Acts and Regulations

2008-15 - General

Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2008-15
under the
Support Enforcement Act
(O.C. 2008-50)
Filed February 11, 2008
Under section 53 of the Support Enforcement Act, the Lieutenant-Governor in Council makes the following Regulation:
2020, c.24, s.23
Citation
1This Regulation may be cited as the General Regulation - Support Enforcement Act.
2020, c.24, s.23
Definition of “Act”
2In this Regulation, “Act” means the Support Enforcement Act.
2020, c.24, s.23
Delegation
3A delegation or subdelegation made under subsections 4(3) and (4) of the Act shall be made in writing, dated and signed by the person making the delegation or subdelegation.
Sending documents
4(1)A notice, document, request, consent or information shall be provided to the Director or filed with him or her under the Act or the regulations at the Office of Support Enforcement in one of the following ways:
(a) by ordinary mail;
(b) by registered mail;
(c) by prepaid courier;
(d) by electronic transmission; or
(e) by personal delivery.
4(2)The Director may waive the requirements of subsection (1).
4(3)Where the Director provides or sends documents to the payer, beneficiary, income source or third party, the Director may provide or send them to the addressee, at the most recent address on record with the Director, or to that person’s solicitor of record, in one of the following ways:
(a) by ordinary mail;
(b) by registered mail;
(c) by prepaid courier;
(d) by electronic transmission; or
(e) by personal delivery.
2019-40; 2020, c.24, s.23
Procedure before the court or court administrator
5(1)Except where otherwise provided, the Rules of Court apply to proceedings under the Act before the court or the court administrator.
5(2)A Notice of Motion shall be used to commence proceedings under the Act, except in the case of an application under subsection 21(2) of the Act.
5(3)Where the Director initiates or responds to proceedings under the Act, the Director shall have carriage of the proceedings on behalf of the beneficiary.
5(4)The moving party shall serve the Director with notice of any motion under the Act pertaining to a support order filed with the Director.
Service of documents
6(1)Except where provided otherwise, Rule 18 of the Rules of Court applies to the service of documents under the Act and regulations.
6(2)In addition to the methods of service provided in Rule 18 of the Rules of Court, personal service may be made:
(a) by any means by which the sender receives a written or electronic delivery receipt from the addressee or a person authorized to accept the service; or
(b) by registered mail or prepaid courier if the sender receives from the carrier one of the following documents:
(i) a written confirmation attesting that the document was delivered to its destination, or
(ii) a copy of an electronic delivery receipt.
6(3)Despite Rule 18 of the Rules of Court, service shall be made by personal service in the following cases:
(a) a notice of motion;
(b) a notice of hearing issued by the court administrator or an order made by him or her;
(c) a notice under subsection 9(2.1) of the Act;
(d) a declaration under subsection 10.2(3) of the Act;
(e) a notice under paragraph 25(3)(b) of the Act;
(f) a notice under paragraph 25(3)(c) of the Act;
(g) a notice under paragraph 28(2)(b) of the Act; and
(h) a notice under paragraph 29(2)(b) of the Act.
6(4)Subject to subsection (5), service of a document on the Director may be made by service on the Office of Support Enforcement.
6(5)Service of a notice of motion or a notice provided under paragraph 25(3)(b) of the Act shall be made by personal service on the Director or by leaving a copy of the document with an employee of the Office of Support Enforcement in Fredericton.
6(6)Service of a notice under subsection 26(2) or 27(1.1) of the Act may be made by ordinary mail at the most recent address on record with the Director or with the Registrar of Motor Vehicles.
6(7)Despite Rule 18.03(5) of the Rules of Court, service by ordinary mail, registered mail or prepaid courier shall be deemed to be effective 7 days after the document was sent.
6(8)Service by electronic transmission shall be deemed to be effective on the date on which the sender receives an electronic delivery receipt from the addressee or a person authorized to accept the service.
6(9)Service of the notice under paragraph 25(3)(b) of the Act shall be deemed to be effective 17 days after the date of issue of the payment order related to the deposit account set out in the notice.
6(10)Where a time period for a person to act according to the directives contained in a document or respond to a document runs from the day of service, the time shall run from the day that service of the document is deemed to be effective.
2020, c.24, s.23
Filing of support orders
2020, c.24, s.23
7(1)When the court administrator files a support order under subsection 5(1) of the Act, he or she shall stamp a certified copy of the order or a non-certified copy of the order and file it with the Office of Support Enforcement.
7(2)When a beneficiary, a payer or the Minister of Social Development files a support order under subsection 5(2) of the Act, that person shall file the support order or a certified copy of it and a notice of filing of a support order in Form 1 at the Office of Support Enforcement.
2016, c.37, s.187; 2019, c.2, s.142; 2020, c.24, s.23
Information required
8The following information is required from the payer under subsection 8(1) of the Act:
(a) Choice of Method of Payment - Form 2;
(b) Payer Information Form - Form 3;
(c) Notice of Arrangement with Income Source - Form 4, if this method of payment is chosen by the payer; and
(d) Notice of Deposit of Security - Form 5, if this method of payment is chosen by the payer.
Payment method
9The following methods of payment are prescribed under paragraph 8(1)(d) of the Act:
(a) in the case of payment in person, by cash, certified cheque, credit card, debit card or money order;
(b) in the case of payment by mail, by certified cheque or money order; and
(c) by electronic payment.
Withdrawal of support order
2020, c.24, s.23
10The following circumstances are prescribed under paragraph 9(1)(h) of the Act:
(a) the terms of the support order have been satisfied or the support order has expired;
(b) the payer, the beneficiary, or the only dependent under the support order has died;
(c) the payer and the beneficiary reside outside the Province;
(d) at the request of a reciprocal jurisdiction; and
(e) where, in the opinion of the Director, it is impractical to enforce the support order.
2020, c.24, s.23
Refiling of support order
11(1)Subject to subsection (2), subsection 7(2) and section 8 apply to a support order that has been withdrawn and that may be refiled under subsection 9(4) of the Act.
11(2)The Director may require the payer to provide updated information instead of providing a new Form 3.
11(3)If the consent of the Director is required under subsection 9(5) of the Act, the support order may not be refiled before the Director initials his or her consent on the Notice to File.
2020, c.24, s.23
Arrears in dispute
12(1)A dispute of arrears referred to in subsection 10.2(4) of the Act shall:
(a) be signed by the payer;
(b) contain the reasons for the dispute;
(c) show the amount of arrears, if any, that the payer acknowledges to be owing; and
(d) be accompanied by supporting documents.
12(2)The Director shall provide a copy of the dispute to the beneficiary.
12(3)If the payer and the beneficiary agree on the amount of arrears owing under the support order before the hearing date, they shall provide their agreement in writing to the Director who shall record the amount agreed as the arrears owing on the account for that support order.
2020, c.24, s.23
Enforcement of a lesser amount
13The following circumstances are prescribed under subsection 10.3(3) of the Act:
(a) the payer is receiving income assistance;
(b) the payer is incarcerated;
(c) the payer’s income has decreased significantly and the Director is satisfied that the payer has insufficient means to pay the amount of support ordered;
(d) a variation hearing is pending and the Director is satisfied that the payer is actively pursuing the application, that the chances of the payer’s success are reasonable and that the application appears to have been made in good faith; and
(e) the beneficiary consents in writing to a lesser amount of support.
2020, c.24, s.23
Record
14The Director shall keep a record under subsection 11(1) of the Act:
(a) using generally accepted accounting principles and generally accepted auditing standards;
(b) showing all payments due, the amounts received and the amounts paid out;
(c) showing the names of the persons to whom amounts have been paid;
(d) showing the names of the persons from whom amounts have been received;
(e) showing the reason for any adjustment to the record;
(f) showing all amounts held in anticipation of future payments or disbursements; and
(g) containing reasons for which the Director is retaining any amounts.
Access to information
15(1)The Director may require that a response to his or her request under subsection 12(1) of the Act be made verbally, in writing, or by electronic transmission.
15(2)The following provincial information banks are prescribed under subsection 12(3) of the Act:
(a) the registration bank enumerating the beneficiaries and dependants under the Medical Services Payment Act;
(b) the Justice Information System of New Brunswick;
(c) the record of registered owners of motor vehicles under the Motor Vehicle Act;
(d) the record of licensed drivers under the Motor Vehicle Act; and
(e) the Corporate Affairs Registry of Service New Brunswick.
15(3)The Director may access any part of a prescribed information bank that contains the information referred to in subsection 12(1) of the Act and may have incidental access to other information in the information bank, but shall not use or disclose the other information.
Disclosure of information
16(1)Information may be disclosed to a third party in accordance with subsection 14(1) of the Act for the following reasons:
(a) for the enforcement of a parenting order or an interim parenting order;
(b) to facilitate service of an application to vary a support order or parenting order under the Interjurisdictional Support Orders Act, the Family Law Act or the Divorce Act (Canada);
(b.1) to facilitate a recalculation under the Family Law Act;
(c) as required by law;
(d) for enforcement of a judgment by a sheriff;
(e) to facilitate an investigation by the Ombudsman;
(f) to facilitate the verification of the eligibility of a person for assistance under the Family Income Security Act by the Department of Social Development;
(g) to facilitate the verification of the eligibility of a person for benefits under the Medical Services Payment Act by the Department of Health;
(h) for purposes of an investigation related to the enforcement of an enactment;
(i) to protect the health, safety or security of the public or of an individual;
(j) to protect or assert the lawful rights of the Director or those of another public body, including lawful rights against an individual;
(k) to facilitate the administration of a file and for an official to provide information to the Minister of Justice; or
(l) to provide the name of a reciprocating jurisdiction so that a public servant may respond to a complaint made to the Minister or the Ombudsman.
16(2)The following information may be disclosed to a beneficiary in accordance with subsection 14(1) of the Act:
(a) information concerning the efforts of the Director or a reciprocal jurisdiction to enforce the support order or administer the file;
(b) the name of reciprocating jurisdiction under the Interjurisdictional Support Orders Act that is enforcing a support order on behalf of a beneficiary residing in New Brunswick;
(c) if an assignment has been made under section 11.1 of the Family Income Security Act, the support or arrears exigible by the Minister of Social Development;
(d) whether the Crown is entitled to receive any of the support or arrears and if so, the amount, the periods for which the Crown is entitled and any related information;
(e) the time, date and location of any hearings under the Act related to the enforcement of the beneficiary’s support order;
(f) the payment method and date to expect support payments;
(g) the payer’s financial statement and accompanying documents, if the beneficiary is entitled to them under the support order; and
(h) if a payment received for the beneficiary’s account has been apportioned between the beneficiary’s account and another account of the payer or if a payment received under another support order has been apportioned between another account of the payer and the beneficiary’s account.
16(3)The following information may be disclosed to a payer in accordance with subsection 14(1) of the Act:
(a) information concerning the efforts of the Director or a reciprocal jurisdiction to enforce the support order or administer the file, including efforts concerning a corporation that is jointly and severally liable under section 28 or 29 of the Act; and
(b) the name of a reciprocating jurisdiction under the Interjurisdictional Support Orders Act on behalf of which the Director is enforcing a support order.
16(4)Under subsection 14(1) of the Act, the following information may be released to a corporation that is jointly and severally liable under section 28 or 29 of the Act:
(a) information concerning the efforts of the Director or a reciprocal jurisdiction to enforce the support order or administer the file, including efforts concerning the payer; and
(b) information regarding the status of the account.
16(5)Information that may be released to the payer, the beneficiary or to a corporation that is jointly and severally liable under section 28 or 29 of the Act under subsections (2), (3) and (4) may also be released to:
(a) third parties, authorized in writing by the payer, the beneficiary or the corporation; and
(b) a legal representative of the payer, the beneficiary or the corporation if the Director is satisfied that the person is legally authorized to represent the payer, the beneficiary or the corporation.
16(6)Under subsection 14(1) of the Act, in the case of a bankruptcy, the following information may be disclosed to the trustee in bankruptcy of the payer or a corporation:
(a) the name of the payer or the corporation;
(b) the details of the support order;
(c) the amount of arrears; and
(d) the enforcement measures that have been taken.
16(7)The following information is prescribed under paragraph 27(2)(e) of the Act:
(a) the payer’s social insurance number;
(b) the payer’s date of birth;
(c) the payer’s last known address;
(d) the payer’s telephone number at home, at work and any cellular telephone number;
(e) the date the payer was reported to the credit agency for the first time;
(f) the date when enforcement action against the payer was completed;
(g) the status of the payer’s account;
(h) the current balance of the payer’s account;
(i) any generation indicator used by the payer, for example Jr., II;
(j) any alias or other name used by the payer;
(k) the date of the last payment;
(l) the case file number, client identification number and credit agency identification number; and
(m) periodic updates of information.
16(8)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.
2012, c.39, s.143; 2013, c.34, s.35; 2016, c.37, s.187; 2019, c.2, s.142; 2020, c.24, s.23; 2020, c.25, s.110; 2022-11; 2022, c.28, s.53
Payment order
17A payment order under subsection 15(4) of the Act shall be in Form 6 or 7.
Application to revoke
18(1)An application to revoke a payment order under subsection 17(1) of the Act shall
(a) be in writing, dated and signed by the applicant;
(b) contain the applicant’s address for service;
(c) indicate one or the other of the following:
(i) the reasons for which the income source is not or will not become liable to pay a sum of money to the payer; or
(ii) the reasons for which the payment order is founded on a material error;
(d) provide supporting documents.
18(2)An application to revoke a payment order under subsection 17(3) of the Act shall
(a) indicate one or the other of the following
(i) the reasons for which the income source is not or will not become liable to pay a sum of money to the payer; or
(ii) the reasons for which the payment order is founded on a material error; and
(b) provide supporting documents.
18(3)The Director may inform the payer, the beneficiary or the income source if the Director receives an application under subsection (1).
18(4)The Director may inform the payer, the beneficiary or the income source of the date, time and location of a court hearing under subsection 17(3) of the Act.
18(5)A notice of revocation of a payment order under paragraphs 17(2)(a) and (6)(a) and subsection (6.2) of the Act shall be in Form 8.
18(6)A notice of suspension of payment order under paragraph 17(6)(b) of the Act shall be in Form 9.
2019-40
Amendment of payment order
19An amendment to a payment order under section 17.1 of the Act shall be in Form 10.
Application for exemption
20An application for an order exempting an amount of money from deduction under a payment order under subsection 19(1) of the Act shall
(a) be supported by reasons;
(b) be accompanied by a financial statement prescribed in section 26; and
(c) be accompanied by a copy of the support order.
2020, c.24, s.23
Joint accounts
21(1)A notice required by paragraph 25(3)(b) of the Act shall be in Form 11 and shall be accompanied by the payment required by paragraph 25(3)(a) of the Act.
21(2)A notice required by paragraph 25(3)(c) of the Act shall be in Form 11.
21(3)Where deductions have been made from more than one joint account, a notice shall be sent for each account.
21(4)Where an application has been made under subsection 25(4) of the Act, the applicant shall provide the Director with a copy of the Notice of Motion no later than 5 business days after the date the application was filed.
Prescribed amounts
22The following amounts are prescribed:
(a) under paragraphs 26(1)(b) and 26(7)(a) of the Act, the value of 4 months of support;
(b) under paragraph 27(1)(b) of the Act, the value of 3 months of support;
(c) under paragraph 28(2)(c) of the Act, the value of 2 months of support;
(d) under paragraph 29(2)(c) of the Act, the value of 4 months of support.
2020, c.24, s.23
Corporation jointly and severally liable
23A notice of a claim of joint and several liability by a corporation with a payer, as provided under subsection 29(2) of the Act, shall be in Form 12.
Security
24(1)The amount of security prescribed in accordance with paragraph 8(1)(c) of the Act is the value of one month of support.
24(2)The amount of security prescribed in accordance with subsection 37(1) of the Act shall be
(a) the value of one month of support, where the payer has missed one payment or paid late more than once in the preceding 12 months;
(b) the value of one to 3 months of support, where the payer has missed 2 or more payments in the preceding 12 months; or
(c) the value of the total outstanding amount of support owing for the preceding 24 months, where the payer has missed 6 or more payments in that period.
24(3)The security referred to in paragraph 8(1)(c) and section 37 of the Act may be paid, at the discretion of the Director, in instalments, and in the following manner:
(a) in the case of payment in person, by cash, certified cheque, credit card, debit card or money order;
(b) in the case of payment by mail, by certified cheque or money order; and
(c) by electronic payment.
24(4)Where the payer has been in substantial compliance with the support order for a period of 24 consecutive months, the Director, in his or her discretion, may reduce the security imposed under section 37 of the Act to an amount of no less than the value of one month’s support.
2020, c.24, s.23
Foreign currency
25If a support payment is made in foreign currency, the Director shall convert the amount into Canadian money using the rate of exchange on the day of the conversion.
2020, c.24, s.23
Prescribed Financial Statement
26(1)The following forms are prescribed as a financial statement for the purposes of paragraphs 30(1)(a) and (3)(a) and subparagraph 31(1)(a)(i) of the Act:
(a) Form 72J under the Rules of Court, reading “enforcement of an order for support” in the place of “request for support”; and
(b) Parts 1, 5, 6 and 7 of Form 11 of Regulation 2004-4 under the Interjurisdictional Support Orders Act.
26(2)Where a corporation that under subsection 28(2) or 29(2) of the Act is jointly and severally liable with a payer, a financial statement for the purposes of paragraphs 30(1)(a) and (3)(a) and subparagraph 31(1)(a)(i) of the Act includes the most recent audited financial statement of the corporation.
2020, c.24, s.23
Prescribed Information and documents
27The following are prescribed as other information or documents for the purposes of paragraphs 30(1)(b) and (3)(b) and subparagraph 31(1)(a)(ii) of the Act:
(a) a copy of every personal income tax return filed by the payer with the Canada Revenue Agency for each of the 3 most recent taxation years together with the documents filed with each return and a copy of the notice of assessment or reassessment of the Canada Revenue Agency for each year;
(b) if the payer is an employee, a statement of earnings showing the payer’s total earnings to date for the current calendar year, including overtime, or a letter from the payer’s employer setting out that information and including the annual rate of remuneration;
(c) if the payer receives benefits from employment insurance, assistance under the Family Income Security Act, a pension, disability payments, or compensation under the Workers’ Compensation Act, a statement from each applicable source indicating the total amount received from that source during the current year, or if no statement is provided, a letter from the source setting out the required information;
(d) if the payer is self-employed, for the 3 most recent taxation years,
(i) the financial statements of the payer’s business or professional practice, other than as a partner in a partnership, and
(ii) a statement 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 payer does not deal at arm’s length;
(e) if the payer is a partner in a partnership, confirmation of the payer’s income from the partnership, draws from it and the amount of capital invested in the partnership, all for the 3 most recent taxation years;
(f) if the payer is a corporation that is jointly and severally liable with a payer under subsection 28(2) or 29(2) of the Act, for the 3 most recent taxation years,
(i) the audited financial statements of the corporation and its subsidiaries,
(ii) a statement 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 corporation or a related corporation does not deal at arm’s length, and
(iii) details of transactions involving the payer noted in the books of account, records, documents, papers and record-keeping devices, including the share registry, all for the 3 most recent taxation years;
(g) if the payer is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s financial statements, for the 3 most recent taxation years; and
(h) any other documents that are necessary to verify the income set out in the financial statement of the payer.
Certificate
2010, c.21, s.7
28The following forms are prescribed for the purpose of subsection 34(1) of the Act:
(a) Form 1 of the General RegulationFamily Law Act; and
(b) Certificate - Form 13.
2010, c.21, s.7; 2021-22
Prescribed sources
29The prescribed sources under subsection 40(3) of the Act are:
(a) the payer;
(b) a reciprocating jurisdiction under the Interjurisdictional Support Orders Act; and
(c) federal moneys intercepted under Part II of the Family Orders and Agreements Enforcement Assistance Act (Canada).
2020, c.24, s.23
Commencement
30This Regulation comes into force on February 11, 2008.
N.B. This Regulation is consolidated to June 16, 2023.