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Volume 54, No. 20

182/2011

The British Columbia Gazette,

Part II

November 1, 2011

B.C. Reg. 182/2011 , deposited October 27, 2011, pursuant to the FAMILY MAINTENANCE ENFORCEMENT ACT [sections 3, 15, 25.1 and 50]. Order in Council 526/2011, approved and ordered October 27, 2011.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Family Maintenance Enforcement Act Regulation, B.C. Reg. 346/88, is amended as set out in the attached Schedule.

— S. BOND, Attorney General ; S. CADIEUX, Presiding Member of the Executive Council .

Schedule

Section 3 of the Family Maintenance Enforcement Act Regulation, B.C. Reg. 346/88, is amended

(

a) by renumbering the

section as subsection (1),

(

b) in subsection (1) by striking out " The prescribed forms " and substituting " Subject to subsection (2), the prescribed forms ", and

(

c) by adding the following subsection:

(2) If a form listed in subsection (1) is transmitted electronically, the prescribed form may be a digital form that contains the information required in the applicable form set out in the Schedule.

Section 4 is repealed and the following substituted:

Filing orders with the director

4 The prescribed manner for filing a maintenance order under

section 3 (1) or 6 (6) of the Act is to provide the director with a copy of the maintenance order.

Section 6.4 (2) is repealed and the following substituted:

(2) For the purposes of subsection (1), "income assistance" means the following:

(

a) income assistance paid under

section 28 of B.C. Reg. 263/2002, the Employment and Assistance Regulation;

(

b) disability assistance paid under

section 24 of B.C. Reg. 265/2002, the Employment and Assistance for Persons with Disabilities Regulation.

Section 8 is amended

(

a) in subsection (1) by striking out " or " at the end of paragraph (

a) and by adding the following paragraphs:

(

c) by facsimile, or

(

d) by electronic transmission using secure web services or by other similar secure means. ,

(

b) in subsection (2) by striking out " or " at the end of paragraph (

a) and by adding the following paragraphs:

(

c) by facsimile, or

(

d) by electronic transmission using secure web services or by other similar secure means. ,

(

c) by adding the following subsection:

(3.1) A notice of attachment sent in accordance with subsection (1) or (2) is deemed to have been served on an attachee

(

a) if sent by mail, 14 business days after being sent,

(

b) if sent by facsimile or electronic transmission, 3 business days after being sent. , and

(

d) in subsection (7) by striking out " Rule 13 (5) to (8) " and substituting " Subject to subsections (1) and (2), Rule 17 (5) to (8) ".

Section 9 (2) is amended by striking out " , at the court location where the notice of attachment was filed, " and substituting " , at the court location where the maintenance order was filed ".

Section 9.1 (2) (

b) is repealed and the following substituted:

(

b) the director, by ordinary mail or by electronically transmitting the information required under subsection (1) to the director using secure web services or by other similar secure means within 5 days of service of a notice of attachment.

Section 22 is amended

(

a) by renumbering the

section as subsection (1), and

(

b) by adding the following subsection:

(2) For the purposes of

section 25.1 (4) of the Act, the prescribed prize amount is $9 999.99.

8 The

Schedule is amended in the notice of attachment form, with respect to the parts entitled " Notice of Attachment (net pay) " and " Notice of Attachment (gross pay) ",

(

a) by repealing paragraphs 3 and 4 and substituting the following:

3. Payments must be made by electronic means or sent by cheque within 5 days after you deduct them from money owing to the Debtor.

(

b) by renumbering paragraph 5 as paragraph 4 and paragraph 6 as paragraph 5,

(

c) in paragraph 4 by striking out " Please keep a copy for your records. ", and

(

d) by striking out " [ ] COURT copy " at the bottom of the form.

9 The

Schedule is amended in the response by attachee form by striking out the following:

You must send this Response to the Director at the Family Maintenance Enforcement Program Office noted at the top of this form within 10 days of receipt of the Notice of Attachment.

Please make a photocopy for your own record.

and substituting the following:

You must send the Response to the Director within 10 days of receipt of the Notice of Attachment.

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