A-2.02 - Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants

À jour au 1^er avril 2014

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chapter A-2.02

Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants

CHAPTER I ESTABLISHMENT AND PURPOSE OF SERVICE

1. A child support recalculation service, to be known as the “Service administratif de rajustement des pensions alimentaires pour enfants” or “SARPA”, is established within the Commission des services juridiques, itself established under the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

SARPA is mandated to recalculate child support to the extent provided by this Act.

2012, c. 20, s. 1.

CHAPTER II APPLICATION FOR RECALCULATION

2. An application for recalculation may, in the cases described in a government regulation, be made to SARPA by one or both of the child’s parents. The regulation also determines the application procedure and the information and documents needed for the recalculation that must be provided in support of the application.

The application may be withdrawn, in accordance with the procedure determined by government regulation, on the request of the parents or on the request of the parent who submitted it, so long as SARPA has not recalculated the child support.

2012, c. 20, s. 2.

3. SARPA must diligently examine all applications.

2012, c. 20, s. 3.

4. If an application for recalculation is made by only one parent, SARPA may, as part of its examination, require the other parent to provide the information and documents needed for the recalculation that are determined by government regulation.

If the context so requires, SARPA notifies its request for information or documents to the parent by any means that provides proof of sending. The notification may be made by regular mail; in that case, the date of sending is the date on which the request is mailed.

2012, c. 20, s. 4.

5. If the parent fails to provide, within 30 days of the date of sending of the request referred to in the second paragraph of section 4, the information or documents that would allow SARPA to determine the parent’s annual income, SARPA again notifies its request to the parent by registered or certified mail or by any other means that provides proof of the date of receipt of the request. If SARPA has such proof and the parent does not provide the information or documents within 10 days of the date of receipt of the request, the parent’s annual income is determined, for the purposes of this Act, in accordance with the rules prescribed by government regulation.

If SARPA’s request is notified, as provided for in the Code of Civil Procedure (chapter C-25), by a bailiff who served it by leaving a copy intended for the parent on the premises, the parent is deemed to have received the request on the date indicated on the bailiff’s certificate of service.

2012, c. 20, s. 5.

6. SARPA ceases to examine an application for recalculation if it is notified of a judicial demand between the parties that could have an impact on the child support that is the subject of the application. It does not resume its examination unless it is notified of a discontinuance of the judicial demand within one year following the date on which it was notified of the demand.

Likewise, SARPA ceases to examine an application for recalculation if the parent who made the application or, where both parents made the application, one of them informs SARPA that he or she has entered into family mediation that could have an impact on the child support that is the subject of the application. It does not resume its examination unless one of the parents so requests within three months following the date on which it was informed of the mediation.

2012, c. 20, s. 6.

7. The parents must promptly inform SARPA of any change in their situation or that of their child that could have an impact on the child support recalculation.

2012, c. 20, s. 7.

8. SARPA may, without the parent’s consent, verify with the persons, departments and organizations determined by government regulation the accuracy of the information or documents that parent provided for the purposes of child support recalculation.

2012, c. 20, s. 8.

9. SARPA cannot recalculate child support if, after having examined the information and documents provided, it finds that the recalculation applied for requires a judicial assessment, unless there is an agreement between the parents in the cases and in accordance with the terms determined by government regulation.

If it cannot recalculate child support, SARPA notifies the parent who applied for the recalculation, or both parents where the application was submitted by the two of them. Where the application for recalculation was submitted by only one of the parents, SARPA also sends a copy of the notice to the other parent if it previously notified a request for information or documents to that parent under section 4.

Upon being notified that SARPA cannot recalculate the child support, the parent who applied for the recalculation or, where the application was submitted by both parents, one of them may apply in writing for a re-examination of the application. The application is re-examined by the chair of the Commission des services juridiques or by the person appointed by the chair for that purpose.

2012, c. 20, s. 9.

CHAPTER III RECALCULATION

10. SARPA recalculates child support in accordance with the rules for the determination of child support prescribed under the Code of Civil Procedure (chapter C-25) and in accordance with the terms prescribed by government regulation.

The child support is recalculated as of the date of the application for recalculation, taking into account the changes in the income of either parent that was used to determine the support being recalculated. However, if the income increased before the date of the application, SARPA recalculates the child support as of a date not earlier than one year prior to the date of the application; regardless of the number of increases, the child support is recalculated for each period in which the income increased, only taking into account the increase relating to that period.

2012, c. 20, s. 10.

11. SARPA notifies the parents in writing of the child support recalculation and sends a copy to the office of the court in the district where the last support order concerning the child was made.

The form of the recalculation notice and the documents that must be attached are prescribed by government regulation.

2012, c. 20, s. 11.

12. So long as the recalculation has not come into effect, SARPA may, on its own initiative or upon request, correct the recalculation notice if it contains a clerical error or calculation error.

In such a case, SARPA sends a corrected recalculation notice to the parents and to the office of the court in the district where the last support order concerning the child was made.

2012, c. 20, s. 12.

13. Before the recalculation takes effect, the recalculation notice can constitute a circumstance that warrants the review of the last support order concerning a child.

2012, c. 20, s. 13.

14. The child support recalculation takes effect upon expiry of a 30-day period following the date of the recalculation notice or, if a corrected recalculation notice was issued and has an impact on the child support, upon expiry of a 30-day period following the date of the corrected notice. The recalculated child support is payable as of the effective date of the recalculation and is deemed, for all purposes, to be the amount determined in the last child support order.

However, if, before the expiry of the periods referred to in the first paragraph, SARPA is notified of a judicial demand between the parties that could have an impact on the child support that is the subject of the recalculation notice, the recalculation will not take effect as provided in that paragraph unless SARPA is notified of a discontinuance of the demand.

2012, c. 20, s. 14.

15. As soon as the recalculation takes effect, SARPA sends a copy of the recalculation notice to the Minister of Revenue.

If one or both of the child’s parents are recipients under a last resort program established under the Individual and Family Assistance Act (chapter A-13.1.1) or received benefits under such a program during a period covered by the recalculation, SARPA also sends a copy of the recalculation notice to the minister responsible for the administration of that program.

2012, c. 20, s. 15.

CHAPTER IV ELIGIBLE EXPENSES, EXEMPTIONS AND REIMBURSEMENTS

16. Any parent who makes an application for recalculation of child support must pay the fees set by regulation, in the proportion and according to the terms prescribed.

However, any parent who is financially eligible for legal aid under section 4.1 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) is exempted from the payment of those fees, subject to section 17. In addition, any parent who is financially eligible for contributory legal aid under section 4.2 of that Act is only required to pay fees up to the amount of the contribution that would otherwise be payable by the parent under that Act.

The Government may by regulation determine other cases in which a parent may be dispensed from the payment of those fees.

2012, c. 20, s. 16.

17. To be exempted from the payment of fees, a parent must obtain a certificate of financial eligibility issued by a regional legal aid centre or by the director of a designated legal aid centre. The certificate is issued in accordance with Divisions VI and VI.2 of Chapter II of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), with the necessary modifications.

2012, c. 20, s. 17.

18. If a parent is exempted from the payment of fees, the fees payable may be recovered under sections 73.1 to 73.6 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), with the necessary modifications.

2012, c. 20, s. 18.

19. The Government may by regulation determine the cases in which and the extent to which the Commission des services juridiques may reimburse a fee paid by a parent.

2012, c. 20, s. 19.

CHAPTER V ADMINISTRATION AND MANAGEMENT

20. In the administration and management of SARPA, the Commission des services juridiques ensures that SARPA exercises its responsibilities in cooperation, if applicable, with the regional legal aid centres referred to in section 1 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

2012, c. 20, s. 20.

21. The members of the personnel of SARPA and the employees of a regional legal aid centre performing SARPA-related duties may not be prosecuted by reason of acts performed in good faith in the performance of their duties.

2012, c. 20, s. 21.

22. The Commission des services juridiques may, for the purposes of this Act, provide information concerning a parent to the other parent without the former’s consent if child support could be recalculated on the basis of that information.

2012, c. 20, s. 22.

23. Upon request, the Commission des services juridiques must provide to the Minister any statistics, reports or other information which do not allow a person to be identified that the Minister requires regarding SARPA.

2012, c. 20, s. 23.

CHAPTER VI PENAL PROVISIONS

24. Any person who, under this Act or the regulations,

(1)  makes a declaration that he or she knows or should have known is false or misleading, or

(2)  sends a document that he or she knows or should have known contains false or misleading information,

is guilty of an offence and liable to a fine of not less than $500 and not more than $5,000.

2012, c. 20, s. 24.

25. Any person who, by an act or an omission, helps or, by encouragement, advice, consent, authorization or command, induces another person to commit an offence under this Act is guilty of an offence and liable to the same fine as that prescribed in section 24.

2012, c. 20, s. 25.

26. In the case of a subsequent offence, the minimum and maximum fines prescribed by this Act are doubled.

2012, c. 20, s. 26.

CHAPTER VII MISCELLANEOUS PROVISIONS

27. The Minister of Justice is responsible for the administration of this Act.

2012, c. 20, s. 27.

28. The Minister may, in accordance with the applicable legislative provisions, enter into an agreement with a government other than the Gouvernement du Québec, a department of such a government, an international organization, or a body of such a government or organization with a view to facilitating the recalculation of child support.

2012, c. 20, s. 28.

CHAPTER VIII AMENDING PROVISIONS

ACT RESPECTING LEGAL AID AND THE PROVISION OF CERTAIN OTHER LEGAL SERVICES

29. (Amendment integrated into c. A-14, s. 3.1).

2012, c. 20, s. 29.

30. (Amendment integrated into c. A-14, s. 3.2).

2012, c. 20, s. 30.

31. (Amendment integrated into c. A-14, s. 4).

2012, c. 20, s. 31.

32. (Amendment integrated into c. A-14, s. 4.7).

2012, c. 20, s. 32.

33. (Amendment integrated into c. A-14, s. 4.11.1).

2012, c. 20, s. 33.

34. (Amendment integrated into c. A-14, s. 5).

2012, c. 20, s. 34.

35. (Amendment integrated into c. A-14, s. 5.1).

2012, c. 20, s. 35.

36. (Amendment integrated into c. A-14, s. 22).

2012, c. 20, s. 36.

37. (Amendment integrated into c. A-14, s. 32.1).

2012, c. 20, s. 37.

38. (Amendment integrated into c. A-14, s. 62).

2012, c. 20, s. 38.

39. (Amendment integrated into c. A-14, s. 64).

2012, c. 20, s. 39.

40. (Amendment integrated into c. A-14, s. 66).

2012, c. 20, s. 40.

41. (Amendment integrated into c. A-14, s. 80).

2012, c. 20, s. 41.

CIVIL CODE OF QUÉBEC

42. (Amendment integrated into the Civil Code, a. 594).

2012, c. 20, s. 42.

43. (Amendment integrated into the Civil Code, a. 595).

2012, c. 20, s. 43.

44. (Amendment integrated into the Civil Code, a. 596.1).

2012, c. 20, s. 44.

INDIVIDUAL AND FAMILY ASSISTANCE ACT

45. (Amendment integrated into c. A-13.1.1, s. 93).

2012, c. 20, s. 45.

CODE OF CIVIL PROCEDURE

46. (Amendment integrated into c. C-25, a. 331.9).

2012, c. 20, s. 46.

47. (Amendment integrated into c. C-25, a. 814.3).

2012, c. 20, s. 47.

48. (Amendment integrated into c. C-25, a. 814.6).

2012, c. 20, s. 48.

49. (Amendment integrated into c. C-25, a. 814.13).

2012, c. 20, s. 49.

50. (Amendment integrated into c. C-25, a. 825.13).

2012, c. 20, s. 50.

ACT RESPECTING THE MINISTÈRE DE LA JUSTICE

51. (Amendment integrated into c. M-19, s. 32.0.3).

2012, c. 20, s. 51.

ACT TO FACILITATE THE PAYMENT OF SUPPORT

52. (Amendment integrated into c. P-2.2, s. 34).

2012, c. 20, s. 52.

PUBLIC PROTECTOR ACT

53. (Amendment integrated into c. P-32, s. 15).

2012, c. 20, s. 53.

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

54. The child support determination forms produced by the parties in a proceeding that ended before 1 December 2012 are kept in the court records in accordance with article 331.9 of the Code of Civil Procedure (chapter C-25) as it read before being amended by section 46 of chapter 20 of the statutes of 2012.

2012, c. 20, s. 54.

55. Despite the fourth paragraph of section 80, the first regulation made after 18 September 2013 under subparagraphs e and n of the first paragraph of section 80 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) must be made by the Government.

2012, c. 20, s. 55.

56. This Act may be cited as the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants.

2012, c. 20, s. 56.

Chapter 20 of the statutes of 2012 was assented to on 15 June 2012 under the following title: “An Act to promote access to justice in family matters”.

57. (Omitted).

2012, c. 20, s. 57.