123(1)Where an amount ordered to be paid under a support order is not paid the court may, upon the application of
(a)
the Minister,
(b)
any person in whose favour the order was made,
(c)
where an amount has been ordered to be paid to a person or agency for the benefit of the dependant, the person to whom the amount was ordered to be paid, or
(d)
where an amount has been ordered to be paid into court or a support order has been filed with the court under section 122.2, the court administrator,
require the person against whom the support order was made
(e)
to file a statement of financial information as prescribed by regulation or the Rules of Court, and
(f)
to appear before the court for the purpose of enforcing the support order.
123(1.1)Where the court requires a person to file a statement of financial information under paragraph (1)(e), the person shall file the statement within fifteen days after being served notice of the requirement to file the financial information.
123(2)Where the Minister is party to any application under subsection (1), a certificate signed or purporting to be signed by the Minister stating
(a)
that assistance or support has been provided by the Minister to or for the benefit of a person named therein,
(b)
that support has or has not been provided by any other person,
(c)
the amount of any such assistance or support, or
(d)
any of the above,
may be adduced in evidence without proof of the signature or appointment of the person signing and, when so adduced, in the absence of evidence to the contrary, is proof of any of the facts stated therein and, where persons named in the certificate have the same name as the persons who are party to the proceeding or persons in respect of whom the proceeding has been taken, that the persons named in the certificate are persons who are party to the proceeding or persons in respect of whom the proceeding has been taken.
123(2.1)Where the appropriate officer of the court makes an application under subsection (1), a computer print-out or a copy of a computer print-out certified as being a true copy of the computer print-out by the appropriate officer of the court,
(a)
showing, as of the date of the print-out, the state of the account, as between the parties to the application, in respect of the payments required to be made under a support order, and
(b)
certified by the appropriate officer of the court as being the record or a copy of the record, as the case may be, in respect of the state of that account as of that date,
is admissible in evidence without proof of the appointment, authority or signature of the appropriate officer of the court signing the certificate and without prior notice to the other party of the intention to submit the computer print-out or copy of it in evidence and, when admitted, in the absence of evidence to the contrary, is proof of the state of the account and, where persons named in the certificate have the same name as the persons who are party to the proceeding or persons in respect of whom the proceeding has been taken, that the persons named in the certificate are persons who are party to the proceeding or persons in respect of whom the proceeding has been taken.
123(3)Where the person required to appear before the court fails to satisfy the court that the default is owing to his or her inability to pay, the court may
(a)
issue a certificate under section 124,
(b)
make a Payment Order under section 125,
(c)
issue a certificate under section 125.1,
(d)
appoint a receiver under section 125.2,
(e)
make an order imprisoning the person in accordance with section 126, or
(f)
make any or all of the above orders.
123(4)On any application under subsection (1), the court may take such action as is authorized under section 118.
123(5)Notwithstanding subsections (1) and (3), where it is alleged in an application that an amount ordered to be paid under a support order has not been paid or is not being paid, the court may act under sections 124, 125, 125.1 and 125.2 without prior notice to the person against whom the support order was made and without a hearing.
123(1)Where an amount ordered to be paid under a support order is not paid the court may, upon the application of
(a)
the Minister,
(b)
any person in whose favour the order was made,
(c)
where an amount has been ordered to be paid to a person or agency for the benefit of the dependant, the person to whom the amount was ordered to be paid, or
(d)
where an amount has been ordered to be paid into court or a support order has been filed with the court under section 122.2, the court administrator,
require the person against whom the support order was made
(e)
to file a statement of financial information as prescribed by regulation or the Rules of Court, and
(f)
to appear before the court for the purpose of enforcing the support order.
123(1.1)Where the court requires a person to file a statement of financial information under paragraph (1)(e), the person shall file the statement within fifteen days after being served notice of the requirement to file the financial information.
123(2)Where the Minister is party to any application under subsection (1), a certificate signed or purporting to be signed by the Minister stating
(a)
that assistance or support has been provided by the Minister to or for the benefit of a person named therein,
(b)
that support has or has not been provided by any other person,
(c)
the amount of any such assistance or support, or
(d)
any of the above,
may be adduced in evidence without proof of the signature or appointment of the person signing and, when so adduced, in the absence of evidence to the contrary, is proof of any of the facts stated therein and, where persons named in the certificate have the same name as the persons who are party to the proceeding or persons in respect of whom the proceeding has been taken, that the persons named in the certificate are persons who are party to the proceeding or persons in respect of whom the proceeding has been taken.
123(2.1)Where the appropriate officer of the court makes an application under subsection (1), a computer print-out or a copy of a computer print-out certified as being a true copy of the computer print-out by the appropriate officer of the court,
(a)
showing, as of the date of the print-out, the state of the account, as between the parties to the application, in respect of the payments required to be made under a support order, and
(b)
certified by the appropriate officer of the court as being the record or a copy of the record, as the case may be, in respect of the state of that account as of that date,
is admissable in evidence without proof of the appointment, authority or signature of the appropriate officer of the court signing the certificate and without prior notice to the other party of the intention to submit the computer print-out or copy of it in evidence and, when admitted, in the absence of evidence to the contrary, is proof of the state of the account and, where persons named in the certificate have the same name as the persons who are party to the proceeding or persons in respect of whom the proceeding has been taken, that the persons named in the certificate are persons who are party to the proceeding or persons in respect of whom the proceeding has been taken.
123(3)Where the person required to appear before the court fails to satisfy the court that the default is owing to his or her inability to pay, the court may
(a)
issue a certificate under section 124,
(b)
make a Payment Order under section 125,
(c)
issue a certificate under section 125.1,
(d)
appoint a receiver under section 125.2,
(e)
make an order imprisoning the person in accordance with section 126, or
(f)
make any or all of the above orders.
123(4)On any application under subsection (1), the court may take such action as is authorized under section 118.
123(5)Notwithstanding subsections (1) and (3), where it is alleged in an application that an amount ordered to be paid under a support order has not been paid or is not being paid, the court may act under sections 124, 125, 125.1 and 125.2 without prior notice to the person against whom the support order was made and without a hearing.