Family Orders and Agreements Enforcement Assistance Act

Marginal note:Application

• 67 (1) If a debtor is in persistent arrears, a provincial enforcement service may apply to the Minister requesting that the following actions be taken:

  • (a) that no new schedule licences be issued to the debtor;

  • (b) that all schedule licences held by the debtor be suspended; and

  • (c) that schedule licences held by the debtor not be renewed.

• Marginal note:Contents of application

  (2) An application must be in the form approved by the Minister and must contain the prescribed information.

• Marginal note:Statement

  (3) An application must contain a statement by an officer of the provincial enforcement service confirming the following:

  • (a) that the provincial enforcement service is satisfied that the debtor is in persistent arrears;

  • (b) that the provincial enforcement service has made reasonable attempts to enforce the support order before making the licence denial application; and

  • (c) that the provincial enforcement service has sent a notice to the debtor, at the debtor’s last known address,

    • (i) stating that the provincial enforcement service has reasonable grounds to believe that the debtor is in persistent arrears,

    • (ii) stating that the provincial enforcement service intends to make a licence denial application in relation to the debtor,

    • (iii) informing the debtor of the consequences to the debtor of a licence denial application, and

    • (iv) advising the debtor that a licence denial application will not be made if the debtor enters into a payment plan that is acceptable to the provincial enforcement service or satisfies the provincial enforcement service that the debtor is unable to pay the amount in arrears and that the making of the application is not reasonable in the circumstances.

• Marginal note:Time for making application

  (4) An application may be made only after thirty days have expired after the notice referred to in subsection (3) was received by the debtor.

• Marginal note:Deemed receipt

  (5) A notice referred to in subsection (3) is deemed to have been received by a debtor ten days after it is sent to the debtor.