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Volume 52, No. 4

B.C. Reg. 19/2009

The British Columbia Gazette,

Part II

February 24, 2009

B.C. Reg. 19/2009 , deposited February 12, 2009, pursuant to the ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007 [Section 228] and FAMILY MAINTENANCE ENFORCEMENT ACT [Sections 15, 25.1, 29.1, 29.2 and 51]. Order in Council 59/2009, approved and ordered February 11, 2009.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective March 2, 2009,

1 sections 17, 18, 20, 22, 23 and 28 (

b) of the Attorney General Statutes Amendment Act, 2007, S.B.C. 2007 c. 14, are brought into force, and

2 the Family Maintenance Enforcement Act Regulation, B. C. Reg. 346/88, is amended as set out in the attached Schedule.

— W. OPPAL, Attorney General and Minister Responsible for Multiculturalism ; S. BOND, Presiding Member of the Executive Council .

Schedule

1 The Family Maintenance Enforcement Act Regulation, B.C. Reg. 346/88, is amended by adding the following section:

Notice by financial institutions to deposit account holders

9.1

(1) The following information must be included in the notice required, under

section 15 (3.2) of the Act, to be sent by an attachee to the director and the joint, or joint and several, account holders of a deposit account in respect of the deposit account:

(

a) the name of the debtor;

(

b) the name of the creditor;

(

c) the name of any joint, or joint and several, account holders of the deposit account;

(

d) the name of the person who May be contacted on behalf of the director by the joint, or joint and several, account holders of the deposit account regarding the notice of attachment;

(

e) the number of the deposit account;

(

f) the balance in the deposit account at the time the notice was served on the attachee;

(

g) the amount in the deposit account that has been attached and paid to the director;

(

h) the right of the joint, or joint and several, account holders to apply to the court for an order that all or part of the money paid to the director by the attachee be returned to the joint, or joint and several, account holders.

(2) The attachee must send the notice required under

section 15 (3.2) of the Act to

(

a) the joint, or joint and several, account holders, by ordinary mail to the most recent address recorded in the records of the attachee for that account holder, within 2 days of service of a notice of attachment, and

(

b) the director, by ordinary mail or by transmitting the information required under subsection (1) to the director on a secure website operated and maintained by or on behalf of the director or by other similar secure means of electronic transmission provided by the director.

Section 13 (1) is amended

(

a) by adding the following definition:

"federal salary" has the same meaning as "salary" in the Garnishment, Attachment and Pension Diversion Act (Canada); ,

(

b) in the definition of " federal benefits " by repealing paragraph (

a) and in paragraph (

b) by striking out " Unemployment Insurance Act " and substituting " Employment Insurance Act ", and

(

c) in the definition of "remuneration" by striking out " federal benefits. " and substituting " federal benefits or federal salary. "

Section 13 (2) is amended

(

a) by striking out " debtor's remuneration " and substituting " debtor's remuneration or federal salary ",

(

b) in paragraph (

a) by striking out " and " at the end,

(

c) by adding the following paragraph:

(a.1) in the case of regularly scheduled payment of federal salary, in accordance with either subsection (6.1) or (6.3), ,

(

d) in paragraph (

b) by striking out " (3) (a) " and substituting " (3) (a), and ", and

(

e) by adding the following paragraph:

(

c) in the case of payment of federal salary that is additional to and separate from the debtor's regularly scheduled payment of federal salary, by applying subsection (6.1) (a).

Section 13 (2.1) is amended

(

a) by striking out " debtor's remuneration " and substituting " debtor's remuneration or federal salary ",

(

b) in paragraph (

a) by striking out " and " at the end,

(

c) by adding the following paragraph:

(a.1) in the case of regularly scheduled payment of federal salary, in accordance with either subsection (6.2) or (6.4), ,

(

d) in paragraph (

b) by striking out " (3.1) (a) " and substituting " (3.1) (a), and ", and

(

e) by adding the following paragraph:

(

c) in the case of payment of federal salary that is additional to and separate from the debtor's regularly scheduled payment of federal salary, by applying subsection (6.2) (a).

Section 13 is amended by adding the following subsections:

(6.1) The amount of a debtor's federal salary exempt under subsection (2) (a.1) from attachment May be determined as follows:

(

a) if federal salary is paid once a week, by adding the following:

(i) $125;

(ii) 55% of any federal salary above $125 and not above $425;

(iii) 20% of any federal salary above $425 and not above $925;

(iv) 0% of any federal salary above $925;

(

b) if federal salary is paid once every 2 weeks, by adding the following:

(i) $250;

(ii) 55% of any federal salary above $250 and not above $850;

(iii) 20% of any federal salary above $850 and not above $1 845;

(iv) 0% of any federal salary above $1 845;

(

c) if federal salary is paid twice a month, by adding the following:

(i) $275;

(ii) 55% of any federal salary above $275 and not above $925;

(iii) 20% of any federal salary above $925 and not above $2 000;

(iv) 0% of any federal salary above $2 000;

(

d) if federal salary is paid monthly, by adding the following:

(i) $550;

(ii) 55% of any federal salary above $550 and not above $1 850;

(iii) 20% of any federal salary above $1 850 and not above $4 000;

(iv) 0% of any federal salary above $4 000;

(

e) if federal salary is paid otherwise than as set out in paragraphs (

a) to (d), by calculating the annual federal salary based on the federal salary for the actual pay period, dividing the annual federal salary by 12 and applying paragraph (d).

(6.2) The amount of a debtor's federal salary exempt under subsection (2.1) (a.1) from attachment May be determined as follows:

(

a) if federal salary is paid once a week, by adding the following:

(i) $125;

(ii) 65% of any federal salary above $125 and not above $425;

(iii) 40% of any federal salary above $425 and not above $925;

(iv) 0% of any federal salary above $925;

(

b) if federal salary is paid once every 2 weeks, by adding the following:

(i) $250;

(ii) 65% of any federal salary above $250 and not above $850;

(iii) 40% of any federal salary above $850 and not above $1 845;

(iv) 0% of any federal salary above $1 845;

(

c) if federal salary is paid twice a month, by adding the following:

(i) $275;

(ii) 65% of any federal salary above $275 and not above $925;

(iii) 40% of any federal salary above $925 and not above $2 000;

(iv) 0% of any federal salary above $2 000;

(

d) if federal salary is paid monthly, by adding the following:

(i) $ 550;

(ii) 65% of any federal salary above $550 and not above $1 850;

(iii) 40% of any federal salary above $1 850 and not above $4 000;

(iv) 0% of any federal salary above $4 000;

(

e) if federal salary is paid otherwise than as set out in paragraphs (

a) to (d), by calculating the annual federal salary based on the federal salary for the actual pay period, dividing the annual federal salary by 12 and applying paragraph (d).

(6.3) If a debtor's federal salary is payable with the frequency and is within a range set out in column A of Table 3, the amount exempt under subsection (2) (a.1) from attachment May be determined by deducting from the federal salary the amount set out opposite that range in column C.

(6.4) If federal salary of a debtor is attached under a notice of attachment referred to in subsection (2.1) and the debtor's federal salary is payable with the frequency and is within a range set out in any column A of Table 4, the amount exempt under subsection (2.1) (a.1) from attachment May be determined by deducting from the federal salary the amount set out opposite that range in column C.

Section 13 is amended

(

a) in subsection (5.1) by adding " or federal salary " after " remuneration ",

(

b) in subsection (7) by striking out " (2) to (5) " and substituting " (2) to (5) and (6.1) to (6.4) ",

(

c) in subsection (8) by striking out " (5) and (7) " and substituting " (5), (6.1), (6.3) and (7) ", and

(

d) in subsection (8.1) by striking out " and (5.1) " and substituting " , (5.1), (6.2) and (6.4) ".

7 The following

section is added:

Notice – pending suspension of motor vehicle licence

20.1

(1) The notices required under

section 29.1 (2.1) of the Act must be given to the debtor in the manner set out in subsection (2) or (3), as applicable.

(2) The notice required to be given at least 60 days before forwarding a notice to the Insurance Corporation of British Columbia under

section 29.1 (1) (

b) of the Act May be given by

(

a) delivering a copy to the debtor,

(

b) mailing a copy by ordinary mail to the most recent address shown for the debtor in the records of the director, or

(

c) posting a private, secure notice to the debtor on the website operated and maintained by or on behalf of the director.

(3) The notice required to be given at least 30 days before forwarding a notice to the Insurance Corporation of British Columbia under

section 29.1 (1) (

b) of the Act May be given by

(

a) delivering a copy to the debtor, or

(

b) mailing a copy by registered mail to the most recent address shown for the debtor in the records of the director.

(4) A notice given under subsection (2) (

b) or (

c) or (3) (

b) is deemed to be received by the debtor 14 days after the date the notice is mailed, transmitted or posted, as the case May be.

8 The following

section is added:

Disclosure of information by British Columbia Lottery Corporation

22 For the purposes of

section 25.1 (3) of the Act, the prescribed information is

(

a) information sufficient to confirm the identity of the debtor, including the following:

(

i) name;

(ii) date of birth;

(iii) driver's licence number, if the debtor has a driver's licence,

(

b) the total amount of the prize to which the debtor is entitled, and

(

c) the amount that the corporation is paying to the director.

9 The

Schedule is amended

(

a) by repealing the Notice of Attachment and substituting the forms in the attached Appendix 1, and

(

b) by repealing the Response by Attachee and substituting the form in the attached Appendix 2.

10 The Tables are amended

(

a) in the heading of Table 1 by striking out " Attachment of Income " and substituting " Attachment of Gross Income ",

(

b) in the heading of Table 2 by striking out " Attachment of Income " and substituting " Attachment of Gross Income ",

(

c) by adding as Table 3 the table in the attached Appendix 3, and

(

d) by adding as Table 4 the table in the attached Appendix 4.

Appendix 1

Appendix 2

Appendix 3

Appendix 4

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