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Bill 5, An Act to Amend the Maintenance Orders Enforcement Act

Government Bill

16th Assembly, 2nd Session

Introduced on Feb. 18, 2008

Events

Timeline of key legislative events

  • First Reading
    Completed Feb. 18, 2008 (Debate | Vote)
  • Second Reading
    Completed Feb. 19, 2008 (Debate | Vote)
  • Third Reading
    Completed June 19, 2008 (Debate | Vote)
  • Commissioner's Assent
    Completed June 19, 2008 (Debate)
  • Status

    Bill Text



    Related Votes

    June 19, 2008 Passed Mahsi, Mr. Speaker. I move, seconded by the honourable Member for Range Lake, that Bill 5, An Act to Amend the Maintenance Orders Enforcement Act, be read for the third time.
    Feb. 19, 2008 Passed Mahsi, Mr. Speaker. I move, seconded by the Hon. Member from Yellowknife South, that Bill 5, An Act to Amend the Maintenance Orders Enforcement Act, be read for a second time. Mr. Speaker, this bill amends the Maintenance Orders Enforcement Act to provide additional enforcement measures that may be taken by a Maintenance Enforcement Administrator for the purpose of enforcing a maintenance order so that it is filed with the Maintenance Enforcement Office. The new enforcement measures: 1) expand the types of information that the administrator may, for the purposes of enforcing a maintenance order, require a person or body to disclose regarding a debtor; 2) allow the administrator to advertise for information regarding the whereabouts, assets, employment and financial circumstances of a debtor whose arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations; 3) allow the administrator to direct a credit reporting agency to include information about a debtor in its reports to third parties, if the debtor’s arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations; 4) allow the administrator to disclose to government departments and public agencies any information about a debtor that could be disclosed to a credit reporting agency; 5) allow the administrator to require a financial statement from a debtor who is in arrears; 6) allow the administrator to request that a debtor who is in arrears attend a payment conference to arrange payment of the arrears; 7) provide for garnishment of money in bank accounts of a debtor; 8) provide for attachment of deferred profit sharing plans, registered retirement income funds, and registered retirement savings plans of a debtor; 9) provide that a maintenance order may be registered in the Land Titles Registry against the real property of a debtor, and that the registered interest may be enforced by sale of the real property in the same manner as in the case of a mortgage; 10) empower the administrator to direct the Registrar of Motor Vehicles to suspend or impose conditions on the driver’s licence of a debtor, or to refuse to issue a driver’s licence to a debtor, if the debtor’s arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations; 11) provide that a corporation in respect of which a debtor is the sole shareholder or director and holds the sole beneficial interest, is jointly and severally liable for arrears of the debtor that exceed $500 at any time after a notice to that effect is served on the corporation by the administrator; 12) allow the administrator to apply to the court for an order for joint and several liability of a corporation that is under the control of a debtor, or under the control of a debtor and one or more others who are in a non-arm’s-length relationship with a debtor, if the arrears of that debtor exceed $500 at any time after a notice to that effect is served on the corporation by the administrator. 13) allow a court to order an individual is jointly and severally liable for maintenance payments and any arrears, to the extent of the value of any assets or benefit that a debtor has conferred on the individual for the purpose of evading an obligation to pay maintenance, if the individual knew or ought to have known the purpose; 14) allow a court to set aside a gift or transfer of assets made with an intention to evade an obligation to pay maintenance by a debtor to a recipient in a non-arm’s-length relationship with the debtor. The administrator is allowed to withdraw a maintenance order from the enforcement program if the order is for the maintenance of a child whom the administrator considers is no longer living with or dependent on the creditor. A creditor may also apply to the administrator to have a maintenance order withdrawn. The bill replaces the fixed minimum exemption for wages by providing that 50 per cent of wages after deductions, or an amount prescribed in the regulations, whichever is greater, is exempt from attachment. The bill authorizes regulations to be made respecting: 1) the contents of financial statements; 2) the service of documents and giving of notices; 3) the charging and collection of interest on arrears of maintenance, and prescribing the rate at which the interest accrues; 4) costs recoverable by the administrator under notice of attachment or a garnishee summons; 5) fees recoverable by the administrator in respect of dishonoured cheques. The bill creates offences and sets out penalties for contravening or failing to comply with certain provisions, and it includes consequential amendments to the Motor Vehicles Act. Mahsi, Mr. Speaker.
    Feb. 18, 2008 Passed Mr. Speaker, I move, seconded by the Hon. Member from Thebacha, that Bill 5, An Act to Amend the Maintenance Orders Enforcement Act, be read for the first time.

    Discussion & Mentions

    Assent to Bills
    Assent to Bills

    June 18th, 2008


    See context

    Tony Whitford Commissioner Of The Northwest Territories

    Now, as Commissioner of the Northwest Territories, I am pleased to assent to the following bills:

    • Bill 4, Miscellaneous Statutes Amendment Act, 2008

    • Bill 5, An Act to Amend the Maintenance Orders Enforcement Act

    • Bill 6, An Act to Amend the Residential Tenancies Act

    • Bill 7, Securities Act

    • Bill 9, Supplementary Appropriation Act, No. 4, 2007–2008

    • Bill 11, An Act to Amend the Legislative Assembly and Executive Council Act

    • Bill 12, An Act to Amend the Human Rights Act

    • Bill 18, Supplementary Appropriation Act, No. 1, 2008–2009

    As we adjourn from this House, I wish you all safe travels home and a busy and productive summer as you continue to work for the people of your constituencies and for all the people of the Northwest Territories.

    I also wish you a happy Aboriginal Day the day after tomorrow, and I hope you will participate in some of the many activities your communities will be sponsoring. I look forward to seeing you all in October.

    Thank you, mahsi cho, quyanainni, and merci beaucoup.

    Applause.

    Jackson Lafferty

    Jackson Lafferty Minister of Justice

    Mahsi, Mr. Speaker. I move, seconded by the honourable Member for Range Lake, that Bill 5, An Act to Amend the Maintenance Orders Enforcement Act, be read for the third time.

    Jackson Lafferty

    Jackson Lafferty Monfwi

    Mahsi, Mr. Speaker.

    I move, seconded by the Hon. Member from Yellowknife South, that Bill 5, An Act to Amend the Maintenance Orders Enforcement Act, be read for a second time.

    Mr. Speaker, this bill amends the Maintenance Orders Enforcement Act to provide additional enforcement measures that may be taken by a Maintenance Enforcement Administrator for the purpose of enforcing a maintenance order so that it is filed with the Maintenance Enforcement Office.

    The new enforcement measures:

    1) expand the types of information that the

    administrator may, for the purposes of enforcing a maintenance order, require a person or body to disclose regarding a debtor;

    2) allow the administrator to advertise for

    information regarding the whereabouts, assets, employment and financial circumstances of a debtor whose arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations;

    3) allow the administrator to direct a credit

    reporting agency to include information about a debtor in its reports to third parties, if the debtor’s arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations;

    4) allow the administrator to disclose to

    government departments and public agencies any information about a debtor that could be disclosed to a credit reporting agency;

    5) allow the administrator to require a financial

    statement from a debtor who is in arrears;

    6) allow the administrator to request that a debtor

    who is in arrears attend a payment conference to arrange payment of the arrears;

    7) provide for garnishment of money in bank

    accounts of a debtor;

    8) provide for attachment of deferred profit

    sharing plans, registered retirement income funds, and registered retirement savings plans of a debtor;

    9) provide that a maintenance order may be

    registered in the Land Titles Registry against the real property of a debtor, and that the registered interest may be enforced by sale of the real property in the same manner as in the case of a mortgage;

    10) empower the administrator to direct the

    Registrar of Motor Vehicles to suspend or impose conditions on the driver’s licence of a debtor, or to refuse to issue a driver’s licence to a debtor, if the debtor’s arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations;

    11) provide that a corporation in respect of which a

    debtor is the sole shareholder or director and holds the sole beneficial interest, is jointly and severally liable for arrears of the debtor that exceed $500 at any time after a notice to that effect is served on the corporation by the administrator;

    12) allow the administrator to apply to the court for

    an order for joint and several liability of a corporation that is under the control of a debtor, or under the control of a debtor and one or more others who are in a non-arm’s-length relationship with a debtor, if the arrears of that debtor exceed $500 at any time after a notice to that effect is served on the corporation by the administrator.

    13) allow a court to order an individual is jointly and

    severally liable for maintenance payments and any arrears, to the extent of the value of any assets or benefit that a debtor has conferred on the individual for the purpose of evading an obligation to pay maintenance, if the individual knew or ought to have known the purpose;

    14) allow a court to set aside a gift or transfer of

    assets made with an intention to evade an obligation to pay maintenance by a debtor to a recipient in a non-arm’s-length relationship with the debtor.

    The administrator is allowed to withdraw a maintenance order from the enforcement program if the order is for the maintenance of a child whom the administrator considers is no longer living with or dependent on the creditor. A creditor may also apply to the administrator to have a maintenance order withdrawn.

    The bill replaces the fixed minimum exemption for wages by providing that 50 per cent of wages after deductions, or an amount prescribed in the regulations, whichever is greater, is exempt from attachment.

    The bill authorizes regulations to be made respecting:

    1) the contents of financial statements;

    2) the service of documents and giving of notices;

    3) the charging and collection of interest on

    arrears of maintenance, and prescribing the rate at which the interest accrues;

    4) costs recoverable by the administrator under

    notice of attachment or a garnishee summons;

    5) fees recoverable by the administrator in

    respect of dishonoured cheques.

    The bill creates offences and sets out penalties for contravening or failing to comply with certain provisions, and it includes consequential amendments to the Motor Vehicles Act. Mahsi, Mr. Speaker.

    Jackson Lafferty

    Jackson Lafferty Monfwi

    Mr. Speaker, I move, seconded by the Hon. Member from Thebacha, that Bill 5, An Act to Amend the Maintenance Orders Enforcement Act, be read for the first time.