This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
Maintenance Enforcement Regulations
made under subsection 61(1) of the
Maintenance Enforcement Act
S.N.S. 1994-95, c. 6
O.I.C. 96-137 (March 5, 1996), N.S. Reg. 40/96
as amended up to O.I.C. 2008-176 (March 31, 2008, effective April 1, 2008), N.S. Reg. 181/2008
Title
1 These regulations may be cited as the Maintenance Enforcement Regulations.
Definitions
2 (1) For the purpose of the Act and these regulations,
(a) “income” includes but is not limited to
(i) federal benefits, which are benefits payable to the payor under
(A) the Unemployment Insurance Act (Canada),
(B) Sections 3, 11, 19 or 21 of the Old Age Security Act (Canada),
(C) Section 5 of the National Training Act (Canada), or
(D) the Canada Pension Plan,
(ii) an insurance settlement payable to the payor,
(iii) a lottery winning payable to the payor,
(iv) an inheritance received by the payor, or
(v) a debt owed to the payor;
(b) “pension benefit” means a periodic payment of money to which a person is entitled pursuant to a pension plan;
Clause 2(1)(b) added: O.I.C. 2001-364, N.S. Reg. 94/2001.
(c) “prescribed registered retirement savings plan” means a registered retirement savings plan that is
(i) established in accordance with the Income Tax Act (Canada), and
(ii) established by a contract that includes or is required by an Act of the Legislature or Parliament to include the provisions prescribed by regulations made pursuant to the Pension Benefits Act for a contract that establishes a retirement savings arrangement for the purpose of a transfer under Section 50 of the Pension Benefits Act;
Clause 2(1)(c) added: O.I.C. 2001-364, N.S. Reg. 94/2001.
(d) “proceeding” includes both a proceeding in court and any action taken by the Director in accordance with the provisions of the Act;
Original clause 2(1)(b) relettered (d): O.I.C. 2001-364, N.S. Reg. 94/2001.
(e) “spouse” includes
(i) a husband or wife of a payor, and
(ii) a man or woman who is living with a payor in a marriage-like relationship.
Original clause 2(1)(c) relettered (e): O.I.C. 2001-364, N.S. Reg. 94/2001.
(2) In these regulations
(a) “administrator” means an administrator as defined in clause 27A(a) of the Act;
(b) “pension entitlement” means a pension entitlement as defined in clause 27A(b) of the Act;
(c) “pension plan” means a pension plan as defined in clause 27A(c) of the Act.
Section 2 renumbered subsection 2(1); subsection 2(2) added: O.I.C. 2001-364, N.S. Reg. 94/2001.
Forms
3 (1) For the purpose of Section 34 of the Act and these regulations a statement of financial information shall be in Form 1 attached hereto and forming part of these regulations.
(2) For the purpose of Section 19 of the Act a notice of garnishment shall be in Form 2 attached hereto and forming part of these regulations.
(3) For the purpose of subsection 20(5) of the Act a notice of variation of garnishment shall be in Form 3 attached hereto and forming part of these regulations.
(4) For the purpose of subsection 38(4) of the Act a certificate of judgment shall be in Form 4 attached hereto and forming part of these regulations.
(5) For the purpose of subsection 38(6) of the Act a certificate of the discharge of a judgment shall be in the form of a satisfaction piece as contained in Form 5 attached hereto and forming part of these regulations.
(6) For the purpose of clause 27C(1)(a) of the Act, a notice to an administrator of the Director’s intention to attach a payor’s pension entitlement shall be in Form 6.
Subsection 3(6) added: O.I.C. 2001-364, N.S. Reg. 94/2001.
(7) For the purpose of clauses 27C(1)(b) and (c) of the Act, a notice to a payor of the Director’s intention to attach the payor’s pension entitlement shall be in Form 7.
Subsection 3(7) added: O.I.C. 2001-364, N.S. Reg. 94/2001.
(8) For the purpose of subsection 27F(1) of the Act, a notice to an administrator of attachment of a payor’s pension entitlement shall be in Form 8.
Subsection 3(8) added: O.I.C. 2001-364, N.S. Reg. 94/2001.
Time deadlines
4 If the recipient and payor wish to opt out of the enforcement program pursuant to Section 10 of the Act, the recipient shall file with the Director a written consent signed by them both, within 10 days of receiving notice by ordinary mail from the Director’s office that the maintenance order has been filed with the program.
5 In accordance with Section 16 of the Act, the payor shall advise the Director within 10 days of receiving a copy of the maintenance order as to how the payor intends to make the payments required by the maintenance order.
6 Upon receiving notice from the Director under subsection 30(1) of the Act, the payor has 21 days to make arrangements satisfactory to the Director for complying with the maintenance order before the Director may request the Registrar of Motor Vehicles to suspend or revoke the payor’s privileges in relation to a motor vehicle.
7 Pursuant to Section 41 of the Act if there is a termination of the maintenance obligation under the order, the parties to a maintenance order filed with the Director shall notify the Director in writing immediately, which notice shall be consented to and signed by both parties.
Disclosure of financial information
8 If the Director requires financial information from the payor, the Director may ask the payor to provide the following:
(a) supporting financial documents, including
(i) a copy, certified by Revenue Canada, of each of the 3 most recent income tax returns filed with Revenue Canada by the payor and of the assessment notice that relates to each of those returns,
(ii) a copy of each pay stub or similar statement received during the past 6 months by or on behalf of the payor from the payor’s employer to account for the payor’s employee income and deductions,
(iii) a copy of each statement of income other than employee income received during the past 6 months by or on behalf of the payor, including unemployment insurance, disability, pension, superannuation and worker’s compensation,
(iv) a copy of the most recent assessment notice for each property in which the payor has a beneficial interest,
(v) a copy of each statement of account received during the past 12 months by the payor from a savings institution, insurer, broker, or other investment institution,
(vi) a copy of each credit card statement the payor has received during the past 6 months,
(vii) a copy of any loan document evidencing the payor’s current indebtedness;
(b) a statement of financial information as set out in Form 1 completed by the payor’s spouse;
(c) any additional documents requested by the Director to support claims made by the payor as to his or her financial circumstances generally; and
(d) proof of job search and monthly update of efforts to seek employment.
Garnishment
9 (1) A garnishment issued by the Director may be valid for 5 years.
(2) If the Director issues a garnishment to an income source, the amount garnished monthly may be in an amount equal to 25% of the gross income of the payor in addition to the amount of the regular maintenance payment required under the Maintenance Order, calculated monthly, until the arrears are paid off or until further proceeding by the Director. Once the arrears are paid off, the Director may require an income source to forward to the Director the amount of the regular maintenance payment required under the Maintenance Order.
(3) If the Director issues more than one notice of garnishment to an income source in respect of the same payor, and the money payable to the payor from the income source is insufficient to satisfy all the notices, the Director shall ensure that the amounts garnished from the income of the payor shall not exceed 25% of the gross income of the payor, regardless of the number of notices that have been issued.
(4) The Director has the discretion to issue a garnishment to an income source for an amount less than 25% of the gross income of the payor, if the Director believes that to do otherwise would cause undue hardship to the payor.
(5) If the Director issues a garnishment against federal benefits owed to the payor, in no case shall such a garnishment exceed 50% of the federal benefits payable to the payor.
Notification by the income source if payments cease
10 Within 10 days of ceasing to make payments under garnishment, the income source shall advise the Director in writing, providing the following information:
(1) the date and circumstances that resulted in the income source ceasing to make these payments;
(2) the date and circumstances, if any, for resumption of an obligation of the income source to pay money to the payor in the future; and
(3) if payment ceased because the payor ceased to be employed by the income source,
(a) the name and address of the payor’s new employer, where these are known to the income source; and
(b) the pay, salary or other monetary benefits to which the payor became entitled from the income source on termination.
Attachment of payor’s pension entitlement
11 The information respecting a payor’s pension entitlement to be provided by an administrator pursuant to clause 27C(1)(a) of the Act shall include
(a) the most recent address for the payor in the administrator’s records;
(b) if the restrictions described in subsection 27D(1) of the Act do not apply to the payor,
(i) confirmation that the restrictions described in subsection 27D(1) of the Act do not apply to the payor, and
(ii) the value of the payor’s pension entitlement that would be, or but for a provision of the pension plan would be, available to be transferred from the pension plan as of the date of the notice in Form 6;
(c) the postal address of the administrator;
(d) the address of the administrator where personal service of notices and documents can be effected for purposes of the Act and these regulations.
Section 11 added: O.I.C. 2001-364, N.S. Reg. 94/2001.
Fees
12 (1) The Director may charge to the payor the following fees pursuant to the Act:
(a) $28.97, if the payor requests that the Director provide an annual statement showing the current status of payments;
Clause 12(1)(a) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
(b) $40.56, if a cheque received by the Director from the payor is returned to the Director because of insufficient funds;
Clause 12(1)(b) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
(c) $52.23, if the Director is required to provide a certificate of the discharge of a judgment entered pursuant to Section 38 of the Act;
Clause 12(1)(c) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
(d) where a payor is in default of a maintenance order filed with the Director under the Act:
(i) $231.80, payable once in any 12-month period, in addition to the fees set out in subclauses (ii) to (v), if the Director is required as a result of the default to take any measure under the Act to enforce the maintenance order,
Subclause 12(1)(d)(i) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
(ii) $86.92, if the Director is required to issue a garnishment against an income source of the payor,
Subclause 12(1)(d)(ii) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
(iii) $57.95, if the Director is required to examine the payor in accordance with Sections 34 and 35 of the Act,
Subclause 12(1)(d)(iii) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
(iv) $57.95, if the Director is required to request that the Registrar of Motor Vehicles suspend or revoke the payor’s privileges in relation to a motor vehicle,
Subclause 12(1)(d)(iv) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
(v) $231.80, if the Director is required to attach the pension entitlement of the payor pursuant to Sections 27A to 27F of the Act.
Subclause 12(1)(d)(v) amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
Subsection 12(1) replaced: O.I.C. 2000-522, N.S. Reg. 168/2000.
(2) The Director has the discretion to waive payment by a payor of any of the fees prescribed in subsection (1) where, in the opinion of the Director, the payor’s financial circumstances warrant it.
Subsection 12(2) replaced: O.I.C. 2001-364, N.S. Reg. 94/2001.
(3) If a payor complies with a payment arrangement that is accepted by the Director, the Director has the discretion to waive, in whole or in part, the payment of a fee charged under subclause 12(1)(d)(i).
Subsection 12(3) added: O.I.C. 2001-364, N.S. Reg. 94/2001.
Original Section 11 renumbered 12: O.I.C. 2001-364, N.S. Reg. 94/2001.
Costs to be awarded
13 If satisfied that the payor who is a party to a proceeding before the court could have avoided defaulting under a maintenance order, the court may award costs against the payor in the amount of $580.06 in favour of the Director.
Original Section 12 renumbered 13: O.I.C. 2001-364, N.S. Reg. 94/2001; amended: O.I.C. 2008-176, N.S. Reg. 181/2008.
Service of documents on Director
14 (1) Subject to subsection (4), for the purposes of the Act and these regulations, service on the Director of a notice or document shall be by registered mail to any postal address provided by the Director for that purpose, or by personal delivery to any regional office of the Director.
(2) For the purposes of clause 27C(1)(b) of the Act, service by the Director on a payor of a notice in Form 7 shall be effected by mailing it by registered mail to the most recent address in the Director’s records for the payor.
(3) For the purposes of the Act and these regulations, service by the Director on an administrator of a notice or document required to be served by the Director on an administrator shall be effected by registered mail to the postal address of the administrator provided by the administrator to the Director for that purpose, or by personally serving the administrator.
(4) For the purpose of subsection 27E(2) of the Act, service by a payor on the Director and on an administrator of a notice of an application shall be effected by personally serving the Director and the administrator, respectively.
Original Section 13 renumbered 14 and replaced: O.I.C. 2001-364, N.S. Reg. 94/2001.
Form 1
Statement of Financial Information
In the Family Court for the Province of Nova Scotia Court File Number
Under the Maintenance Enforcement Act MEP Case No.
Court Location
In the case between:
Name Applicant
and:
Name Respondent
Affidavit
I, (Name) ________________, at _____________ in the Province of Nova Scotia
MAKE OATH AND SAY:
1. THAT I have made a full and complete disclosure of my present financial situation in the Statement of Financial Information (exhibit “A”) which is attached to my affidavit.
2. THAT all the information contained in my Statement of Financial Information is true and correct.
Sworn before me at (Location) ______________ in the Province of Nova Scotia, on ______________, 19___.
A Commissioner for taking oaths in Respondent
the Province of Nova Scotia
Take Notice
It is an offence to give false information
FAILURE TO PROVIDE the Statement of Financial Information may lead to action being taken under Section 34 of the Maintenance Enforcement Act. This may include an order for your imprisonment, or an order for you to pay the Applicant an amount of up to $2000.
YOU MUST SUBMIT COPIES OF THE FOLLOWING DOCUMENTS WITH THE STATEMENT OF FINANCIAL INFORMATION:
(a) 3 most recent income tax returns certified by Revenue Canada and the assessment notice which relates to each of those returns;
(b) each pay stub or similar statement received by you or on your behalf from your employer to account for your employee income and deductions during the past 6 months;
(c) each statement of income other than employee income received by you or on your behalf during the past 6 months including unemployment insurance, disability, pension, superannuation and workers’ compensation benefits;
(d) most recent assessment notice for each property in which you hold a beneficial interest;
(e) all statements of accounts you have received from a savings institution, insurer, broker or other investment institution during the past 12 months; and
(f) a copy of each credit card statement you have received during the past 6 months.
Exhibit “A”
Personal Information - Section 1
Name - Last First Second
Address - Street City Province Postal Code
Birthdate - Day Month Year Age Driver’s Licence No. Social Insurance No.
Telephone - Home ____________________ Health No. ________________________
Do you use any other names? (If yes give details)
Are you a member of a union/trade/professional organization? ☐ No ☐ Yes
If yes please specify organization and membership No.
Do you have a trade, profession or other occupational qualification? ☐ No ☐ Yes
If yes give details
Marital status ☐ Single ☐ Married ☐ Other Specify
Please note that spouse includes your (a) Husband or wife, and (b) a man or woman who is living with you in a marriage-like relationship
Name of present spouse
Address of present spouse
Employer or source of income of spouse:
Do you have any children who are legally dependent on you for financial support?
☐ No ☐ Yes
If yes please fill in the following information:
1. Full name of dependant Age _____
Address (if different)
Relationship to you
2. Full name of dependant Age _____
Address (if different)
Relationship to you
3. Full name of dependant Age _____
Address (if different)
Relationship to you
Do you have any other person(s) dependent on your financial support? ☐ No ☐ Yes
Full name of dependant Age_____
Address
Relationship to you Reason for dependency
Income Information - Section II
(a) Employment
Current employer If more than one employer see below
Present address - Street City ProvincePostal code
Telephone What type of business
Your position ☐ Full time ☐ Part time
Gross monthly salary (attach pay slips) $ (To calculate monthly salary weekly salary x 4.33)
Net monthly salary $
Worksite ☐ Same as above ☐ Other (specify)
Current employer (use this section if more than one employer)
Present address - Street City Province Postal code
Telephone _________________________ What type of business
Your position _______________________ ☐ Full time ☐ Part time
Gross monthly salary (attach pay slips) $ (To calculate monthly salary
weekly salary x 4.33)
Net monthly salary $
Worksite ☐ Same as above ☐ Other (specify)
Have you received any tips, gratuities, bonuses or overtime payments within the last 12 months?☐ No☐ Yes
If yes please specify amount and give reason $
Have you received any commission income within the last 12 months? ☐ No☐ Yes
If yes please specify amount and give reason $
Have you received any other benefits in the last 12 months? ☐ No ☐ Yes
☐ Company car ☐ Loans ☐ Share purchase option ☐ House ☐ Savings plan
☐ RRSP ☐ Other (specify)
Estimated value of benefit
(b) Miscellaneous income
Do you have any income-producing hobbies? ☐ No ☐ Yes
If yes, specify income received within the last 12 months, give details about type of hobby $
(Specify)
List all monthly income received from any other sources:
Show any annual income received in the last 12 months as average monthly income by dividing by 12
Rental income $
Dividends $
Pensions (state type or source) $
Annuities $
Unemployment insurance $
Income assistance $
Spouse’s income (from pg. ) $
Other (income tax refunds, child tax credits,
inheritance, insurance settlement, etc.) Please specify $
(c) Self-employment
Please note If you have, or are involved in more than one business, photocopy this section and complete for each business.
Is your business a: ☐ Proprietorship ☐ Corporation ☐ Partnership
☐ Joint venture ☐ Other (specify)
If so provide the following information about any partners, principles, or participants.
Name Address Telephone
Name Address Telephone
Name Address Telephone
What type of business?
Name of business
Location (Street) City
Province Postal code Telephone
What is the net book value of your business (in total) $
List assets of your company (vehicles, equipment, licences, etc.)
Name of Accountant Address Telephone
Estimated equity $
What is the estimated market value (total) $
What % of the business is owned by you %
Estimated value of your % $
List income received from this business for the last 12 months
☐ Salary $ Show this income received as average $
☐ Bonuses $ monthly income by dividing by 12 $
☐ Commission $ $
☐ Dividends $ $
☐ Other $ $
Auto expenses $
Meal allowance $
(specify)
Please note. If you have, or are involved in more than one business, photocopy this section and complete for each business
Have you received any other benefits in the last 12 months? ☐ No ☐ Yes
☐ Company car ☐ Loans ☐ Share purchase option ☐ House ☐ Savings plan
☐ Pension contributions ☐ Other Specify
Estimated value of benefits $
If the business is a corporation is it ☐ Public ☐ Private ☐ Professional ☐ Other
Specify