BILL NO. 44

(fa) "persistent arrears" means arrears resulting from the payor's failure to make, in full, all payments required under a maintenance order for the number of times prescribed by the regulations or in the total accumulated amount prescribed by the regulations;

(3) Notwithstanding subsection (1), during the time the Director is enforcing part or all of a maintenance order, a recipient may, with the Director's consent, take additional enforcement measures for the same provisions of the maintenance order being enforced by the Director.

(3) Subject to subsection 31(1A), an investigator has the authority to obtain, on behalf of the Director, and in accordance with the direction of the Director, all information necessary for the enforcement of a maintenance order.

(4) The authority of an investigator pursuant to subsection (3) includes the conduct of video surveillance.

(3) During the time a maintenance order is filed with the Director, the Director may request any financial information with respect to the parties to the order from the prothonotary or officer of the court.

(4) Upon receiving a request pursuant to subsection (3), the prothonotary or officer of the court shall provide the requested financial information.

(2) Notwithstanding any approved arrangement made pursuant to subsection (1) or revised arrangement negotiated pursuant to subsection (3), the Director may, at any time, take any action that the Director is authorized to take to enforce the maintenance order that is the subject of the approved or revised arrangement.

(4A) Where funds remain after the payment of money pursuant to subsection (4), the Director may pay from those funds the costs and fees of the Director and in the event funds remain after such payment, the balance then remaining may be paid to the payor by the Director.

(4B) Where a payor is in persistent arrears and funds remain after the payment of money pursuant to subsection (4), the Director may set aside and hold a portion or all of the remaining funds to pay future maintenance obligations arising from the maintenance order.

(4C) Upon the satisfaction of all future obligations arising from the maintenance order referred to in subsection (4B) and, where the Director continues to hold funds, the Director may pay from those funds the costs and fees of the Director and the balance then remaining, if any, may be paid to the payor by the Director.

(3) The Director may include in the amount required to be deducted and paid to the Director pursuant to subsection (1)

(a) any amount in arrears under a maintenance order;

(b) where the payor is in persistent arrears, any amount for the payor's future maintenance obligations; and

(c) any costs and any fees of the Director prescribed pursuant to this Act.

(1A) Where a garnishment or a document of similar effect is served pursuant to subsection (1), the document is enforceable in the same manner as a garnishment issued pursuant to Section 19.

(1) The Director may seize money in a deposit account of a payor to

(a) enforce an obligation to pay money under a maintenance order including arrears; and

(b) where the payor is in persistent arrears, pay the payor's future maintenance obligations.

(4) The Director may issue an order for the seizure and sale of real or personal property of the payor to

(a) enforce an obligation to pay money under a maintenance order including arrears; and

(b) where the payor is in persistent arrears, pay the payor's future maintenance obligations.

(2A) For the purpose of this Section, where the Director files a lien with respect to a maintenance order and the order is subsequently varied, the Director may file the variation order in the same manner as the maintenance order, whereupon the lien becomes a lien in respect of the maintenance order as varied without any effect on the priority of the lien.

30 (1) Where a payor is in arrears under a maintenance order being enforced by the Director, the Director may request the Registrar of Motor Vehicles to

(a) suspend or revoke the payor's driver's licence, owner's permit, registration of a vehicle or permit or right to operate a motor vehicle or any other licence issued to the payor;

(b) suspend or revoke the payor's privilege of obtaining a driver's licence;

(c) refuse to issue or renew a payor's driver's licence or owner's permit;

(d) refuse to transfer or register the payor's vehicle; and

(e) refuse to issue a document or provide any other service to the payor pursuant to the Motor Vehicle Act.

(2) Before making a request pursuant to clause 30(1)(a), the Director shall send a notice to the payor by mail informing the payor that, if payor does not, within the time prescribed by the regulations, make an arrangement satisfactory to the Director for complying with the maintenance order, the Director may request the Registrar of Motor Vehicles suspend or revoke the payor's driver's licence, owner's permit, registration of a vehicle or permit or right to operate a motor vehicle and any other licence issued to the payor.

(3) Upon receiving a request from the Director pursuant to clause 30(1)(a), (b), (c) or (d), the Registrar of Motor Vehicles shall, as the case may be,

(a) suspend or revoke the payor's driver's licence, owner's permit, registration of a vehicle or permit or right to operate a motor vehicle or any other licence issued to the payor;

(b) suspend or revoke the payor's privilege of obtaining a driver's licence;

(c) refuse to issue or renew a payor's driver's licence or owner's permit; or

(d) refuse to transfer or register the payor's vehicle,

and the suspension, revocation or refusal remains in place until the Director advises the Registrar that the arrears have been paid or the payor has made an arrangement satisfactory to the Director for complying with the maintenance order, at which time the Registrar shall rescind the suspension, revocation or refusal.

(4) Where a payor fails to comply with any term of an arrangement made with the Director and referred to in subsections (2) and (3), the Director may make a new request pursuant to subsection (1).

(5) The Registrar may grant the Director's request made pursuant to clause 30(1)(e).

(6) Where the Registrar grants the requested refusal referred to in subsection (5), the Registrar's refusal continues until the Director advises the Registrar that the arrears have been paid or the payor has made an arrangement satisfactory to the Director for complying with the maintenance order, at which time the Registrar shall rescind the refusal.

(7) For the purpose of subsections (3) and (6), the Director shall advise the Registrar immediately when the arrears have been paid or the payor has made a satisfactory arrangement with the Director.

31 (1) For the purpose of enforcing a maintenance order or of obtaining information for a person performing a similar function in another jurisdiction, the Director may order a person, including the payor, a recipient, a corporation or a public body (including Her Majesty and a law enforcement agency), to provide any information, including personal information, that, in the opinion of the Director, may assist in the enforcement of the maintenance order or obtaining of information and that is within the knowledge of, or shown on a record in the possession or control of, the person, including

(a) the payor's or the payor's spouse's

(i) wages, salary or other remuneration,

(ii) sources of income,

(iii) assets and liabilities,

(iv) financial status,

(v) income tax returns,

(vi) location, address and place of employment,

(vii) location, address and place of residence,

(viii) social insurance number,

(ix) date of birth,

(x) photograph,

(xi) name including any alias spelling of it, and

(xii) different name including any alias spelling of it;

(b) any change in the payor's or the payor's spouse's circumstances that may affect the amount of maintenance paid under the order; and

(c) the payor's mother's maiden name.

(1A) An investigator may request any information referenced in subsection (1) but does not have the authority to order the production of the information.

(d) for the purpose of an audit of the Maintenance Enforcement Program;

(e) for the purpose of assessing a liability claim or potential claim against Her Majesty in right of the Province or the Maintenance Enforcement Program;

(f) for research purposes including statistical research projects;

(g) if the Director believes the information is required for the protection of a person's health or safety;

(h) on request, to a court, a prothonotary or an officer of the court, if relevant to a proceeding before the court or the Supreme Court of Nova Scotia;

(i) on request, to a recalculation clerk appointed pursuant to Section 6 of the Administrative Recalculation of Child Maintenance Regulations, for the purpose of an administrative recalculation;

(j) on request, to a designated authority as defined in the Interjurisdictional Support Orders Act, for a purpose relating to that Act;

(k) on request, to a department or office established pursuant to the Public Service Act, if the information is required to carry out the mandate of the department or office;

(l) where authorized by the recipient, to a third party, if the information would otherwise be released by the Director to the recipient;

(m) where authorized by the payor, to a third party, if the information would otherwise be released by the Director to the payor;

(n) to inform a recipient that a payor is in receipt of income assistance benefits or other income that is excluded from garnishment;

(o) to the Ombudsman upon the Ombudsman's request; or

(p) if otherwise prescribed by the regulations.

(1A) Any person who obtains information pursuant to subsection (1) must comply with the conditions established by the Director regarding the disclosure of the information.

(1B) The conditions referred to in subsection (1) may include, without limiting the generality of the foregoing,

(a) the implementation of security measures to prevent unauthorized disclosure of the information; and

(b) the use and destruction of the information.

(2) Where a payor received a notice to appear and failed to appear before the Director to be examined pursuant to clause 34(1)(b), the Director may take one or more of the actions referred to in subsection (1).

42A (1) Where the Director sends a document by mail to a payor or to a recipient or where the Director is required to

(a) give notice, by ordinary mail, pursuant to Section 14;

(b) send a copy of a garnishment, by ordinary mail, pursuant to subsection 19(5);

(c) give notice, by mail, pursuant to subsection 30(2); or

(d) send a copy of a maintenance order, by regular mail, pursuant to Section 55,

the Director shall mail the document to the payor or recipient at the most recent address in the Director's records, and the document is deemed to have been received ten days after the date of mailing.

(2) The Director may make use of electronic transmission, including facsimile or electronic mail, to send the document referred to in subsection (1) to the payor or recipient at the most recent electronic contact address in the Director's records, and the document is deemed to have been received ten days after the electronic transmission was completed.

(3) Deemed receipt of a document within ten days of mailing or ten days after the completion of the electronic transmission referenced in subsections (1) and (2) does not apply to

(a) the receipt of the Director's written request that the payor file a statement of financial information pursuant to clause 34(1)(a);

(b) the receipt of the Director's notice that the payor appear for examination pursuant to clause 34(1)(b);

(c) the service of a notice pursuant to Section 27B; and

(d) the service of a notice of a court application under this Act.

44A (1) Where the Director is unable to locate the person entitled to the money received by the Director, the Director shall hold the money for the benefit of that person and shall maintain a record of the money.

(2) The Director shall make all reasonable efforts to locate the person entitled to the money during the time the money is held pursuant to subsection (1).

(3) Where the Director is unable to locate the person entitled to the money held by the Director for the benefit of that person for a period of two years after receiving the money, the Director shall pay the money to the Minister of Finance and the money may be used for the purposes of the Province, except that the Minister shall account for the money.

(4) A person claiming entitlement to any money held by the Minister of Finance under this Act may make an application to the Supreme Court of Nova Scotia or a judge thereof requiring payment of money by the Minister of Finance.

(5) The Director shall provide and the person making an application pursuant to subsection (4) shall file an affidavit in support of the application confirming the payment made by the Director to the Minister of Finance and any payments made from the fund by the Director.

(6) The application referred to in subsection (4) must be made

(a) within ten years after the money was paid to the Minister of Finance by the Director; or

(b) where the person claiming entitlement to the money is under the age of nineteen years or of unsound mind or out of Province, within ten years after the person becomes of full age or of sound mind or returns to the Province, and in any event within forty years after the money was paid to the Minister of Finance by the Director.

278A Upon receipt of a request from the Director of Maintenance Enforcement pursuant to subsection 30(1) of the Maintenance Enforcement Act,

(a) the Registrar shall suspend or revoke a payor's driver's licence, owner's permit, registration of a vehicle or permit, any other licence issued to the payor, the privilege of obtaining a driver's licence or the right to operate a motor vehicle;

(b) the Registrar shall refuse to issue or renew a payor's licence or owner's permit, to transfer or register a payor's vehicle; and

(c) the Registrar may refuse to issue a document or provide any other service to the payor, pursuant to this Act.