enforcement of maintenance...

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ENFORCEMENT OF MAINTENANCE ORDERS

Margot DynnaWillows Howe & Linka300- 533 Victoria Ave.Regina,Sask. S4N OP8

Ph: 924-8600 Fax: 924-8601

BIOGRAPHICAL INFORMA....ION

Margot Dy"ma. .

Margoteameda B.Admin..with GreafDistinc:tionfrom the University,of Regina in 19,84, ... She earned aLLJ3. from,()sgoode Hall Law School in 1987al1dwascalledto the Saskatchewan Bar in 1988. Margot .practicedwithMcDoug~nReadyfrom1987to,1992. She haspresented at the Bankruptcy seminar for the·JaarAqmissionOourse. She is President of theRegina Women's Network; .a m~mber oftheBoarcHortheSaskatchewan Battered Women's Network; , she was chair olthe CBA Law Day 19a5 Oommittee;and isa lecturer for PLEA.. Margot practices with Willows,. Howe & LinJ<a· in Regina.

i···"\ )

I. INTRODUCTION

Table of Contents

Page

1

D. ENFORCING MAINTENANCE ORDERS - MAINTENANCE

ENFORCEMENT OFFICE OR PRIVATE 1

ID. TOOLS OF MAINTENANCE ENFORCEMENT 3

A. GARNISHMENT 3

1. Notice of Continuing Garnishment 3

2. Notice of Garnishment 5

B. TYPES OF MONIES ATTACHABLE 5

1. Provincial Crown Payments 5

) 2. Joint Accounts 7

3. Monies Claimed as Exempt Pursuant to Section 89

Indian Act 7

4. . Pensions 8

(a) Attachment ofPension Payments Pursuant to Any

Provincial Act. 8

(b) Attachment ofPension Payment Pursuant

to Any Federal Act. 9

(c) Attachment ofPension Entitlement by the Director. 10

5. Registered Retirement Savings Plans (RRSPs) 11

6. Saskatchewan Government Insurance Disability Payments 13

7. Payments From the Federal Government 14

)

C.

D.

E.

F.

G.

H.

FAll..URE OF GARNISHEE TO RESPOND

REMOVAL OF GARNISHEE SUMMONS

WRIT OF EXECUTION

Fll..ING OF MAINTENANCE ORDER IN LAND TITLES

DISTRESS

RECEIVER

14

15

15

16

16

16

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IV. EXEMPTIONS

V. DEFAULT HEARINGS

VI. ARREARS OF MAINTENANCE - LIMITATIONS

VII. DIRECTOR'S ABll..ITY TO CANCEL DRIVER'S LICENSES

VIII. FEDERAL INFORMATION APPLICATIONS

IX. CONCLUSION

17

18

20

21

22

23

x. SCHEDULES A

A. An Act to Amend The Enforcement of Maintenance Orders Act

B. Notice of Continuing Garnishment xiii

C. Notice of Variaton xiv

D. Notice of Garnishment xvi

E. Family Orders and Agreements Enforcement Act xviii

)

F. Application: Interception of Federal Monies for Family Orders

and Agreements Enforcement xxxiv

G. Withdrawal of Garnishee Summons xl

H. Writ of Execution xli

I. Notice of Maintenance Writ xlii

J. Summons xliii

K. Default Hearing - Notice of Motion, Orders, etc. xliv

I. INTRODUCTION

I

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The Enforcement ofMaintenance Orders Act, S.S. 1984-85-86 c.E-9.2 (the "MEO

Act") and The Reciprocal Enforcement ofMaintenance Orders Act, 1983, S.S. 1983

C. R-4.1 (the "RMEO Act") have far surpassed civil debt enforcement in ease of use,

effectiveness and scope. Maintenance enforcement is not confined to such technical

requirements as service of a garnishee summons within five (5) days of a pay period

on every pay period, and the need to continuously re-issue garnishee summons and

serve them. Ease of maintenance enforcement in Saskatchewan has contributed to a

high proportion of maintenance orders being enforced. The following are tools of

maintenance enforcement and some of the recent developments in the area. Provincial

amendments (see Schedule "A") to the MEO Act have received final reading but are

not yet proclaimed. The federal government through Bill C-41 is expanding and

amending maintenance enforcement provisions. This legislation has received first

reading only.

II. ENFORCING MAINTENANCE ORDERS

MAINTENANCE ENFORCEMENT OFFICE OR PRIVATE

Section 7 of the MEO Act provides that when a court makes a maintenance order, the

maintenance order is to state that the Director of Maintenance Enforcement (the

"Director") shall enforce the maintenance order and that the amounts owing pursuant

to the order are to be paid to the person to whom it is owed through the office and be

filed by the clerk or local registrar in the Maintenance Enforcement Office (the

"Office") immediately after the maintenance order is made or issued. If the order does

not state this, the Director may on the application of a claimant or a respondent collect

the maintenance order. If the claimant does not wish maintenance to be enforced

through the office a form must be filed opting out. It is possible at any time to

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withdraw the enforcement of the maintenance order from the Office, by the claimant

filing a notice in writing with the court stating that they do not wish to have the

maintenance order flied in the Office. Thereafter the maintenance order can be refiled

but the provincial amendments, when proclaimed, will provide for refiling only with

the consent of the Director. The regulations provide in Section 3 that when a person

makes an application to have his maintenance order enforced in the Office, he must

file a certified copy of the maintenance order, a registration form and an affidavit of

arrears, if any.

The advantages of having the Office collect maintenance are:

a) The saving of the costs of enforcement to the claimant;

b) The Director may demand information pursuant to section 11 of the MEO Act

from any person or public body (including the Crown) related to wages,salaries, other income, assets, liabilities, pension status, location, address andplace of employment. Failure to supply this information allows the Director to

apply for a court order and claim costs. There are limitations on to whom theDirector can disclose this information, but it is possible pursuant to regulation5(1)(c) to disclose it to the claimant when the Director considers theinformation reasonably required. This disclosure does not apply to infonnation

obtained from the Government of Canada except in accordance with anyagreement between the Government of Saskatchewan and the Government of

Canada respecting disclosure. The private practitioner does have the ability toapply to the Court seized with the maintenance order for receipt of federalinformation. (See VIII, Federal Information Applications)

c) The Director may take action unavailable to counsel including suspension of

driver's licenses when the provincial enactments are proclaimed, and collapsing

pension plans and locked in RRSPs and revoking passports when the federalenactments are proclaimed.

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The disadvantages of having maintenance enforced by the Office may be:

i) Subsection 10.1(1) of the MEO Act provides the Director, when collectingarrears owing under a maintenance order, may affix an amount to be applied

towards the arrears by way of continuing garnishment. This amount is fixed in

section 4 of the regulations so as not to exceed the greater of $500.00 per

month or 15% of the respondent's gross monthly income. Such limitation is

not imposed on private counsel;

ii) Section 8 of the MEO Act when the provincial amendments are proclaimed

will provide the Director "may" take any steps that are considered advisable to

enforce maintenance orders. The wording prior to this was that the Director

"shall" take all steps considered advisable to enforce maintenance orders. With

the expanded powers of the Director to revoke licenses and passports, there

will be added stress on the Director's advocacy role for claimants. Claimants

may not be satisfied with the decisions of the Director.

}/

Generally, it would seem to be a vel)' simple matter to collect maintenance on behalf

of a claimant when the respondent is continuously employed with one employer or

easily traceable. However, it would appear to be more beneficial to have the Director

enforce the maintenance order if the respondent is somewhat impecunious, or mobile

between jurisdictions and/or places of employment.

III. TOOLS OF MAINTENANCE ENFORCEMENT

A. GARNISHMENT

1. Notice of Continuing Garnishment

Pursuant to Section 15 of the MEO Act, a notice of continuing garnishment may be

prepared and served in the form prescribed in the regulations. (See attached Schedule

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"B"). Upon service of the notice of continuing garnishment on the garnishee, the

claimant must serve a true copy of the notice of continuing garnishment on the

respondent. The MEO Act does not prescribe the number of days within which this

must be done. As well, there is an obligation on the garnishee to deliver a copy of the

notice of continuing garnishment on the respondent. Failure to do this will not render

the garnishment ineffective. Thereafter, a private practitioner must file a copy of the

notice with proof of service must be filed with the Local Registrar of the court where

the notice requires payments to be made.

The notice of continuing garnishment requires the garnishee to deduct from monies

payable to the respondent the amount of the payment required by the maintenance

order as it becomes due, or the total amount of monies due from the garnishee to the

respondent if it is less than the amount of the required payment. The garnishee has 7

days after making the deduction to pay the amount into court. If the monies payable

by the garnishee are insufficient to satisfy the payment, the amount owing pursuant to

the maintenance order is increased by the deficiency and the next payment by the

garnishee to the claqnant will be attached by this deficiency.

In a continuing garnishment, the Director can request the amount of the arrears he has

set as payable pursuant to section 10.1 (being $500.00 or the lesser of 15% of the

respondent's gross monthly income). A private practitioner appears to only be able to

utilize a continuing garnishee for ongoing payments. When a maintenance order is

varied, the claimant must fue a notice of variation on the garnishee in the form

prescribed in the regulations. (See attached Schedule "e").

)

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2. .Notice of Garnishment

A notice of garnishment may be served in the fonn prescribed in the regulations. (See

attached Schedule "D"). After service of the notice of garnishment on the garnishee,

the claimant must serve the respondent within 30 days or any further time the court

may allow on an application ex parte. It is important that the application be made

prior to the actual service as the court is unable to grant an order validating service

which is outside thirty days nunc pro tunc. See Klyne v. Klyne (1992) 106 Sask. RRR

158 (Q.B.).

Service of the notice of garnishment binds all monies that are due or accruing due

from time to time by the garnishee to the respondent until the full amount set out in

the notice is paid or the notice is withdrawn. Probable cost of the notice of

garnishment can be included. Again, proof of service of the notice of garnishment on

the garnishee and the respondent must be filed by a private practitioner at the Court of

Queen's Bench with the Local Registrar.

B. TYPES OF MONIES ATTACHABLE

1. Provincial Crown Payments

The Crown can be garnisheed for any money due to a respondent other than payments

made pursuant to The Saskatchewan Assistance Act. The notice of continuing

garnishment or notice of garnishment must indicate the department, agency or other

body of the Government of Saskatchewan by which the money is payable, and as

many particulars as possible with respect to the monies due.

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The Regulations provide for the following service provisions:

i) if the money to be garnisheed is owing by a crown corporation other than the

Saskatchewan Government Insurance, the president, manager or secretary of

the corporation;

ii) if the money to be garnisheed is owmg by Saskatchewan Government

Insurance, the president, vice president or any legal officer;

iii) if the money to be garnisheed is owed by a board, agency or commission:

a) the chairman or secretary of the board, agency or commission; and

b) the Minister of Finance, Deputy Minister of Finance or Acting Deputy

Minister of Finance;

iv) if the money to be garnisheed is owing by a department of the Government of

Saskatchewan, the Minister of Finance or Acting Deputy Minister of Finance

and the Minister, Deputy Minister or Acting Deputy Minister of that

department;

v) if the money to be garnisheed is owing by any other entity of the Government

of Saskatchewan, the Minister of Finance, the Deputy Minister of Finance or

Acting Deputy Minister of Finance and the head of the entity;

)

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2. Joint Accounts

Service of the notice of garnishment on a joint account owned by the respondent and

one or more other persons, or joint and several owners, is presumed to be owned by

the respondent and all monies in the account would be attached by section 21. 1 (1) of

the MEO Act. There is no provision in the MEO Act for a third party (or the other

joint owner) to appJy:to set aside a garnishee summons in the event it was truly the

third party's money in the account. Presumably, this would be done by the respondent

when co-operating and, if not, by the inherent jurisdiction of the court to add an

interested party to an action.

)/

3. Monies Claimed as Exempt Pursuant to Section 89 Indian Act

In Bellegarde v. Walker (1987) 57 Sask. R. 197 (Q.B.), the respondent had applied for

an order that his salary was not attachable pursuant to section the Indian Act, R.S.C.

1970 c.I-6. Section 89 of the Indian Act provides that Indian property situate on a

reserve is not subject to attachment. The Court of Queen's Bench found the section

inapplicable when the monies were being attached pursuant to the MEO Act. Mr.

Justice Barclay detennined that the MEO Act was a law of general application and

applied on a reserve pursuant to section 88 of the Indian Act. In the alternative, Mr.

Justice Barclay found that section 89 itself contained a specific exemption for an

Indian garnisheeing an Indian, as it reads:

"Subject to the Act, the real and personal property of an Indian or aBand situated upon a reserve is not subject to charge, pledge, mortgage,attachment, levy, seizure, distress or execution in favour or at theinstance of any person other than an Indian. "

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The practice today is for garnishment measures to be honoured by First Nation Bands

on Indian property on a reserve only if the claimant is a native even in light of

Bellegarde, supra.

4. Pensions

(a) Attachment of Pension Payments Pursuant to Any Provincial Act.

Section 31 of the MEO Act provides:

Notwithstanding any other Act respecting pensions or other

allowances, pension payments, allowances or benefits that are

authorized to be paid pursuant to any Act, or any program under

any Act, are garnishable for the purpose of enforcement of

maintenance orders.

Provincial legislation to be proclaimed provides for consequential amendments

to other acts to ensure consistancy with these provisions including:

The Legislative Assembly Superannuation Act, 1979

The Municipal Employees' Pension Act

The Pension Benefits Act, 1992

The Provincial Court Act

The Saskatchewan Pension Plan Act

The Superannuation (Supplementary Provisions) Act

)

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(b) Attachment of Pension Payment Pursuant to Any Federal Act.

The Garnishment andAttachment ofPension Diversion Act, R.S.C. 1985 c.G-2

(the "GAPD Act") allows for dIe garnishment of pension payments made

pursuant to the Supplementary Retirement Benefits Act, or the Public Service

Pension Adjustment Act and the following:

The Governor's Act,

Lieutenant Governor's Act,

The Superannuation Act,

Members ofParliament Retirement Allowances Act,

Judge's Act, Diplomatic Service (Special) Superannuation Act,

Public Service Superannuation Act,

Civil Service Superannuation Act,

Canadian Forces Superannuation Act,

Defence Services Pension Continuation Act,

Royal Canadian Mounted Police Superannuation Act., Part LRoyal Canadian Mounted Police Pension Continuation Act,

Regulations made by the Governor in Counselor the Treasury Board,

in the opinion of the Minister provide for the payment out of the

consolidated revenue fund pension to be charged to the Public Service

Superannuation Account;Currency, Mint and Exchange Fund Act;

War Veteran's Allowance Act;

Regulations made under Vote 181 of the Appropriation Act; No.5;

An appropriation act of parliament that in the opinion of the Minister,

provides for the payment of a pension calculation on the basis of length

of service of the person to or in respect of which it is granted or is

payable;

Tax Court ofCanada Act.

The defInition of "fmancial support order" in the GAPD Act is:

An order or judgment for maintenance, alimony, support

including an order or judgment for arrears of payments, made

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pursuant to the Divorce Act, R.S.C. 1970 C. B-8 or pursuant to a

law of a province relating to family fmancial support.

This defmition of "financial support order" is more limited than that which

appears in the MEa Act. Paragraph 2(1)(i) of the MEa Act provides:

"Maintenance Order" means a provisions in an order enforceable m

Saskatchewan for the payment of:

i) support, alimony or maintenance;

ii) expenses arising from pre-natal care of a mother or the birth

of a child;

iii) interest on a maintenance order;

iv) legal fees or other expenses arising in relation to a

maintenance order;

and includes an order made pursuant to Section 41 and an agreement

filed in the court pursuant Section 9 of The Family Maintenance Act.

These defmitions do not provide for the collection of arrears. Therefore, in

order to collect on arrears utilizing these provisions, a claimant must obtain an..order setting arrears.

The process for diverting federal pension benefits is to make an application to

the Minister for diversion of the pension benefit, and provide information with

respect to both parties. The amendments contained in Bill C-41 do away with

the requirement of serving a notice of intention to garnishee on the federal

government.

(c) Attachment of Pension Entitlements by the Director.

)

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The provincial amendments to the MEG Act when proclaimed will provide that

the Director may attach pension entitlements. This means the Director can

collapse the pension plan and attach the actual capital in the pension plan prior

to any payments being payable to the respondent. The legislation provides that

the respondent must be in arrears by an amount of not less than 3 month's

payments respecting an obligation under a maintenance· order, and in the

opinion of the Director, all other reasonable steps must have been taken to

enforce the maintenance order.

The Director serves the administrator of the pension with a notice of intention

to collapse the pension plan. The respondent may make an application to the

Court of Queen's Bench preventing this within 30 days of the respondent's

receipt of notification of the Director's intention. The respondent must satisfy

the court that there is not arrears of 3 month's payments, that the Director will

be attaching actual contributions or the employer's actual contributions to the

plan and not the capital of the plan, or that the respondent is receiving a

pension benefit pursuant to the pension plan that the Director is proposing to

attach.

It would appear that if the respondent is receiving the pension the Director is

proposing to attach, it would be open to the Director or any solicitor to attach

the pension payment pursuant to regular garnishment proceedings.

5. Registered Retirement Savings Plans (RRSPs)

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A Registered Retirement Savings Plan can be found in many different varieties. As

time goes on, the number of these grow. If a Registered Retirement Savings Plan

qualifies as "life insurance" pursuant to The Saskatchewan Insurance Act, R.S.S.1978

c.S-26, it will be exempt from attachment pursuant to the MEO Act or if it is a

"locked in" RRSP. In Lofts v. Lofts [1991] 2 W.W.R. 586 (T.D.) a respondent was

$10,777.90 in arrears pursuant to a court order. The respondent had named his three

children as beneficiaries in his retirement savings policy and as it qualified as life

insurance, the policy was exempt pursuant to section 158(2) of The Saskatchewan

Insurance Act.

In Delaire v. Delaire (Unreported judgment of the Saskatchewan Court of Queen's

Bench reported in This Week's Law at QB96365) a claimant who had registered a

Saskatchewan order for maintenance in British Columbia attempted to issue a

garnishee summons and attach a RRSP at a British Columbia bank. The issuance of

the garnishee summons in Saskatchewan was found to be subject to penalty in the

Family Maintenance Enforcement Act in British Columbia. An RRSP was found to

be a trust, and not a debt due or accuring due which would be attachable by a

Gamishee summons. The RRSP would be seizable pursuant to a writ of execution.

However, because the RRSP sites was in British Columbia it was that court which had

jurisdiction to deal with the garnishment.

The amendments to the MEO Act attached as Schedule "A" allow the Director to

attach monies which may have been transferred to a prescribed RRSP or any other

prescribed retirement plan that is registered pursuant to the Income Tax Act. These

amendments are somewhat inconsistent with section 157 of The Saskatchewan

Insurance Act.

)

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6. Saskatchewan Government Insurance Disability Payments

In Minister ofSocial Services v. Cull (1987),58 Sask. R. 98 (Q.B.) a respondent was

a recipient of disability benefits pursuant to The Automobile Accident Insurance Act,

S.S. 1978 c. A-35. The Automobile Accident Insurance Act (the "AAI Act") provided

in section 33 that no benefits were to be assigned, charg~d or attached and further

provided, where there was any conflict or repugnancy, that Act would prevail. Mr.

Justice Scheibel held that the tenns of the MEO Act in section 20(1) provided:

" Notwithstanding any other Act, the Crown may be named as agarnishee and a notice of continuing garnishment or notice ofgarnishment for the purpose of garnishment of any money due to therespondent other than payments made pursuant to The Saskatchewan

Assistance Act or grants made pursuant to any Act."

27(1) also provides:

"Notwithstanding any other Act and subject to subsection (2) and theregulations where proceedings with respect to garnishment are takenpursuant to this Act, no money is exempt from garnishment."

Mr. Justice Scheibel held that the provisions of the MEO Act were so inconsistent and

repugnant to the provisions of the AAI Act, where it was in conflict with the MEO

Act, the payments were attachable.

The Automobile Accident Insurance Act, S.S. 1994 provides in s.184(1) that subject to

the MEO Act income replacement benefits, and benefits are exempt from

garnishment. Therefore the new legislation does specifically provide for the

attachment by the MEO Act.

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7. Payments From the Federal Government

The Family Orders and Agreements Enforcement Assistance Act, (the "FOAE Act")

R.S.C. 1985 c. 4 allows for the garnishment of monies authorized to be paid by Her

Majesty by or under such Acts, Parliament or provisions thereof, or programs

thereunder, as designated by the regulations. A claimant must serve on the Minister

of Justice a garnishee summons, a copy of the court order or agreement containing

support provisions which the garnishee summons relates and an application in the

form prescribed in the regulations. The application is attached hereto as Schedule

"F". This service binds Her Majesty for five years in respect of all garnishee monies

payable to the judgment debtor named in the garnishee summons. A notice of

continuing garnishment will continue after the five years in certain circumstances.

The definition of "support" in Section 2 of the FOAE Act is:

" 'Support provision' means a provision of an order or agreement for

maintenance, alimony, or family fmancial support and includes anyorder for arrears of payments thereof."

c. FAILURE OF GARNISHEE TO RESPOND

If a garnishee fails to pay monies into court or respond to a garnishee, it is open to the

claimant to apply for a Judgment against the garnishee for the amount of default under

the notice of continuing garnishment, or notice of garnishment, together with costs.

To avoid liability, a gaInishee must pay the money into court or file a statement there

is no money owing, or that he has insufficient information to comply with the

)

)

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garnislunent, within 10 days. If the money is not yet due there is still an obligation on

the garnishee to file a statement to that effect. See Dobson v. Lowery (unreported

decision of Saskatchewan Court of Queen's Bench in This Week's Law at Q.B.

96173).

D. REMOVAL OF GARNISHEE SUMMONS

It is open to a respondent to apply to a court to set aside a garnishee summons

pursuant to the MEO Act, if the money owing pursuant to the maintenance order has

been paid, or there is no debt owing by the garnishee to the respondent. In addition,

the claimant may at any time withdraw a notice of garnislunent in the form prescribed

in the regulations. (See attached Schedule "G").

E. WRIT OF EXECUTION

A claimant may enforce a maintenance order by way of writ of execution, by filing a

Praecipe and an affidavit of the claimant setting forth the amounts due under the

maintenance order. The form prescribed in the regulations is attached as Schedule

"H" . The writ is directed to the Sheriff, as other writs are, and registered at the

requested Land Titles Office. In addition, a writ of execution may be filed at the

Personal Property Security Registry.

No property is exempt from seizure pursuant to a writ of execution notwithstanding

any other Act. Again a respondent may make an application and a Judge may specify

the amount of money that is exempt from execution. This would not seem to allow

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for an application for property to be returned to the respondent in specie, such as fann

equipment.

F. FILING OF MAINTENANCE ORDER IN LAND TITLES

A claimant may file a maintenance order in the Land Titles Office of Saskatchewan,

and it binds all land the respondent has or may acquire, and has the same priority as a

registered mortgage. The maintenance order may be enforced by the sale of the land

pursuant to Part 37 of Queen's Bench Rules relating to foreclosure. The Notice of

Maintenance Writ and Continuing Effect of Writ is attached as schedule "I".

G. DISTRESS

The claimant may apply to a Judge of the Court of Queen's Bench for a warrant of

distress for arrears owing pursuant to a maintenance order. The warrant of distress

would be directed to any Sheriff, bailiff or peace officer requiring him to levy on the

goods and chattels of the respondent the money that is in default, together with costs

of distress.

H. RECEIVER

An application may be made to the Court of Queen's Bench by the claimant and if the

Judge considers it just and equitable a Receiver may be appointed to collect monies

pursuant to the maintenance order. A Receiver will deduct its costs from the monies

collected, and thereafter pay the monies owing to the claimant pursuant to the order

and any excess.

)

)

)

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In Grant v. Wolansky (1994) 4 RFL (4th) 365 (Alta. Q.B.) the Director of

maintenance enforcement was appointed as a necena and sequestrator of all the

debtor's real property, shares and loans. The debtor owned significant assets and

willfully refused to pay support over a number ofyears.

IV. EXEMPTIONS

If The Attachment of Debts Act is utilized instead of the MEO Act, the exemptions

allowed to a respondent through other provincial legislation like The Exemption's Act

will apply.

It is presumed in Section 27 that no money is exempt from garnishment

notwithstanding any other Act. However it is possible, pursuant to subsection 27(2)

of the MEO Act, for the respondent to apply to a Judge who may make an order

specifying the amounts of money which are exempt from garnishment. This would be

open to a respondent who was unable to vary the maintenance order and who is in

alTears of maintenance which are being collected by a private practitioner. Service of

a notice of garnishment regarding the aITearS would attach all monies until the total

aITears were paid. It would be prudent to include an application based on this

subsection with an application for variation.

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V. DEFAULT HEARINGS

If the respondent is in default of his obligations pursuant to a maintenance order, a

claimant can file an affidavit of arrears with the Local Registrar of the court in which

the order was made, and the Local Registrar may issue a summons in the manner and

form prescribed in the regulations requiring the respondent to appear at a default

hearing. (The summons is attached as Schedule "l"). The respondent must then file a

fmancial statement and explain why he is not fulfilling his obligations pursuant to the

maintenance order.

If the respondent fails to appear at the default hearing, on an ex parte application the

court may issue a warrant for his arrest for the purpose of bringing him before the

court. At the default hearing, the respondent has the onus of proving his inability to

fulfill the obligations, and if he fails to file a financial statement the court may draw

whatever inference that appears to be reasonable having regards to the circumstances.

The Court of Queen's Bench may:

i) order the respondent to discharge the an'ears by making any periodic payments

that the court considers just;

ii) order the respondent to discharge the arrears in full by a specified date;

iii) order the respondent to pay any pOltion of the amount owing pursuant to the

maintenance order that the court detennines he is able to pay;

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iv) order that the respondent provide security, deposit or bond in any fonn the

court directs for the arrears and subsequent payment;

v) order the respondent to report periodically to the courts, the Director or any

person specified in the order;

vi) order the respondent provide immediately to the court's Director or any person

specified in the order, particulars of any future change of. address or

employment;

vii) order imprisonment of the respondent;

viii) order the respondent pay costs.

Imprisonment does not discharge any arrears owing under the maintenance order, and

can only be for a period of up to 90 days. There is a right of an appeal of these

orders.

Attached as Schedule "L" is a Notice of Motion and subsequent orders made against a

Respondent in a default hearing for the payment of arrears of a maintenance order.

The Respondent was found in contempt and the order provided for a suspended

sentence allowing the payment of the arrears in two installments. Failure to fulfill the

tenns of this order resulted in an order that the respondent be incarcerated for a periOd'

of thiIty days or any lesser number of days if the payment was made. The

Respondent appealed to the Cow1 of Appeal and an order was made staying the order,

and later by handwritten fiat (which is not attached) the appeal was dismissed. Mr.

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Sauer the solicitor for the claimant advises that upon incarceration the Respondent

forthwith paid the arrears.

VI. ARREARS OF MAINTENANCE - LIMITATIONS

There is no jurisdiction on a default hearing to cancel arrears. The respondent must

bring an application in this regard. See Alberding v. Alberding (1989) 74 Sask. R 208

(C.A.). In some jurisdictions, there has been a one (1) year rule respecting the

limitation period for which a claimant can enforce arrears under a maintenance order.

Any arrears over and above the one (1) year was regarded as "hoarding" and generally

a court would not enforce arrears in excess of one year. However, in Saskatchewan,

this rule was rejected as being arbitrary. See Tulik v. Tulik (1983) 28 Sask. R.150

(Q.B.).

More recently, Section 53 of the MEO Act provides that arrears of maintenance are

enforceable for up to ten (10) years after the date the payment became due. Because

of this provision, the arbitrary one year rule was rejected in Perrault v. Unger (1986)

52 Sask. 70 (Q.B.). This has been amended to provide that there is no limitation

period respecting the enforcement of arrears of any payment pursuant to a

maintenance order. This applies to arrears that existed on or before the coming into

force of this section, which is waiting for proclamation.

On applications to extinguish arrears, the courts have been hesitant and have required

the payer to show that they could not have paid during the period of the alTears and

)

)/

- 21 -

have no possibility of payment. See Duncan v. Duncan (1994) 112 Sask. R.274

(Q.B.) and Bulych v. Bulych (1993), 117 Sask. R.157 (Q.B.).

VII. DIRECTOR'S ABILITY TO CANCEL DRIVER'S LICENSES

The Director (upon proclamation of the amendments to the MEO Act) will have the

ability, if a respondent is in arrears in an amount of not less than 3 month's payments

and if in the Director's opinion all reasonable steps have been taken to enforce the

maintenance order, to cancel the driver's license of the respondent. Notice must be

given to the respondent, and the suspension may be canceled when the respondent

makes arrangements satisfactory to the Director to fulfill the obligations under the

maintenance order, or the maintenance order is withdrawn from the Office. The court

can order the Director to cancel the suspension if it is satisfied that the respondent is

not in arrears by 3 months, or that a person's health is or would be seriously

threatened by the suspension. The legislation provides the Director "may" cancel the

license.

In addition, the Director (upon proclamation of Bill C-41) will be able to cancel

federal licenses and passports. Again the respondent must be in persistent arrears,

meaning at least three payments in arrears, or an accumulated arrears of $3,000.00 or

more. The Director then applies to the federal Minister of Justice with the prescribed

information relating to the identity of the respondent, and the support order or support

provisions with an affidavit stating the provincial enforcement service is satisfied the

debtor is in arrears and the provincial enforcement service has made reasonable

- 22-

attempts to enforce the support order and has sent a notice to the debtor at the debtor's

last known address of intention to revoke federal licenses or passport.

Again, the Director can cancel the suspension if the respondent is no longer in arrears,

or is complying with the arrears through a payment plan which the Director considers

reasonable, or if the respondent is unable to pay the ~ount in arrears and the

suspension of the license is not reasonable. A schedule of licenses which can be

canceled appears at the very end of Bill-41.

VIII. FEDERAL INFORMATION APPLICATIONS

The Family Orders and Agreements Enforcement Assistance Act, R.S.c. 1985, c. 4

(the "FOAE Act", attached as Schedule E") provides that a Director of Maintenance

Enforcement, a peace officer investigating for child abduction, or a judge of a court or

any officer thereof may apply to the Minister of Justice to have federal information

banks searched. These include those designated by regulation to be controlled by

Department of National Health and Welfare and Canada Employment and

Immigration. Bill C-41 provides that those controlled by the Department of National

Revenue will be included.

A court having jurisdiction with respect to the enforcement of family provisions may

grant an order on an ex patte application for such application to the Minister of Justice

if it is satisfied:

(a) that reasonable steps have been taken to locate the person; and

\\ /

- 23-

(b) where it is alleged the person has left the province of the court.

The infonnation that may be released is the address of the respondent, and the name

and address of the respondent's employer.

IX. CONCLUSION

Provincial and federal amendments appear to give added powers to the Director to

revoke licenses and collapse pensions. These should be available to private

practitioners at least on the basis of a court application. This would allow claimants

the option to make their own decisions on maintenance enforcement and not be

subject to the discretion of the Director. There is no legislative remedy to appeal the

Director's decisions not to take action, and only limited review for the decision of the

Director to take action.

InE LAW SnC1flY

Schedule "A"1996

CHAPTER 15

An Act to amend The Enforcement ofMaintenance Orders Act andto enact consequential amendments

(Assented to April 30, 1996)

i

HER MAJESTY, by and with the advice and consent of the Legislative Assembly ofSaskatchewan, enacts as follows:

Short title1 This Act may be cited as The Enforcement of Maintenance Orders AmendmentAct, 1996.

S.S. 1984-85.86, c.E·9.2 amended2 The Enforcement ofMaintenance Orders Act is amended in the manner set forthin this Act.

Section 8 amended3 Clause 8(a) is amended by striking out "shall take all" and substituting"may take any".

Section 9 amended4 Section 9 is amended:

(a) in subsection (I):

(i) by striking out "or" after clause (b);

(ii) by adding "or" after clause (c); and

(iii) by adding the following clause after clause (c):

"(d) where it appears to the director that the sum payable underthe maintenance order is not readily verifiable"; and

(b) by adding the following subsections after subsection (3):

"(4) A maintenance order that is withdrawn pursuant to clause (l)(d)may be refiled only with the consent of the director.

"(5) Where a maintenance order has been withdrawn pursuant toclause (l)(d), the claimant or the respondent may apply to the courtrequesting clarification of the sum payable under the maintenanceorder.

"(6) Where an application is made pursuant to subsection (5), thedirector is not required to attend the hearing of the application and isnot to be joined as a party to that application".

1

)

c. 15 ENFORCEMENT OF MAINTENANCE ORDERS 1996ii

New sections 31.1 to 31.95 The following is added after section 31:

"ATTACHMENT OF PENSION ENTITLEMENTS

"Interpretation31.1(1) In this section and in sections 31.2 to 31.6:

(a) 'administrator' means a person charged with the administrationof a pension plan and includes a financial or other institution that issues,underwrites or is a depository of:

(i) benefits;

(ii) moneys that have been transferred to another plan, to aprescribed RRSP or to any other prescribed retirement plan that isregistered pursuant to the Income Tax Act (Canada), includingmoneys transferred before January 1, 1993; and

(iii) moneys earned by those transferred moneys mentioned insuqclause (ii);

(b) 'pension entitlement' means the amount of money in a pensionplan of a respondent that is available for attachment pursuant to thisAct;

(c) 'pension plan' means a pension plan governed by an Act thatpermits a pension entitlement to be attached and iiiciudes:

(i) benefits;

(ii) moneys that have been transferred to another plan, to aprescribed RRSP or to any other prescribed retirement plan that isregistered pursuant to the Income Tax Act (Canada), includingmoneys transferred before January 1,1993; and

(iii) moneys earned by those transferred moneys mentioned insubclause (ii).

(2) Words or phrases used in the definitions in subsection (1) that have beendefined in The Pension Benefits Act, 1992 have the same meaning as in thatAct.

"Pension entitlement may be attached31.2 The director may.enforce a maintenance order by attaching the pensionentitlement of a respondent pursuant to section 31.6 where:

(a) the respondent is in arrears in an amount not less than threemonths' payments respecting an obligation under a maintenance orderthat is filed in the office;

(b) in the opinion of the director, all reasonable steps have been takento enforce the maintenance order;

(c) the director has served the administrator and the respondent with anotice of the director's intention mentioned in section 31.3; and

(d) the respondent has not, prior to the service of a notice ofattachmenton the administrator pursuant to section 31.6, made arrangementssatisfactory to the director to fulfil the obligation under the maintenanceorder.

2

•

1996 ENFORCEMENT OF MAINTENANCE ORDERS c. 15

iii

"Notice of the director's intention

31.3(1) The notice of the director's intention to attach the respondent'spension entitlement is to be in the prescribed form and is to:

(a) direct the administrator to provide the director and the respondent,within 30 days, with information prescribed in the regulations respectingthe respondent's pension entitlement;

(b) notify the respondent, in accordance with the regulations, that therespondent may apply to the court pursuant to section 31.5 within 30days of receipt of the information mentioned in clause (a) for an orderthat the respondent's pension entitlement is not to be attached; and

(c) notify the respondent, in accordance with the regulations, of thecosts, income tax implications and pension reductions that would resultfrom the attachment of the respondent's pension entitlement.

(2) The administrator may provide the information mentioned in clause (lXa)to the respondent at the most recent address for the respondent in theadministrator's records. .

(3) Failure of the administrator to provide the information mentioned inclause (1)(a) to the respondent does not render the attachment ineffective.

"Restrictions

31.4(1) The director shall not enforce a maintenance order by attaching thepension entitlement of a respondent where:

(a) the respondent is a member of a pension plan and:

(i) the respondent is required to make contributions to the planthat the director proposes to attach; or

(ii) the respondent's employer is required by the plan to makecontributions on the respondent's behalf to the plan that thedirector proposes to attach; or

(b) the respondent is receiving a pension benefit pursuant to thepension plan that the director proposes to attach.

(2) Where an administrator is served with a ndtice of the director'sintention, the administrator shall not payout any of the respondent's pensionentitlement at the direction of the respondent until 60 days have elapsedfrom:

(a) if no application is made to the court, the date that the directorreceived the information mentioned in clause 31.3(1)(a); or

(b) if an application is made to the court, the date that the court ordersthat the respondent's pension entitlement may be attached.

"Court application

31.5(1) The court, on application by the respondent, may order that therespondent's pension entitlement is not to be attached where the court issatisfied that:

3

)

c. 15 ENFORCEMENT OF MAINTENANCE ORDERS 1996

iv

)

(a) the respondent is not in arrears in an amount not less than threemonths' payments respecting an obligation under a maintenance orderthat is filed in the office;

(b) the respondent is a member of a pension plan and:

(i) is required to make contributions to the plan that the directorproposes to attach; or

(ii) the respondent's employer is required by the plan to makecontributions on the respondent's behalf to the plan that thedirector proposes to attach; or

(c) the respondent is receiving a pension benefit pursuant to thepension plan that the director proposes to attach.,

(2) A respondent applying to the court shall serve the director and theadministrator with notice of the application.

"Attachment of pension entitlement31.6(1) The director may serve the administrator with a notice ofattachmentof the respondent's pension entitlement in the form prescribed in theregulations where:

(a) an application pursuant to section 31.5:

(i) has not been made to the court by the respondent; or

(ii) has been made to the court by the respondent but the courthas not ordered that the respondent's pension entitlement is not tobe attached; and

(b) not more than 60 days have elapsed from:

(i) ifno application is made to the court, the date that the directorreceived the information mentioned in clause 31.3(1)(a); or

(ii) if an application is made to the court pursuant to section 31.5,the date that the court orders that the respondent's pensionentitlement may be attached.

(2) Where the director serves a notice of attachment, the administratorshall:

(a) immediately deliver, personally or by ordinary mail, a copy of thenotice to the respondent; and

(b) comply with the notice of attachment within 45 days of receivingthe notice.

(3) The administrator may deliver the notice ofattachment to the respondentat the most recent address for the respondent in the administrator's records.

(4) Failure of the administrator to comply with clause (2)(a) does not renderthe attachment ineffective.

4


v

(5) Sections 22 to 24 apply, with any necessary modification, to anadministrator served with a notice of the director's intention to attach therespondent's pension entitlement.

"LICENCE SUSPENSION

"Licence may be suspended

31.7(1) In this section and in sections 31.8 and 31.9:

(a) 'administrator' means the administrator designated pursuant tosection 3 of The Vehicle Administration Act;

(b) 'licence' means driver's licence within the meaning of The VehicleAdministration Act.

(2) The director may direct the administrator to suspend a respondent'slicence where:

(a) the respondent is in arrears in an amount not less than threemonths' payments respecting an obligation under a maintenance orderthat is filed in the office;

(b) in the opinion of the director, all reasonable steps have been takento enforce the maintenance order;

(c) the director has served the respondent with written notice pursuantto subsection 31.8(1) ofthe director's intention to direct the administratorto suspend the respondent's licence; and

(d) after receiving notice pursuant to subsection 31.8(1), the respondenthas not, within-the notice period, made arrangements satisfactory to thedirector to fulfil the obligation under the maintenance order.

"Suspension process

31.8(1) Before directing the administrator to suspend a respondent's licence,the director shall serve the respondent with:

(a) not less than 30 days' written notice by ordinary mail; and

(b) not less than 15 days' written notice by personal service orregistered mail.

(2) Where the director directs the administrator to suspend a respondent'slicence, the administrator shall immediately suspend that licence and therespondent's ability to secure a licence until the administrator has beennotified by the director that the suspension may be cancelled.

(3) The director shall notify the administrator that a suspension may becancelled where:

(a) the respondent has made arrangements satisfactory to the directorto fulfil the oblig:\tion under the maintenance order; or

(b) the maintenance order has been withdrawn pursuant to section 9.

5


vi

)(4) The director may give notice to the administrator for the purpose ofclause 15(2)(g.2) of The Vehicle Administration Act where:

(a) the respondent is evading service; and

(b) the director is unable to effect service pursuant to subsection (1).

"Application to the court31.9(1) The court, on application, may order the administrator to cancel asuspension mentioned in subsection 31.8(2) or not to suspend a respondent'slicence pursuant to that subsection where the court is satisfied that:

(a) the respondent is not in arrears in an amount not less than threemonths' payments respecting an obligation undet: a maintenance orderthat is filed in the office; or

(b) a person's health is or would be seriously threatened by thesuspension.

(2) A person applying to the court shall serve the director with notice of theapplication"•

New section 636 Section 53 is repealed and the following substituted:

"Action for arrears

53(1) Notwithstanding The Limitation ofActions Act, there is no limitationperiod respecting the enforcement of arrears of any payment pursuant to amaintenance order.

(2) Subsection (1) applies only to those arrears that exist on or after thecoming into force of this section".

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

S.S. 1979, c.M·12.1 amended7(1) The Members of the Legislative Assembly Superannuation Act, 1979 isamended in the manner set forth in this section. .

(2) Subsection 37(2) is repealed and the following substituted:

"(2) Notwithstanding any other provision ofthis Act or any other Act, for thepurpose of enforcing a maintenance order as defined in The Enforcement ofMaintenance Orders Act:

(a) payments made pursuant to this Act or any fonner Act or anyannuities provided pursuant to this Act are subject to garnishmentpursuant to that Act;

(b) the entitlement of a person to an allowance pursuant to section 11or 16 is subject to attachment pursuant to that Act; anJ

(c) the amount standing to the credit of a person in the fund is subjectto attachment pursuant to that Act.

6


vii

"(3) Where an amount has been attached pursuant to subsection (2), theMinister of Finance shall deduct from the commuted value to which theperson is entitled:

(a) the cost of complying with the attachment calculated in theprescribed manner;

(b) the total amount of taxes, if any, that are required to be deducted orwithheld as a result of the attachment; and

(c) the lesser of:

(i) the amount attached; and

(ii) the remainder of the person's commuted value.

"(4) Where an amount has been attached pursuant to subsection (2):

(a) the person has no further claim or entitlement to any pension orbenefit pursuant to the plan respecting the amount attached;

(b) the entitlement of the person is to be calculated on the basis of thecommuted value after the attachment or on the amount standing to hisor her credit after the attachment, as the case may be; and

(c) neither the Minister of Finance nor the plan is liable to any personby reason ofhaving made payment pursuant to an attachment mentionedin subsection (2).

"(5) For the purposes ofthis section, 'commuted value' means the value ofbenefits as of a certain date, determined:

(a) on the basis of actuarial assumptions and methods that areadequate and appropriate and in accordance with generally acceptedactuarial principles; and

(b) in accordance with the conditions, if any, that are prescribed in theregulations".

(3) The following clause is added after clause 39(l)(e.l):

"(e.2) for the purposes ofsection 37, governing the manner ofcalculating thecost of complying with an attachment".

R.S.S. 1978, c.M·26 amended8(1) The Municipal Employees' Pension Act is amended in the manner set forth inthis section.


"(2) Notwithstanding any other provision of this Act or any other Act, forthe purpose of enforcing a maintenance order as defined in The EnforcementofMaintenance Orders Act, payments:

(a) that are payable to a member are subject to garnishment pursuantto that Act; and

(b) to which a member is entitled pursuant to section 20 are subject toattachment pursuant to that Act.

7


viii

"(2.1) Where an amount has been attached pursuant to subsection (2), thecommission shall deduct from the commuted value ofthe benefits to which themember is entitled:


(b) the total amount of taxes, ifany, that are required to be deducted orwithheld as a result of the attachment; and

(c) the lesser of:


(ii) the remainder of the commuted value of the member'sbenefits.

"(2.2) Where an amount has been attached pursuant to subsection (2):

(a) the member has no further claim or entitlement to any payment orallowance pursuant to the'plan respecting the amount attached;

(b) the entitlement of the member is to be calculated on the basis of thecommuted value of his or her benefits after the attachment or on theamount standing to his or her credit after the attachment, as the casemay be; and

(c) neither the commission nor the fund is liable to any person byreason of having made payment pursuant to an attachment mentionedin subsection (2)".

(3) The following clause is added after clause 57(l)(h):

"(h.l) for the purposes ofsection 53, governing the manner ofcalculating thecost of complying with an attachment".

s.s. 1992, c.P-6.001 amended9(1) The Pension Benefits Act, 1992 is amended in the manner set forth in thissection.

(2) Section 50 is repealed and the following substituted:

"Enforcement of maintenance orders

50(1) Notwithstanding any other provision of this Act or any other Act, forthe purpose of enforcing a maintenance order as defined in The EnforcementofMaintenance Orders Act, pension benefits that are:

(a) payable to a former member are subject to garnishment pursuant tothat Act; and

(b) payable to a former member at a future date are subject toattachment pursuant to that Act.

(2) Where an amount has been attached pursuant to subsection (I), theadministrator shall deduct from the commuted value of the pension benefitsto which the former member is entitled:


8


ix


(c) the lesser of:


(ii) the remainder of the commuted value of the former member'spension benefits.

(3) Where an amount has been attached pursuant to subsection (1):

(a) the former member has no further claim or entitlement to anypension or benefit pursuant to the plan respecting the amount attached;

(b) the entitlement of the former meml;>er is to be calculated on thebasis of the commuted value of his or her pension benefits after theattachment; and

(c) neither the administrator nor the plan is liable to any person byreason of having made payment pursuant to an attachment mentionedin subsection (l)tt.

(3) The following clause is added after clause 69(l)(g):

"(g.1) for the purposes ofsection 50, governing the manner ofcalculating thecost of complying with an attachmenttt•

R.S.S. 1978 (Supp.), c.P-30.1 amendedlO(1) The Provincial Court Act is amended in the manner set forth in this section.


"(2) Notwithstanding any other provision of this Act or any other Act, forthe purpose of enforcing a maintenance order as defined in The EnforcementofMaintenance Orders Act, a pension:

(a) that is payable to a judge is subject to garnishment pursuant to thatAct; and

(b) to which a judge is entitled pursuant to section 34 is subject toattachment pursuant to that Act.

"(2.1) Where an amount has been attached pursuant to subsection (2), thecommuted value of the pension to which the judge is entitled is reduced by:


(b) the total amount oftaxes, ifany, that are required to be deducted orwithheld as a result of the attachment; and

(c) the lesser of:


(m the remainder of the commuted value of the judge's pension.

"(2.2) Where an amount has been attached pursuant to subsection (2):

9

)


x

(a) the judge has no' further claim or entitlement to any pension orbenefit pursuant to this Act respecting the amount attached;

(b) the judge's pension is to be calculated on the basis of the commutedvalue of his or her pension after the attachment; and

(c) neither the Minister of Finance nor the fund is liable to any personby reason ofhaving made payment pursuant to an attachment mentionedin subsection (2).

"(2.3) For the purposes of this section, 'commuted value' means the valueof benefits as of a certain date, determined on the basis of actuarialassumptions and methods that are adequate and appropriate and in accordancewith generally accepted actuarial principles".

(3) The following clause is added after clause 47(l)(c):

"(c.l) for the purposes ofsection 46, governing the manner ofcalculating thecost of complying with an attachment".

8.8. 1986, c.8·32.2 amended11(1) The Saskatchewan Pension Plan Act is amended in the manner set forth inthis section.

)

"


"(2) Notwithstanding any other provision ofthis Act or any other Act, for thepurpose of enforcing a maintenance order as defined iIiThe Enforcement ofMaintenance Orders Act:

(a) pension benefits, as they become payable, are subject to garnishmentpursuant to that Act; and

(b) the amount standing to the credit of the participant is subject toattachment pursuant to that Act.

"(3) Where an amount has been attached pursuant to subsection (2), theboard shall deduct from the amount standing to the credit of the participant:



(c) the lesser of:


(ii) the amount standing to the credit of the participant.

"(4) Where an amount has been attached pursuant to subsection (2):

(a) the participant has no further claim or entitlement to any pensionbenefits pursuant to the plan respecting the amount attached;

10


xi

(b) the amount standing to the participant's credit is reduced by theamount deducted pursuant to subsection (3); and

(c) neither the board nor the plan is liable to any person by reason ofhaving made payment pursuant to an attachment mentioned in subsection (2)".

(3) The following clause is added after clause 21 (l)(h):

"(h.l) for the purposes of section 19, governing the manner of calculatingthe cost of complying with an attachment".

R.B.S. 1978, c.S·54 amended12(1) The Superannuation (Supplementary Provisions) Act is amended in themanner set forth in this section.

(2) Section 48.1 is amended:

(a) in subsection (1) by adding "and section 48.2" after "section"; and

(b) by repealing subsection (3).

(3) The following section is added after section 48.1:

"Enforcement ofmaintenance orders48.2(1) Notwithstanding any other provision of this Act or any other Act, forthe purpose of enforcing a maintenance order as defined in The EnforcementofMaintenance Orders Act:

(a) a payment made pursuant to a superannuation Act is subject togarnishment pursuant to that Act; and

(b) any amount that is transferable by an employee pursuant tosubsection 43(2.1) and the amount to which the employee would beentitled if the employee had applied for a refund of contributionspursuant to a superannuation Act are subject to attachment pursuant tothat Act.

(2) Where an amount has been attached pursuant to subsection (1), theboard shall deduct from the amount mentioned in clause (l)(b):

(a) the cost of complying with the attachment calculated in accordancewith·the regulations;


(c) the lesser of:


(ii) the remainder of the amount mentioned in clause (l)(b).

(3) Where an amount has been attached pursuant to subsection (1):

(a) the employee has no further claim or entitlement to an allowance orother payment pursuant to this Act respecting the amount attached;

(b) the entitlement of the employee is to be calculated on the basis ofthe remainder of the commuted value after the attachment; and

11

)

)

)


xii

1

I)

(c) neither the board nor the superannuation fund is liable to anyperson by reason of having made payment pursuant to an attachmentmentioned in subsection (1)".

(4) The following clause is added after clause 55(l)(c):

"(c.l) for the purposes of section 48.2, governing the manner of calculatingthe cost of complying with an attachment".

s.s. 1986, c.V-2.1 amended13(1) The Vehicle Administration Act is amended in the manner set forth in thissection.

(2) Subsection 15(2) is amended by adding the following after clause (g):

"(g.l) the administrator, pursuant to subsection 31.8(2) ofThe EnforcementofMaintenance Orders Act, has suspended his or her driver's licence and hisor her ability to secure a driver's licence; or

"(g.2) the administrator has received notice from the Director ofMaintenanceEnforcement pursuant to subsection 31.8(4) ofThe Enforcement ofMaintenanceOrders Act that the person is evading service of a notice mentioned insubsection 31.8(1) of that Act".

(3) Subsection 23(1) is amended:

(a) by striking out "or" after clause (b);

(b) by adding "or" after clause (c); and

(c) by adding the following clause after clause (c):

"(d) where the Director of Maintenance Enforcement has directed theadministrator to suspend a person's driver's licence pursuant to subsection 31.8(2) of The Enforcement ofMaintenance Orders Act".

Coming into force14 This Act comes into force on proclamation.

REGINA. SASKATCliEWAN

Printed by the authority ofTliE QUEEN'S PRINTER

Copyright©1996

Schedule "B"

ENFORCEMENT OF MAINTENANCE ORDERS ACT - FORMS

APPENDIX

FORMA(Subsection 15(1))

FORM A

xiii

(Court file number and year)IN THE _

JUDICIAL CENTRE OF _

BETWEEN:

CLAIMANT- and-

RESPONDENT-and-

.GARNISHEE

NOTICE OF CONTINUING GARNISHMENT

TAKE NOTICE THAT:

I. This notice is served on you pursuant to section 15 of The Enforcement ofMaintenance Orders Act with respect to the Respondent, _to whom, it is alleged, you are indebted in the following manner:

2. An extra copy of this notice is left with you and you shall deliver or mail it to theRespondent as soon as possible.

3. This Notice binds all money now due and from time to time accruing due from you tothe Respondent at and from the time of service of this Notice on you in priority to anyassignment made after service of this Notice and other garnishments or claim againstsuch money whether made before or after service of this Notice, until the Notice iswithdrawn.

"4. You shall made a deduction from the money now due and from time to timeaccruing due to the Respondent of $ , being the maintenance due for the monthof .

Thereafter, you shall continue to make the deductions of $ each _(month, week, etc.). \

OR

"4. You shall made a deduction from the money now due and from time to timeaccruing due to the Respondent of $ , being the total of:

)/

......-_._-............-

SASK-179 Family Law Statutes (I 994)

)

Schedule "e"

E:-iFORCEMENT OF MAINTENANCE ORDERS ACT - FORMS FOR:'I fl

xiv

FORMB(Subsection 16(5))

NOTICE OF VARIATION OF CONTINUING GARNISHMENT

WHEREAS on the day of , 19_. you were servedwith a Notice of Continuing Garnishment regarding the Respondent• .,;.. _on behalf of the Claimant, _

NOW TAKE NOTICE THAT the maintenance order in respect of which the Notice ofContinuing Garnishment was served has been amended and the deductions that you arerequired to make pursuant to the said Notice are varied as follows: (insert details remonthly paymellts required. commencement date and any adjustments resulting fromprevious overpayments)

AND FURTHER TAKE NOTICE that you continue to be bound by the Notice ofContinuing Garnishment with respect to all matters set out therein and not herebyvaried.

DATED at --:- ' in the Province of Saskatehew:In.this day of --'-_, 19_.

(Signature)

TO:

AND TO:

This document was delivered by _(firm name)

____________________________, and the

)

(bu~·;nes:; address)

address for service is

Lawyer in charge of file:

Telephone No.: _

FORMe

(repealed SR 111/92, s. 5(2»

SASK-181

.

Family Law Statutes (1994)

ENFORCE~IENT OF MAINTENANCE ORDERS ACT - FORMS

(Tu be un separale page)

FORMD

Page 212

xv

NOTICE OF DISPUTE

TAKE NOTICE that the above-named garnishee disputes the garnishment served in thisaction for the following reason:

(011I,» (Siglllllll"')

(NIIII/e)

(A<I<I"'H)

(Tell!plwlle)

SASK-183 Family Law StalUtes (1994)

Schedule "D"

THE SASKATCHEWAN GAZETTE

"4. You shall make a deduction from the money now due andfrom time to time accruing due to the Respondent of$ , being the total of:

(a) the maintenance due for the month of _being $ ; plus(b) the amount to be applied toward the arrears in accordancewith the attached Notice of Arrears Attachment being$-----Thereafter, you shall continue to make the deductions of$ each (month, week, etc.).

OR

"4. You shall make a deduction from the money now due andfrom time to time accruing due to the Respondent of$ , being the amount to be applied toward thearrears in accordance with the attached Notice of ArrearsAttachment.

Thereafter, you shall continue to make deductions of$ each (month, week, etc.)!'.

(2) Form C is repealed.

(3) Form D is repealed and the following substituted:

"

xvi

NOTICE OF GARNISHMENTFonnD(SubSection 17(1))Pogo 1/2

TAKE NOTICE THAT:

1. This Notice Is Hl'Yed on you pursuanl 10 l8Clion 17 01 The Enf_nt of MakJle_ Olflers Act wah resp8Cllo Ihe

Respondenl,__----------.lowhom.Mia all8ged, you arelnd8bled In lhetollowing manner.

2. Thla Notice bindI .. money now due and 11lllI111me 10 lime~ elIefrom you 10 the Respondenl al and from lhe time 01SeMc:eollhisNoticeonyoulnpriorilyloanyaaalgnmenlmadeanlltaemceollhisNoliceandolhergamishrnenlorclUnagainllIhe money whIIher made belore or all., nMoe ollhil NoIic:e. unlIlhe Notice Is wlhdrawn orunlit you have paid $ __

Iothe r-_ot__OlIoo ...__....__..)

3. You aha! pay any amounla desc:rlbed In paragraph 2tolhe lIddreU HI out In par8Ql8llh21rnmedla1ely .,they~cluebyyou 10 lhe RespondenI.

•• You ahaft, wilhln 10 daya oIlhe service oIlhis Notice. notlly Ihe ~~_~~_::-:-_--:"::-:- ___01__0-..,--....._...,...)by Slalemenlln wralng "you do not owelhe Respondent any money.

DATED al •Saaka1chewan, this day 01 ________.19

1.".,."_._.,_01__ 01Iloo)

NOTETAKE NOTICE THAT IF YOU 00 NOT PAY THE AMOUNTS REOUIRED PURSUANT TO THIS NOTICE OR FIlE ASTATEMENT DISPUTINGYOUR L1ASILITYIN THE FORM ATTACHED WITHIN 10 DAYSOFSERVICE, JUDGMENTMAYBE ENTERED AGAINST YOU FOR THE AMOUNT IN DEFAULT WITHOUT FURTHERNOTICE TO YOU.

PAYMENTS MADE BY YOU PURSUANT TO THIS NOTICE DISCHARGE YOUR LIABILITY TO THE RESPONDENTTOTHE EXTENT OF THE AMOUNT PAID.

"......_-> NOVEMBER 6, 1992

Pog.212

xvii

NOTICE OF DISPUTETAKE NOTICE that ,he aboY.named garnishee dispules tile garnishment S8lVed in this action for tile following feason:

(A_")

-=fT':-..,.,.-.-...-iO):-------------------"

Schedule "E"

FEDERAL

FAMILY ORDERS ANDAGREEMENTS ENFORCEMENT

ASSISTANCE ACT

R.S.C. 1985, c. 4 (2nd Supp.)

[am. S.C. 1993, c. 8, SS. 6-18J

SHORT TITLE

Short title1. This Act may be cited as the Family Orders and Agreements Enforcement

Assistance Act.

PART I

RELEASE OF INFORMATION

Interpretation

Definitions2. In this Part,

"access right" means a right, granted in an order or agreement, of access to orvisitation of a child;

"court" means a court having jurisdiction with respect to the enforcement of familyprovisions;

"custody provision" means a provision of an order or agreement awarding custodyof a child;

"family provision" means a support provision, a custody provision or an accessright;

"information bank director" means(a) with respect to any of the information banks controlled by the De

partment of National Health and Welfare that may be searched underthis Part, the Minister of National Health and Welfare, and

(b) with respect to any of the information banks controlled by the Canada

AI-I (Enforcement) (1994-Rel. 3)

xviii

..._._.._-_.-._...•_-------- - - ..........,,:'!!.;'iJ;~::._----.. ........-.'"'"'""_•••- •. - ..•.•.--- '-.-,. -- .~;

'...,

S.3 FEDERAL

xix

Employment and Immigration Commission that may be searchedunder this Part, the Chairman of the Canada Employment and Immigration Commission;

"Minister" means the Minister of Justice;"order" means any order or judgment, or interim order or judgment, relating to

family support, custody or access that is enforceable in a province;"provincial enforcement service" means any service, agency or body designated

in an agreement with a province under section 3 that is entitled under the lawsof the province to enforce family provisions;

"provincial information bank" means a source of information designa!ed in anagreement made under section 3;

"support provision" means a provision of an order or agreement for maintenance,alimony or family financial support and includes any order for arrears of payments thereof.

Federpl-Provincial Agreements

Agreements with provinces for application of Part3. With the approval of the Governor in Council, the Minister may, on behalf

of the Government of Canada, enter into agreements with each of the provincesconcerning the searching for and the release of information under this Part.

Contents of agreements4. Every agreement with a province under section 3 must provide for

(a) the establishment of safeguards in the province for the protection ofinformation released under this Part; and

(b) the designation of the provincial information bank or banks that, subject to this Part, must be searched before information may be releasedunder this Part.

Designation of provincial enforcement services5. The Minister and a province may designate in an agreement made under

section 3 one or more provincial enforcement services for the purposes of thisPart.

Agreements regarding comprehensive pension plans6. With the approval of the Governor in Council, the Minister of National

Health and Welfare may, on behalfof the Government of Canada, enter into anagreement with each province providing a comprehensive pension plan, as definedunder the Canada Pension Plan, for the purpose of obtaining the approval of thatprovince for

(a) the creation, for the purposes of this Act, of an information bank tobe controlled by the Department of National Health and Welfare inrespect of contributors to and beneficiaries under that comprehensivepension plan; and

(b) the release of information under this Part from the information bankreferred to in paragraph (a) and from any other information bank con-

Al·2

.. -- -. _._---_.. -_..._---_._---- ..~.:

- .....--------....·""i!:~~:ioJ·~.·---.........--......-~ .....,~ ...,....-~__~~~;.

:;

) FAMILY ORDERS AND AGREEMENTS ENFORCEMENT S.9

xx

trolled by the Department of National Health and Welfare that containsinformation in respect of contributors to and beneficiaries under thatcomprehensive pension plan.

Applications to Court

Applications to court7. Any person, service, agency or body entitled to have a family provision

enforced may, by ex parte application, request that the court apply for the releaseto the court of information under this Part.

Applications in relation to family provisions8.--(1) An application under section 7 in relation to a family provision must

be accompanied by(a) a certified copy of the order, or a copy of the agreement, containing

the support provision, custody provision or access right to which theapplication relates;

(b) an affidavit in accordance with section 9; and(c) subject to subsection (2), proof, as supplied by the province where

the court seized of the application has jurisdiction, that the provincialinformation banks designated with respect to that province have beensearched for information helpful in locating, as the case may be, theperson who is in arrears under the support provision or the child or'children who is or are the object of the custody provision or accessright.

Where proof not necessary(2) The proof referred to in paragraph (l)(c) is not necessary where the af

fidavit in support of the application discloses that there are reasonable grounds tobelieve that the person, child or children referred to in that paragraph has or haveleft the province of the court seized of the application.

Contents of affidavit9. An affidavit in support of an application under section 7 in relation to a

family provision must(a) allege a breach of the family provision;(b) set out particulars of the breach and identify the person who

(i) where the family provision is a support provision, is in arrears,or

(ii) where the family provision is a custody provision or accessright, is believed to have possession of the child or childrenwho is or are the object of the custody provision or access right;

(c) disclose that reasonable steps have been taken to locate the personwho is in arrears or the child or children who is or are the object ofthe custody provision or access right and that the person, child orchildren have not been located;

Al-3 (Enforcement) (1993-Rel. 2)

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SolO FEDERAL

(d) set out particulars of the reasonable steps referred to in paragraph (c);and

(e) where the affidavit is not accompanied by the proof referred to inparagraph 8( I )(c), disclose that there arc reasonable grounds to believethat the person, child or children referred to in paragraph (c) has orhave left the province of the court seized of the application to whichthe affidavit relates and set out information in support of that belief.

10. [Rp. Soc. 1993, co 8, s. 7]11. [Rp. S.c. 1993, co 8, so 7]

xxi

J

Court shall grant authorization12. A court seized of a valid application under section 7 shall, if it is satisfied

(a) that reasonable steps have been taken to locate the person, child orchildren to whom the application relates, and

(b) where it is alleged that the person, child or children to whom the application relates has or have left the province of the court, that theallegation is based on reasonable grounds,

grant an authorization in writing authorizing any judge of that court or any officerthereof, as the case may be, to apply for the release of information under thisPart. [Am. S.C. 1993, c. 8, s. 8]

Applications for the Release of Information

Applications for the release of information13. Subject to this Part, the following, namely,

(a) a judge of a court or any officer thereof, if authorized to do so undersection 12,

(b) a provincial enforcement service, or(c) a peace officer investigating a child abduction pursuant to section 282

or 283 of the Criminal Code,may apply to the Minister to have the infonnation banks referred to in section 15searched for the infonnation referred to in section 16 and to have any such information found therein released on a confidential basis. [Am. S.C. 1993, c. 8, s. 9]

Form of application14.-(1) An application under section 13 for the release of infonnation must

contain the information and be in the form prescribed by the regulations.

Supporting docuD:lents(2) Where an application under section 13 is made by a person referred to

in paragraph 13(0), the application must be accompanied by(a) a copy of the family provision to which the application relates;(b) the applicant's authorization under section 12;(c) a copy of the affidavit submitted in support of the application for the

authorization; and(d) where the applicant's affidavit does not contain the allegation referred

to in paragraph 9(e), proof, as supplied by the province where the

AI-4

. -_. ----_...._...... _.. _.

FAMILY ORDERS AND AGREEMENTS ENFORCEMENT S.14

coun that granted the authorization has jurisdiction, that the provincialinformation banks designated with respect to that province have beensearched for information helpful in locating the person, child or children to whom the application relates.

Supporting documents for provincial enforcement service(3) Where an application under section 13 is made by a provincial enforce

ment service or a peace officer investigating a child abduction pursuant to section282 or 283 of the Criminal Code, the application must be accompanied by

(a) a copy of the family provision or the information, as the case maybe, to which the application relates; and

(b) an affidavit, signed by an officer of the provincial enforcement servicein accordance with subsection (4) or by the peace officer in accordancewith subsection (5), as the case may be.

Content of affidavit(4) An affidavit submiued by an offieer of a provincial enforcement service

must(a) allege a breach of the family provision;(b) set out particulars of the breach and identify the person who

(i) where the family provision is a support provision, is in arrears,or

(ii) where the family provision is a custody provision or an accessright, is believed to have possession of the child or childrenwho is or are the object of the custody provision or access right;

(c) disclose that reasonable steps have been taken to locate the personwho is in arrears or the child or children who is or are the object ofthe custody provision or access right and that the person, child orchildren has or have not been located;

(d) set out particulars of the reasonable steps referred to in paragraph (c);and

(e) disclose(i) that the provincial information banks designated with respect

to the province of the provincial enforcement service have beensearched for information helpful in locating the person who isin arrears or the child or children who is or are the object ofthe custody provision or access right, or

(ii) that there are reasonable grounds to believe that the person,child or children referred to in subparagraph (i) has or haveleft the province of-the provincial enforcement service, and setout information in support of that belief.

Idem(5) An affidavit submitted by a peace officer must

(a) disclose that reasonable steps have been taken to locate the personagainst whom the information was laid and the child or children al-

xxii

)/

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...--.......... .....

S.15 FEDERAL

leged to have been abducted and that the person, child or childrenhas or have not been located;

(b) set out particulars of the reasonable steps referred to in paragraph (a);and

(c) disclose(i) that the provincial information banks designated with respect

to the province where the information was laid have beensearched for information helpful in locating the person, childor children referred to in paragraph (a), or

(ii) that there are reasonable grounds to believe that the person,child, or children referred to in paragraph (a) has or have leftthe province where the information was laid, and set out information in support of that belief. [Am. S.c. 1993, c. 8, s. 10)

xxiii

Information banks that may be searchedIS. The information hanks that may be searched under this Part arc the in

formation banks designated by the regulations from among the information hankscontrolled by the Department of National Health and Welfare and those controlledby the Canada Employment and Immigration Commission.

Information that may be released16. The information that may be searched for and released under this Part is

(a) the address of the person who, as the case may be,(i) is in arrears under the support provision to which the application

relates,(ii) is believed to have possession of the child or children who is

or are the object of the custody provision or access right towhich the application relates, or

(iii) is believed to have possession of the child or children who isor are the object of the investigation pursuant to section 282or 283 of the Criminal Code to which the application relates;

(b) the name and address of the employer of the person referred to inparagraph (a);

(c) the address of the child or children to whom the application relates;and

(d) the name and address of the employer of every child to whom theapplication relates. '

Processing of Applications

Request to information bank directors17. Forthwith on the receipt of an application under section 13, the Minister

shall transmit a search request to the information bank directors who shall, in accordance with the regulations, cause their designated information banks to besearched forthwith and periodically during the twelve month period immediatelyfollowing the receipt by the Minister of the application. [Am. S.C. 1993, c. 8, s. 11]

Al-6


Transfer of information between information banks18. Subject to the regulations, information in any information banks that may

be searched under this Part may be released by one information bank director tothe other information bank director to assist that other director in conducting asearch under this ParI.

Transmission of information to Minister19. Where information requested in an application under section 13 is found

in an information bank that may be searched under this Part, the information bankdirector of that information bank shall cause to be transmilled to the Minister, inaccordance with the regulations, all information obtained during any search conducled pursuant to section ]7. [Am. S.c. ]993, c. 8, s. 12]

New information19.1 Where new information is obtained during a periodic search, the Minister

shall not release the information to an applicant under section 13 unless the Ministeris satisfied that the applicant still requires the information for the reasons set outin the application. [En. S.C. 1993, c. 8, s. 12]

Release of information to applicant20. The Minister shall release information under this Part to an applicant under

section ]3 only if the Minister is satisfied that the safeguards established by theagreement under section 3 with the province of that applicant are in place.

Exception for security name changes21. No information may be released under this Part in respect of any person

whose identity has been changed for security or law enforcement purposes.

Regulations

Regulations by Governor in Council22. The Governor in Council may make regulations

(a) prescribing the form of an application for the release of informationunder this Part and the information that must be contained therein;

(b) designating, for the purposes of section ]5, the information banks thatmay be searched under this Part;

(c) setting out the manner in which searches for information under thisPart are to be conducted;

(d) prescribing the conditions under which information may be releasedunder section 18 by one information bank director to the other information bank director;

(e) establishing the procedures to be followed for the transmission to theMinister of information' found in any information bank searched underthis Part; and

(f) generally, for carrying out the purposes and provisions of this Part.

xxiv

)

Al-7 (Enforcement) (1993-ReI. 2)

. (

S.23 FEDERAL

PART II

xxv

GARNISHMENT OF FEDERAL MONEYS TO SATISFY SUPPORT ORDERS AND SUPPORT PROVISIONS

Interpretation

Definitions23. In this Part,

"garnishable moneys" means moneys authorized to be paid by Her Majesty byor under such Acts of Parliament or provisions thereof or programs thereunderas are designated by the regulations;

"garnishee summons" includes any document or court order of similar nature;"garnishment" includes attachment;"Her Majesty" means Her Majesty in right of Canada;"judgment debtor" means a person named in a garnishee summons in respect of

whom garnishable moneys are sought to be garnisheed under this Part;"Minister" means the Minister of Justice;"provincial garnishment law" means the law of a province relating to garnishment

as it applies to the enforcement of support orders and support provisions;"support order" means an order or judgment for maintenance, alimony or family

financial support that is enforceable in any province;"support provision" means a provision in an agreement relating to the payment

of maintenance or family financial support that is enforceable by a garnisheesummons under provincial garnishment law.

Garnishment of Her Majesty

Her Majesty may be garnisheed24. Notwithstanding any other Act of Parliament preventing the garnishment

of Her Majesty, Her Majesty may, for the enforcement of support orders and support provisions, be garnisheed in accordance with this Part in respect of all garnishable moneys.

Provincial garnishment law applies25. Subject to section 26 and any regulations made under this Part, garnish

ment under this Part shall be in accordance with provincial garnishment law. [Am.S.c. 1993, c. 8, s. 14]

Inconsistencies with provincial garnishment law26. In the event of any inconsistency between this Part or a regulation made

under this Pari and provincial garnishment law, the provincial garnishment law isoverridden to the extent of the inconsistency.

Location of garnishable moneys27. For the purposes of this Part, garnishable moneys are deemed to be located

AI-8

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)FAMILY ORDERS AND AGREEMENTS ENFORCEMENT S.32

xxvi

in the jurisdiction of every court requested to issue a garnishee summons in respectthereof.

Garnishee Summons

Service binds Her Majesty for five years28. Subject to this Part and the regulations, service of the following documents

on the Minister, namely,(a) a garnishee summons,(b) a copy of the support order or agreement containing the support pro

vision to which the garnishee summons relates, and(c) an application in the form prescribed by the regulations,

binds Her Majesty for five years in respect of all garnishee moneys payable tothe judgment debtor named in the garnishee summons. [Am. S.c. 1993, c. 8, s. 15]

Calculation of five year period29. For the purposes of section 28, the five year period referred to in that

section commences on the expiration of the period prescribed by the regulationsthat immediately follows the service of the garnishee summons on the Minister.[Am. S.C. 1993, c. 8, s. ]5] .

Garnishee Summons of Continuing Effect

Garnishee summons of continuing effect30. Subject to section 31, where a garnishee summons of continuing effect

is served on the Minister under this Part and garnishable moneys become payableto the judgment debtor in the five year period during which Her Majesty is boundby the garnishee summons, Her Majesty shall, at the expiration of that period, continue to be bound in accordance with the garnishee summons in respect of all subsequent payments of garnishable moneys to the judgment debtor that are authorizedby the same Act of Parliament, provision thereof or program thereunder that authorized the payments of the garnishable moneys to the judgment debtor in the periodduring which Her Majesty was originally bound by the garnishee summons. [Am.S.c. 1993, c. 8, s. 15]

Limitation31. Her Majesty shall cease to be bound under section 30 in respect of any

garnishable moneys authorized by any particular Act of Parliament, provisionthereof or program thereunder if no such moneys become payable to the judgmentdebtor for any period of one hundred and eighty consecutive days.

Service of Documents

Time of service32. A garnishee summons served on the Minister has effect only if it is served

on the Minister in the first thirty days following the first day on which it couldhave been validly served on the Minister.

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S.33 FEDERAL

xxvii

Place of service33. Service of documents on the Minister in connection with garnishment pro

ceedings permitted by this Part must be effected at the place specified in the regulations.

Method of service34. In addition to any method of service permitted in accordance with pro

vincial garnishment law, service of documents on the Minister under this Part maybe effected by registered mail or by any other method prescribed in the regulations.

Service by registered mail35. Where service of a document on the Minister under this Part is effected

by registered mail, the document shall be deemed 10 be served on the day of itsreceipt by the Minister.

(Continued on page Al-ll)

AI-tO

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Administrative Procedures

Notice to ministers36. Forthwith after receipt of the documents referred to in section 28, the

Minister shall notify every minister responsible for garnishable moneys of the service thereof and provide each such minister with such information as may be necessary to assist that other minister in determining whether any garnishable moneysare payable to the judgment debtor. [Am. S.C. 1993, c. 8, s. 16]

Initial report by ministers37. Forthwith after being notified pursuant to section 36, each minister re

sponsible for garnishable moneys shall report to the Minister on whether such mon. eys are payable or are foreseeably payable 10 the judgment debtor.

Obligation to monitor and report back38. In addition to reporting under section 37, each minister responsible for

garnishable moneys shall continue to monitor the payments of those moneys theentire time during which Her Majesty.1s bound in respect of payments thereof andreport to the Minister whenever any payments to the judgment debtor become payable or foreseeably payable.

Additional information with every report39. When reporting that garnishable moneys are payable or are foreseeably

payable to the judgment debtor, each minister shall also inform the Minister ofthe amounts payable and the times when those moneys became, or will become,payable.

Right to search information banks40. Subject to the regulations, every minister responsible for garnishable mon

eys is entitled to have any of the information banks that may be searched underPart 1 searched for any information that minister deems necessary to confirm theidentity of any judgment debtor. .

Response to Garnishee Summons

Response time41. The Minister, on behalf of Her Majesty, shall respond to every garnishee

summons within the time prescribed by the regulations.

Methods of response to garnishee summons42. In addition to any method of responding to a garnishee summons permitted

by provincial garnishment law, the Minister may respond to a garnishee summonsby registered mail or by any other method prescribed by the regulations.

Response by registered mail43. Where the Minister responds to a garnishee summons by registered mail,

the receipt issued in accordance with regulations relating to registered mail made

xxviii

A1-ll (Enforcement) (1993-Rel. 2)

5.44 FEDERAL

xxix

under the Canada Post Corporation Act shall be received in evidence and is, unlessthe contrary is shown, proof that the Minister has responded to the garnishee summons.

Discharge of Liability

Effect of payment into court44.-(1) A payment into court by the Minister is, to the extent of the payment,

a good and sufficient discharge of Her Majesty's liability under this Part and underthe legislation governing the garnishable moneys.

Effect of payment to provincial enforcement service(2) Where a payment to a provincial enforcement service as defined in section

2 is p.ermilled under the provincial garnishment law of the province of a provincialenforcement service, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty's liability under this Part and under the legislation governing the garnishablemoneys.

Notice to Judgment Debtor

Notice to judgment debtor.45. Where a garnishee summons is served on the Minister under this Part,

the Minister shall, in the form, within the time and in the manner prescribed bythe regulations, notify the judgment debtor named in the garnishee summons ofthat service. [Am. S.C. 1993, c. 8, s. 17]

46. [Rp. S.C. 1993, c. 8, s. 17]47. [Rp. S.c. 1993, c. 8, s. 17]48. [Rp. S.c. 1993, c. 8, s. 17]

Recovery of Payments

Payments to judgment debtor49. Where a judgment debtor is paid any garnishable moneys to which he is

not entitled by reason of garnishment proceedings permitted under this Part, theamount thereof is a debt due to Her Majesty by the judgment debtor and may berecovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor.

Paymt,lts to party that instituted proceedings50. Subject to section 51, where garnishable moneys are paid under this Part

to or for the benefit of a party that instituted garnishment proceedings permittedunder this Part in excess of the amount that should be paid to or for the benefitof that party, the amount thereof is a debt due to Her Majesty by that party andmay be recovered as such in accordance with the Financial Administration Act orby deduction or set-off against any garnishable moneys payable to or for the benefitof that party under this Part.

A1-12

.._-_.._. _..._----._._--- - ......;.:··:.~.·;;;.~r;..'---..... ~.w••,,_____ ~_ ~_;..;.-- , ,"~~~~ __~~_

\.

)

xxx


Exception51. Where it is determined that the reason for the payment of excess moneys

referred to in section 50 (s that the judgment debtor was not entitled to the garnishable moneys garnisheed under this Part, the amount of the excess is a debtdue to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing thegarnishable moneys garnisheed under this Part.

General

Priority of Her Majesty52. Where a judgment debtor is indebted to

(a) Her Majesty, or(b) Her Majesty in right of a province on account of taxes payable to

any province, and an agreement exists between Canada and the province whereby Canada is authorized to collect the tax on behalf ofthe province,

Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any garnishable moneys thatare payable to the judgment debtor notwithstanding that a garnishee summons inrespect of those moneys has been served on the Minister, and the amount of theindebtedness may be recovered or retained in any manner authorized by law.

Multiple garnishee summonses53. Where more than one garnishee summons is served on the Minister under

this Part in respect of the same judgment debtor and the garnishable moneys payable to the judgment debtor are insufficient to satisfy all the garnishee summonses,payment shall be made on a proportional basis.

No execution against Her Majesty54. No execution shall issue on a judgment given against Her Majesty in gar

nishment proceedings permitted by this Part.

Garnishment Attachment and Pension Diversion Act

Garnishment Attachment and Pension Diversion Act55. In the event that a garnishee summons that binds Her Majesty may be

honoured under'this Part or the Garnishment, Attachment and Pension DiversiollAct, the garnishee summons shall be honoured first under the Garnishment, Attachment and Pension Diversion Act and secondly under this Part.

Prohibitions

Prohibition on disentitlement56. No person may be disentitled or disqualified in respect of any payment

or future payment of garnishable moneys solely on the ground that garnishment

Al-13 (Enforcement) (1993-Rel. 2)

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"... e.~,,~~.. ~ ..__ .._ ............ _

S.57 FEDERAL

xxxi

proceedings permitted by this Part may be or have been taken in respect of thatperson.

Prohibition on dismissal57. No person may be dismissed, suspended or laid off solely on the ground

that garnishment proceedings permitted by this Part may be or have been takenin respect of that person.

Fee

Fee58. A fee in the amount prescribed by the regulations is chargeable in respect

of the processing of every garnishee summons served on the Minister.

Chargeable against judgment debtor59. Subject to any regulations respecting the remittance thereof, the fee

referred to in section 58 is a debt due to Her Majesty by the judgment debtor andmay, subject to section 60, be recovered by deduction or set-off against any garnishable moneys payable to the jUQgment debtor.

Restriction60. The fee referred to in section 58 may not be recovered out of any gar

nishable moneys to be used to honour a garnishee summons.

Regulations

Regulations61. The Governor in Council may make regulations

(a) designating Acts of Parliament, provisions thereof and programs thereunder for the purposes of the definition "garnishable moneys";

(a.l) prescribing the percentage of the amount of garnishable moneys, inrelation to the Act of Parliament or provision thereof or program thereunder by or under which the garnishable moneys are authorized tobe paid, that is to be exempt from the enforcement of support ordersand support provisions;

(b) prescribing the form of the application referred to in paragraph 28(c);(c) prescribing the period of time before which Her Majesty becomes

bound by the service of the documents referred to in section 28;(d) specifying the place where service of documents on the Minister must

be effected. in connection with garnishment proceedings permittedunder this Part;

(e) prescribing the methods in which service of documents in connectionwith garnishment proceedings permitted under this Part may be effected on the Minister;

(f) respecting the conducting of searches for the purposes of this Part ofthe information banks that may be searched under Part I;

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) FAMILY ORDERS AND AGREEMENTS ENFORCEMENT S.65

xxxii

\

)

(g) prescribing the time within which and the methods by which the Minister must respond to garnishee summonses;

(h) prescribing the form of the notification referred to in section 45 andthe time within which and the manner in which it must be sent;

(i) prescribing a fee in respect of the processing of garnishee summonsesand the manner of collecting the fee;

(j) respecting the remission, in whole or in part, of the fee referred toin section 58; and

(k) generally, for carrying out the purposes and provisions of this Part.[Am. S.c. 1993, c. 8, s. 18]

PARTIJI

GENERAL

Release Authorization

Release authorization62. The following information, namely,

(a) information in any information bank that may be searched under PartI, and

(b) information that is necessarily incidental to the garnishment of moneysunder Part II,

may be released for the purposes of this Act notwithstanding any provision in anyAct of Parliament that prohibits or restricts the release of that information.

Prohibition, Offence and Punishment

Prohibition63. No officer or employee of Her Majesty who obtains any information pur

suant to this Act shall, except as provided in this Act, knowingly communicateor knowingly allow to be communicated to any person' any such information orknowingly allow any person to inspect or have access to any statement or otherwriting containing any such information.

Offence and punishment64. Every officer or employee of Her Majesty who contravenes section 63 is

guilty of an offence and liable on summary conviction to imprisonment for a termnot exceeding six months or to a fine not exceeding one thousand dollars or toboth.

Limitation period65. Any proceedings under section' 64 may be instituted at any time within

but not later than three years after the time when the subject-matter of the proceedings arose.

)

AI-I5 (Enforcement) (I993-ReI. 2)

.'.

......... w. a _ ........... _

S.66 FEDERAL

Commencement

xxxiii

Commencement66. This Act or any provision thereof shall come into force on a day or days

to be fixed by proclamation.

Al-16

. i

.......~-~-

Schedule lip"

1+1 Department of Justicecanada

iMinistere d4i la JusticeCanada j

i"

xxxiv

)101

II1.,i:

Application: Interception ofF~Moneys for Family Orders and Ii

Agreements Enforcement j:I;

For t". interception 01 federal moneys under Pan II ofthe FlUTllly Of(J.,.lind AQr'HffUlnts EnfofetJm.nt A.s/.tBnOfl Act, S.C. 119116, C. 5.

I·f!io

I:!..I:;.j.

ii.rf ~!;!.;;

101

. Form.ulaire de demande: Interception desommes farales pour I'executlon desordonnancea ,t des ententes faminalesDemand. d'interceJ)tion d. sommes f6dera1es en vertu de la partie II deI. La; (I'lid• • l'u6cutloft dN omonnancH ., des ent'''~.s tamillllles.S.C. 1988, ch. 5.

)

Canad~JU5-$78

101

Interception of Federal Money~ forFamily Orders and Agreement~

Enforcement i:

Guide to completion of applica~~ fonnNot.: UnlMa otherwl.. indicat,d, all Information rwq~eo on the application form mutt be provided. Incomplet6 appllcatl forms cannot beprocessed. For ful'tlltf Informetion abOut U'lelnt.rC41 n Ml'Vlce, see thebOoklet entitled FIIITI;Iy Orr»r3 MtdAQTHtntnts Enfol"f=M1JfH1t MlUltanc8Inlerc.ption S.fVic_. hereinafter referred to .....the'~kl.t".

!;.

Pan 1 Slammons IdenUftcatlon fnformat~

Summon$ Inlorm.tlon ,01 Sections 46 to 48 of t~, Family Order. !find AgrHments

EnforCefntimt Assi5tsnce Act permit a sum?"ons to be variedif garnishable mo"'ys in exeess of those Id~tified In the originating summons become available. Indi~ate whether thesummons ia • replacement summons by marking the appropriate bOx on line 01. The replacement $~mmon$ must beaccompanied by the "Variation Notificatietn" issued by th.,Department of Justice. i;

I

i:COun or Enforcement service IcIentlfloatiOn

02 COurts and enforcement services have bee~ assigned identi·flcatlon codes by the Departm.nt of JU$tic~.The appropriate ,cOde must be entered on line 02. !

03 Th. name of the coun or enforcement $ervlc. that lsaued thesummons. This name must correspond to ttle code on line 02.

IIi ..

04 Enter the date of illue of the summ~~s (for example.15 JUL 87). .

Summon. R.fere~$ r06 Theprovinolafltenitorlal reference number"Signedtotheoourt

or enforcement ..rvlce ISIUlng the summons (optional).!I.

06 Any account number &$SIgned by the inU'rg court or service(optlon~). .

Cf.ctltor Information j!07 The creditor's name must be the same a, that recorded on

tht summons. ,.

12 Indicate the language in which the crJltor wishes to beaddr••eees. 1

i"

Creditor's Lawyer Information LThis section is optional. However, If th. lawyer'S name isprovided, the lawyer's address must alS~ be supplied.

16 II a lawyer i, named, indicate the languag~inwhich the lawyerwishes to bt addressed. i:Pan 2 Summons Financial TenM if

The Inform~t1on provided In this p"-' mul1t be the same as onthe summons. For det.Us, see the book~t.

17·18 .One or ~th 01 these emounts m~st ~ entered,. appro-pnate. j; .

19 ,~ a maximum tot~l. of periodic peyme~ is specified, anamount mUlt have been entered on lIn~;18-

:1o

xxxv

101

·Interception de sommes f8d8rales pourl'execution des ordonnances et desententes familiales

Guid8 pour rwnpIir Ie formulaire de demandeNote: sauf IndicatiOn conttalre. II est obIiglltolni de toumir told INren18ignem.nta exlg6t sur Ie tomJullh da demande. On ne pourradonnersuite MIle fOrfnutaires ·Incomplets., Pour de plus arnplts renseignementsconcernant Ie~ce d'intereeptlon,r.po~s au livre. intitu" Ald_.. I'exkllllon _ on:irJItn.InceS« dfIS~ (amll,.. - S.MCII d7nte~ceptlolt, d.aign' cl4Prea ~ 41.;,.t".

Part" 1 PnclIions aur Ie breI de uJale.arr6t.~dslon& tur Ie bref

01 Lee article. 48 l& 48 de la 1.01 d'Blde ~ I'executlon des orcJonnances fit d•• entent., famillahls permettQnt de modifier Iebref de saiai...,.,6t lorsque des sommes saisissablea e)(cedant celles indlquHa dans Ie bref original dfJvlennent disponibles. S'iI $''Oit d'un bref de rernplacement. veuilletl'lndiqu.r en cochant la case approprlee lla Ilgne 01. Le brafde rempiaCtment dolt Atre accompagne de I'avis de modifi·cation ci8l1vr. par Ie minist.,.. de Ia Justice.

Identlflcatlon du tI'Ibu,* ou du S8IYk:e d'executlon02 La mlnlstll,. de la Justice a ...Ign' des codes d'ldentlflca

lion awe trlbunaux et aux service. d'ex8cutlon. Le code apptOprl6 dolt .tr. lndlque a Ia lip 02-

03 indiquc Ie nom du tribunal au du service d'execution qui ad6l1ml. bAtf. Le nom dolt comtSpondre au code Indiqu6 lla ligntt 02. I

04 Indiqu8% la· date de d61lvrance du bref (par exemple,15 JUL87).

Num6roadub...05 IndtQ\m Ienum6roder6f6rence provinclal-terrltorIaI_algne

au tl1bunal ou ll'«gat'll.me~uldame Ie bref (facultatlf).

08 ·Indiquez tout numero de compte asslgne par Ie tribunal ouIe selVloe d'ex~ution qui a d'Uvre Ie btef (facultatlf).

RenMlgnem",. sur Ie criHder07 Le nom du crMnoler doi16tnt •• m6rne que celui qui apparatt

dana" bre1.

12 lnclique fa langue que Ie crUncler pt$f.re utilleer pourcommunlquer.

RentelgntlMnts lUI' fPGCat du cr6anclerCelte partie eat facultative. Oependant, .1 vous indlquezIe nomde I·avocat. YOUS devez ~a1ement p,..laer son &dresse.

. 16 Si youa nomme: un avoeat. Indlquez la langue qu·it pr61~reutmMr.

Partie 2 Dl!po!!tIons ilnanot.... du brefLAM reneeignemente que VOU$ foumlsaez dana celte partie dolvent COrN'pond.-. ceux qui apparalasent dans 'e bref. Pour,.. d6t"'., report'Z:oVoua au Ilvret.

17·18 Vous devez inacrlreun de CBS montaftts. ou 1&8 deux, selonIe cae.

1V Si voua inscrivet.le t~el maximum des paiement. piriodlYOu. devez avoir indlqu6 un montant • la ngne 18.

xxxvi

20 Use one of the following payment period q~l1es to indicatethe payment period specified In the summolP,8. Leave 'tllia bOXblank If no periodio payment is specified. ~;

A toutes Its semainesB toutea'" deux semaineso tous les molso tOU$ las trois molsE tous 188 six mois

23 L'utlllsation dU code est facultative Ioraqu'~ Ie foi8 uoe sommaglobal. It des paiement, pertodJques sont indlques. Sauf Indication conttalre, on 4ICCordera la prlorit4 a. 'a somma globale.

D18pos1Uon8 vlunt ... rettnuesLe tribunal ou I...rvlce d'exltcutlon qui ad4!Uvre Ie bref peutsoustralre a l'lnterceptlon de. partIes ou des pourcentagesdeterminu des somm•• salsissable8. COs • retenues )I so"t&Ub8~uemmentremises au cMblteur. Choisissez une seuledes elx options ottertes.t fournlssez touales renselgnementsdemandes. l.e bntf dolt faint etat de touteales retenues. Pourles detailo, reportez·YOUS au Iivret.

Partie 3 RenMlQI!!!!!!nt8 sur Ie d6bJteur

TOU8 Its fonnulalres de demande doivent 6tre accompagnesdea documentl.Xig8s. Pour les d6taUs, reporte:-voua au IIvret.

P..1e 5 Altobdlon

32 Le nom du ~blteurdolt etre Ie marne que celul qui apparaitdans Ie bref.

35 Date de naissancI (pat exemple, 150787 pour te 15 juillett98n.

37 II est pref'rable de foumir ce renselgnement s'iI est dis·ponlble.

38 Vous devez foomir ce rensetgnement 51 YOUlS I'avez.

Nom d'empnantlde reoharlgeTout nom d'emprunt ou de f9Change dolt etre II m6me quecetul qUi appareJt dana 'e bref.

Adreu.. multlpltl du cNblteurcea rwnselgnemant. eont f&cuttatlb.

Partie 4 Doownenta

. Lapersonna qui.ntmplile fonnulaire dolt $Igner ,·att.statlon.

1 Lei dlmandeu1'8 doivent g81der une copie du fonnulalrede demande .. des documents d'accompegnement pour leursproprea 00.1'-".2 Le formulaJre de demaooe dolt Itre dactylographl6 ountmpll lIalblement en lett... mouleee.

3 Tout renllignement tf8l18mls au minlst.re de la Justice881'8 conelcNre comma PfOt~

4 Pour de plua amples renHfgnements, reportez-vous auIivRlt ou communiqutz avec :

5ectIGn cs. I'lide • l'exHution ..OI'donnl,,"s at d••lIn..n .Min JutUC8C.P.2730Suco..... ND"ottawa (0ntId0)K1P&W7

Telephone: 1 7·7777TOD, hIndIcIpR ou eM .. parole: '~26T'T676

20 Utilisez I'un des codes de pilri~de paiement suivants pourlndlquer la p6riode de paiement qui apparalt dans Ie br.f. SIvous n'avez pas Indlque de paiement periodique, laissez lacase en blatlc.

H

Tet.phone: 1.aoo.267·7m rTOO, 'for huringl..-ch Impaired: 1'-;2$7.7176

t'j'

!:"

Part 6 Declaration

The dtclaratlon must be signedcompleted the application.

Genenl

, Applicants should retain a copy of t ~ application 'onnand copies of the accompanying docum .nt. for their flies.

L2 All application forms should be typel:l 01' printed cltarlyIn block letters. Ii·3 All information will be treated +protected whenreceived by the Department of Juatice. I '

4 For further Inforrr••tlon. see the tx1~et or contact the

I:Family Orders and Agreements Enforcem~nt Alsistane8 UnitDepartm.nt of Justice ::P.O. Box 2730 . 1:Poatal S"lion "D" IiOttawa, On"rio !.J(,P5W7 '

i32 The judgment debtor's name must be ~h. same as that

recorded on the summons. !;

35 Date of birth (for example, 150781 for JJ,y 15,1987).!""r

37 It would be preferable to provide this num~~rif it is available.

I38 Should be provided If aveilable. !

IAllasiAlt.rnat. Identification I

)Any alias or alternate identification must~ the same" thatrecorded on the .ummORS. I'

IDebtor AIt.rnate Addr....s !'

This Information is optional. IP.rt 4 Oocuments 1_' _

All applications must be accompanied by !the required doCu·ments. For dotalls. H' the booklet. ! .

Ii,.I

by ti\ff:-pe-reo-n-w-h-O-h-Q-Ij.

::i"'\

) A Weekly 1:8 E-..ery two weeks io Monthly I'o Quarterly i 'E Semi-annually !

I'23 Optional where lump sum amount end perlqdlc payments .re

both Indicated. Unlen otherwise speolfitld, the lump sumamount will take priority. i,Holdback Condttlons I:At the discretion Of the oourt or enfOrC8rMJlIt service I.aulngthe summons, fixed amounts or percentaQts of garniShablemoneye may be exempted from Interc.ptlor). Thai "holdback"Is subsequently released to the debtor. 6eit only one of 'heabc options available and provide all the Info , ation Alque.ted.Any hOldback must be specified on the IU mons. For detail.,... the booklet. ";:Part 3 Judgment Debtor Information ;;

)

xxxviiProtllCltcl when receIVed by the~ent 0' Justice,Pr0t6O' .,.. ree-pllon ... 'e mlnlst.... (Wi I. Ju.tice.

101I!I

I

Application: Interception of F~eralMoneys for Family Orders and I:Agreements Enforcement I

I,For the InttfCeptlon of federal mom~ysunder Part II~ the FamilyOrdersand Agtottm.nt. Enforc:amet1r Al.sist&rJu Act, S.C, ,1986. e. 6.

rPut, $ulnmDIII IdentUication IntormatlQn

101

Formulaire de demande: Interception desommes t8d8rales pour .'execution desordonnances et des ententes famillalesoem~d'int.rcepliol'i de aommea '.-.rates en Vtrtu de ta patti. II oeI. Lol d'aJde .. rexkUtlon de. ordonnartoH .t des entent. fllmiliM.s,s.c. 'G86, c;h. 5.

Doea this summons replace a pRlYIOua summon. urluant to MOtionl 46, 47 and 48 0' the ACt? 010 Yes 0 NoLe pment bref rem?lacrr-t·i1 un bfllt anterleur aux errn.. des artlc," 46, 47 et 48 de 1& Loi? gut Non

If so, tnl, aopllcBtlon must be accompanied by a UV~ation Notlflcalion" Datl$ l'affinnaltw,la~ dem8nde doit Itfll ecc»mpagn6e d'un • Avisissued .by the De~nt of Justice. L de modificatiOn. cUlM' par Ie miniater. de la Justice.

!:

Code CIIr

Code :

Name III I I I I I I I I I I I I I I I INomSummons 1"1.1' Date 1M WDaledu bref g ;;;;- -_..

I'SUmmons ~fefllnc.sCourt Rtf.rence No. • ,Numet'o de oontr61' du tribunalAccount No. •Num.fo de oomote

o'

Creditor Intonnatlon I! RIInMIg,....... ....~0:

SufnanM orNom de tamllleFirst Name oaPrjnomsecond Name •second pr6nomACId,... 10

Adr....Ii

!'

Postal COde " 'I I I I 12 Langu-oe of (:holce1~=

] 2 FrenchCode I)O$t&l

Lanoue D""'" F.....c:a1s,

CredItor's LJwye, Infofmatlon .....Ign .......... r.... du __,.oItrName of LaWyer 1~

Nom de I'avocatAddress M

Adr.sse

r:ao-.tlM COd4t " , I II I ItLanguage of ChoIce . 1 ~gtleh 0 2 FntncnCode pntaJ Langue pr6f•• - AnOtela FrlInc;ala

---_ .._. -

xxxviii

DJ.poaItlODll riAltt ............

Optiona cOllC8f'Mllt Ies tftenues

Holdback Conditione

HoldbaCk Optionsa.-u 0 No holdbaokAucune retell'"

Sl un. ~mme glObaie et de. paiement. pfIriodlqu-t' sont spt!cl~, Inq~~ devrai4mt ~Ir ta ~'".?. , ~ 1 Lump SUm Amount 2 Periodic Payments

Somm. Ioba/e . Palamenta odi ues

PerU SUmmon. FlnancS,1 Terms PlIrtie 2 ihlO8l tiona~ du ~.I

Lump s,:: Amount L 17

Somme obale $ · ·P.riod~ Payments Lt. ,.. r--Paiements-~riodIClueG S • ·tlmum.TotaJ of Periodic Payments \t

.. maximum des paiement. ~odlqueS S • ·~."m.nt Period Code (see the ~ulde) :10

Code d. la oerlode deoalemenlvoir Ie guide)Are ~riodiC payments cumulative? 1: II No 2 YesLet Dahtment$o.riodiaue, aont-ll& cumulatifs? 1 Non QuiIs tnt ",mmona of continuing .ffect? :,2:l No 2 VesS'aglt-ll d'un bref • 8a181e-.,itt a effet contlnu? !, , Non OuiIf bOth lump aum amount and periodiO p'yments aie specified, which a"ould be satlGfl~ first7

.,-1 Percentage !' % T. Pourcenta~ i

lit 2 Fhted amount !. $ I.ITD.CD~ Montant fixe I·Is the holdbaCk cumulative? i rt"- 1 NO Type of hOldback: III - T per transaction . '.

La tetenue n\-9I1. cumu~ive? i ~ Non Genre de '.DUe; =- par transactioni 2 y~ P per PlIY:IY*\t period

01.11 .. ar '*lode de oaiementIt 3 Fixed amount $ plua a porce"tage of tAl of remainder. TI

Montant fixe • • DlulS un OOuRleftt8ae de du reste.ao ~ser of a fixed amount $ or a ~n-ata;'Il:a. . -tv4 I.e molndre d'un moptant fixe • • ou d un DOUrctn de T~1 Greater of a find amount or • P.!."':"tage of -I.6 Le plus tlltvt d'un montane fixe' · · ou d unDOUI'C8Rtaae de T

"art 3 Judgment Debtor tnformatlon : Partie 3 ......IgMlDHta .........,,

/surname IZ I.Nom de famllleFirst Name » ,Pr6nOM !

Second Name ;w :

Second Drenom IDate of Btrth a W - ·s.x~.orF) 0Date d. nalseanee !l;;lJ ii:I r.iil f;;;;i Sue(M ou F}

SOQaI Insurance Number ~7

Numtro d'assurance lOci... 1Motner'. Malden Name a ,Nom de fllle dela mer. N- o- '..~~~. ot.C:holce 31 1 EngJlt h 0 2 ~=:..L ue -D,.ferH '-- An~1a aAddr,.. 40

AdrlSM ,.I:I'

Postal Code •• :

COde POltal ;

• xxxviii

AIiuIAI1ema" IdentJtic.t1on ;

Enterany known aliases, alternate id~ti~lo~tions Orj8dditiOnaJ social in-surance numbens belOw. ,:

ij;;

Nam d'MISlIUnt* ..cMngeIndiquez ci-dessoua tout nom d'emprunt OU nom ~ re<:hange ou toutautre ftUmeto d'usuran<:e SOQiale conn",•.

Alternate No. 1,

SUrname 42 I I I I I I I I I INom de famiU.,

First Nam. 6$ Ipr'noms.cond Ntme .. isecond D"nom 1

Social Inturance Nutnbar 4lI iNumero d'U$urance soclale i

!'

AlttMaw No. 2 ,

SUMaRI. .. I I I I I I I I I INom da 'emiliefirst Name 47

Prenom I.

second Name 41 rSecond Of'nomSocial Insurance Number .t !,Num6fO d'assurance SQclale l'

J

Altern.t. No. 3I

ISurname 10

1 I I I I I I I I I INom de familiaFirat Name •• I'Prinornsecond Name u ,

"SecOnd Dr6nom :;

~1a1 Insurance Number ~ INumero d'as5urance soclale

~ jo.btDr'e Altemate AddruNS iiIf the debtor has any knOwn alternate addre5$t$••8 enter them be'OW.

1

i:

....... multiplet dU dIbIt8urSi Ie d6blteur • pI"'*'llI .:ttesus OOIlnU8$, veuillez IN inc'~kIes&ou ..

Alternate Addr••• No.2 ~ .........

Adcl=,:_r"':'~~::-=C~od-:-e_. -=~"""0_~

j'NAdtamatt dIMs D.3 T............

Acldr• .,. ..AClAlsae

Poetal Code It I I r 1Code postal

iIj,

I: ---- .. -

xxxix

Part 4 Documents i...: ..;p~art1;;.;;;,.;...;......;;D;.;;ocumenta~;;,;;;;;;,;,;;,;;;~ - _

All apPIIC.'lons muSl be ac~ompaniedby the required ~ocumel'lta_Check Le fotmulaire de'dtimande doj' "rw aooompagne dN do¢unwnts exig6s.the ~propriat9boxeS '0 indicate whiCh documents ~e aUBChed. COChez leG caseS appropri_ pour Indiquer '" doCuments d'accomp.

I: gnernent.

C) Varlatlol\ Notlfloatlon 11,!':Avla de l1'lodlftcatlOI\

Part I Dtolaratlon

I deoIat. that tt\t infannatlon given In this applicatl ~ is true and Is fortn, purpote of applying for me InterCleption of iaderaJ moneys InM:oorct.nce wit" Part II of the Family Ord.rtI aM AQreemell's Enfott»men, A6IJ/.tanc. Acr. S.C. 1988. C. 5. . Ii

IiIfj:.:Ii

Sionature

, .... I AttMtatIon·

J·att.... quetea~.don_dans" present. demande sontYl'ah~ at sent 'oumia *PC aeul.. fins d'lntercepterdes sommell f6d6ra1a.contonntmentaII.pattie " de 18 Loid'aid.; "ftlCicutJon des ordonnllflC.$.r d.. ftnten_ fllmlli.es, S.C. 1986, Ch. 5.

O.te

)

--. ,,--I,FII

I:I'

I;Ii..!.

iiI:

I'

rI'

I:

t

-- ** T~TAL~E.008 **

'.:':

Schedule "G" xl

ENFORCEMENT OF MAINTENANCE ORDERS ACT - FORMS

FORMG(Subsection 26(I))

NOTICE OF WITHDRAWAL

FORMG

)

WHEREAS on the day of • 19_. you wereserved with a Notice of (Continuing) Garnishment regarding the Respondent _________, on behalf of the Claimant _

NOW TAKE NOTICE that the said Notice is hereby withdrawn and you are not boundto comply with it subsequent to service of this Notice.

DATED at • in the Province of Saskatchewan,this day of • 19_.

(Signatl/re)

(firm name)____________________________• and the

(business address)address for service is _

Lawyer in charge of tile: _

Telephone No.: _

SASK-189 Family Law Statutes (1994)

)

Schedule "R"

THE SASKATCHEWAN GAZETTE

"FORML[Subsection 32(1.2) of the Act]

[Style of Cause!Writ of Execution for a Maintenance Order

ELIZABETH THE SECOND, BY THE GRACE OF GOD OF THE UNITED KINGDOM,CANADA AND HER OTHER REALMS AND TERRITORIES QUEEN,

HEAD OF THE COMMONWEALTH, DEFENDER OF THE FAITH

TO: The Sheriff of the Judicial Centre of _

You are commanded that of the goods (or lands or goods and lands) of _

in the Province of Saskatchewan you cause to be made $ , which _

by the maintenance order of the said court dated the day of , 19 __

recovered against him or her.

This writ shall continue to bind and form a lien and charge on the debtor's land as long as the arrears itencompasses are enforceable pursuant to section 53 of The Enforcement of Maintenance Orders Act.

And that you have the said money and in what manner you shall have executed this writ make appear to the

said court at immediately

after the execution thereof before the said court at together with this writ.

ISSUED at • Saskatchewan, this __ day of , 19 __ .

Local Registrar

(Directions to sheriff to be endorsed on writ):

Levy the sum of $ with interest from the day of , 19 __

at the rate of 5% per annum together with $ for the costs of this writ

besides your own fees, poundage and other legal expenses of execution.

DATED at , Saskatchewan, this __ day of • 19 __ .

(Signature of solicitor. claimant orDirector of Maintenance Enforcement Office)

".Coming into force

5(1) Subject to subsection (2), these regulations come into force on the day onwhich subsection 11(1) ofThe Enforcement ofMaintenance Orders Amendment Act,1992 is proclaimed in force.

(2) If these regulations are filed with the Registrar of Regulations after the dayon which subsection 11(1) of The Enforcement ofMaintenance Orders AmendmentAct, 1992 is proclaimed in force, these regulations come into force on the day onwhich they are filed with the Registrar of Regulations.

552

.xli

Schedule "r"

DECEMBER 23, 1994

New section 6.13 The following section is added after section 6:

Maintaining registration in registry"6.1 For the purposes of maintaining a registration in the Personal PropertyRegistry pursuant to subsection 32(1.4) of the Act, the claimant shall file afinancing change statement within the meaning of The Personal Property SecurityRegulations in the Personal Property Registry".

Appendix amended4 The following forms are added after Form J:

"FORMK[Subsection 32(1.5) of the Act]

[Style of Cause]Notice of Maintenance Writ and Continuing Effect of Writ

To: The Sheriff of the Judicial Centre of _

You are hereby notified that the writ executed against the lands (or goods and lands as the case may be)

of in the Province of Saskatchewan

dated the day of .19 (copyanachedJ,

is a writ of execution for arrears owing pursuant to a maintenance order.

Therefore. that writ shall continue to bind and form a lien and charge on the debtor's land as long as thearrears it encompasses are enforceable pursuant to section 53 of The Enforcement of Maintenance OrdersAct.

You shall deliver or transmit by registered mail a copy of this notice to the registrar for each land registrationdistrict in which the writ of execution is registered.

DATED at , Saskatchewan, this __ day of • 19 _.

(Claimant or DirectOl'j

xlii

Schedule "J"

FEBRUARY 21, 19&6

Form IIS~('li(}n 39J

SUMMOl\S

CANADAPROVINCE OF SASKATCHEWANTo of _

INamel IAddress}WHEREAS by an order made by .,--__ Courtunder on the __ day of

IName ofSlulule)_----- • 19 __ . you were ordered to _

A?\D WHEREAS you have not complied with the said order; 10pliOll1ll- and there is thesum of $ now due and owing by youl.You arc therefore commanded to appear before a Judge at ..:...... _

Islal(' urban cenlre al·'l'hich hearin~ is to b,' held and the localion or description of Ihe buildingin which Ihe hearing is 10 be heidi

on __ daythe __ dayof ,19 __ .at o'clock in the noon to explain why youare not fulfilling your obligations pursuant to the above·named order.

DATED at • in the Province of Saskatchewan.this day of • 19 __ .

(Direclor or Local Regislrar)

SASKATCHEWAN REGULATIONS 9/86

The Land Bank Repeal and Temporary Provisions ActSection 15

Order in Council 131/86, dated February 13, 1986.

(Filed February 14, 1986)

ORDER

His Honour the Lieutenant Governor in Council, on therecommendation of the Minister of Agriculture, pursuant tosection 15 of The Land Bank Repeal and Temporary ProlJisionsAct, makes The Land Bank Temporary ProlJisions AmendmentRegulations, 1986in accordance with the attached Schedule.

SCHEDULE

, These regulations may be cited as The Land Bank Till.

Temporary ProlJisions Amendment Regulations, 1986,

xliii

2 The following section is added after section 8 of The LandBank Temporary PrOlJisions Regulations, 1983 :

151

R.R.S. c.L·2.1Itt=~ 2. rwwoe<<ion8.1

Schedule "K"xlfv

Q.B. NO. 014926

BETWEEN:

IN THE COURT OF QUEEN'S BENCHJUDICIAL CENTRE OF REGINA

CYNTHIA LOUISE TOKAR.GABER,

- and -

BARRY DAVID GABER,

NOTICE OF MOTION

OF 1993

PETITIONER

RESPONDENT

)

TAKE NOTICE THAT an Application will be made to the Presiding Judge

in Chambers at the Court House, 2425 Victoria Avenue, Regina, Saskatchewan, on

\Vedne~day,August 11, 1993 at 10:00 a.m. for an Application for the following relief:

1. An Order finding the Respondent, Barry David Gaber, in contempt of Court

for non-compliance· of the support and matrimonial .property Orders of the

Honourable Mr. Justice F.D. Dickson dated May 26, 1993;

2. An Order finding the Respondent, Barry David Gaber, in contempt of Court

for non-compliance with the access Order of Mr. Justice Geatros dated July 28, 1993;

3. An Order pursuant to Section 5(1)(d) of the Matrimonial Property Act

restraining the Respondent, Barry David Gaber, from attending at or near the

matrimonial home located at 2177 MacKay Street, in the City of Regina;

4. An Order pursuant to Section 19(1) of the Matrimonial Property Act requiring

the Respondent, Barry David Gaber, to pay to the Petitioner, Cynthia Louise Tokar-

.1../ '.,~I .

i ;. ( •.' rL:' :;.I /....' t . -~ ._

.r'.l I L c~· i '~-l I . • i", /..- , ." 4('" .

- 2 -

xlv

)

Gaber, compensation for the mortgage payments that the Petitioner was required to

make as a result of the Respondent not complying with the Order of Mr. Justice

Dickson dated May 26, 1993.

AND FURTHER TAKE NOTICE THAT in support of the said Application

will be filed this Notice of Motion with proof of service, the Affidavit of Cynthia

Louise Tokar-Gaber, the pleadings had and taken herein, all filed, and such further

and other material as counsel may advise and this Honourable Court may allow.

DATED at the City of Regina, in the Province of Saskatchewan, this c-;

day of August, 1993.

GT~ROUP

:/ ..y.......-r--r_K

~icltijrs for thePetitioner

TO: BARRY DAVID GABER

This document was delivered by:

MERCHANT LAW GROUPBarristers and Solicitors# 100-2401 Saskatchewan DriveRegina, SaskatchewanS4P 4H8

Lawyer in charge of file: Reginald E. SauerTelephone: 359-7777

whose address for service is the same as above.

Q.B. NO. 014926


BETWEEN:

CYNTHIA LOUISE TOKAR.GABER,

xlvi

OF 1993

PETITIONER

129a

- and -

BARRY DAVID GABER,RESPONDENT

BEFORE THE HONOURABLE

MR. JUSTICE L.A. KYLE

IN CHAMBERS

)

)

)

WEDNESDAY, THE

11TH DAY OF

AUGUST, A.D. 1993

ORDER

UPON THE APPLICATIONS of counsel on behalf of the Petitioner, Cynthia Louise

Tokar-Gaber, and counsel on behalf of the Respondent, Barry David Gaber, and upon

hearing counsel on behalf of the Petitioner and the Respondent, IT IS HEREBY

ORDERED AS FOLLOWS:

1. The Respondent's Application to vary the Order of Mr. Justice F.G. Dickson dated

May 26, 1993 is dismissed.

2. The Respondent, Barry David Gaber, shall have access to the children, Shasta Dawn

Gaber and Natasha Logan Gaber, until further ordered as follows:

- 2 -

a) Every other weekend from Sunday at 10:00 a.m. until Monday at 7:00 p.m.

commencing Sunday, August 15, 1993 provided that Natasha Logan Gaber be returned to

the Petitioner, Cynthia Louise Tokar-Gaber from 9:00 p.m. Sunday to 9:00 a.m. Monday

during each access weekend; and

b) Every other Monday from 10:00 a.m. until 7:00 p.m. commencing Monday, August

23, 1993.

3. The Respondent, Barry David Gaber, is found in Contempt of Court in that he has

refused to make the maintenance and mortgage payments pursuant to the Order of Mr.

Justice F.G. Dickson dated May 26, 1993 and the passing of sentence shaIl be suspended to

aIlow the said Respondent, Barry David Gaber, to purge his Contempt as follows:

a) by paying the sum of $2,000.00 to the Petitioner, Cynthia Louise Tokar-Gaber, on

or before August 25, 1993; and

b) by paying an additional sum of $2,000.00 to the Petitioner, Cynthia Louise Tokar

Gaber, on or before September 25, 1993.

In the event the Respondent, Barry David Gaber, fails to purge his Contempt in the manner

set out above, he shall be returned to this Court in order to impose any further sanctions

the Court sees fit.

4. The Respondent, Barry David Gaber, shall be restrained from attending at or

frequenting the location of the matrimonial home located at 2177 MacKay Street in the City

of Regina.

xlvii

130a

- 3 -

XIVi\~la

)

, "7 ~1"ISSUED at the City of Regina, in the Province of Saskatchewan, this _.t..-:!d=--__

day of August, A.D. 1993.

~ON K. DAUNC~Local Registra~¥ t I"JIAI

This Order was delivered by:

MERCHANT LAW GROUPBarristers and Solicitors# 100-2401 Saskatchewan DriveRegina, SaskatchewanS4P 4H8

Lawyer in charge of file: Reginald E. SauerTelephone: 35,9-7777


)

156a

xlviX'

O.B. NO. 014926


BETWEEN:

CYNmIA LOUISE TOKAR-GABER,

- and -

BARRY DAVID GABER,

OF 1993

PETITIONER

RESPONDENT

BEFORE THE HONOURABLE

MR. JUSTICE W.R. MATHESON

IN CHAMBERS

)

)

)

FRIDAY, THE

15TH DAY OF

OcrOBER. A.D. 1993

)

ORDER

UPON THE APPLICATION of Reginald E. Sauer, Counsel on behalf of the

Petitioner nnd upon hearing Counsel on behalf of the Petitioner, and the Respondent, IT

IS HEREBY ORDERED AS FOLLOWS:

1. That Mr. Gaber be incarcerated for a period of thirty (30) days. and in the event that

he shall pay the required sum of $4,000.00 -to the Petitioner. such lesser number of days

which have transpired until the date of payment.

- 2 -

ISSUED at the City of Regina, in the Province of Saskatchewan, this /'1I,u day

of October. A.D. 1993.

/k~ Local Registrar

Thi~ document was delivered by:

MERCHANT LAW GROUPBarristers and Solicitors# 1(K).2401 Saskatchewan DriveRegina, SBskatehewanS4P 4H8

Lawyer in charge: Reginald E. SauerTelephone: 359-7777


157a

1

IN THE COURT OF APPEAL FOR SASKATCHEWAN)

CANADAPROVINCE OF SASKATCHEWAN

)) C.A of AD. 1993

1i

IN THE MATTER OF AN APPEAL BY BARRY DAVID GABER of a Sentencing Order,handed down by Mr. Justice W.R. Matheson on October 15, 1993, at Regina,Saskatchewan, on Court of Queen's Bench No. 014926 of AD. 1993.

BET WEE N:

BARRY DAVID GABER

APPELLANT(Respondent)

- and-

CYNTHIA LOUISE TOKAR-GABER

RESPONDENT(Petitioner)

ORDER

BEFORE THE HONOURABLE )) ) 11/··

MR./MAtJA'M-dUSTICE "-.." ,..:~jj 1--,} )

IN CHAMBERS )

/,'Ot}!: >i'~ <>-~~ DAY, THE

:--::; ~ ',..?- DAY OF

{I: z{::i?;?- . 1993

Upon the application of the Applicant and upon hearing counsel and reading the

material all filed, IT IS HEREBY ORDERED THAT pursuant to s. 679 of The Criminal

Code the Appellant BARRY DAVID GABER, is hereby released upon entering into the

following undertaking:

1. That he keep the peace and be of good behaviour;

2. That he present himself to the Court if and when required to

do so;

-2-Iii

3. That he surrender himself into custody at the hearing of the

appeal; and

4.. That he maintain his residence in Regina, Saskatchewan, and

not change that residence without first notifying the City of

.1/' B;;Z' - J2Reina Police Servi9~ ., / /.....L,/ //: ~,,y - //r 71'~'.-f . <!"C: 7'" ..-JA -;.? . ·-it:... . -....u--i~ ,;;;'~/c~!_~6r A'-? a ~ ?'-<-t <-=<n ~ 0 ,.

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ISSUED at the City of Regina, in the Province of Saskatchewan, this 1Wl1fay ofG'~ 1:1-- .-----~October, A.D., 1993. / <: '

Lgea1 Registrar

ThIs document was prepared by:

MARTIN MACLEOD WERRYBarristers and Solicitors2114 Robinson StreetREGINA, saskatchewan S4T 2P7

Whose address for service is the same.

Lawyer In charge of file: Sharon A. MartinTelephone: (306) 347-0868

liii

UNDERTAKING GIVEN TO A JUSTICE OR A JUDGE

CANADAPROVINCE OF SASKATCHEWAN

I, BARRY DAVID GABER, of Regina, Saskatchewan, understand that I have

been sentenced to a period of immediate incarceration for thirty days for contempt of

court, unless I pay the sum of $4,000.00 to the Petitioner' (Respondent) in which case

there shall be incarceration to the date of payment.

In order that I may be released from custody pending the appeal, I

undertake to attend Court as and when required by the Court in order to be dealt with

according to law.

I also undertake to:

(1) keep the peace and be of good behaviour;

(2) present myself to the Court if and when required to do so;

(3) surrender myself into custody at the hearing of the Appeal;

and

(4) .maintain my residence at Regina, Saskatchewan, and not

change that residence without first notifying the City of Regina

Police Service.

I understand that failure without lawful excuse to attend in accordance with this

. undertaking is an offence under subsection 145(2) of The Criminal Code.

F. C. Newis,Registrar.

)File No. 1668

Barry David Gaber v. Cynthia Louise Tokar-Gaber

January 14, 1994.

Before: Tallis, Gerwing & Lane JJ.A.

Ms. S. Martin for the Appellant.Mr. R. Sauer, for the Respondent.

Fiat (typed version of handwritten fiat on file cover)

Subject to compliance with terms of the consent order theappeal is allowed, the jail term is set aside. The formalJudgment of this Court shall not issue until above-refered-toconsent order has been complied with.

In the meatime the interim judicial release is continued inaccordance with the order of the Chamber Judge.

There will be no order as costs, leave is reserved to applyfor further directions and, if necessary, to restore thematter to the hearing list ~ non-compliance occurs.

~t

Iv

APPENDIX

Lionel McNabbDirector, Maintenance Enforcement Office

#100 .. 3085Albert St.Regina, ·Sa$/(. S4S 081

Ph: 787-1650 Fax: 787-1420

BIOGRAPHICAL INFORMATION

Lionel McNabb

Liorlelearneda Bachelorof Commerce degree from the University of Saska~chewanin1974.Hehas beenin the.Enforcement.and Collection area with theDepartment ofLabour an.d the Departm'entof Justice. for

.. ·15 years.. Currently, Lionel is·Director of the Maintenance Enforcement Office, Saskatchewan DepartmentofJustice in Regina. .

)

!I"

MAINTE~ANCE ENFORCEMENT OFFICEABILITY 1:0 CQ!tLAfS£. DEFERREJLPENSJON PLANS

•

•

•

•

•

••

•

::Ii

The ProvincHal Government passed legislation on April 19. 1996that will aRlow the Maintenance Enforcement Office to collapseDeferred Pepsion Plans for individuals who are at least threemonths in arrears and have not made arrangements to pay theoutstandin9\amount.

Deferred Pe~sion Plans are ones where the money is locked in untilthe person 1's 55 years of age.

I.

The Mainten~nce Enforcement Office can already seize or garnishregular RRS: monies.

This will 0 1y be used where the defaulter is currently neitherpaying into'the Pension fund nor receiving payments out of it.(In those s~tuations the defaulter has a source of money that canbe garnishe~d).

I

The default~r will receive prior notice by the MaintenanceEnforcement IDffice and given the opportunity to make paymentarrangements!;

Collapsing p~nSions will only be used as a last resort.I

The Maintenance Enforcement Office has reduced the default rate inSaskatchewanlifrom an estimated 85% in 1985-1986 to 25% ~ 26% in1995-1996. tollapsing Deferred Pension Plans w11l only be used asa last resort against individuals who are deliberately trying toavoid making!maintenance payments.

\:

Will not apply to teachers. as separate negotiations are required.

i'iiI ~

IIIij,

L

2.

3 .

4 .

5.

6.

7.

8.

9.

10.

STEPS RESPECWI:NG DRIVER'S LJ:CENCB SUSPENSIONSPOR DEPAlJt'l'ERS ON HA1NTEH.ANCE PAYHBNTS.,.

iRespondent must br a minimum of three months in arrears.

All "reasonable stFPs must have been taken to enforce theOrder, (e.g. garn~'Shment, Writs of Execution, etc.).

Respondent receiv s 30 days written notice by ordinary mailfrom the Director of Maintenance Enforcement of his or herintention to have SGI suspend the respondent's driver'slicence unless satisfactory arrangements are made for thepayment of maintepance.

Respondent receiv~s registered letter or 'is servedpersonally at lea~t 15 days before the director is going tonotify SGI. I

I,If satisfactory a~rangements far the payment of maintenanceare not made, thel;director directs SGI to suspend ,therespondent's driv~rls licence. .

'.

SGI suspends the ~river's licence of the respondent.j:

If satisfactory ~intenance arrears payment arrangements aremade, SGI is notified and cancels the suspension.

"I

If a Maintenance ~rder is withdrawn from the MaintenanceEnforcement Offic~, SGI is notified and cancels thesuspension. !

I

Any person may apilY to the Court of Queen's Bench for anOrder that SGI ca,cel a suspension or not suspend a licence,if the Court is s'tisfied that the respondent is not atleast three mont~ in arrears or that a person's healthwould be seriously threatened by the licence suspension.

If the notice pro~ided for in #4 cannot be served becausethe respondent isteVading service, the director can directSGI to withhold rnewal of the respondent's driver'slicence. - ' ,

i!:

i::II

•

•

•

•

•

•

iMAINTENANCE ENFORCEMENT OFFICE

DlU\$R'S LICENCE W1TBHOLDINGiI·

iThe Provinci.a~Government passed legislation on April 19, 1996 that willaUow the Mai~tenanceEnforcement Office to withhold driver's licencesfrom iadividu,1s who are at least 3 months in arrean and have not madearrangements ~o pay tbe outstanding amount.

Driver's Jiten~ withholding wID Ollly be used as a last resort.I

It is estimatedithat in the first year 1200 - 1500 lieences might be withheld(based on Albt's experience).

Alberta, Nova Scotia, Manitoba and the Yukon have passed legislation thatI

provides for s,~pension of the defaulter's, drivers licence.

We are curren~y on line with Saskatchewan Govemment In.uraDee andwould. hope to Ifollow similar proeedures to those already established withrespect to driv,r's liceace withholdinl for non-payment of rmes. We wouldprefer to do 01" eleetronically rather than manually.

The MainteD~eEnforcement Office wiD require that an oMcer obtain thesignatures of~o supenrisors bd'ore sn.spendiDg a person's driver's licenceto ensure tbat ,t is being used as a last resort. (See detailed proceclures,attached) I;

\i

The Maintc: ¢e Enforcement Office has redu.ced the default rate inSaskatchewan rom an estimated 85% In 1985-1986 to 25% - 26% in 19951996. Wlthho' ing driver's lieences wiD give the Maintenan~e

Enforcement . ce greater leverage in colleeting payments from self~

employed peop ~ suda as cab driven, truck drivers, doctors and lawyen.

• Saskat~bew8ll: overnment IDsurante has approved Driver's Licentewithholding, h ~ever, are reluctant to have u.s withhold \>ehicleregistratious as !their system eould Dot handle it.

I

I:I!i

-Sa-S-ka~t-ch-e-wa-n-J-u-st-ic-e-I~·~-------

Lionel McNabb. DirectqrMaintenance Enforcement BranchRegistry Services Divil1ilOn

I!I,I::,.