Vol. 141, No. 44 — November 3, 2007

Regulations Amending the Family Support Orders and Agreements Garnishment Regulations

Statutory authority

Family Orders and Agreements Enforcement Assistance Act

Sponsoring department

Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

The enforcement of family support obligations is primarily a provincial and territorial responsibility. However, the federal government provides assistance and support to provinces and territories in their enforcement activities. In addition to their own legislation, the provinces and territories have access to two federal laws, one of those being the Family Orders and Agreements Enforcement Assistance Act (FOAEAA). This federal legislation was established to assist the provinces and territories in their enforcement efforts by providing tools such as garnishment of designated federal moneys that would otherwise go to individuals who are in default of their family support obligations.

This proposed amendment would amend the Family Support Orders and Agreements Garnishment Regulations (the Regulations) by adding a new source fund, the Apprenticeship Incentive Grant (AIG).

Description

As part of the government-wide commitment to family support enforcement, the inclusion of particular federal source funds for garnishment under the Regulations has been the subject of ongoing review since their introduction in 1988. Following consultations, the Department of Justice is proposing to add a new fund to the existing list of "garnishable moneys" designated in section 3 of the Regulations. With the addition of this new source fund, the Regulations would allow the garnishment of moneys payable under the AIG to individuals in default of family support payments determined by court orders. The AIG is a taxable cash grant of $1,000 per year for registered apprentices who have successfully completed the first or second year or level in a Red Seal trade program, on or after January 1, 2007. A lifetime amount of $2,000 can be received under this program.

Federal support enforcement policy permits the garnishment of funds that are income-related and non-subsistence type moneys. The source fund under the AIG program is analogous to funds, such as Employment Insurance benefits, that are already garnisheed by the Regulations. This source fund is characterized as being income-related and non-subsistence type moneys. The proposed addition of this source fund to the current list of garnishable moneys will contribute to improving the economic well-being of families and, in particular, children.

Alternatives

The source fund proposed to be added to section 3 is analogous to funds, such as Employment Insurance benefits, that are already garnisheed by the current Regulations. Regulation in this case is necessary to ensure consistency in the federal support enforcement policy.

Consultation

Consultations were held with officials responsible for the administration of the source funds at the Department of Human Resources and Social Development (HRSD). Further consultations were held with provincial and territorial Maintenance Enforcement Program (MEP) directors. The consultations resulted in a consensus to proceed with this proposed amendment to ensure consistency with the federal support enforcement policy.

Contact

Michelle Smith
Legal Counsel
Support Enforcement Policy and Implementation Unit
Family, Children and Youth Section
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-957-0048
Fax: 613-952-9600

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 61 (see footnote a) of the Family Orders and Agreements Enforcement Assistance Act (see footnote b), proposes to make the annexed Regulations Amending the Family Support Orders and Agreements Garnishment Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Michelle Smith, Legal Counsel, Support Enforcement Policy and Implementation Unit, Family, Children and Youth Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8.

Ottawa, October 25, 2007

MARY PICHETTE
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FAMILY SUPPORT ORDERS AND AGREEMENTS GARNISHMENT REGULATIONS

AMENDMENT

1. Paragraph 3(g) of the Family Support Orders and Agreements Garnishment Regulations (see footnote 1) is replaced by the following:

(g) section 7 of the Department of Human Resources and Skills Development Act as it relates to grants and contributions payable under the Skills Link program or the Apprenticeship Incentive Grant program.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[44-1-o]

Footnote a

S.C. 1993, c. 8, s. 18

Footnote b

R.S., c. 4 (2nd Supp.)

Footnote 1

SOR/88-181

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

	Top of page
Maintained by the Canada Gazette Directorate	Important notices