. 5.