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NEWFOUNDLAND

AND

LABRADOR

REGULATION 47/07

Support Orders Enforcement Regulations, 2007

under the

Support Orders Enforcement Act, 2006

(O.C. 2007-144)

(Filed

April 10, 2007

Under the authority of

section 77 of the Support Orders Enforcement Act, 2006,

the Lieutenant-Governor in Council makes the following regulations.

Dated at

St. Johns

March 24, 2007

Robert Thompson

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definition

Registration of support orders

Disclosure of information

Receipt presumed

Notification by facsimile

Service on corporation

Witness fee

Persistent arrears

Calculation

Classes of licences

Lottery prizes

Repeal

Short title

These regulations may be cited as the Support Orders Enforcement Regulations, 2007.

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Definition

In these regulations

(a)

"Act" means the Support Orders Enforcement Act, 2006

; and

(b)

" corporation

" means the Atlantic Lottery Corporation as defined in paragraph 56(1)(

a) of the Act.

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Registration of support orders

(1)Support orders made before or after the Act came into force may be registered with the director.

(2) In order to register a support order, a person shall submit to the director the following:

(

a) certified copy of the support order to be registered;

(

b) registration

information in a form prescribed by the minister; and

(

c) affidavit of arrears in a form prescribed by the minister.

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Disclosure of information

(1)In accordance with

section 12 of the Act, the director may disclose information retained by him or her

(

a) to a peace officer at his or her request, for the purpose of a proceeding under

section 282 or 283 of the Criminal Code

section 54 of the Children's Law Act;

(

b) to a consumer reporting agency, in addition to the information that may be disclosed under

section 13 of the Act, a debtors date of birth or social insurance number;

(

c) the minister or his or her designate for the purpose of the recalculation of child support under the Divorce Act

Canada

(

d) the Minister of Justice or his or her representative at his or her request; or

(

e) information

that is a component of general statistical data prepared by the director.

(2) The director may, in accordance with subsection 12(4) of the Act and for the purpose described in subsection 12(5) of the Act, post the following information regarding a debtor on the Internet

(

a) the

name of the debtor;

(

b) the

last known address of the debtor;

(

c) the

last known location of the debtor;

(

d) the

debtor's usual employment or occupation.

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Receipt presumed

(1)A person is considered to have received a document sent by regular mail 10 days after the date indicated on the document.

(2) Notwithstanding that a person has been notified by regular mail according to subsection (1), the person may make an application to the court to set aside any consequences of not having been notified of the document where the document

(

a) did

not come to his or her notice; or

(

b) came

to his or her notice only at some time later than when it was received or considered to have been received.

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Notification by facsimile

(1)Notification of a document may be made by telecopier

(2) A telecopier

may only be used for the purpose of the Act and these regulations if the telephone number for the telecopier

at which the notification is to take place has a seven-digit number that appears with the word "fax" or with any reference to a telecopier

(a)

, or attached to, or

(

b) a letter enclosing

any

document by or on behalf of the director.

(3) Confirmation of receipt by a receiving telecopier

shall be indicated on the facsimile confirmation sheet printed from the sending telecopier

and shall include the date and time of the transmission.

(4) A document that is sent for notification under the Act or these regulations by telecopier

transmission shall include a cover page indicating

(

a) the

name, address and telephone number of the sender;

(

b) the

name of the person to be notified;

(

c) the

date and time of the transmission;

(

d) the

total number of pages transmitted, including the cover page and the backsheet

(

e) the

telecopier

number from which the document is transmitted; and

(

f) the

name and telephone number of a person to contact in the event of a transmission problem.

(5) Transmission of a document by telecopier

is effective

(

a) the document is transmitted before

four o'clock

in the afternoon, then on the day of the transmission; or

(

b) if the document is transmitted after four o'clock in the afternoon, or at any time on a Saturday, Sunday or holiday, then on the day next following that is not a Saturday, Sunday or holiday.

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Service on corporation

Notwithstanding other provisions of these regulations, service of a document on a body corporate may be effected

in the manner provided by

section 402 of the Corporations Act.

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Witness fee

The witness fee required to be tendered on a person subpoenaed under

section 70 of the Act shall be in the amount specified for witness fees and allowances in the Small Claims Rules.

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Persistent arrears

For the purpose of the Act, "persistent arrears" shall be the lesser of

(

a) continuous period of 3 months in arrears of payment; or

(

b) arrears

in the amount of $1,000.

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Calculation

For the purpose of paragraph 44(3 )(

b) of the Act, the cost of complying with an attachment shall be an amount, not to exceed

(a)

$250 for a defined contribution pension plan; or

(b)

$500 for a defined benefit pension plan

that

reasonably represents the cost to the administrator of complying with the attachment.

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Classes of licences

All classes of driver's licences prescribed under Highway Traffic Act

are subject to the provisions of the Act.

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Lottery prizes

(1)Where a debtor who is in persistent arrears under a support order registered under the Act is entitled to a prize of $1000 or more from a lottery conducted and managed by the corporation, the corporation shall inform the director and the director shall issue a notice of garnishment under the authority of the Act.

(2) Upon receiving a notice of garnishment under subsection (1), the corporation shall

(

a) deduct

from the prize the amount of the arrears or the amount of the prize, whichever is less;

(

b) within

7 days, pay the amount deducted to the director; and

(

c) pay

any balance to the debtor.

(3) For the purpose of subsection (1),

(

a) the

director may exchange information with the corporation about debtors from the directors records, including their names and addresses and the status and particulars of their support obligations; and

(

b) the

corporation shall disclose to the director any identifying information about prize winners from its records, including their names and addresses.

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Repeal

The

Support Orders Enforcement Regulations

, Consolidated Newfoundland and Labrador Regulation 791/96, are repealed.

Earl G. Tucker, Queen's Printer