MAINTENANCE ENFORCEMENT ACT (RSA 2000 cM-1)

RSA 2000 cM-1

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter M-1 Current as of April 1, 2023 MAINTENANCE ENFORCEMENT ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Maintenance Enforcement Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg.

Amendments Maintenance Enforcement Act Interjurisdictional Support Orders .................. 4/2003 ............. 164/2010, 81/2016, 74/2023 Maintenance Enforcement .............................. 2/86 ................. 151/89, 348/94, 71/95, 29/2000, 90/2000, 251/2001, 4/2003, 32/2004, 194/2004, 8/2005, 212/2005, 241/2008, 324/2009, 164/2010, 227/2011, 15/2015, 112/2017, 235/2018, 157/2019

1 MAINTENANCE ENFORCEMENT ACT

Chapter M-1 Table of Contents 1

Interpretation 2 Maintenance order 3 Binds the Crown 4 Director of Maintenance Enforcement 5 Enforcement by Director 5.1 Protection of Director and staff 6 Filing of orders 7 Orders made after December 31, 1986 7.1 Change in care and control 8 Debtor may file order 9 Withdrawal of filing 1 0 Notice by Director 10.1 Agreements 10.2 Court of Justice jurisdiction preserved 1 1 Enforcement by Director exclusive 11.1 Variable maintenance order 1 2 Access to information 1 3 Provision of info rmation to Director 13.1 Designated offices 1 4 Locating of debtor 14.1 Locating creditor 1 5 Providing information 1 6 Enforcement 1 7 Support deduction notice 17.1 Support deduction notice re reti rement savings entitlement 1 8 Support deduction notice issued by another jurisdiction 1 9 Order for payment 2 0 P r i o r i t y 2 1 Filing of maintenance order 2 2 Notice to the Registrar of motor vehicles 22.1 Notice to Minister re fish ing and hunting licences

RSA 2000

Section 1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 2 2 3 Registration of orders 2 4 Information to be provided when in default 2 5 Statement of finances required by Court 25.1 Deterrent charges 25.3 Updating contact information 2 6 Offence 2 7 Summons 2 8 Default hearing 2 9 Warrant for arrest 3 0 Court order 3 1 Other assets 3 2 Stay of enforcement 3 3 Appeal 3 4 Restraining order 3 5 Arrest of absconding debtor 3 6 Application of payments 3 7 Capacity of minor 3 8 Limitation 3 9 Variation 4 0 Employers 4 2 Provision unenforceable 4 3 Costs of enforcement 4 4 Substitutional service 44.1 Fees not payable by Director 45 Regulations Consequential Amendments and Coming into Force 47-49 Consequential amendments 5 0 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “creditor” means a person entitled under a maintenance order to receive money for maintenance on the person’s own behalf or on behalf of another person; (b) “debtor” means a person required under a maintenance order to pay money for maintenance;

RSA 2000

Section 1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 3 (c) “Director” means the Direct or of Maintenance Enforcement appointed under

section 4; (d) “maintenance” means maintenance, support or alimony and includes (

i) an amount payable periodically, whether annually or otherwise and whether for an indefinite or limited period or until the happening of a specified event, (ii) a lump sum, (iii) expenses in respect of pren atal care and the birth of a child, (iv) an amount payable under a King’s Bench protection order under the Protection Against Family Violence Act, (

v) a charge on property or otherwise as security for the payment of maintenance, or (vi) interest or the payment of legal fees or other expenses arising in relation to maintenance; (e) “maintenance order” means an order or interim order of a court in Alberta, a King’s Bench protection order under the Protection Against Family Violence Act or an order, other than a provisional order that has not been confirmed, registered under the Reciprocal Enforcement of Maintenance Orders Act or the Interjurisdictional Support Orders Act that has a provision requiring the payment of maintenance; (f) “support deduction notice” means a support deduction notice issued by the Director under

section 17.

(2) An agreement entered into under any of the following provisions is deemed to be a maintenance order under this Act: (

a) Part 5 of the Income and Employment Supports Act; (

b) section 6 of the Parentage and Maintenance Act, RSA 2000 cP-1; (

c) section 27 of the Income Support Recovery Act, RSA 2000 cI-1.

RSA 2000

Section 2

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 4

(3) A maintenance agreement entered into under the Child, Youth and Family Enhancement Act is deemed to be a maintenance order under this Act. RSA 2000 cM-1 s1;2002 cI-3.5 s49;2003 c16 s117;2004 c18 s2; AR 217/2022 Maintenance order 2(1) Only that part of a maintenance order that relates to the payment or security of payment of maintenance may be enforced under this Act.

(2) Arrears of maintenance payable under a maintenance order may be enforced under this Act whether the arrears accrued (

a) before or after the mainten ance order is filed with the Director, or (

b) before or after the coming into force of this Act. 1985 cM-0.5 s2 Binds the Crown 3 This Act binds the Crown in right of Alberta. 1985 cM-0.5 s3 Director of Maintenance Enforcement 4(1) The Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act shall appoint a person as the Director of Maintenance Enforcement for the purposes of this Act.

(2) The Director may delegate any power, duty or function conferred or imposed on the Director under this Act, including the power to delegate or subdelegate, to any person for any purpose. 1985 cM-0.5 s4;1994 cG-8.5 s89 Enforcement by Director 5(1) Subject to subsection (2), if the Director considers it practicable to do so, the Director shall enforce a maintenance order that is filed with the Director in the manner the Director considers appropriate and the Director, for that purpose, may commence and conduct a proceeding in the name of the Director as if the Director were a creditor under the maintenance order.

(2) The Director may refuse to enforce more than 3 years of the arrears of maintenance payable under a maintenance order.

RSA 2000

Section 5.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 5

(3) The period of 3 years under subsection (2) begins 3 years before the date on which the Director initiates the current proceedings to enforce the payment of maintenance under the maintenance order. 1985 cM-0.5 s5 Protection of Director and staff 5.1 No action lies against the Director or a person acting for or under the direction of the Director for anything done or omitted to be done in good faith in the exercise or performance or the intended exercise or performance of a power, duty or function under this Act. 2004 c18 s3 Filing of orders 6(1) If a debtor defaults in the payment of maintenance under a maintenance order entered into, made by a court in Alberta or registered under the Reciprocal Enforcement of Maintenance Orders Act before January 1, 1987, (

a) a creditor under the order, or (

b) the Minister responsible for the Income and Employment Supports Act in respect of a creditor under the order who is eligible for or has received assistance as defined in

Part 5 of that Act, (

c) repealed 2003 cI-0.5 s57, may file the order with the Director.

(2) A maintenance order may be filed with the Director under subsection (1) whether (

a) the order is made, entered into or registered before or af ter the coming into force of this Act, or (

b) the default occurs before or after the coming into force o f this Act. RSA 2000 cM-1 s6;2003 cI-0.5 s57 Orders made after December 31, 1986 7(1) Every maintenance order made by a court in Alberta after December 31, 1986 shall (

a) state in the order that the amounts owing under the order shall be paid to the creditor through the Director, if the order is filed with the Director by the creditor or the debtor, unless the order is withdrawn from the office of the Director, and

RSA 2000

Section 7.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 6 (

b) be filed with the Director by the clerk of the court that made the order, forthwith after it is filed with the clerk.

(2) Every maintenance order made by a court outside Alberta that is registered with the Court of King’s Bench under the Reciprocal Enforcement of Maintenance Orders Act after December 31, 1986 or under the Interjurisdictional Support Orders Act shall be filed by the clerk of the Court of King’s Bench with the Director forthwith after it is registered.

(3) A maintenance order made or entered into after December 31, 1986 that is not filed with the Director by the clerk of the court under subsection (1) or (2) may be filed at any time with the Director by (

a) a creditor under the order, or (

b) the Minister responsible for the Income and Employment Supports Act in respect of a creditor under the order who is eligible for or has received assistance as defined in

Part 5 of that Act. (

c) repealed 2003 cI-0.5 s57. (4) Subsection (1) does not apply to a maintenance order made under the Child, Youth and Family Enhancement Act. RSA 2000 cM-1 s7;2002 cI-3.5 s49;2003 cI-0.5 s57;2003 c16 s117; 2020 c39 s8;AR 217/2022 Change in care and control 7.1(1) Where a maintenance order provides that a payment for the support of a child shall be made to any person who assumes the care and control of the child notwithstanding that the person is not a party to the order, the person who assumes the care and control of the child shall notify the Director by registered mail of the change in care and control.

(2) On being notified of a change in the care and control of a child referred to in subsection (1) and on confirming the location of the child, the Director shall direct the payment of money received by the Director in respect of the maintenance order to the person having the care and control of the child, and the person is deemed to be a creditor under this Act. 2003 cF-4.5 s119 Debtor may file order 8 Notwithstanding sections 6 and 7, a debtor under a maintenance order may file the order with the Director. 1999 c25 s2

RSA 2000

Section 9

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 7 Withdrawal of filing 9(1) Subject to

section 10(3), a creditor may withdraw a maintenance order filed by the creditor with the Director by filing with the Director at any time a notice in writing stating that the creditor does not wish to have the maintenance order enforced by the Director.

(1.1) Subject to

section 10(3), a debtor may withdraw a maintenance order filed by the debtor with the Director by filing with the Director at any time a notice in writing stating that the debtor does not wish to have the maintenance order enforced by the Director.

(2) Subject to the regulations, a maintenance order that has been withdrawn may be refiled with the Director. RSA 2000 cM-1 s9;2001 c23 s8 Notice by Director 10(1) The Director shall give notice of the filing or withdrawal of a maintenance order to all the parties to the order.

(2) The Minister responsible for the Income and Employment Supports Act may notify the Director that the Crown in right of Alberta has the rights of the creditor under

Part 5 of the Income and Employment Supports Act.

(3) If the Director has received notice under subsection (2), or if the Minister responsible for the Income and Employment Supports Act filed the maintenance order with the Director, the maintenance order shall not be withdrawn under

section 9 without the consent of the Minister responsible for the Income and Employment Supports Act.

(4) Notice under this

section may be effected by mail.

(5) The validity of proceedings under this Act is not affected by the inability of the Director, after reasonable effort, to give notice to a party under subsection (1). RSA 2000 cM-1 s10;2003 cI-0.5 s57 Agreements 10.1(1) Where persons who are eligible to be parties to a maintenance order enter into an agreement that contains provisions providing for the payment of maintenance, either party, or the Director on behalf of either party, may file that agreement with the Court of King’s Bench.

(2) On

RSA 2000

Section 10.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 8 (

a) an agreement being filed with the Court under subsection (1), and (

b) the party filing the agreem ent giving notice of the filing to the other party and the Director, or if the Director filed the agreement on behalf of one of the parties, the Director giving notice to the other party, that agreement, subject to the regulations and during the time that the agreement remains filed with the Court, may be enforced and dealt with under this Act with respect to maintenance in the same manner as if the agreement were a maintenance order.

(3) Within 30 days from the day that a party to the agreement is notified under subsection (2)(

b) of the filing of the agreement, either party may apply to the Court to have the filing set aside.

(4) On an application under subsection (3), the Court may set aside the filing of an agreement if the Court considers it appropriate to do so in the circumstances.

(4.1) Repealed 2004 c18 s4.

(5) A maintenance order may not be varied by an agreement to which this

section applies.

(6) An agreement to which this

section applies may be varied by a maintenance order.

(7) Subject to the regulations, an agreement to which this

section applies may be varied by a new agreement to which this

section applies.

(8) This

section applies only to agreements entered into on or after a day specified in the regulations that meet the requirements of the regulations.

(9) This

section does not apply to agreements entered into under

Part 5 of the Income and Employment Supports Act or under the Parentage and Maintenance Act, RSA 2000 cP-1, or the Income Support Recovery Act, RSA 2000 cI-1.

(10) An agreement to which this

section applies may not vary an agreement entered into under

Part 5 of the Income and Employment Supports Act or under the Parentage and Maintenance Act, RSA 2000 cP-1, or the Income Support Recovery Act, RSA 2000 cI-1, and an agreement under

Part 5 of the Income and Employment Supports Act or under the Parentage and Maintenance Act, RSA 2000 cP-1, or the Income Support Recovery Act, RSA 2000 cI-1

RSA 2000

Section 10.2

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 9 prevails over any term of an agreement under this

section with which it conflicts. RSA 2000 c17(Supp) s2;2001 c23 s8;2004 c18 s4;2006 c6 s2; AR 217/2022 Court of Justice jurisdiction preserved 10.2(1) The filing of a maintenance agreement with the Court of King’s Bench pursuant to

section 10.1 does not affect the rights of the parties to the agreement to apply to the Court of Justice for a maintenance order.

(2) The filing with the Court of King’s Bench by the Director of a maintenance order granted by the Court of Justice does not affect the rights of the parties to the maintenance order to apply to the Court of Justice for a variation of that order. 2004 c18 s5;AR 217/2022;AR 75/2023 Enforcement by Director exclusive 11(1) No person other than the Director shall take proceedings to enforce a maintenance order during the time it is filed with the Director.

(2) Subject to subsection (1), nothing in this Act prohibits the Director or a creditor from taking proceedings pursuant to another Act to enforce a maintenance order. 1985 cM-0.5 s10 Variable maintenance order 11.1(1) In this section, “variable maintenance order” means a maintenance order filed with the Director that specifies different amounts payable by the debtor each month or other period set out in the order depending on differing circumstances set out in the order.

(2) A debtor under a variable maintenance order shall, at the times and in the form and manner required by the Director, provide the information to the Director that in the opinion of the Director is necessary to verify the amounts payable under the order from time to time.

(3) If a debtor fails to provide information to the Director in accordance with subsection (2), the Director may charge and collect each month or other period set out in the variable maintenance order the highest amount payable by the debtor under the variable maintenance order until the debtor provides the information to the Director.

RSA 2000

Section 12

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 10

(4) No amount that is charged and collected by the Director under subsection (3) is recoverable by the debtor, and no action lies against the Director or the creditor in respect of that amount. 2004 c18 s6 Access to information 12(1) In this section, (a) “funds” means funds as d efined in the regulations; (b) “Provincial agency” means a Provincial agency as defined in the Financial Administration Act; (c) “statutory agent” means a person that is designated or established as an agent of the Crown in right of Alberta by or under an enactment of Alberta.

(2) Notwithstanding any other Act, the Crown in right of Alberta, a Provincial agency and a statutory agent shall provide to the Director, on request, for the purpose of enforcing a maintenance order under this Act, the following information that is shown on a record in the possession or control of the Crown in right of Alberta, the Provincial agency or the statutory agent: (

a) the social insurance numbe r or any similar identification number issued by a jurisdiction other than Canada, residential address, residential telephone number, employment telephone number, cellular telephone number and e-mail address of the debtor; (

b) the name, address, telephone number and e-mail address of the debtor’s employer; (

c) any financial information concerning the debtor.

(3) Notwithstanding any other Act but subject to the regulations, (

a) the Crown in right of Alberta, and (

b) a n y (

i) Provincial agency, (ii) statutory agent, or (iii) other entity designated in the regulations

RSA 2000

Section 13

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 11 shall, before paying out funds or approving the paying out of funds to or on behalf of an individual or to an agent of an individual, provide the Director with the name of the individual and any other information described in the regulations about the individual and hold those funds or withhold the approval of those funds, as the case may be, for a period of not less than 3 business days unless the Director notifies the Crown in right of Alberta, the Provincial agency, the statutory agent or the other entity, as the case may be, that the funds may be released before that time.

RSA 2000 cM-1 s12;2001 c23 s8;2002 cI-3.5 s49;2004 c18 s7 Provision of information to Director 13(1) In this section, (a) “business organization” means (

i) a bank, credit union, loan corporation, trust corporation, insurance corporation or ATB Financial; (ii) a utility; (iii) a municipality; (iv) a professional or occupational association or organization; (

v) a non-profit association or organization; (vi) a business whos e primary activities include payday loans and other forms of cheque cashing; (vii) any employers or former employers of debtors; (viii) any organization of employees (

A) that has as one of its objects the regulation of relations between employers and employees, and (

B) that carries out functions for the purpose of facilitating the employment of those employees; (ix) any other business, corporation, association or organization specified in the regulations as a business organization for the purpose of this clause; (b) “utility” means a corporation or other entity authorized t o supply or distribute electrical energy, signals for communication systems, telephone, gas, water or any other services prescribed or otherwise described in the regulations to the public or a consumer in Alberta.

RSA 2000

Section 13.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 12

(2) On the request of the Director, for the purpose of enforcing a maintenance order under this Act, a business organization shall, if the business organization has the information, provide to the Director the following: (

a) the social insurance numbe r or any similar identification number issued by a jurisdiction other than Canada, residential address, residential telephone number, employment telephone number, cellular telephone number and e-mail address of the debtor; (

b) the name, address, telephone number and e-mail address of the debtor’s employer; (

c) any financial information concerning the debtor.

(3) If in the opinion of the Director a person other than a business organization has information relating to the debtor’s location, employment or financial affairs, the Director may apply to the Court of King’s Bench for an order directing that person to provide to the Director the information specified in the order.

(4) An application under subsection (3) may be made ex parte or on any notice that the Court considers appropriate in the circumstances. RSA 2000 cM-1 s13;2004 c18 s8;2009 c53 s105;2010 c16 s3; 2017 c22 s34;AR 217/2022 Designated offices 13.1(1) ATB Financial and every credit union that carries on business in Alberta shall designate an office in Alberta for service of support deduction notices and requests for information under

section 13.

(2) Service of a support deduction notice or a request for information under

section 13 on an office designated under subsection (1) constitutes service on every branch of ATB Financial or a credit union, as the case may be.

(3) The designation of an office under subsection (1) must be made on or before the later of (

a) the last day of the 3-month period beginning on the day th at this

section comes into force, and (

b) the last day of the 3-month period beginning on the day on which ATB Financial or the credit union begins to carry on business in Alberta.

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Section 14

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 13

(4) ATB Financial and every credit union that designates an office under subsection (1) shall advise the Director by notice in writing, delivered by registered mail, of the name and address of the designated office.

(5) Notice to the Director under subsection (4) must be provided within 10 days after the designation is made.

(6) If ATB Financial or a credit union intends to change the office that it has designated under subsection (1), it shall, at least 30 days before the change is made, provide notice of the name and address of the new office to the Director in the manner provided for under subsection (4).

(7) If ATB Financial or a credit union fails to comply with this section, the Director may serve a support deduction notice or a request for information under

section 13 on any branch of ATB Financial or the credit union and that service is effective on every branch of ATB Financial or the credit union, as the case may be, as if service of the support deduction notice or request for information had been made on a designated office. 2004 c18 s9;2017 c22 s34 Locating of debtor 14 The Director may employ any method that the Director considers appropriate to advertise for information as to, or otherwise make inquiries in order to determine, the whereabouts, assets, employment and financial circumstances of a debtor.

RSA 2000 cM-1 s14;2004 c18 s10 Locating creditor 14.1 The Director may, in writing, request any one or more of the following to provide in writing any information in its possession or control respecting the whereabouts of a creditor: (

a) the Government; (

b) a Provincial agency or stat utory agent as defined in

section 12(1); (

c) a business organization as defined in

section 13(1)(a). 2010 c16 s3 Providing information 15(1) Information received by the Director under this Act may be used only for the purpose of enforcing a maintenance order and is otherwise confidential.

(2) Notwithstanding subsection (1), the Director must provide information received by the Director under this Act to the

RSA 2000

Section 15

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 14 Ombudsman for the purpose of an investigation conducted under the Ombudsman Act.

(3) Notwithstanding subsection (1), the Director may, subject to the regulations, (

a) provide information about a debtor or creditor that is in the records of the Director (

i) to a person in a position si milar to that of the Director in a reciprocating jurisdiction under the Interjurisdictional Support Orders Act, or (ii) to a court or a person engaged in the administration of (

A) the Interjurisdictional Support Orders Act, or (

B) legislation similar to the Interjurisdictional Support Orders Act in a reciprocating jurisdiction under the Interjurisdictional Support Orders Act for the purpose of fac ilitating the service of an application under the Interjurisdictional Support Orders Act or an application under the Divorce Act to vary a support order; (

b) in a case where a recipro cating jurisdiction under the Interjurisdictional Support Orders Act is enforcing a maintenance order at the request of the Director on behalf of a creditor residing in Alberta, advise the creditor of the name of that jurisdiction; (

c) in a case where the Direct or is enforcing a maintenance order at the request of a reciprocating jurisdiction under the Interjurisdictional Support Orders Act, advise the debtor of the name of that jurisdiction; (

d) if a debtor is in arrears in the payment of maintenance un der a maintenance order filed with the Director, provide that information and any other ancillary information (

i) to any person or organization that provides credit ratings in respect of persons, and (ii) to any professional or o ccupational association or organization of which the debtor may be a member; (

e) provide informa tion received by the Director under this Act to any person who may have an interest in the financial

RSA 2000

Section 16

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 15 affairs of the debtor and to any other person specified by the regulations; (e.1) if the Director considers it appropriate to do so, provide information respecting a debtor or creditor that is in the records of the Director, or information respecting a maintenance order filed with the Director in respect of a debtor or creditor, to the child support recalculation program under the Family Law Act for the purposes of that program; (

f) if the Director considers it appropriate to do so, provide to any law enforcement agency in Canada any information received by the Director under this Act to assist in an investigation (

i) undertaken with a view to a law enforcement proceeding, or (ii) from which a law enforcem ent proceeding is likely to result; (

g) if the Director considers it appropriate to do so, provide personal information to any person where the individual the information is about has identified the information and has consented to the disclosure; (

h) provide the necessary information to a debtor or a credito r about transactions to an account; (

i) if the Director considers it appropriate to do so, provide information to the surviving spouse or adult interdependent partner or relative of a deceased creditor or debtor; (

j) if the Director believes, on reasonable grounds, that the disclosure will avert or minimize an imminent danger to the health or safety of any person. RSA 2000 cM-1 s15;2001 c23 s8;2004 c18 s11; 2008 c15 s5;2010 c16 s3;2013 cC-12.5 s16 Enforcement 16(1) The Director or a creditor may file with the Court of King’s Bench a maintenance order that is not otherwise filed with the Court and, on being filed, the parts of the maintenance order that relate to maintenance are deemed to be a judgment of the Court of King’s Bench.

(2) If a maintenance order filed under subsection (1) was made by the Court of Justice, the Court of King’s Bench may from time to time vary the order either by altering the times of payment or by increasing or decreasing the amount, or may temporarily suspend

RSA 2000

Section 17

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 16 the order as to the whole or any part of the money so ordered to be paid and may again revive the order wholly or in part, as the Court of King’s Bench considers appropriate. RSA 2000 cM-1 s16;AR 217/2022;AR 75/2023 Support deduction notice 17(1) At the request of a debtor or where a debtor has defaulted in the payment of maintenance required under a maintenance order that is filed with the Director, the Director may issue a support deduction notice.

(2) Notwithstanding any other Act, service in accordance with the regulations of a support deduction notice on the person required to pay under the support deduction notice binds, in accordance with the regulations and without further service, (

a) all money owing or payable o n the date of service to the debtor or an agent of the debtor by the person required to pay, (

b) all money that becomes owing or payable from time to time after the date of service to the debtor or an agent of the debtor by the person required to pay, and (

c) the portion of jointly owed money that is deemed under subsection (3) to be owned by the debtor.

(3) If a person required to pay under a support deduction notice owes money jointly to a debtor and one or more other persons, for the purposes of this Act it is deemed that the money is divided into as many equal portions as there are persons who are owed the money jointly and that the debtor is the unconditional and sole owner of one portion of the money.

(4) The Director and the debtor and any person who is owed money jointly with the debtor may, in accordance with the regulations, apply to the Court of King’s Bench (

a) for an order that the deb tor is entitled to a smaller or greater portion of the money, and (

b) for appropriate relief.

(5) Notice of an application under subsection (4) must be served, (

a) if the applicant is the deb tor or a person who is owed money jointly with the debtor, on all the other persons who are owed the money jointly, the creditor and the Director, or

RSA 2000

Section 17.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 17 (

b) if the applicant is the D irector, on all the persons who are owed money jointly.

(6) A support deduction notice remains in effect without further service until (

a) the date shown on the support deduction notice, (

b) notice terminating the support deduction notice is given b y the Director in accordance with the regulations, or (

c) the Court of King’s Bench orders otherwise, whichever occurs first.

(7) The person required to pay under a support deduction notice shall pay the money as it becomes payable to the Director in accordance with the notice.

(8) Payment by a person to the Director in accordance with a support deduction notice served on that person discharges the obligation of that person to the debtor or an agent of the debtor to the extent of the payment.

(9) If a person fails to pay in accordance with a support deduction notice served on that person or fails to respond to the support deduction notice in accordance with the regulations, (

a) the Court of King’s Bench may order payment by that person of the amount unpaid, (

b) the order of the Court unde r clause (

a) may be enforced in any manner that an order of the Court may be enforced, and (

c) the Court shall award costs of the order and its enforcement against that person.

(10) A notice of continuing attachment issued by the Director before the coming into force of this

section is deemed to be a support deduction notice for the purposes of this Act. RSA 2000 cM-1 s17;2004 c18 s12;2009 c53 s105;AR 217/2022 Support deduction notice re retirement savings entitlement 17.1(1) In this section, (a) “financial institution” means the financial institution th at administers the retirement savings vehicle in question;

RSA 2000

Section 17.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 18 (b) “LIF” means a retirement in come arrangement, known as a life income fund, that is a RRIF that will not commence before the person entitled to it attains the age of 50 years; (c) “LIRA” means a locked-in re tirement account as defined in the Employment Pension Plans Act; (

d) repealed 2012 cE-8.1 s160; (e) “retirement income arra ngement” means a retirement income arrangement as defined in the Employment Pension Plans Act; (f) “retirement savings vehic le” means a LIF or LIRA; (g) “RRIF” means a retirement in come fund within the meaning of the Income Tax Act (Canada) that is registered under the Income Tax Act (Canada).

(2) Notwithstanding any other law, the Director may enforce a maintenance order by serving the financial institution with a support deduction notice in respect of the debtor’s entitlement under a retirement savings vehicle.

(2.1) The amount required to be paid in accordance with a support deduction notice referred to in subsection (2) is net of (

a) the contractual payment that may be payable to the financial institution as a result of the institution’s compliance with the support deduction notice, and (

b) the tax that the financia l institution is required to withhold on account of the debtor’s income tax liability in order to comply with the institution’s legal obligations in that regard.

(2.2) For the purposes of

section 17(2)(a), on service of a support deduction notice the aggregate of the following is deemed to be owing and payable to the debtor or an agent of the debtor by a financial institution in respect of a debtor’s entitlement in relation to a retirement savings vehicle: (

a) the amount required to b e paid in accordance with the support deduction notice; (

b) the tax the financial institution is required to withhold on account of the debtor’s income tax liability in order to comply with the institution’s legal obligations in respect of the amount referred to in clause (a);

RSA 2000

Section 18

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 19 (

c) the contractual payment payable to the financial instituti on as a result of the institution’s compliance with the support deduction notice.

(3) Except as otherwise provided in the regulations, the provisions of this Act and the regulations relating to support deduction notices apply to a support deduction notice under this section. 2004 c18 s12;2006 c6 s3;2012 cE-8.1 s160 Support deduction notice issued by another jurisdiction 18(1) Subject to the regulations, if (

a) there is filed with the Director (

i) an order or other document that in the opinion of the Director is similar in nature to a maintenance order under this Act and under which a person is required to make a payment that is similar in nature to maintenance under this Act, and (ii) a document that in the opin ion of the Director is similar in nature to a support deduction notice under this Act relating to the property or funds of that person, (

b) in the opinion of the Director, the order or other documen t referred to in clause (a)(

i) and the document referred to in clause (a)(ii) are made, granted or otherwise issued by a competent authority in a jurisdiction outside Alberta, and (

c) the debtor is not in Alberta but has or is purported to ha ve property or funds located in Alberta, the Director may serve the document referred to in clause (a)(ii) on a person in Alberta for the purpose of attaching that property or those funds.

(2) A document served under subsection (1) may be served in the same manner as a support deduction notice under this Act may be served.

(3) For the purposes of this Act, once a document referred to in subsection (1)(a)(ii) is served, it has the same force and effect and may be dealt with in the same manner as a support deduction notice under this Act. RSA 2000 cM-1 s18;2004 c18 s12 Order for payment 19(1) When a debtor is in receipt of or is entitled to receive a salary, wages or other remuneration from an employer or any other person engaging the services of the debtor, on application by the

RSA 2000

Section 20

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 20 creditor, the Court of King’s Bench may make an order directing the payment to a clerk of the Court at a place specified in the order of that part of the salary, wages or other remuneration specified in the order.

(2) The part of the salary, wages or other remuneration specified in an order made under subsection (1) may include an amount to be applied to reduce arrears of maintenance payable under the maintenance order.

(3) An order made under subsection (1) shall be directed to the debtor and the employer or other person and shall be expressed to continue for the time the Court of King’s Bench fixes or until the Court orders otherwise.

(4) An order made under subsection (1) shall be served on the employer or other person and when served binds that part of the salary, wages or other remuneration specified in the order.

(5) On being served with an order made under subsection (1), the employer or other person shall (

a) notify the debtor forthwith, and (

b) pay that part of the salary, wages or other remuneration specified in the order to the clerk of the Court of King’s Bench in accordance with the order.

(6) Payment by an employer or other person to the clerk of the Court of King’s Bench in accordance with an order made under subsection (1) discharges the obligation of the employer or other person to the debtor to the extent of the payment.

(7) If the employer or other person fails to pay in accordance with an order made under subsection (1) or fails to respond to the order, (

a) the Court of King’s Bench may order payment by that employer or other person of the amount unpaid, (

b) the order of the Court made under clause (

a) may be enforced in any manner that an order of the Court may be enforced, and (

c) the Court shall award costs of the order and its enforcement against that employer or other person. RSA 2000 cM-1 s19;AR 217/2022 Priority 20(1) Notwithstanding any other Act, a maintenance order, whether filed with the Director or not, takes priority over any

RSA 2000

Section 21

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 21 unsecured judgment debt of the debtor, other than another maintenance order.

(2) Notwithstanding any other Act, a support deduction notice takes priority over any other enforcement proceeding in respect of any unsecured judgment debt of the debtor, including another maintenance order, from the date on which the support deduction notice is served on the person required to pay under it.

(3) Money paid to the Director in respect of a maintenance order is not attachable under any other Act. RSA 2000 cM-1 s20;2004 c18 s13 Filing of maintenance order 21(1) The Director or a creditor may register a maintenance order in the Personal Property Registry.

(2) If a maintenance order is registered under subsection (1), the order is deemed to be a writ of enforcement for the amount that the payment ordered is in arrears from time to time.

(3) Notwithstanding any other Act, a maintenance order registered under this

section takes priority over any other writ of enforcement. 1985 cM-0.5 s16;1990 c29 s16;1994 cC-10.5 s141 Notice to the Registrar of motor vehicles 22(1) In this

section and

section 45, “Registrar” means Registrar as defined in the Traffic Safety Act.

(2) If a debtor has defaulted in the payment of maintenance required under a maintenance order that is filed with the Director, the Director may, subject to the regulations, give notice to the Registrar to refuse to provide or otherwise restrict the provision of functions or services pursuant to

section 58 of the Traffic Safety Act.

(3) If (

a) a debtor has defaulted in the payment of maintenance required under a maintenance order that is filed with the Director, and (

b) that default in payment or in any portion of that payment has existed for more than 60 days, the Director may, subject to the regulations, give notice to the Registrar to suspend any operator’s licence issued to the debtor as requested in the notice.

RSA 2000

Section 22.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 22

(4) Even though payments are in default under a maintenance order for which notice is given under subsection (2), if the debtor makes arrangements for making payments of maintenance that are satisfactory to the Director, the Director shall permit the Registrar to issue the debtor an operator’s licence or certificate of registration effective for a period of 2 years or less, as specified by the Director, and permit the Registrar to carry out any function, service, issuance, renewal, registration or any other dealing referred to in

section 58 of the Traffic Safety Act.

(5) Even though payments are in default under a maintenance order for which notice is given under subsection (3), if the debtor makes arrangements for making payments of maintenance that are satisfactory to the Director, the Director shall permit the Registrar to reinstate that debtor’s operator’s licence subject to any terms or conditions imposed by the Director respecting the making of the payments.

(6) The Director shall notify the Registrar when the payments under a maintenance order for which notice is given under subsection (2) or (3) are no longer in default.

(7) Notwithstanding anything in this section, where a debtor is subject to a maintenance order that is filed with the Director, the Director may, subject to the regulations, notify the Registrar of that fact and request that the Registrar make the debtor’s operator’s licence subject to any terms or conditions that the Director considers appropriate in the circumstances.

(8) The Director shall notify the Registrar when a maintenance order with respect to which a notice is filed with the Registrar is withdrawn under this Act. RSA 2000 cM-1 s22;RSA 2000 cT-6 s202;2009 c35 s8 Notice to Minister re fishing and hunting licences 22.1(1) In this

section and

section 45(c.1), “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for the Fisheries (Alberta) Act and the Wildlife Act.

(2) If a debtor has defaulted in the payment of maintenance required under a maintenance order that is filed with the Director, the Director may, subject to the regulations, give notice to the Minister (

a) to refuse to issue a licence under the Fisheries (Alberta) Act that authorizes sportfishing, or

RSA 2000

Section 23

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 23 (

b) to refuse to issue a r ecreational licence under the Wildlife Act.

(3) Even though payments are in default under a maintenance order for which notice is given under subsection (2), if the debtor makes arrangements for making payments of maintenance that are satisfactory to the Director, the Director shall permit the Minister to issue the debtor a licence under the Fisheries (Alberta) Act that authorizes sportfishing, or a recreational licence under the Wildlife Act.

(4) The Director shall notify the Minister when the payments under a maintenance order with respect to which notice is given under subsection (2) are no longer in default.

(5) The Director shall notify the Minister when a maintenance order with respect to which a notice has been given to the Minister is withdrawn under this Act. 2004 c18 s14 Registration of orders 23(1) A maintenance order may be registered in any land titles office and the registration, so long as the order remains in force, (

a) binds all legal and equitable interests of the debtor in a ny land registered in the debtor’s name at the time of or after registration of the maintenance order, and (

b) operates on those interests in the same manner and with the same effect as registration of a charge by the debtor on the land of the debtor.

(2) The Registrar under the Land Titles Act shall discharge or register the postponement of a maintenance order registered under this

section only if the discharge or postponement is signed by the person entitled to the benefit of the maintenance order.

(3) Notwithstanding subsection (2) and the Land Titles Act, if, at the time of registration or subsequent to registration of the maintenance order, the Director notifies the Registrar under the Land Titles Act in the form prescribed by the Director that a maintenance order is filed with the Director, the Registrar shall discharge or register the postponement of the maintenance order registered under this

section only if the discharge or postponement is signed by the Director.

(4) The person against whose land a maintenance order is registered under subsection (1) may apply to the Court of King’s

RSA 2000

Section 24

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 24 Bench for an order directing the Registrar under the Land Titles Act to cancel the registration of the maintenance order.

(5) The Court of King’s Bench may make an order directing the Registrar under the Land Titles Act to cancel the registration under subsection (1) of a maintenance order against part or all of the estates and interests of the debtor under any terms and conditions the Court considers appropriate. RSA 2000 cM-1 s23;2018 c20 s11;AR 217/2022 Information to be provided when in default 24(1) If a debtor has defaulted in a payment required under a maintenance order that is filed with the Director, the Director may, by notice served on the debtor together with a statement of arrears in the form prescribed by the Director, require the debtor to do one or both of the following: (

a) file a statement of finances with the Director; (

b) appear before the Director t o be examined in relation to employment, income, assets and financial circumstances generally, and to produce any records, documents or objects respecting the debtor’s employment, income, assets and financial circumstances referred to in the notice.

(2) A statement of arrears prepared and served by the Director is presumed to be correct.

(3) The statement of finances required under subsection (1)(

a) shall be in the form prescribed by the Director and shall be filed by the debtor with the Director not more than 15 days after the debtor is served with a notice under subsection (1).

(4) The Director may extend the period within which the statement of finances is required to be filed by the debtor with the Director.

(5) If the debtor fails to appear before the Director as required under subsection (1)(b), the Director may apply ex parte to the Court of King’s Bench for an order compelling the debtor to appear before the Director.

(5.1) The Director may apply ex parte to the Court of King’s Bench for an order for alternative arrangements for the examination of a debtor in relation to the matters set out in subsection (1)(b), and the Court may make any order with respect to the examination of the debtor that it considers appropriate in the circumstances.

(6) If the debtor fails to comply with an order under subsection (5), the Director may apply ex parte to the Court of King’s Bench for a

RSA 2000

Section 25

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 25 warrant for the arrest of the debtor to have the debtor brought before the Court.

(7) If the debtor appears before the Director but refuses to answer any questions before the Director or to produce any records, documents or objects referred to in the notice under subsection (1), the Director may apply ex parte to the Court of King’s Bench for an order compelling the debtor to answer those questions or to produce those records, documents or objects.

(8) If the debtor fails to comply with an order under subsection (7), the Director may on notice to the debtor apply to the Court of King’s Bench for an order committing the debtor for contempt.

(9) The Director in the Director’s discretion may adjourn the financial examination of a debtor (

a) to allow the debtor more time to provide the information required by the Director under subsection (1), (

b) when in the opinion of the Director it is not practical or possible to complete the examination within the time stated in the notice, or (

c) when the debtor requests an alternative date or time for t he examination and in the Director’s opinion it would be reasonable in the circumstances to grant the request.

(10) If the Director directs or grants an adjournment under subsection (9), further service on the debtor under subsection (1) is not required.

(11) If in the opinion of the Director prompt personal service of a notice under this

section on a debtor is impractical for any reason, the Director may apply ex parte to the Court of King’s Bench for an order for substitutional service. RSA 2000 cM-1 s24;2004 c18 s15;2006 c6 s4;2018 c20 s11; AR 217/2022 Statement of finances required by Court 25(1) If a debtor defaults in a payment required under a maintenance order that is not filed with the Director, the creditor may file a statement of arrears in the form prescribed by the Director with the clerk of the Court of King’s Bench and by notice served on the debtor together with the statement of arrears require the debtor to file a statement of finances with the Court.

(2) The statement of finances required by subsection (1) shall be in the form prescribed by the Director and shall be filed by the debtor

RSA 2000

Section 25.1

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 26 with the Court of King’s Bench not more than 15 days after the debtor is served with a notice under subsection (1).

(3) The debtor shall serve the creditor with a copy of the statement of finances filed with the Court of King’s Bench.

(4) The Court of King’s Bench may extend the period within which the statement of finances is required to be filed by the debtor with the Court. RSA 2000 cM-1 s25;2018 c20 s11;AR 217/2022 Deterrent charges 25.1(1) If (

a) a debtor fails to pay maintenance under a maintenance orde r (

i) by the date required in the order, or (ii) in accordance with an arra ngement made between the debtor and the Director, (

b) a debtor fails to file a statement of finances with the Director pursuant to

section 24, or (

c) a debtor or another person on behalf of a debtor makes a payment to the Director in respect of maintenance or other amounts owing under this Act by cheque, pre-authorized withdrawal or money order and (

i) the cheque or withdrawal is dishonoured on the grounds that no funds or insufficient funds were available, or (ii) a stop payment order is placed on the cheque, withdrawal or money order, the Director may require the debtor to pay a charge in an amount set in the regulations.

(2) A charge payable under subsection (1) may be collected in the same manner as maintenance may be enforced under this Act.

(3) A debtor who is required to pay a charge under subsection (1) for failing to file a statement of finances with the Director may not be charged under

section 26 with an offence in respect of that contravention.

(4) If a creditor under a maintenance order filed with the Director receives a payment directly from the debtor and fails to report that payment to the Director in accordance with the regulations, the

RSA 2000

Section 25.3

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 27 Director may require the creditor to pay a charge in an amount set in the regulations.

(5) Notwithstanding

section 36(3), a charge payable under subsection (4) may be deducted from the amount of maintenance collected by the Director on behalf of the creditor. 2004 c18 s16 25.2 Repealed 2013 cS-19.3 s3. Updating contact information 25.3(1) A debtor shall, in the prescribed manner, immediately notify the Director of any change to the debtor’s (

a) residential address, telep hone number, e-mail address and other contact information required by the regulations, and (

b) employment, income and other financial information required by the regulations.

(2) A creditor shall, in the prescribed manner, immediately notify the Director of any change to the creditor’s residential address, telephone number, e-mail address and other contact information required by the regulations. 2010 c16 s3 Offence 26(1) A debtor who (

a) does not file a statement o f finances in accordance with this Act, or (

b) knowingly gives false information in a statement of financ es filed with the Director or the Court of King’s Bench is guilty of an offence and liable to a fine of not more than $2000 or to imprisonment for a term of not more than 3 months, or to both.

(2) A document that is signed by the Director or the Director’s delegate stating that a debtor has not filed a statement of finances in accordance with this Act is conclusive evidence of that fact. RSA 2000 cM-1 s26;2004 c18 s17;AR 217/2022 Summons 27(1) If a debtor defaults in the payment of maintenance under a maintenance order, the Director, in the case of a maintenance order filed with the Director, or the creditor may procure a summons to

RSA 2000

Section 28

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 28 attend at a default hearing from the clerk of the Court of King’s Bench.

(2) The summons shall require the debtor to appear at a default hearing before the Court of King’s Bench at a time and place set out in the summons (

a) to show the Court why the maintenance order should not be enforced, (

b) to be questioned on oath about the debtor’s finances, including (

i) the means or ability the debtor has of complying with the maintenance order, (ii) the disposal the debtor has made of any property since the date on which the proceedings were commenced in which the maintenance order was made, (iii) any and all debts that are owing to the debtor or by the debtor, and (iv) the debtor’s assets, income and financial obligations generally, a n d (

c) to show why the debtor sh ould not be committed to prison on the ground that the debtor has wilfully defaulted in the payment of maintenance under a maintenance order.

(3) The summons shall be served personally on the debtor unless the Court of King’s Bench directs otherwise. RSA 2000 cM-1 s27;2009 c53 s105;AR 217/2022 Default hearing 28(1) At a default hearing the Court shall inquire into (

a) the resources of the debtor, (

b) the debtor’s means and ability to comply with the maintenance order, (

c) the disposal the debtor has made of any property since the maintenance order was made, (

d) any and all debts that are owing to the debtor or by the debtor,

RSA 2000

Section 29

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 29 (

e) the circumstances under which the debtor defaulted in paying under the maintenance order, and (

f) any other matter the Court considers relevant, and for that purpose may question on oath the creditor and the debtor and any witness produced on behalf of either of them.

(2) At a default hearing, unless the contrary is shown, (

a) the debtor shall be presu med to have the ability to pay the arrears owing and to make subsequent payments under the maintenance order unless the maintenance order is an agreement or an application to vary the maintenance order has been commenced but not concluded, and (

b) a statement of arrears prepared and served by the Director is presumed to be correct. RSA 2000 cM-1 s28;2009 c53 s105 Warrant for arrest 29(1) If a debtor (

a) who has been served with a summons under

section 27, or (

b) who has been bound over to appear pursuant to subsection (2), does not appear at the time and place stated and no just excuse is offered for the debtor’s non-appearance, the Court of King’s Bench may issue a warrant for the arrest of the debtor to have the debtor brought before the Court.

(2) When a debtor is brought before the Court on a warrant under subsection (1) or

section 24(6), the Court may bind the debtor over to appear at a default hearing and (

a) require that a surety or sureties be procured or produced and join the recognizance, (

b) require that a sum of money be deposited with the Court sufficient to ensure the appearance of the debtor at the default hearing, or (

c) commit the debtor to jail until the default hearing. RSA 2000 cM-1 s29;2004 c18 s18;AR 217/2022 Court order 30(1) The Court of King’s Bench, unless it is satisfied that there are no arrears payable under the maintenance order, or that the

RSA 2000

Section 30

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 30 debtor is unable because of illness, unemployment or other valid reasons to pay the arrears or to make subsequent payments required under the maintenance order, may do one or more of the following: (

a) require the debtor to discharge the arrears payable by suc h periodic payments as the Court directs; (

b) require the debtor to discharge the arrears payable in ful l by a specified date; (

c) require the debtor to compl y with the maintenance order to the extent of the ability of the debtor to pay, but an order under this clause does not affect the accruing of arrears payable under the maintenance order; (

d) require the debtor to provide security in such form, including an assignment of debt or wages, as the Court directs for payments in arrears and subsequent payments; (

e) require the debtor to provide forthwith to the Court, the Director or a person specified in the order particulars of any change of address or employment as soon as it occurs; (

f) require the debtor to forthwith provide to the Director an y information concerning the debtor’s financial affairs; (

g) require the debtor to forthwith provide to the Director an y information with respect to property or funds that are legally owned or otherwise held by a corporation or another person and that (

i) the debtor, or another person on behalf of the debtor, is using or otherwise dealing with or is in a position to use or otherwise deal with in a manner that is or would be similar to that of a person who legally owns or otherwise holds the property or funds, or (ii) the debtor, or another person on behalf of the debtor, is in a position to compel or otherwise influence the corporation or other person (

A) to use or deal with as directed by the debtor, or other person on behalf of the debtor, or (

B) to permit the debtor, or other person on behalf of the debtor, to use or otherwise deal with in a manner that would be similar to that of a person who legally owns or otherwise holds the property or funds;

RSA 2000

Section 31

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 31 (

h) if the Court has reason to believe that, with respect to property or funds that are legally owned or otherwise held by a corporation or another person, the debtor or another person on behalf of the debtor is exercising or has exercised authority over that corporation or person within the meaning of

section 31(1), require the corporation or that other person to forthwith provide to the Director any information concerning that property or those funds and the relationship of the company or that other person with the debtor; (

i) imprison the debtor continuously or intermittently for not more than 90 days unless the arrears payable are sooner paid; (

j) imprison the debtor continuously or intermittently for not more than 90 days if the debtor defaults in any payment ordered under this subsection; (

k) appoint the Director or another person as a receiver of money owing or payable to, or to become owing or payable to, or earned or to be earned by the debtor to the extent of the default and, in addition, to the extent of any periodic payments payable or to become payable under the maintenance order or an order under this subsection.

(2) The Court of King’s Bench may vary an order made under subsection (1) if there is a material change in the circumstances of the debtor.

(3) An order for security under subsection (1)(

d) or a subsequent order of the Court may provide for the realization of the security by seizure, sale or other means, as the Court directs.

(4) Imprisonment of a debtor under subsection (1)(

i) or (

j) does not discharge arrears payable under the maintenance order.

(5) Proof of service on the debtor of the maintenance order is not necessary for the purpose of a default hearing.

(6) If a debtor defaults in payment under an order made under subsection (1), the default is deemed to be a default in payment under the maintenance order. RSA 2000 cM-1 s30;AR 217/2022 Other assets 31(1) In this

section and

section 30(1)(h), a reference to a debtor, or another person on behalf of a debtor, exercising authority over a corporation or other person is a reference to the situation whereby,

RSA 2000

Section 31

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 32 with respect to property or funds that are legally owned or otherwise held by that corporation or other person, (

a) the debtor, or another person on behalf of the debtor, is using or otherwise dealing with or is in a position to use or otherwise deal with that property or those funds in a manner that is or would be similar to that of a person who legally owns or otherwise holds the property or funds, or (

b) the debtor, or another person on behalf of the debtor, is in a position to compel or otherwise influence the corporation or other person (

i) to use or deal with that property or those funds as directed by the debtor, or another person on behalf of the debtor, or (ii) to permit the debtor, or another person on behalf of the debtor, to use or otherwise deal with that property or those funds in a manner that would be similar to that of a person who legally owns or otherwise holds the property or funds.

(2) If (

a) a debtor has defaulted in the payment of maintenance required under a maintenance order that is filed with the Director, and (

b) in the opinion of the Director, with respect to property o r funds that are legally owned or otherwise held by a corporation or other person, the debtor or another person on behalf of the debtor is exercising authority over the corporation or person, the Director may apply to the Court of King’s Bench for an order directing that the property is or the funds are attachable, subject to seizure and sale or subject to a support deduction notice, as the case may be, for the purposes of payment of the arrears of maintenance payable under the maintenance order.

(3) Repealed 2009 c53 s105.

(4) An application made under subsection (2) may be made ex parte (

a) if service of documents respecting the application cannot be carried out or is otherwise thwarted,

RSA 2000

Section 32

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 33 (

b) if the Director is of the opinion that, before the Court h as had an opportunity to hear the application, any property or funds in respect of which the application is being made may be dissipated or otherwise removed or dealt with to the prejudice of the creditor, or (

c) for any reason not referred to in clause (

a) or (

b) that the Court considers appropriate in the circumstances.

(5) If the Court grants an order pursuant to an application made ex parte, the Court shall include in the order a date for the purpose of conducting a hearing to review the matter in respect of which the order was granted.

(6) If on hearing an application the Court is satisfied that (

a) the debtor has defaulted in the payment of maintenance required under a maintenance order that is filed with the Director, and (

b) with respect to property or funds that are legally owned or otherwise held by a corporation or other person, the debtor, or another person on behalf of the debtor, is exercising or has exercised authority over the corporation or other person, the Court may make an order under subsection (7).

(7) If subsection (6) applies, the Court may by order do one or more of the following: (

a) for the purposes of payment of the arrears of maintenance payable under the maintenance order, direct that that property or those funds or any specific portion of that property or those funds is attached, is subject to seizure and sale or is subject to a support deduction notice, as the case may be; (

b) give any other directions that the Court considers appropriate in the circumstances; (

c) a w a r d c o s t s . RSA 2000 cM-1 s31;2004 c18 s19;2009 c53 s105;AR 217/2022 Stay of enforcement 32(1) If the Director has issued a support deduction notice or a creditor has obtained an order for payment under

section 19, the debtor may apply to the Court of King’s Bench for a stay of those proceedings, and a copy of the application must be served by the applicant on the Director and the creditor.

RSA 2000

Section 32

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 34

(2) A stay of enforcement may be granted under this

section with respect to the issuance of a support deduction notice only if the Court is satisfied that (

a) the debtor has made attempts to establish a payment arrangement with the Director and there was a valid reason why the debtor was unable to enter into an arrangement, and (

b) the debtor has a valid reason for not paying arrears or periodic maintenance payments during the period the stay of enforcement is in effect.

(3) Unless the Court provides otherwise, a stay of enforcement (

a) applies to the enforcement of arrears but does not apply t o the enforcement of periodic maintenance payments from the time the stay is entered with the Court, (

b) does not stay enforcement against lump sum or non-periodic amounts that are payable to the debtor, and (

c) terminates 9 months after it is entered with the Court.

(4) Notwithstanding subsection (1), a stay of enforcement does not stay or affect (

a) any enforcement proceedings respecting the payment of maintenance carried out in relation to a federal enactment, (

b) any registration or filing ma de by the Director under the Land Titles Act or in the Personal Property Registry, or (

c) any proceeding or actio n taken under

section 22.

(5) An order may not be granted by a court under any other enactment or otherwise that has the effect of staying a matter referred to in subsection (1) or suspending or staying any proceeding, matter or action referred to in subsection (4).

(6) If a stay of enforcement is granted under this section, the Court of King’s Bench may direct that any money or any portion of the money paid into the Court or to the Director in respect of the proceedings that were stayed and that is still in the possession of or under the control of the Court or the Director, as the case may be, be paid to the debtor. RSA 2000 cM-1 s32;2004 c18 s20;2009 c53 s105;2010 c16 s3; AR 217/2022

RSA 2000

Section 33

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 35 Appeal 33 Notwithstanding

section 12 of the Court of King’s Bench Act, an appeal lies to a judge of the Court of King’s Bench by way of a new trial from an order of an applications judge made under

section 30. RSA 2000 cM-1 s33;AR 137/2022;AR 217/2022 Restraining order 34 The Court of King’s Bench may make an order restraining the disposition or wasting of assets that may hinder or defeat the enforcement of a maintenance order. RSA 2000 cM-1 s34;AR 217/2022 Arrest of absconding debtor 35(1) If the Director or a creditor believes on reasonable and probable grounds that a debtor who (

a) has defaulted in the payments required under a maintenance order, or (

b) is in breach of an order made under

section 30, is about to leave Alberta in order to evade or hinder the enforcement against the debtor of a maintenance order, the Court of King’s Bench may issue a warrant for the arrest of the debtor to have the debtor brought before any judge of the Court.

(2) When a debtor is brought before a judge on a warrant, the judge may order the release of the debtor and may require the debtor to provide security in a form satisfactory to the judge for any arrears payable and subsequent payments under the maintenance order or the order made under

section 30. RSA 2000 cM-1 s35;AR 217/2022 Application of payments 36(1) Notwithstanding the provisions of the maintenance order, if a maintenance order is filed with the Director, the debtor under the maintenance order shall make to the Director all payments required to be made to the creditor.

(2) Money paid to the Director under this Act shall be credited in the following order: (

a) to the current payment or payments under a maintenance order; (

b) to any arrears outstanding under a maintenance order; (

c) to any fees or charge s payable to the Director;

RSA 2000

Section 37

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 36 (

d) repealed 2006 c6 s5; (

e) to any interest owed to t he creditor under a maintenance order.

(2.1) Notwithstanding subsection (2), if there is not sufficient money to fully credit both the outstanding arrears under subsection (2)(

b) and the fees and charges payable to the Director under subsection (2)(c), any money remaining after crediting the current payment or payments shall be apportioned as follows: (a) 90% of the remaining money shall be credited to any arrear s outstanding; (b) 10% of the remaining money shall be credited to any fees o r charges payable to the Director.

(3) The Director shall pay to the creditor under the maintenance order all money received by the Director in respect of the maintenance order.

(4) If 2 or more maintenance orders in respect of the same debtor are filed with the Director, the Director may prorate any money received in respect of any one of the maintenance orders among all the creditors under the maintenance orders. (5) Subsections (3) and (4) do not apply to (

a) assessed costs and disburse ments received by the Director in respect of the enforcement of a maintenance order, (a.1) fees and charges owed by the creditor to the Director, w here the Director has collected the full amount of ongoing maintenance due to the creditor for that month, (a.2) fees and charges owed by the debtor to the Director that are collected and applied in the priority set out in subsection (2) or (2.1), or (

b) money received under a main tenance order in respect of a creditor under the order who has received assistance as defined in

Part 5 of the Income and Employment Supports Act. RSA 2000 cM-1 s36;2003 cI-0.5 s57;2004 c18 s21; 2006 c6 s5;2009 c53 s105 Capacity of minor 37 A minor may file a maintenance order with the Director or commence, conduct and defend a proceeding and initiate and complete steps for the enforcement of a maintenance order,

RSA 2000

Section 38

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 37 notwithstanding that the minor does not have a litigation representative. RSA 2000 cM-1 s37;2011 c14 s18 Limitation 38 On and after July 1, 1994 a person may enforce the payment by a debtor of the arrears of maintenance payable under a maintenance order that accrue or have accrued on or after July 1, 1984 but not arrears accrued before July 1, 1984, and the right to bring an action is not limited by the Limitations Act. 1985 cM-0.5 s31;1994 c21 ss6,9;1999 c32 s11 Variation 39(1) If an application is made to a court to vary a maintenance order, the clerk of the court shall notify the Director of the application.

(2) The clerk of a court that varies a maintenance order shall file with the Director the order of the court varying the maintenance order. 1985 cM-0.5 s32 Employers 40(1) No employer shall dismiss, suspend, lay off, penalize, discipline or discriminate against an employee if the reason for doing so is in any way related to the service of a garnishee summons, a notice of continuing attachment, a support deduction notice or an order for payment under

section 19 on the employer.

(2) On the application of an employee who alleges that the employee is the subject of a contravention of subsection (1), the Court of King’s Bench may, if it finds the allegation to be true, make any order in favour of the employee that it considers just, including an order for reinstatement and an award of damages.

(3) If an application is made under subsection (2), an employer who dismisses, suspends, lays off, penalizes, disciplines or discriminates against an employee in respect of whom a garnishee summons, a notice of continuing attachment, a support deduction notice or an order for payment under

section 19 is served on the employer while the garnishee summons, notice of continuing attachment, support deduction notice or order for payment is in effect or within 6 months after it has ceased to have effect shall be required to show cause for the action against the employee and, if the employer does not show cause, the action is deemed to have been in contravention of subsection (1).

(4) Notwithstanding and in addition to an order made under subsection (2), a person who contravenes subsection (1) is guilty of

RSA 2000

Section 42

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 38 an offence and subject to a fine of not more than $5000 and in default of payment to imprisonment for a term of not more than 6 months. RSA 2000 cM-1 s40;2004 c18 s22;AR 217/2022 41 Repealed 2002 cA-4.5 s53. Provision unenforceable 42 A provision in an agreement or maintenance order by which a creditor agrees to, or that requires a creditor to (

a) withdraw a maintenance ord er that is filed with the Director under this Act, or (

b) file with the Court of King’ s Bench or the Director a notice stating that the creditor does not wish to have a maintenance order enforced by the Director is not enforceable. RSA 2000 cM-1 s42;AR 217/2022 Costs of enforcement 43(1) The Director may, subject to the regulations, require a debtor who is in default under a maintenance order to pay to the Director an amount specified by the Director to defray the costs incurred by the Director in the enforcement of the maintenance order.

(2) Any amount that a debtor is required to pay to the Director under subsection (1) may be collected in the same manner as maintenance may be enforced under this Act. RSA 2000 cM-1 s43;2004 c18 s23 Substitutional service 44 If a court makes an order under which a document may be substitutionally served on a debtor or creditor by service on the Director, the Director may, subject to the regulations, serve the document on the party in any manner that the Director considers appropriate in the circumstances. RSA 2000 cM-1 s44;2004 c18 s24 Fees not payable by Director 44.1 No fees or charges of any kind are payable by the Director (

a) for access or transfer to t he Director of any information or record that is necessary for the purposes of administering this Act, or

RSA 2000

Section 45

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 39 (

b) for or in connection with a nything that a person is required to do under this Act. 2004 c18 s25 Regulations 45 The Lieutenant Governor in Council may make regulations (

a) respecting the filing and refiling of maintenance orders w ith the Director; (

b) respecting support deduction notices; (b.1) specifying a business, corporation, association or organization as a business organization for the purpose of

section 13(1)(a); (b.2) repealed 2013 cS-19.3 s3; (b.3) respecting the manner in which notification of any chang e in information of a debtor or creditor referred to in

section 25.3 is to be made; (b.4) respecting other contact information and other financial information for the purpose of

section 25.3; (

c) respecting the notification of the Registrar by the Director under

section 22; (c.1) respecting the notification of the Minister by the Direc tor under

section 22.1; (

d) governing how the Director carries out the Director’s powers and duties under sections 22 and 22.1; (

e) respecting forms and procedures to be used in proceedings under this Act; (

f) respecting applications under

section 17(4); (

g) respecting the informati on that may be released by the Director concerning a debtor’s credit rating; (g.1) respecting agreements, t he filing of agreements and the varying of agreements referred to in

section 10.1; (

h) repealed 2004 c18 s26; (

i) respecting the provision of information under

section 15; (

j) respecting the costs of enforcement under

section 43;

RSA 2000

Section 45

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 40 (

k) respecting the service of documents by the Director under

section 44; (

l) respecting the charging of debtors in default amounts for the purpose of defraying the costs of enforcement of maintenance orders; (

m) respecting the filing of and dealing with orders and documents originating from another jurisdiction; (

n) respecting the charging of fees for services provided by t he Director; (

o) respecting records to be kept by the Director; (

p) respecting service of documents under this Act or the regulations; (

q) defining funds for the purposes of

section 12; (

r) for the purposes of

section 12(3), (

i) describing information about an individual; (ii) respecting the holding of funds by the Crown in right of Alberta and any Provincial agencies, statutory agents and other entities designated in the regulations; (iii) designating Provincial ag encies, statutory agents and other entities; (

s) prescribing or otherwise describing services for the purpo ses of

section 13(1)(b); (

t) respecting support dedu ction notices in respect of a retirement savings vehicle under

section 17.1; (

u) respecting charges payable under

section 25.1; (

v) respecting, for the purpose of

section 25.1(4), the manner in which a creditor must report to the Director a payment received directly from the debtor; (

w) prescribing any matter referred to in this Act as prescrib ed; (

x) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act. RSA 2000 cM-1 s45;RSA 2000 c17(Supp) s3; 2004 c18 s26;2010 c16 s3;2013 cS-19.3 s3

RSA 2000

Section 47

Chapter M-1 MAINTENANCE ENFORCEMENT ACT 41 Consequential Amendments and Coming into Force 46 Repealed 2003 cF-4.5 s119. 47 The Income Support Recovery Act is amended (

a) in

section 27(2) by striking out “sections 30 to 39 of the Domestic Relations Act apply” and substituting “section 30 of the Domestic Relations Act applies”. (

b) repealed 2002 cI-3.5 s49. RSA 2000 cM-1 s47;2002 cI-3.5 s49 48 Repealed 2002 cI-3.5 s49. 49 The Social Development Act is amended in

section 15 by striking out “section 27 of the Domestic Relations Act” and substituting “section 21 of the Maintenance Enforcement Act”. 1985 cM-0.5 s42 Coming into force 50 Sections 46 to 49 come into force on Proclamation.

Printed on Recycled Paper *9780779843244*

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cM-1
Type	statute
Volume / chapter	M01
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	bbf2c7b0bc84163b6f1ea2527a4f51b275e64486

Source file is stored in the law ingest library (pdf).