P-2.2, r. 1 - Regulation respecting the collection of support

Updated to 1 April 2016

This document has official status.

chapter P-2.2, r. 1

Regulation respecting the collection of support

Act to facilitate the payment of support

(chapter P-2.2, s. 71).

The fees prescribed in the Regulation have been indexed as of 1 April 2016 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 12 March 2016, page 271. (s. 4)

DIVISION I DEDUCTIONS AT SOURCE

1. For the purposes of section 11 of the Act to facilitate the payment of support (chapter P-2.2), a deduction at source may also be made from

(1)  employment insurance benefits or benefits from a supplementary unemployment benefit plan;

(2)  disability benefits paid under a health or accident insurance contract;

(3)  benefits paid under a private pension plan;

(4)  amounts paid under a profit-sharing plan;

(5)  retirement allowances and severance pay; and

(6)  payments of an annuity constituted by contract, judgment or will, including an annuity issued by an insurer.

O.C. 1531-95, s. 1; O.C. 779-99, s. 1.

DIVISION II SECURITY

2. The security required under subparagraph 2 of the first paragraph of section 3 or the second paragraph of section 26 of the Act shall be furnished in the form of

(1)  a sum of money;

(2)  a security contract issued by a financial institution having its head office or a place of business in Québec;

(3)  a certificate of deposit with a financial institution having its head office or a place of business in Québec; or

(4)  a bond, note or other similar obligation issued or guaranteed by the State, by another government in Canada or by a legal person established in the public interest;

(5)  a written undertaking given by a financial institution having its head office or a place of business in Québec to pay such security to the Minister upon request; or

(6)  a written undertaking given by an advocate or a notary who irrevocably holds the security in trust to pay such security to the Minister upon request.

O.C. 1531-95, s. 2; O.C. 779-99, s. 2.

3. The security referred to in paragraphs 3 and 4 of section 2 shall be free of any encumbrance or charge in respect of a third party and shall be redeemable at all times.

O.C. 1531-95, s. 3.

DIVISION III FEES

4. The fees exigible under section 35 of the Act are

(1)  $103, where an amount whose payment is requested in a demand for payment under the first paragraph of section 46 of the Act has not been paid within the period prescribed in that section;

(2)  $133, where a notice of execution is issued for the first time following a demand for payment; and

(3)  $35, where a bill of exchange remitted to the Minister is subsequently refused for insufficient funds by the financial institution upon which it is drawn.

O.C. 1531-95, s. 4; I.N. 2016-01-01 (NCCP).

5. The fees prescribed in paragraph 1 and 2 of section 4 shall be indexed on 1 April of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the period ending on 31 December of the preceding year, as determined by Statistics Canada under the Statistics Act (R.S.C. 1985, c. S-19).

The fees indexed in the prescribed manner shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

The fees thus indexed shall have effect from 1 April.

The Minister shall inform the public of the results of the annual indexation by a notice published in the Gazette officielle du Québec or by such other means as he may consider appropriate.

O.C. 1531-95, s. 5.

DIVISION IV ADVANCES BY THE MINISTER

6. The Minister shall pay sums to stand in lieu of support payments under the second paragraph of section 36 of the Act, except where

(1)  the debtor of support cannot be found or has no income;

(2)  a demand for payment is transmitted to the debtor under the first paragraph of section 46 of the Act by reason of his failure to pay support;

(3)  the Minister pays the support pursuant to section 37 of the Act;

(4)  the creditor of support is not domiciled in Québec;

(5)  the creditor is a debtor to the Minister under the Act; or

(6)  the Minister of Employment assistance and Social Solidarity is subrogated to the rights of the creditor under section 92 of the Individual and Family Assistance Act (chapter A-13.1.1).

O.C. 1531-95, s. 6; O.C. 779-99, s. 3.

6.1. The maximum amount of the advance paid to the creditor of support pursuant to the second paragraph of section 36 of the Act may not exceed $1,500.

O.C. 38-98; O.C. 779-99, s. 4.

DIVISION V INFORMATION

7. For the purposes of subparagraph 2 of the first paragraph of section 5 of the Act, the information that must be transmitted to the Minister is

(1)  the file number at the office of Superior Court where the judgment awarding support was rendered;

(2)  the name at birth of the creditor of support, the name at birth of the debtor of support and the name by which the creditor or the debtor is known if it is not the same;

(3)  the creditor’s date of birth, social insurance number, sex and language of communication;

(4)  the creditor’s residential address, his postal address if it is not the same, and the telephone numbers at which he may be reached at his residence and, where applicable, at work;

(5)  the creditor’s file number at the Ministère de l’Emploi et de la Solidarité sociale, if he receives income security benefits under the Individual and Family Assistance Act (chapter A-13.1.1);

(6)  in respect of the debtor, if that information is known to the creditor, the information required in subparagraphs 3 to 5, the name at birth of the debtor’s mother, and his sources of income and the amount of each such source of income; and

(7)  the date of the failure to pay and the amount of arrears.

The creditor of support shall make an affidavit in respect of the information required in the first paragraph.

O.C. 1531-95, s. 7; S.Q. 1997, c. 63, s. 138; S.Q. 1998, c. 36, s. 206; O.C. 779-99, s. 5; I.N. 2016-01-01 (NCCP).

8. For the purposes of subparagraph 3 of the first paragraph of section 5 of the Act, the information that must be transmitted to the Minister is

(1)  the information prescribed in subparagraphs 1 to 5 of the first paragraph of section 7;

(2)  the debtor’s date of birth, social insurance number, sex, the name at birth of his mother and his language of communication;

(3)  the debtor’s residential address, his postal address if it is not the same, and the telephone numbers at which he may be reached at his residence and, where applicable, at work; and

(4)  the debtor’s sources of income and the amount of each such source of income.

The creditor and the debtor of support shall make an affidavit in respect of the information required in the first paragraph.

O.C. 1531-95, s. 8; I.N. 2016-01-01 (NCCP).

9. For the purposes of subparagraph 4 of the first paragraph of section 6 of the Act, the information that must be transmitted to the Minister is,

(1)  in respect of the judgment,

(a)  the file number at the office of the Superior Court;

(b)  the date of the judgment;

(c)  where the judgment revises a prior judgment, an indication of that fact and the date of that prior judgment and its file number at the office of the Superior Court;

(d)  where the judgment awards the debtor an exemption under section 3 of the Act, an indication of the obligation to establish a trust or to furnish security; and

(e)  where the judgment provides for a suspension of the execution of the maintenance order, the dates on which that suspension begins and ends;

(2)  in respect of the support payments,

(a)  the date on which payment of support ends, if there is such a date;

(b)  the frequency of the payments established under the judgment; and

(c)  any information in the judgment pertaining to the indexing of the support payments;

(3)  in respect of arrears, the absence or the presence in the judgment of an interest rate and, in the latter case, the interest rate so determined;

(4)  if such is the case, an indication that the judgment contains special conditions pertaining to, in particular,

(a)  payment of support;

(b)  calculation of interest; and

(c)  calculation and payment of arrears; and

(5)  if such is the case, an indication that the judgment is subject to the terms and conditions of the Act respecting reciprocal enforcement of maintenance orders (chapter E-19).

O.C. 1531-95, s. 9.

10. For the purposes of subparagraph 1 of the first paragraph of section 99 of the Act, the information and the documents that must be supplied to the clerk of the court are

(1)  those prescribed in the first paragraph of section 7;

(2)  the due date and the amount of the support mentioned in the judgment whose execution is applied for;

(3)  the indexation mentioned in the judgment, if any; and

(4)  a copy of the judgment.

The creditor of support shall make an affidavit in respect of the information required in the first paragraph.

O.C. 1531-95, s. 10; I.N. 2016-01-01 (NCCP).

11. For the purposes of subparagraph 2 of the first paragraph of section 99 of the Act, the information and the documents that must be supplied to the clerk of the court are

(1)  those prescribed in the first paragraph of section 8;

(2)  the due date and the amount of the support mentioned in the judgment whose execution is applied for;

(3)  the indexation mentioned in the judgment, if any; and

(4)  a copy of the judgment.

The creditor and the debtor of support shall make an affidavit in respect of the information required in the first paragraph.

O.C. 1531-95, s. 11; O.C. 1637-95; I.N. 2016-01-01 (NCCP).

12. (Omitted).

O.C. 1531-95, s. 12; O.C. 1637-95.

REFERENCES

O.C. 1531-95, 1995 G.O. 2, 3333

O.C. 1637-95, 1995 G.O. 2, 3599

O.C. 38-98, 1998 G.O. 2, 498

O.C. 779-99, 1999 G.O. 2, 1701