Amendments to Maintenance Enforcement Act Introduced
The provincial government has introduced amendments to the Maintenance Enforcement Act aimed at improving client service and stepping up enforcement powers.
The proposed amendments follow an extensive review of the Maintenance Enforcement Program conducted earlier this year. They address areas that the study earmarked for improvement, and clarify the existing legislation where necessary. The program has operated since 1996.
"When you begin running a program, staff identify areas that can be improved or changed to make things run more efficiently," said Justice Minister Jim Smith. "These changes are designed to help us do that, and to continue to put children first in this province."
The amendments will allow the program director to access locked-in pension or RRSP funds as a last resort. The payer must be three months in arrears and will be given up to 60 days' notice of the proposed action. There can be no current contributions being made to the funds, either by the individual or the employer. This action is important when an individual has moved to another jurisdiction with no reciprocal agreement, or has divested themselves of all visible assets.
The proposed amendments also allow for the sharing of information in certain circumstances. For example, the director may provide information to a Consumer Reporting Agency should an individual be in arrears of a maintenance order, including the amount of the order, frequency of payment and amount owing. This may encourage payment on the part of the payer should a loan application be refused based on the information provided to the credit agency.
Proposed changes also allow the director to accept a maintenance rights agreement from the Department of Community Services. This is designed to increase efficiency in the payment system for those receiving social assistance.
Other proposed changes streamline paperwork required for the program and provide a standard indemnity clause for staff working within the program.
<b>Text of Maintenance Enforcement Act (amended) (Bill No. 62)</b>