Attorneys

When a payer is in default, the designated officer may take such steps as may be deemed necessary or appropriate to enforce payment, including:

• issuing a summons to provide such financial information and documentation as the designated officer requires;
• requiring the defaulting payer to appear before a judge or before a master (judicial officer) of the Court of Queen's Bench to explain the default.

In any instance of default, it is presumed to be wilful default and the onus shall be upon the defaulting payer to satisfy the court that the default was not wilful.

At the end of such default hearing, the judge or master may order some or any of the following:

• a fine of up to $1,000.00 or imprisonment for not more than 90 days, or both;
• requiring that arrears be paid in full by a specified date;
• requiring the periodic payments of the arrears until paid;
• requiring the deposit of a certain amount with the court as security against possible defaults of payment in future.

In addition, the designated officer may:

• register a maintenance order in any land title office, which will affect any land registered to the debtor in that land title office;
• take proceedings to obtain a garnishment order requiring an employer or a government corporation (with respect to wages, salary or other remuneration, including pension or other authorized benefits) to deduct and remit to the Director or the creditor amounts for maintenance and/or arrears from future wages of the debtor as they become payable;
• take proceedings to obtain a writ of execution enabling a sheriff to seize and sell property of the payer;
• take proceedings to realize on any bond or security deposited by the payer;
• take proceedings for the appointment of a receiver to take over the property of the payer;
• take proceedings to bring the defaulting payer before a deputy registrar of the court for examination regarding the default;
• provide a personal reporting (credit) agency with a computer printout showing that the payer is in default.