Bill 40 2001

An Act to amend the
Family Responsibility and
Support Arrears Enforcement Act, 1996

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsections 16 (6) and (7) of the Family Responsibility and Support Arrears Enforcement Act, 1996 are repealed and the following substituted:

Filing after withdrawal

(6) A support order or support deduction order that has been withdrawn under subsection (1) or that has been deemed to have been withdrawn under subsection 7 (3) may be filed in the office of the Director at any time by a written notice signed by either the payor or the recipient.

Effect

(7) Filing under subsection (6) has the same effect for all purposes, including the purposes of subsection 6 (2), as filing under sections 12 to 15.

Application

(7.1) Subsection (7) applies whether the order was filed under subsection (6) before or after the day the Family Responsibility and Support Arrears Enforcement Amendment Act, 2001 comes into force.

Support and support deduction orders, filing together after withdrawal

(7.2) A support order cannot be filed under subsection (6) unless the related support deduction order, if any, is also filed and a support deduction order cannot be filed under subsection (6) unless the related support order is also filed.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Family Responsibility and Support Arrears Enforcement Amendment Act, 2001.

EXPLANATORY NOTE

The Bill amends the Family Responsibility and Support Arrears Enforcement Act, 1996 to provide that when a support order or support deduction order that has been withdrawn or deemed to have been withdrawn from the Director's office is filed there again, the effect is the same for all purposes (including the enforcement of arrears incurred before filing) as when an order is filed for the first time.