Appendix I: Glossary of terms

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Administrative survey

An administrative survey uses data that were collected by another agency or group for its own purposes. While the data collected were designed to assist decision-making or monitoring by the original agency, data can be extracted for research purposes providing a source for this information without having to mount a separate survey.

Aggregate survey

This refers to a survey where information on individual cases is not collected, but where data are summarized, collected and reported for pre-defined categories. More specifically, computer interfaces map survey concepts to local system information and the data are then electronically extracted from the system in aggregate form.

Appointment of receiver

This refers to action taken by a master/court administrator or a judge where a receiver is appointed to examine the payor’s financial situation.

Arrears

Arrears refer to money owing from earlier missed payments. As a result of either a court order or voluntary payment arrangement, an amount of arrears may end up being subject to a schedule. As long as the payment schedule is being adhered to, it is likely no additional enforcement action can be taken. Any non-scheduled arrears are those arrears which are owed from an earlier time, and for which there is no payment schedule established. The full amount is due and enforceable.

It is possible for a case to have arrears and be in compliance with total expected payments at the same time. This would be the situation if the payor were making all the current payments due, including the scheduled arrears payment.

Assignment status

This identifies whether the recipient is receiving social assistance and has had his or her case formally assigned to the Crown, or it may signify that arrears exist and that when collected, should be used to recover Social Assistance payments previously paid. Monies that are collected on behalf of the recipient on social assistance are either paid directly back to the provincial/territorial government or are reported and then deducted from the next assistance cheque.

Authority for the order

Support obligations enforced by the MEPs are the product of a court order or an agreement between the recipient and the payor. Orders for support may be the result of consent between the parties or a contested court hearing, and may be granted either under the federal divorce legislation, or the applicable provincial/territorial maintenance legislation.

Beneficiary

The beneficiary is the person(s) entitled to the benefit of the support payment, and is named in the support order. The beneficiary may be children only, spouse only, or both. In a very small number of cases in some jurisdictions, the beneficiary may also be a parent of the payor.

Cases administered

This includes all cases that were enrolled with the MEP at some point during a period of time, for example a year. It is a measure of all the cases for which the MEP had responsibility to monitor and enforce. Thus it includes both enrolled and terminated cases, but excludes ISO-out cases.

Cases enrolled

This includes all cases that are enrolled with the MEP at a particular point in time or over a period of time (i.e. all cases enrolled for the entire fiscal year). It can include cases for which the MEP is responsible to monitor (ISO-out cases) as well as those for which it is responsible to monitor and enforce (non-ISO and ISO-in cases).

Collection calls

This refers to an enforcement activity that involves the phoning of payors to demand payment.

Collection rate

Total amounts received by the MEP over the fiscal year are divided by total amounts due over the same time period. A rate of 100% would mean the amount received equalled the amount due.

Committal hearing

This refers to the hearing held when a payor defaults on an order where the penalty is jail.

Compliance/default

For purposes of the survey, compliance means that at least the amount expected in a month is received. Cases where there is nothing due in a month are counted as being in compliance. Excess payments or early payments are not considered separately. Cases not in compliance are in default.

Cases in compliance may also have arrears, either non-scheduled or scheduled. The determination of compliance is only made against the current amount due in a month.

Credit Bureau reporting

Credit Bureau reporting occurs when a MEP advises the Credit Bureau of payors who are in arrears. This lets other potential credit granters know of the debt so they will take this into consideration before allowing the payor to take on a new obligation that might be affected by the support obligation.

Default hearing

This refers to a hearing before a master/court administrator or judge to determine what action may be appropriate in the face of a failure to make support payments.

Demand for information

This includes all demands (usually letters) sent where the maintenance enforcement program is asking for information. Letters can be sent to the recipient, the payor, or some other party, such as an employer.

Demand for payment

This includes all demands (usually letters) sent where the maintenance enforcement program is asking for payment. The letter could be to the payor or some other party, such as an employer who has not sent in the money from a garnishment order, for example.

Direct payments

Direct payments are defined as payments made by the payor to the recipient, as stipulated by order/agreement that do not involve the maintenance enforcement program other than for adjustments to arrears, or for notification of failure to continue direct payment.

Enforcement activity

Various methods can be employed by a MEP to enforce an outstanding payment. Activities taken on a case can be categorized into three main types according to who conducts the procedure:

1. Administrative activities are those mechanisms employed by the MEP itself, and would include demands for information, jurisdictional garnishment and attachment and Credit Bureau reporting as examples.
2. Quasi-judicial enforcement are activities undertaken by a master or court administrator, and may involve conducting a default hearing.
3. Court-based enforcement involves court and judge time and is generally employed as a last resort. These tend to be more serious enforcement actions, involving default hearings, issuing of warrants, and default orders, and may culminate in fines or jail.

Event-driven payments

This refers to monies that are due because of some situation that has arisen if provided for in the order or agreement. For instance, an event-driven payment could be for tuition, dental work or lessons.

Examination of payor

This refers to any and all activity taken by the maintenance enforcement program to examine a payor with respect to assets, and liabilities. In some jurisdictions, this action can be undertaken by administrative staff, or court administrators.

Execution order

This refers to the order made by a judge to liquidate assets.

Family Orders and Agreements Enforcement Assistance Act (FOAEAA)

Under the three parts of the federal Family Orders and Agreements Enforcement Assistance Act (FOAEAA), MEPs can access different services provided by the Family Law Assistance Service (FLAS) of the federal Department of Justice. Part I allows for requests to search various federal databanks to determine the location of the payor. Part II allows for the interception of federal money owing to a payor. This most frequently takes the form of intercepting an income tax refund. Part III allows the MEP to apply through FLAS to the applicable federal department to have federally-administered licenses revoked or denied. This encompasses passports and certain transport (aviation and marine) licenses.

Federal garnishment

This refers to garnishments made pursuant to the Queen’s Regulations, and the Garnishment, Attachment and Pension Diversion Act (GAPDA).

Federal licence suspension

This refers to the Family Orders and Agreements Enforcement Assistance Act (Part III) which allows the denial of passports, aviation licences, and marine certificates.

Federal trace

This refers to the request for a federal trace under the Family Orders and Agreements Enforcement Assistance Act (Part I).

Garnishment, Attachment, and Pension Diversion Act (GAPDA)

Under the Garnishment Attachment and Pension Diversion Act (GAPDA), federal employee salaries and pensions are subject to garnishment.

Garnishment and attachment

This refers to the legal redirection of money owed to a support payor by another person or a corporation. A garnishment is referred to as a wage attachment in some jurisdictions. Most MEPs are able to issue their own garnishments and attachments, without court involvement.

Inherited arrears

These are the arrears that accrue before the case was enrolled in a MEP. MEPs are responsible to enforce on inherited arrears if repayment is not made after enrolment.

Interception of federal funds

Under the Family Orders and Agreements Enforcement Assistance Act (Part II), the maintenance enforcement program can intercept federal funds, such as income tax refunds, employment insurance benefits, old age security, Canada Pension Plan benefits, interest on regular Canada Savings Bonds, and selected Agriculture programs.

ISO status

Formerly referred to as REMO (reciprocal enforcement maintenance orders) or RESO (reciprocal enforcement support orders) status, ISO (interjurisdictional support order) status indicates whether cases cross jurisdictional boundaries, usually because the payor and recipient live in different provinces, territories or countries. Cases are classified according to three categories:

For cases that cross jurisdictional boundaries, the provinces and territories have introduced new legislation, the ISO Act. The purpose of this legislation is to allow one or both of the parties to obtain or vary a support order, or to have an existing order recognized and enforced when the parties are in different jurisdictions.

Jurisdiction

This describes the province or territory.

Jurisdictional garnishment

This refers to the formal process whereby an amount is deducted from a payor’s salary or wages, or other source of income on a regular basis.

Land registration

This refers to actions taken to encumber the sale of specific real estate. A support order may be registered in the Land Registry Office in the jurisdiction against the payor’s land. Upon registration, both the ongoing support obligation and any arrears owing become a charge on the property. The charge may be enforced by sale of the land.

Maintenance enforcement plan trace

This refers to all attempts to find the payor using jurisdictional information banks.

Microdata survey

This refers to a survey where information is extracted for each individual case. Summary data (mostly aggregations of the values for each case record) are produced at the CCJS.

Motor vehicle license intervention

A motor vehicle license intervention may be placed in order to prevent the renewal of licenses (and in some jurisdictions, motor vehicle-related services) and/or suspension of driving privileges prior to satisfying the support obligation.

Opt-in registration

In an “opt-in” registration system, enrolment with a MEP is at the option of either the recipient or payor. The only exception is cases where the recipient is entitled to social assistance, in which case enrolment is mandatory.

Opt-out registration

In an automatic or “opt-out” registration system, maintenance orders are automatically enrolled with a maintenance enforcement program at the time of the order. To be removed from the caseload of a MEP, a recipient must ask to be withdrawn from the program. In many jurisdictions, the payor has to agree to the withdrawal. This request can be denied if the recipient is collecting social assistance.

Order forfeiture of security

This refers to action taken by a master or court administrator where final authority is given to seize a security.

Order to provide information

This refers to a court order to provide information, including the payor’s financial affairs.

Pay-through system

The “pay-through” approach refers to a system where payors forward their payment to the MEP; the MEP records the payment and forwards it to the recipient.

Pay-to system

In a “pay-to” system, the payor makes his/her payment payable to the MEP, which functions as a clearinghouse for the payment before disbursing it to the recipient.

Payor

The payor is the person named in the order/agreement who provides the support payments. Some MEPs refer to the payor as the “debtor” or “respondent”.

Personal property lien

Support payments in arrears can be registered as a lien or charge against any personal property (e.g. motor vehicle) owned or held by the support payor in the jurisdiction. Registration affects the ability of the payor to sell or finance the encumbered personal property.

Provincial agreement

Domestic contracts, such as paternity agreements or separation agreements, between the payor and recipient can be filed in court and enforced through a MEP through provincial/territorial legislation, provided the agreement meets jurisdictional requirements for enforcement.

Provincial order

This refers to a court order for support made under provincial/territorial legislation.

Reason for termination

Cases will terminate or cease to be enrolled in a MEP for a variety of reasons. For example, orders expire as children age, the payor or recipient may die, or the recipient or payor may choose to withdraw from the program. In some instances the program may close the case depending upon its policy. For example, a MEP might close a case if the recipient cannot be located or if the recipient is accepting direct payments contrary to the program's policy.

Recipient

The recipient is the person named in the order/agreement to receive the support and is generally the parent with whom the children live. Sometimes the recipient is a grandparent or another person responsible for the children. The money the recipient receives could be for the benefit of the recipient, for dependent child(ren), or for both. Some MEPs refer to the recipient as the “creditor” or “claimant”.

Register order against personal property

This refers to the registration of the maintenance order against property of the payor.

Regular payments

This refers to the amount ordered or agreed to, expressed as a monthly payment due and includes the regular ongoing amount due in one month. Scheduled arrears are not included.

Total payments

This refers to all monies for support, expressed as a monthly payment. This amount includes the regular amount expected for a given month plus scheduled arrears, event-driven payments, and fees, costs and penalties due.

Voluntary payment arrangement

This refers to an arrangement made by the maintenance enforcement program and agreed to by the payor where a voluntary payment schedule is established. The voluntary assignment of wages is included.

Writ of execution

This refers to the actions taken by the maintenance enforcement program that result in payment, for example the seizure and sale of a payor’s assets.

Writ of seizure and sale

A legal document by which a sheriff in a jurisdiction where the writ is filed can be authorized to seize either personal property (e.g. motor vehicle) or real property (e.g. land) of a support payor in default and to sell the property to satisfy the support debt. A writ of seizure and sale can also affect the ability of a payor to finance or sell the encumbered property.