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"Point in Time" Regulation Content

Family Maintenance Enforcement Act

Family Maintenance Enforcement Act Regulation

B.C. Reg. 346/88

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 October 1, 2016
Section 2 July 1, 2010
March 18, 2013
May 17, 2021
Section 3 October 27, 2011
October 1, 2016
Section 4 October 27, 2011
Section 6.1 June 17, 2019
Section 6.4 October 27, 2011
June 30, 2014
Section 8 October 27, 2011
May 17, 2021
Section 9 October 27, 2011
Section 9.1 October 27, 2011
Section 10 October 1, 2016
Section 13.1 March 11, 2021
Section 13.3 March 6, 2024
Section 20.01 June 17, 2019
March 6, 2024
Section 20.1 June 17, 2019
February 1, 2021
March 6, 2024
Section 22 October 27, 2011
Schedule October 27, 2011
October 1, 2016

 Section 1 BEFORE re-enacted by BC Reg 227/2016, effective October 1, 2016.

Interpretation

1   For the purposes of the Act and this regulation, "clerk of the court" means a person, however described, that performs the duties of a clerk of the court.

 Section 2 (1) (b) BEFORE amended by BC Reg 151/2010, effective July 1, 2010.

(b) the provisions of the Family Relations Act and the rules of the Supreme Court apply in a Supreme Court proceeding.

 Section 2 (1) BEFORE amended by BC Reg 366/2012, effective March 18, 2013.

(1)  Subject to the Act and this regulation, for the purposes of the Act and this regulation,

(a) the provisions of the Family Relations Act and the Provincial Court (Family) Rules apply in a Provincial Court proceeding, and

(b) the provisions of the Family Relations Act and Supreme Court Family Rules apply in a Supreme Court family law case.

 Section 2 (1) (a) BEFORE amended by BC Reg 23/2021, effective May 17, 2021.

(a) the provisions of the Family Law Act and the Provincial Court (Family) Rules apply in a Provincial Court proceeding, and

 Section 3 BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

 Forms

3  The prescribed forms for the purposes of the Act and this regulation are the following as set out in the Schedule:

(a) statement of finances;

(b) notice of attachment;

(c) response by attachee;

(d) either of the 2 forms of statement of arrears;

(e) statement of income and expenses;

(f) notice to attend payment conference;

(g) consent to register a transfer or an agreement for sale of a manufactured home or to issue a transport permit for a manufactured home.

[en. B.C. Reg. 160/95, s. 1; am. B.C. Reg. 91/98, s. 1.]

 Section 3 (1) (b) BEFORE amended by BC Reg 227/2016, effective October 1, 2016.

(b) notice of attachment;

 Section 3 (1.1) was added by BC Reg 227/2016, effective October 1, 2016.

 Section 4 BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

 Filing orders with the director

4  The prescribed manner for filing a maintenance order under section 3 (1) or 6 (6) of the Act is to provide the director with a copy of the maintenance order certified by the court in the Province or elsewhere that actually made it or by the court in the Province that, by the Act, is deemed to have made it.

 Section 6.1 (5) (part) BEFORE amended by BC Reg 129/2019, effective June 17, 2019.

(5) For the purposes of subsection (3) and (6), maintenance becomes payable

 Section 6.4 BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

 Interest exemptions

6.4  (1)  No interest accrues on arrears of maintenance during any period in respect of which the debtor establishes that the debtor received income assistance.

(2)  For the purpose of subsection (1), "income assistance" means income assistance paid under section 14 of B.C. Reg. 272/96, the BC Benefits (Income Assistance) Regulation1, but does not include any payment made under section 7 of Schedule A of that regulation2.

[en. B.C. Reg. 358/96, s. 2.]

 Section 6.4 (2) (c) was added by BC Reg 138/2014, effective June 30, 2014.

 Section 8 BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

 Service of a notice of attachment or attachment order

8  (1)  A notice of attachment may be served on an attachee

(a) by mailing it by ordinary or registered mail to the attachee's address, or

(b) by personal service.

(2)  An attachment order may be served on an attachee

(a) by mailing a copy of it by registered mail to the attachee's address, or

(b) by personal service.

(3) to (5)  Repealed. [B.C. Reg. 160/95, s. 6.]

(6)  If the attachee has more than one place for the service of process and service of a notice of attachment or attachment order is made at one of these places that, but for this subsection, would not serve to attach the attachee's debt to the debtor, the notice is deemed properly served for the purpose of attachment 48 hours after the time of actual service.

(7)  Rule 13 (5) to (8) of the Provincial Court (Family) Rules applies to service of a notice of attachment or attachment order on an attachee.

[en. B.C. Reg. 82/93, Sch. s. 2; am. B.C. Reg. 160/95, s. 6.]

 Section 8 (7) BEFORE amended by BC Reg 23/2021, effective May 17, 2021.

(7) Subject to subsections (1) and (2), Rule 17 (5) to (8) of the Provincial Court (Family) Rules applies to service of a notice of attachment or attachment order on an attachee.

 Section 9 BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

 Response to a notice of attachment

9  (1)  For the purposes of section 16 (1) of the Act, the response of an attachee to a notice of attachment shall

(a) be in the response by attachee form set out in the Schedule,

(b) state the particulars of the attachee's indebtedness to the debtor, and

(c) be filed with the director by the attachee within 10 days of service of the notice of attachment.

(2)  An application for the purposes of section 16 (4) of the Act shall be made within 10 days after the refusal of the director, at the court location where the notice of attachment was filed, and shall be in the form usually used for application to the court.

[am. B.C. Reg. 160/95, s. 7.]

 Section 9.1 BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

 Notice by financial institutions to deposit account holders

9.1  (1)  The following information must be included in the notice required, under section 15 (3.2) of the Act, to be sent by an attachee to the director and the joint, or joint and several, account holders of a deposit account in respect of the deposit account:

(a) the name of the debtor;

(b) the name of the creditor;

(c) the name of any joint, or joint and several, account holders of the deposit account;

(d) the name of the person who may be contacted on behalf of the director by the joint, or joint and several, account holders of the deposit account regarding the notice of attachment;

(e) the number of the deposit account;

(f) the balance in the deposit account at the time the notice was served on the attachee;

(g) the amount in the deposit account that has been attached and paid to the director;

(h) the right of the joint, or joint and several, account holders to apply to the court for an order that all or part of the money paid to the director by the attachee be returned to the joint, or joint and several, account holders.

(2)  The attachee must send the notice required under section 15 (3.2) of the Act to

(a) the joint, or joint and several, account holders, by ordinary mail to the most recent address recorded in the records of the attachee for that account holder, within 2 days of service of a notice of attachment, and

(b) the director, by ordinary mail or by transmitting the information required under subsection (1) to the director on a secure website operated and maintained by or on behalf of the director or by other similar secure means of electronic transmission provided by the director.

[en. B.C. Reg. 19/2009, s. 1.]

 Section 10 BEFORE repealed by BC Reg 227/2016, effective October 1, 2016.

Proportional payment

10   If more than one notice of attachment or attachment order is served on an attachee in respect of the same debtor and the amount payable to the debtor by the attachee is insufficient to satisfy all the notices or orders, the attachee shall calculate as follows the amount to be deducted for the creditor's benefit under each notice or order:

D = M x AF

TF
where
"D" is the amount to be deducted for the creditor's benefit under a notice of attachment or attachment order;
"M" is the total amount of maintenance owing to that creditor according to the notice of attachment or attachment order, including the balance of arrears and periodic payments due, as of the date of calculation;
"AF" is the amount payable by the attachee to the debtor less any exemption allowed under section 13;
"TF" is the total amount of maintenance owing to all of the creditors according to the notices of attachment or attachment orders, including the balance of arrears and periodic payments due, as of the date of calculation.

[en. B.C. Reg. 160/95, s. 8.]

 Section 13.1 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(3) An exemption may be increased only if the increase is necessary to enable the debtor to meet his or her basic needs for food, shelter and clothing.

 Section 13.3 BEFORE re-enacted by BC Reg 42/2024, effective March 6, 2024.

Service on director

13.3   A notice or other document may be served on the director by mailing it by registered mail to any postal address provided by the director for that purpose.

[en. B.C. Reg. 160/95, s. 11.]

 Section 20.01 was enacted by BC Reg 129/2019, effective June 17, 2019.

 Section 20.01 (1) (a.1) was added by BC Reg 42/2024, effective March 6, 2024.

 Section 20.01 (2) BEFORE amended by BC Reg 42/2024, effective March 6, 2024.

(2) A notice given under subsection (1) (b) or (c) is deemed to be received by the debtor 7 days after the notice is mailed or posted, as the case may be.

 Section 20.1 (4) BEFORE amended by BC Reg 129/2019, effective June 17, 2019.

(4) A notice given under subsection (2) (b) or (c) or (3) (b) is deemed to be received by the debtor 14 days after the date the notice is mailed, transmitted or posted, as the case may be.

 Section 20.1 BEFORE re-enacted by BC Reg 23/2021, effective February 1, 2021.

Notice — pending suspension of motor vehicle licence

20.1   (1) The notices required under section 29.1 (2.1) of the Act must be given to the debtor in the manner set out in subsection (2) or (3), as applicable.

(2) The notice required to be given at least 60 days before forwarding a notice to the Insurance Corporation of British Columbia under section 29.1 (1) (b) of the Act may be given by

(a) delivering a copy to the debtor,

(b) mailing a copy by ordinary mail to the most recent address shown for the debtor in the records of the director, or

(c) posting a private, secure notice to the debtor on the website operated and maintained by or on behalf of the director.

(3) The notice required to be given at least 30 days before forwarding a notice to the Insurance Corporation of British Columbia under section 29.1 (1) (b) of the Act may be given by

(a) delivering a copy to the debtor, or

(b) mailing a copy by registered mail to the most recent address shown for the debtor in the records of the director.

(4) A notice given under subsection (2) (b) or (c) or (3) (b) is deemed to be received by the debtor 7 days after the date the notice is mailed or posted, as the case may be.

[en. B.C. Reg. 19/2009, s. 7; am. B.C. Reg. 129/2019, s. 3.]

 Section 20.1 (1) (a.1) was added by BC Reg 42/2024, effective March 6, 2024.

 Section 20.1 (2) BEFORE amended by BC Reg 42/2024, effective March 6, 2024.

(2) A notice given under subsection (1) (b) or (c) is deemed to be received by the debtor 7 days after the date the notice is mailed or posted, as the case may be.

 Section 22 BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

 Disclosure of information by British Columbia Lottery Corporation

22  For the purposes of section 25.1 (3) of the Act, the prescribed information is

(a) information sufficient to confirm the identity of the debtor, including the following:

(i)  name;

(ii)  date of birth;

(iii)  driver's licence number, if the debtor has a driver's licence,

(b) the total amount of the prize to which the debtor is entitled, and

(c) the amount that the corporation is paying to the director.

[en. B.C. Reg. 19/2009, s. 8.]

 Schedule, Net Pay form BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

[en. B.C. Reg. 19/2009, s. 9 (a).]

 Schedule, Gross Pay form BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

[en. B.C. Reg. 19/2009, s. 9 (a).]

 Schedule, Response by Attachee form BEFORE amended by BC Reg 182/2011, effective October 27, 2011.

[en. B.C. Reg. 19/2009, s. 9 (b).]

 Schedule, Net Pay form BEFORE amended by BC Reg 227/2016, effective October 1, 2016.

[en. B.C. Reg. 19/2009, s. 9 (a); am. B.C. Reg. 182/2011, s. 8.]

 Schedule, Gross Pay form BEFORE amended by BC Reg 227/2016, effective October 1, 2016.

[en. B.C. Reg. 19/2009, s. 9 (a); am. B.C. Reg. 182/2011, s. 8.]