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Income and Employment Supports Act

Published Date: January 01, 2004
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Part 5 Child and Adult Support Services (Sections 28-33)

Section 29 Director’s right to apply for and enforce support

  1. Where a person has a right to apply for or receive support under an Act, order or agreement for that person or that person’s dependent child, and

    1. the person is in receipt of assistance, or

    2. the person has qualified for assistance but is not yet in receipt of the assistance,

    the Director has the authority set out in subsections (2) and (3).

  2. The Director may assist a person referred to in subsection (1)

    1. in entering into a support agreement in the prescribed form with the person who is obligated to pay support and arrears, if any, and

    2. in obtaining a consent order for support and arrears, if any.

  3. For the purposes of subsection (1), the Director has all the rights of a person referred to in subsection (1) and may take any steps to obtain, enforce or vary a support order or support agreement, including

    1. entering into a support agreement in the prescribed form with the person who is obligated to pay the support and arrears, if any;

    2. agreeing to a consent order for support and arrears, if any;

    3. bringing an application for a determination of parentage;

    4. bringing an application for support and arrears, if any;

    5. bringing or defending an application for a variation of a support order or support agreement or to reduce arrears;

    6. filing a support order or support agreement under the Maintenance Enforcement Act or taking any other action to enforce a support order or support agreement;

    7. withdrawing a support order or support agreement from filing under section 9 of the Maintenance Enforcement Act;

    8. intervening in an application already being brought relating to the obtaining, enforcement or variation of a support order or support agreement;

    9. taking any steps necessary to bring or defend an application relating to the obtaining, enforcement or variation of a support order or support agreement.

  4. For the purposes of subsection (3), the Director may act in his or her name or in the name of the person referred to in subsection (1).

  5. When the Director exercises authority under subsection (3), the Director must, subject to the regulations, notify the person who is or may be entitled to support.

  6. While the Director is exercising authority under subsection (3), the person who is entitled to the support or to apply for or receive support under an Act, order or agreement

    1. shall not, except as provided in the regulations, exercise any of the rights referred to in subsection (3),

    2. must, when required,

      1. provide all necessary information,
      2. co-operate in any court proceedings, and
      3. comply with any requests of the Director,

      and

    3. shall not agree with the person who is obligated to pay support and arrears, if any, to cancel or reduce arrears under a support order or support agreement with respect to amounts owing to the Government.

  7. If a person enters into an agreement referred to in subsection (6)(c), the agreement is void.

  8. Where a person ceases to receive assistance and the Director has commenced to act under subsection (3), the Director may continue to act unless, subject to subsection (9), the person requests otherwise.

  9. Where a person ceases to receive assistance but the assistance provided during the period of entitlement to the support has not been recovered by the Government, the Director may act or continue to act under subsection (3) to recover money owing to the Government.