Maintenance Enforcement Policy & Procedures Manual€¦ · Maintenance Enforcement Program Policy...

Province of Prince Edward Island

Department of Justice and Public Safety

Maintenance Enforcement Program Policy and Procedures

Policy Title Policy

Number

Effective Date Page

Maintenance Enforcement

Policy & Procedures Manual

01-July-2018 1 of 1

Maintenance Enforcement Policy & Procedures Manual

The Honorable C.R. McQuaid Family Law Centre

Family Law Section


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Policy Title Policy

Number

Effective Date Page

Table of Contents 000 01-July-2018 1 of 2

Revised: 1 May 2018

Section 100: Introduction

101. Introduction

102. Abbreviations

103. Definitions & Policy Interpretation

104. Revising Policies and Procedures

Section 200: Conduct & Quality Review

201. Code of Conduct

202. Conflict of Interest

FORM 202 - Conflict Declaration Form

203. Quality Control Review Process

204. File Reviews

FORM 204 - File Review Case Spreadsheet

Section 300: Office Administration

301. Referrals: Community Agencies

302. Security

FORM 302 - Critical Incident Report Form

303. External User Agreements

304. Payment Processing

FORM 304 -Vendor Registration Form

Section 400: Communications

401. Communications – General

FORM 401 - Third Party Authorization Form

402. Disclosure of Information to Clients

403. Communication with and Information Disclosure to Third Parties

404. Complaints Handling

FORM 404 – Complaint Form

Section 500: Enrollment

501. Enrollment Overview

Form 501 – Court Registration Form

502. Determining Eligibility

503. Variation of Orders/Agreements

504. Recalculation Services




Policy Title Policy

Number

Effective Date Page

Table of Contents 000 01-July-2018 2 of 2

Revised: 1 May 2018

Section 600: Case Management

601. Case Management

602. Special and Extraordinary Expenses

FORM 602A – Retail Purchase Expense Confirmation Form

FORM 602B – Section 7 Expense Statement Form

FORM 602C – Mileage Sheet for Section 7 Expenses

603. Voluntary Withdrawal of Order/Agreement from Program

FORM 603 – Request to Withdraw Form

604. File Status Change

FORM 604A – Child Status Form

FORM 604B – Continued Arrears Collection Request Form

605. Direct Payments to Beneficiaries

FORM 605 – Acknowledgement of Payment Form

606. Arrears Collection – Inactive Files

Section 700: Administrative Enforcement

701. Enforcement Activity Continuum

702. Payor Compliance Plans

FORM 702A – Current Financial Status Form

FORM 702B – Payor Compliance Plan

703. Plans for Payments at Default Hearings

FORM 703 – Payor Payment Plan

704. Staying Enforcement Steps




Policy Title Policy

Number

Effective Date Page

Introduction 101 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. The Maintenance Enforcement Program of PEI plays an important and integral role in the

timely disbursement of support to Islanders. The Program is committed to striving to

consistently meet best practice standards to ensure clients involved with the system are

treated in a fair and consistent manner and that the amount of support collected and

provided to participants (children and spouses) is maximized.

2. This Manual was developed for the Maintenance Enforcement Program (MEP) in the

Family Law Section of the Family Law and Court Services Division of the Department of

Justice and Public Safety and for the Public. MEP aims to take a proactive approach to

enforcing support payments pursuant to Orders and Agreements.

3. This Manual will also assist the public, staff, and those working in related areas to obtain

a better understanding of the policies and procedures pertaining to the administration of

MEP. This is to ensure that while clients may not agree with the decisions made by MEP,

they understand the policy and rationale for those decisions and understand the roles and

responsibilities of MEP clients and of MEP.

4. Transparency and consistency in policy application is an important step in ensuring

effective service to clients. Transparent policies relating to communication and

enforcement guidelines work to ensure MEP staff is able to prioritize enforcement

activities,

5. This Manual will:

a. Ensure clients are treated in a fair and consistent manner;

b. Ensure the public and clients of MEP are aware of the expectations and

requirements of MEP in order to enroll and maximize compliance;

c. Provide guidelines for expectations and a foundational understanding of the policy

rationale for MEP functioning; and

d. Communicate a policy of transparency and openness where possible, subject to the

operation of law.

STATEMENT OF LIMITATIONS

6. The information in this Manual is provided for reference purposes only and should not be

considered a substitute for laws and requirements set forth in Maintenance Enforcement

Act and Regulations and other legislation impacting MEP functions. Legal obligations

relating to MEP evolve as the common law and legislation changes. This Policy is subject




Policy Title Policy

Number

Effective Date Page

Introduction 101 01-July-2018 2 of 2

Revised: 1 May 2018

to such changes, which may happen in advance of the revision of this Manual for legal

compliance. In the event of a discrepancy between this Manual and governing legislation

or case law, the legislation or case law will prevail.

7. Forms and Appendix documents that are referenced in this Manual may change on short

notice, given the operational demands of MEP. The Deputy Minister of Justice and

Public Safety is authorized to sign off on changes to Forms and Appendix documents in

this Manual.

8. Further, this Manual is presented as a best-practice guideline, and MEP will make every

effort to meet or exceed procedures outlined in this Manual. However, timelines outlined

in this Manual are be subject to operational demands. If MEP is unable to meet timelines

outlined in this Manual, MEP will notify the parties accordingly.

9. Where discretion is available to MEP staff in the execution of their duties under

legislation, this Manual is not intended to preclude the exercise of that discretion. It is

intended to ensure that exercises of such discretion are properly documented and

communicated to ensure participant understanding.




Policy Title Policy

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List of Abbreviations 102 01-July-2018 1 of 2

Revised: 1 May 2018

LIST OF ABBREVIATIONS

Agreement: Support Agreement

AOB: Assignment of Benefits

Beneficiary: Person who receives support payments

BF: Bring-Forward

Client: Payor and Beneficiary

CPI: Consumer Price Index

CPP: Canada Pension Plan

CSG: Child Support Guidelines

DFLCS: Director of Family Law and Court Services

DME: Director of the Maintenance Enforcement Program

DND: Department of National Defence

DOB: Date of Birth

EI: Employment Insurance

EO: Enforcement Officer

FA: Financial Assistance

FOAE Act: Family Orders and Agreements Enforcement Assistance Act, RSC

1985, c 4 (2nd Supp)

GAPD Act: Garnishment, Attachment and Pension Diversion Act, RSC 1985, c

G-2

IA: Income Assistance

ID: Identification

ISM: Integrated Services Management

ISO: Interjurisdictional Support Order

IVR: Interactive Voice Response

Manager: Manager of the Family Law Section

Manual: MEP Policy and Procedures Manual

MEP: Maintenance Enforcement Program

MEPS: Maintenance Enforcement Program System

MLA: Member of the Legislative Assembly

Order: Order of the Court

N/A: Not Applicable

Parties: Parties to an Order or Support Agreement

Payor: Person obligated to make support payments

PCP: Payor Compliance Plan

PPP: Payor Payment Plan

PEI: Prince Edward Island




Policy Title Policy

Number

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List of Abbreviations 102 01-July-2018 2 of 2

Revised: 1 May 2018

PIN: Personal Identification Number

RCMP: Royal Canadian Mounted Police

RJ Reciprocating Jurisdiction

SIN: Social Insurance Number

The Act: Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1; and

General Regulations, PEI Reg EC41/13

The Minister: Minister of Justice and Public Safety

USA: United States of America

WCB: Workers Compensation Board




Policy Title Policy Number Effective Date Page

List of Definitions & Policy

Interpretation

103 01-July-2018 1 of 5

Revised: 1 May 2018

LIST OF DEFINITIONS

Assignment of Benefits (AOB): refers to a legal document signed by a Social

Assistance Client who:

assigns all proceeds which may be due or accruing as a result of an

Order for support and filed at the MEP office;

assigns all such proceeds to the Government of Prince Edward Island,

i.e. the Income Support Program;

entitles the Government of Prince Edward Island to collect these

monies as if they were a debt owed by the Payor; and

entitles the Government of Prince Edward Island to be served notice if

the Payor completes an application to vary child support.

Child & Children: If an Order/Agreement has sections that state “the child” or

“the children”, MEP will interpret such statements to mean that the singular form

of child includes the plural form of children and words in the plural include the

singular, in order to ensure that support is not terminated for children who are still

dependent due to errors in drafting Orders/Agreements.

A Conflict of Interest exists when an employee has a private or financial interest

that is or appears to be inconsistent with his or her duties and the responsibility to

act in the best interests of the public, because the employee could benefit

personally from a decision or action. The private interest may influence or have

the potential to influence how the employee carries out his or her MEP duties.

Confirmation Orders are Orders issued under s.19 of the Divorce Act that

confirm a Provisional Order without variation; with variation or refuse any variation of the Order. The amount of support will be included in the Order and the Order is a new Order for the purposes for changing support amounts on MEPS.

Consent Order: A Consent Order is governed by the Divorce Act and Family

Law Act. It is generally a voluntary Agreement worked out between two or more parties to a dispute, typically in Court. A Consent Order signed by a Judge has the same effect as a Court Order and can be enforced by the Court if anyone does not comply with the Order.

A Critical Incident is any situation where there is an acute threat or actual harm

to clients, children, MEP staff and/or other persons or organizations that results in

anxiety or trauma for MEP staff or for clients of the MEP or their children






Interpretation

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Revised: 1 May 2018

A Critical Incident Report (CIR) is a report that a MEP staff person completes

after a critical incident has occurred, which details the critical incident and the

actions taken to resolve the incident.

Days (less than 30): Refers to Business Days, unless otherwise noted.

Days (30 and greater than 30): Refers to Calendar Days, unless otherwise noted.

A Debriefing refers to the meeting that the DME will convene and facilitate with

affected MEP staff following a critical incident.

Global Order: Orders which set a total amount of money for the support of a

number of children instead of an amount per child.

An Information Sharing Agreement is an agreement between MEP (Justice and

Public Safety) and another government department or external users that

documents the terms and conditions of the exchange of personal information in

compliance with the provisions of the Freedom of Information and Protection of

Privacy Act and the Act.

ISO-IN is a case where the Payor resides in PEI and MEP is enforcing on behalf

of the RJ.

ISO-OUT is a case where the Payor resides out of PEI and the RJ is enforcing on

behalf of MEP.

IVR is MEP’s automated telephone system, available to clients 24 hours per day,

seven days per week. Through the IVR InfoLine, Payors and Beneficiaries may

receive a Payment Summary listing of the latest payment(s) made; find out when

the most recent payment was received; if applicable, find out how much the Payor

owes in missed payments; and check the status of any enforcement action. The

IVR also offers detailed, recorded information on all aspects of MEP, including

the various enforcement actions MEP has the authority to take.

Jurisdiction: when a court has jurisdiction, this means that the court has the

authority to deal with and make decisions on the particular legal matter at issue

(e.g. custody of a particular child, child support, etc.)






Interpretation

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Revised: 1 May 2018

A Non-compliant Payor is someone who is in non-compliance with an Order or

Agreement enrolled with MEP.

Notice: The service of a notice by ordinary mail which is deemed to be complete

upon the expiration of seven (7) days after the deposit of the notice in the mail,

pursuant to the Act.

Persistent Arrears: failure to make in full the payments required in respect of

any three (3) payment periods, within the meaning of the support

Order/Agreement, and/or accumulated arrears of $3000 or more.

PIN: a private number MEP gives each client (Note: the Payor and Beneficiary

will have the same case number, but different personal identification numbers).

Provisional Orders are Orders issued under s.18 of the Divorce Act that serve as

a guide for a member of the Judiciary in another jurisdiction, but practically speaking are not new Orders for the purposes of changing support amounts on MEPS.

Recalculation Orders are issued by the Recalculation Office, in accordance with the Administrative Recalculation Regulations under the Family Law Act. A Recalculation Order allows child support payments to be changed based on updated income information and happens once a year around the “Anniversary Date” of the Order. The recalculated amount of child support payable will take effect after both parents have received notice of it. A recalculation cannot deal with arrears, Section 7 Expenses, or support payments prior to the date the recalculated Order takes effect.

Recorded Information Management (RIM) is the systematic control of all

recorded information, regardless of media, from creation or receipt to final

disposition, and in accordance with the Archives and Records Act

Reciprocating Jurisdictions (RJs): The Province of Prince Edward Island has

enforcement agreements with every Canadian province and territory, every state

in the United States of America, and approximately 30 other countries. These are

known as “Reciprocating Jurisdictions.”The complete list of jurisdictions that PEI

has reciprocal enforcement agreements with is as follows:

Canada - Prince Edward Island has reciprocal enforcement agreements

with all other provinces and territories of Canada






Interpretation

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Revised: 1 May 2018

All of the United States, including the District of Columbia, Puerto Rico

and the US Virgin Islands

Singapore

Austria

Germany

Gibraltar

Island of Guernsey

Isle of Man

Norway

Poland

United Kingdom of Great Britain and Northern Ireland

Australian Capital Territory, New South Wales, Northern Territory

South Australia, Tasmania, Victoria

Western Australia, Independent State of Papua New Guinea

New Zealand (including the Cook Islands)

Retroactive support provisions are provisions or clauses in a Variation Order or Agreement that modify the amount of support that was paid during a prior period. This may result in either an overpayment or underpayment by the Payor and an adjustment of the ledger on MEPS.

Social Assistance Program helps people meet their basic needs when they cannot. The program provides help on a case-by-case basis to people who meet the program’s requirements.

Special or extraordinary expenses - sometimes called ‘Section 7 Expenses’

(because this is the section of the Guidelines that explains these expenses), special

or extraordinary expenses are expenses for which ‘extra’ amounts of child support

may be paid in addition to the basic monthly table amount of child support. The

Guidelines define special or extraordinary expenses as those that:

are necessary because they are in the child’s best interests,

are reasonable in relation to the means of the parents and of the child, and

are consistent with the family’s spending patterns prior to the separation.

The Security Caution List is a list of clients who are either barred from the

Family Law Centre, or who require the presence of Sheriff Services if they attend

the Family Law Centre. The Security Caution List is located in the MEP Intake

Officer’s Office. Clients may be barred from the Centre if they are aggressive

with staff.






Interpretation

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Revised: 1 May 2018

A threat occurs when a person conveys, through any form of communication, the

intention to cause harm to a person or damage to property. The communication

may be made over the telephone, in writing, email, or in person, and can be

spoken or in the form of body language.

Variation Agreement: A new written Agreement that changes an Agreement

registered with MEP.

Variation Order: A new written Order that changes an Order or Agreement

registered with MEP.




Policy Title Policy

Number

Effective Date Page

Revising Policy and Procedures 104 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. In order to ensure the continued best practice functioning of MEP, it is

imperative that policies and procedures are reviewed to address changing

operational realities and legislation.

2. MEP is committed to reviewing policies and engaging in internal, extra-

jurisdictional and legislative review regularly, to identify areas where service

to Islanders can be improved.

3. To ensure consistent standards are applied to all clients involved with MEP, it

is important that this Manual is reviewed and updated to address the changing

environment of maintenance enforcement on Prince Edward Island.

PROVISIONS

4. MEP staff will comply with the policies and procedures in this Manual as they

are written, which includes documenting exercises of discretion that require

action outside of the best practice guidelines in this Manual.

5. The DME is responsible for ensuring that the policies and procedures in the

Manual are current, accurate and appropriate.

6. As front line MEP staff is best positioned to see the impact of policy on

operational functioning, the input of staff is an imperative part of policy

review. If MEP staff become aware that a policy or procedure is out-of-date,

inaccurate, or inappropriate or have recommendations for improvement, then

they will notify the DME.

7. The DME is responsible for drafting new policies and revisions to existing

policies. Any new policies or revisions will be sent by the DME to the

Manager for review. The Manager will make necessary alterations and

forward any new policies or revisions to the DFLCS for final review before

seeking Ministerial approval.

8. Given the importance of accurate and current policies and procedures, the

DME and Manager will undertake a full review of all policies and procedures

on an annual basis to ensure they comply with legislation, policies and

standards of MEP, and that changes have been properly communicated to staff

and updated in the Manual.




Policy Title Policy

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Effective Date Page

Revising Policy and Procedures 104 01-July-2018 2 of 2

Revised: 1 May 2018

9. There will be an annual meeting between the DME, Manager, and DLFCS to

discuss the status of the Manual.

10. The DME is responsible for communicating to MEP staff any new policies or

revisions to existing policies.

AUTHORITIES AND REFERENCES

11. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1; and General

Regulations, PEI Reg EC41/13.3




Policy Title Policy

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Code of Conduct 201 01-July-2018 1 of 3

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP sets high standards of conduct for MEP employees through the

development of policies and procedures that support employee development

and achievement while meeting best practice standards.

2. MEP does not represent either the Payor or the Beneficiary. MEP is a neutral

third party that does not advocate for one party or another but rather takes

steps to enforce Orders and Agreements and maximize collection and

remittance of support.

3. MEP and its staff members must ensure that the MEP operates in a way that is

always mindful that MEP is a client-facing and public focused service. While

MEP does not represent either the Payor or Beneficiary, interactions with

clients must always be respectful and sensitive to the necessity of maximizing

support collected and disbursed to Island families.

4. While MEP staff are to be sensitive to the circumstances of clients and

acknowledge such circumstances can be stressful, MEP staff are entitled to be

treated in a safe and respectful manner.

5. The primary goal of MEP is to ensure and improve compliance with Orders

and Agreements enrolled with MEP and this permeates all aspects of the work

of MEP staff.

6. The behaviors listed in this Code of Conduct are principles that are intended

to guide staff in the operations of MEP.

PROVISIONS

7. The principles of the Code of Conduct for MEP are categorized as follows:

A. People

MEP staff respect human dignity and the value of every person, as such

they will:

a) Treat every person with dignity, fairness and courtesy regardless of

differences.

b) Address conflict in a professional manner.




Policy Title Policy

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Revised: 1 May 2018

c) Work together in a spirit of consistency and respect that encourages

participation, and allows for an environment of mutual respect and

promotes respectful communication.

d) Respect the privacy of others.

e) Foster a safe and healthy workplace for all.

B. Professionalism

MEP staff will carry out their responsibilities efficiently and effectively,

as such they will:

a) Comply with legislation, policies and guidelines.

b) Carry out duties in a competent manner.

c) Demonstrate the competencies established by MEP for MEP staff and

meet any professional and occupational standards that apply.

d) Strive to improve the efficiency and quality of services provided to the

public.

C. Public

MEP staff will act so as to instill public trust and confidence in MEP and

in Government, therefore MEP staff will:

a) Carry out duties in a manner that is accountable and transparent,

subject to the operation of law.

b) Avoid and prevent conflicts of interest or situations that could

jeopardize MEP staff’s ability to carry out their work-related

responsibilities.

c) Ensure that support funds collected and entrusted client information

are administered in keeping with the legislative obligations of MEP

and in the public interest.

d) Act in a manner consistent with this Policy and in the highest standard

of the Civil Service.




Policy Title Policy

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Revised: 1 May 2018

D. Collegiality

MEP staff will promote responsibility, accountability and mutual respect

in working together and will:

a) Collaborate with colleagues and government partners to meet the

objectives of MEP and to improve efficiency.

b) Treat all clients fairly, consistently and objectively.

c) Interact with clients in a timely fashion on issues of common concern.


8. Civil Service Act, R.S.P.E.I. 1988, Cap. C-8

9. Government of Prince Edward Island - Employee Orientation Manual






Policy Title Policy

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Conflict of Interest 202 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. It is critical that all staff, particularly those working directly in enforcement

casework, are not in a conflict of interest position or do not appear to be in a

conflict of interest position. Public trust in government depends to a large

degree on the honesty, integrity, fairness and good faith of civil service

employees. This trust is compromised when an employee's interest and the

public’s interest conflict.

2. All provincial government employees must adhere to the provincial

government’s Conflict of Interest Policy, which is contained in the Human

Resources Policy and Procedures Manual and authorized pursuant to the Civil

Service Act. Pursuant to this Policy, employees are required to sign Conflict of

Interest Declaration and a Conflict of Interest Disclosure Statement when they

commence their employment with Government. The Manager will maintain

the signed copies of this form in MEP staff’s personnel file.

3. To ensure that MEP staff are best positioned to identify and properly handle

instances of real or perceived conflict of interest, this Policy sets out a best

practice procedure for identifying and handling instances of conflict. It sets

out the responsibilities MEP staff have with respect to real, potential or

apparent conflicts between their official duties and their personal or financial

interests.

PROVISIONS

4. When a MEP staff member determines that a conflict of interest (or perceived

conflict of interest) may exist, or actually finds themselves in a conflict of

interest situation, the staff member will immediately inform the DME in

writing, using FORM 202 - Conflict Declaration Form.

5. Circumstances where an employee shall complete a Form include, but are not

limited to:

a. Immediate family member enrolls or is enrolled in MEP;

b. Close friend or close extended family member is enrolled in MEP;

c. Individuals with whom a staff member has previously had a close

relationship with enroll or are enrolled in MEP; or




Policy Title Policy

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Conflict of Interest 202 01-July-2018 2 of 2

Revised: 1 May 2018

d. Individuals with whom a staff member has a financial relationship

(either currently or previously) with enroll or are enrolled in MEP.

6. MEP staff shall act at all times with an abundance of caution relating to

conflicts and if circumstances arise where they are uncertain if a real or

perceived conflict exist, - FORM 202 should be completed and sent to the

DME for consideration.

7. Once the employee has submitted - FORM 202 to the DME indicating that a

conflict of interest exists or may exist, the DME will assess all information

available to them. If the DME determines that a conflict of interest situation,

actual or perceived,, the employee will be removed from any work with, or

decision-making regarding the case. The DME may take other remedial action

as they deem appropriate, which may include restricting the employee’s

access to the file or MEPS.

8. If the DME is uncertain whether the declared situation results in a conflict, the

Manager shall make the determination.

9. A MEP staff member’s failure to real, apparent, potential, or perceived

conflicts of interest may be subject to investigation and disciplinary measures.



11. Human Resources Policy and Procedures Manual (5.03 Conflict of Interest)






Policy Title Policy

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Quality Control Review Process 203 01-July-2018 1 of 4

Revised: 19 June 2018

POLICY OBJECTIVE

1. Assessing and improving the services performed by MEP staff is important to

the effective operation of MEP. Such assessment is also important to the

accountability of staff and clients of MEP with respect to policy and

procedures, which is important in maintaining public confidence in the

administration of maintenance enforcement on the Island.

2. Quality assurance involves systematic measurement, comparison with a

standard, monitoring of processes and an associated feedback loop that

facilitates error prevention.

3. Ensuring staff and clients of MEP are aware of policy expectations and

assessment procedures are important to ensuring employee performance

achievement and client satisfaction. MEP is committed to ensuring that there

is ongoing emphasis on quality control as a normal part of day-to-day

operations.

4. This Policy explains the process for MEP staff to conduct quality assurance

processes in the administration of MEP.

PROVISIONS

Supervision of EOs by DME

5. Day-to-day supervision is the most important quality control strategy.

Legislation (Maintenance Enforcement Act, Family Law Act, Divorce Act,

etc.) the Manual, and directives (i.e. notices from management) define best

practice guidelines for MEP, EOs, and MEP staff.

6. The DME is responsible for continuously monitoring the work of each MEP

staff member who reports to the DME, and for providing feedback, guidance,

and instruction to MEP staff. The DME will ensure that MEP staff adhere

standards, legislation, and policies and procedures.

Monthly File Audits

7. This Policy is not intended as a replacement for the file review process set out

in Policy 204 – File Reviews. This Policy is intended to complement the

Policy 204 – File Reviews.




Policy Title Policy

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8. Each month, the DME will run a random Quality Assurance File Selection

Report which will randomly select five (5) files per EO, which will comprise

as follows:

a. Two Compliant Payor files (someone who is in regular compliance

with the Order/Agreement);and

b. Three Non-Compliant Payor files (someone who is in non-compliance

with the Order/Agreement).

9. The DME will then complete a Quality Assurance Report for each EO. This

involves reviewing each file to determine adherence to legislation, policy and

procedures, timelines, accuracy, and enforcement as appropriate and is

intended to assist in identifying circumstances where operational demands are

impacting the ability of MEP staff to manage file loads.

10. Quality Assurance Reports are intended to set a standard that will assist the

DME in determining accuracy and proper handling of MEP files.

11. Performance issues revealed in Quality Assurance Reports will be used by the

DME to monitor staff performance, with the aim of service and to identify

opportunities for support for MEP staff to meet best practice guidelines

Monthly EO File Debrief Meetings

12. The DME will hold monthly Debrief Meetings where each EO will select their

most challenging files to discuss next steps, successes, and challenges

experienced in enforcing their most complex cases.

13. The Debrief Meeting will be an opportunity for EOs to discuss and determine

opportunities for process and policy improvement and also to work

collaboratively to determine creative steps to address challenges with

enforcement.

Case Management System Monitoring

14. Information on MEPS will be monitored by MEP staff as part of file reviews

to detect errors and inconsistencies. This is the responsibility of all MEP staff,

and EOs assigned to a particular file will ensure that the information contained

in Orders/Agreements is accurately reflected on MEPS.




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15. If an error or inconsistency is identified, the error or inconsistency will be

analyzed to determine the cause, and steps will be taken to correct the existing

data as to prevent reoccurrence. These corrective and preventative measures

may involve system changes, instruction, clarification, procedural changes,

and/or individual training. The DME must be notified of any errors on MEPS.

16. The DME will also review MEPS reports to determine if particular files need

to be addressed by a particular EO. The DME will select files based on the

amount of arrears accruing on the file and whether there has been any

explanation made by the Payor with respect to why the arrears are accruing

based on reports from MEPS.

Changing Officers

17. The DFLCS, Manager, and DME have discretion to determine whether or not

to change the EO assigned to a file. Clients will frequently request a change of

EO; however, due to the nature of MEP, changing EOs due to a client request

may undermine an EO’s credibility.

18. In circumstances that the DFLCS, Manager, or DME determine that a

complex file should be moved to another EO, the change is not a statement

that the previous EO was unable to meet their professional duties, but rather

that rotating complex files may result in a fresh perspective and potentially

result in the additional collection of outstanding support payments. Before

transferring another EO to a complex file, the DFLCS, Manager, and DME

must weigh the potential benefits against the potential disruption to the clients

who will have to be assigned a new EO.

19. Any request to change an EO shall be discussed with the EO on the file and

the recommendations of the EO will be an important consideration of such a

request. Changing an EO on a file should only be authorized if there is a

conflict of interest between an EO and client, or if the relationship has

deteriorated to the point where insufficient benefit remains in keeping the EO

on the file.

20. In response to a request to change an EO, the DME, Manager, or DFLCS shall

provide a written response with reasons to the requestor. A copy of the written

request will be placed on the client file.




Policy Title Policy

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22. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1




Policy Title Policy

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File Reviews 204 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP is responsible to receive, register, and enforce Orders and

Agreements. Through the collection and disbursement of support, EOs help to

ensure the financial security of Island children. To accomplish these

objectives, it is critical that each MEP file is reviewed regularly and

enforcement action is promptly initiated, in order to ensure the best quality of

service possible.

2. File reviews ensure timely enforcement action is initiated on files, which

results in timely support payments.

3. The file review process also assists EOs in maintaining best practices in file

management and organization.

4. File reviews provide MEP and management with valuable information on

whether staff are meeting the standards of MEP and whether there needs to be

intervention by management.

5. File reviews also provide an opportunity to identify training needs for staff

and to adjust and improve systems or procedures.

PROVISIONS

6. File reviews will be undertaken by EOs monthly.

7. EOs will complete a Case Review Spreadsheet, which is intended to act as an

overview and time management document for the EO’s caseload.

8. The EO will update the Case Review Spreadsheet each month, updating the

information for ongoing files and adding new files as assigned.

9. The most senior files are reviewed first, therefore, file reviews are completed

in numerical order with the oldest files being reviewed first and the newest

files being reviewed last.

10. EOs will review all files keeping in mind the best-practice enforcement

guidelines of the Manual.




Policy Title Policy

Number

Effective Date Page

File Reviews 204 01-July-2018 2 of 2

Revised: 1 May 2018

11. EOs will submit a completed Caseload Review Spreadsheet to the DME no

later than five (5) business days from the first working day of the month.

12. In the event an EO believes operational demands prevent his or her ability to

meet the timelines for submitting a Caseload Review Spreadsheet, they will

seek approval from the DME in writing.

Annual Confirmation of Beneficiaries Status

13. Where parties are in compliance with their Order or Agreement and require

little contact with MEP staff, MEP staff will take steps to ensure that ongoing

support payments and contact information are reviewed, and updated as

required

14. If after conducting a file review, an EO notes that a Beneficiary has not been

in contact with MEP for one (1) year, then the EO assigned to the file will

send a letter (or email) to the Beneficiary asking that the Beneficiary confirm

their contact information and banking details. The EO will advise the

Beneficiary that they have thirty (30) days to respond, or the file may be

withdrawn from enforcement.

15. If the Beneficiary is over the age of sixty-five (65), an EO will follow the

same process outlined in section 14 of this Policy, but will do so after the

Beneficiary has not been in contact with MEP for six (6) months.

16. If the Beneficiary does not respond to the letter within the thirty (30) day time

frame, the EO will immediately begin tracing steps to locate the Beneficiary.

17. If the EO is unable to locate the Beneficiary within six (6) months of

unsuccessful tracing attempts, then the EO will notify the Court and the Payor

that they are requesting to withdraw the file from MEP.







Policy Title Policy

Number

Effective Date Page

Referrals: Community Agencies 301 01-July-2018 1 of 1

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP’s mandate is to register, monitor, and enforce support payments in

accordance with Orders and Agreements, as per the Act. MEP staff are

responsible to follow MEP’s mandate.

2. MEP staff cannot directly offer to assist or intervene to help either Payors or

Beneficiaries who may have other challenges in their lives (e.g.

unemployment, access/custody disputes, mental health or addiction issues,

etc.), which may affect the payment of support.

3. Clients involved in MEP are often involved in ongoing issues that may

benefit from legal interpretation or assistance. MEP staff are unable to

provide legal advice.

4. In order to ensure clients are aware of and better able to access community

services and resources to address issues that impact the payment of support,

MEP staff may refer individuals to community services or other available

resources.

5. This Policy outlines the process by which a MEP staff member may make a

referral to an agency to assist MEP clients with issues outside of the scope of

MEP.

PROVISIONS

6. When appropriate, MEP staff will make Payors and Beneficiaries aware of

services available to them in the community. For example, MEP staff may

provide clients with website links, phone numbers, contact names, and/or

brochures for services.

7. Clients of MEP have the responsibility of following up with any referral

and taking any appropriate action. MEP staff is not responsible for the

quality of any service provided by the referral agency, and a referral to a

particular agency is not an indication of support for one party’s position.

8. When an EO makes a referral, the EO will place notes in the Contact Log

on MEPS, indicating the service the client was referred to and the reason

for the referral.




Policy Title Policy

Number

Effective Date Page

Security 302 01-July-2018 1 of 9

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP deals with individuals who are handling issues that can be emotionally

charged. It is important that MEP takes sensible precautions to safeguard staff

to reduce the possibility of conflict escalation and security risks.

2. To that end, MEP undertakes to:

• promote a violence-free and respectful workplace for all employees

and clients;

• respect and protect the health, safety, and dignity of all employees; and

• ensure employees are aware of and follow safety practices to prevent

and respond to violent incidents.

3. The Family Law Centre is part of the Court Complex Security System and

Sheriff Services provide security services to the Family Law Centre.

4. In addition to the physical security provided in the Family Law Centre (i.e.,

CCTV camera coverage, safety glass, panic buttons in offices and reception

areas that alert Sheriff staff to incidents, etc.), MEP staff shall adhere to

policies and procedures that mitigate potential risk and work to de-escalate

conflict.

5. Compliance with reporting and debriefing also ensures that MEP staff who are

involved with critical incidents are properly supported and that policies and

protocols are reviewed as required to ensure any improvements are made

promptly to respond to such incidents and work to prevent occurrences in the

future.

6. This Policy outlines the responsibilities of MEP staff in protecting MEP files

and program information. This Policy also explains security measures to be

utilized by MEP staff to ensure that they mitigate the possibility of conflict or

a security risk.

PROVISIONS

Complex and Property Security

7. MEP staff are responsible for the security of any government property

assigned to them, and staff are responsible to return items to the DME prior to

leaving their employment.




Policy Title Policy

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Revised: 1 May 2018

8. Any damage or loss of equipment will be immediately reported to the DME in

writing.

9. Use of long distance lines for personal calls is prohibited.

10. If a MEP staff person believes that the security of MEP files or property may

be compromised, they must notify the DME and Manager who will notify the

DFLCS immediately. Further, the police will be contacted. Break-ins or thefts

will be reported to the DFLCS.

Critical Incident Reporting

11. Critical incidents must be documented and reported to ensure proper

responsiveness. It is also important that reporting is done in a timely manner

to ensure that incidents are documented accurately.

12. After a critical incident is diffused and all parties involved are safe and secure,

CIRs, Form 302 – Critical Incident Report Form, will be prepared by the

involved staff person(s), with the assistance of the DME as necessary. All

CIRs will be forwarded to the Manager and copied to the DFLCS to be

completed within one (1) business day of the occurrence.

13. If a critical incident is of a nature where the police have been involved, the

public may be impacted or if it has resulted in media involvement, the DFLCS

and Sheriff’s Office is to be notified immediately with the CIR to be prepared

following notification.

Types of Critical Incidents

Threats

14. Any time a threat is received, either verbal or written, the affected staff

member(s), with assistance from the DME as necessary, will prepare a CIR.

15. If a staff member receives a telephone threat, they will attempt to determine

the following, where practicable:

identity of the caller;

telephone number of caller as shown on “Caller ID”;

location of the caller;




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

who the intended victim is;

if the caller knows where the intended victim is located;

if the caller has a weapon;

where and when the threat is to be carried out; and

if there is a history of violence (review case notes on MEPS).

16. When a threat is received, staff will immediately notify the DME and

Manager who, depending on the seriousness of the threat itself and the

perception of the impacted staff as to the seriousness of the threat, may notify

Sheriff Services and the DFLCS.

17. The DME will take the following action(s) depending on the nature of the

threat and the party threatened:

The DME will discuss the incident with the staff member once the

immediate danger has passed.

The DME will advise the staff member of potential courses of action

(e.g. DME to contact person who made threat, the EO to contact the

police, etc.) and potential accommodations (e.g. changing the EO

assigned to the file).

18. Primary consideration will be given to the staff member’s safety and security

in determining the courses of action.

19. If the police are to be contacted:

The staff member or person and witnesses if any, who received or

were present during the threat, will contact the police directly.

The DME may follow up with the police and advise the police of the

names of the staff members (or all staff) threatened.

Affected staff members will report any further contact they have, with

the person who made the threat, to the police and to the DME

immediately.

All parties, including staff and the DME, will co-operate with the

police by providing any information to police that would assist them in

their investigation, subject to legal restrictions on access. If the police

challenge information disclosure, the Manager and DFLCS will be

notified.




Policy Title Policy

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Revised: 1 May 2018

Any further contact with the police will be reported to the DME

immediately. The DME will notify Sheriff Services and the Manager,

and the Manager will in turn notify the DFLCS that the police have

been contacted.

20. If the DME writes a letter to the person who made the threat, a copy of the

letter will be provided to the staff member who was threatened, and a copy

will be placed in the client’s file.

21. The DME will inform all MEP staff, in writing, of any threats made, and

provide instructions for how to deal with the person who made the threat if

that person comes to the Family Law Centre. Further, the Manager will

consult with the DFLCS and provide staff with notice of any changes in

security measures and contact restrictions with the client.

22. The DME will determine whether other persons in the building should be

informed of the situation. In determining this, the Manager will be consulted

and provided with updates.

23. The DME will discuss the incident with all staff members involved.

24. If the staff members involved do not agree as to the action(s) to be taken, the

final decision will rest with the DFLCS.

25. All debriefings should be reported to the Manager who will report the status

of the debrief to the DFLCS. Human Resources will also be notified by the

Manager.

Bomb Threat

26. If a staff member receives a call or message of any sort from someone

claiming that a bomb has been placed in the Family Law Centre, the staff

member will inform the DME, who will immediately:

notify the police and Sheriff Services;

evacuate staff using the fire drill procedure;

notify building management and ask them to alert other tenants and/or

Court staff; and

keep staff out of the building until police advise otherwise.




Policy Title Policy

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Revised: 1 May 2018

27. Staff member(s) and the DME will provide police with any information in

MEP’s possession, which may assist police in their investigation.

28. The DME (or the supervisor who handled the incident) will prepare a CIR.

Threat to a third party

29. If a staff member receives information that someone is threatening a third

party, the staff member will immediately inform the DME. The DME will

then notify the party who was subject to the threat, so that they can take the

necessary steps and precautions (e.g. contact the police, etc.).

30. At the request of the party who was the subject of the threat, the DME or staff

person may provide written information relating to the threat to both the party

subject to the threat and to the police.

31. The DME will advise staff of the action, if any, to be taken in relation to the

party making the threat.

32. If a person should be removed from the Family Law Centre or a staff person’s

office, staff will immediately contact Sheriff Services, and Sheriff Services

will make the determination whether to notify the police.

33. The DME will conduct a debrief with staff regarding the incident.

Personnel Security

34. MEP staff will avoid scheduling client appointments outside of regular office

hours. If a circumstance arises where staff must schedule a client appointment

outside of office hours, they will notify the DME, or the Manager in the

DME’s absence.

35. When an EO schedules an appointment with a client, they will contact the

Intake Officer who will schedule the client in the Family Law Centre’s Online

Meeting Calendar.

36. When a client arrives for their appointment with an EO, before letting the

client through security, the MEP Intake Officer will verify the appointment by

referring to the Family Law Centre’s Online Meeting Calendar.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

37. If the information on the Online Calendar matches, the Intake Officer will call

or email the EO who the client is meeting with to inform the EO of the client’s

arrival.

38. If a client arrives but their appointment is not recorded on the Online

Calendar, the Intake Officer will contact the EO with whom the client

purports to be meeting with in order to ensure that this meeting is taking

place.

39. Following the EO’s appointment with the client, MEP staff must inform the

Intake Officer when the client leaves their office.

40. Each EO is responsible to set up their office furniture in a way that ensures the

staff member is able to exit safely and quickly in the event of an emergency.

Staff must also ensure that their office furniture set up complies with the

Occupational Health and Safety Act, RSPEI C 0-1.101. If staff are unsure of

their office set up, they will contact the Occupational Health and Safety

Committee at the Family Law Centre for assistance.

Key and Door Codes

41. MEP staff are prohibited from loaning or trading keys, or sharing door codes,

with anyone other than other MEP and other Family Law Centre staff.

Security of Program Files

42. The DME shall inform all new MEP staff of MEP’s confidentiality policies

contained in Policy 401 – Communications General, Policy 402 –

Disclosure of Information to Clients and Policy 403 – Communication

with and Information Disclosure to Third Parties, and shall provide each

new staff member with an electronic and double-sided paper copy of the

Manual.

43. Staff is prohibited from using or accessing any information or electronic data

banks available to them through MEP for any purpose other than for

employment purposes.

44. Staff is prohibited from accessing any information or electronic data banks

available to them through MEP, if they are in a conflict or perceived conflict

of interest situation, see Policy 202 – Conflict of Interest.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

45. Staff is only permitted to access client files in the course of their assigned

employment duties.

46. The DME will ensure that staff members have access rights to MEPS only as

necessary to fulfill their position responsibilities.

47. All MEP staff must ensure that they lock their computer when they are away

from their desk, to prevent unauthorized access to MEPS. Staff must lock

their computer if a client or other persons are in MEP staff person's office or if

they otherwise leave their office for an extended period (e.g. lunch break).

48. MEP staff must follow the Government of PEI’s IT Security and Computer

Use Policy contained in the Human Resource Policy and Procedures Manual.

Accordingly, staff must not access non-secured websites while at work.

49. MEP staff must not share computer passwords.

50. MEP staff is prohibited from making unauthorized copies of any records that

are the property of the Province of Prince Edward Island. For example,

reproducing client’s financial information, correspondence or

orders/agreements when they are not authorized to do so.

51. All MEP staff will ensure that if they are working on a MEP file, they close

the file folder and place it in a secure area in their office so that other staff

members or clients cannot view personal or other confidential information

contained in the file folder.

52. Unless approved by the DME in writing, MEP staff are prohibited from

removing client files from the Family Law Centre, except when MEP staff or

MEP’s Legal counsel require the file for Court or in relation to an

investigation.

53. When MEP staff or MEP’s Legal counsel are authorized to remove a client

file from the Family Law Centre, they are responsible for the control and

security of the file while it is outside of the office.

54. If the DME or their designate are attending Court, they will take the entire

client file with them to Court.




Policy Title Policy

Number

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Revised: 1 May 2018

55. Staff will ensure that their office door is locked after hours and when they are

away from their office for an extended period of time.

Destruction of Paper

56. Maintenance Enforcement Program files are created under the authority of the

Act and the Interjurisdictional Support Orders Act, R.S.P.E.I. 1988, Cap. I-

4.2, to provide a record of all individuals who have enrolled with MEP for the

collection of payments and for the enforcement of the file if payments are in

arrears.

57. MEP staff is not authorized to destroy any MEP files under any

circumstances. Document retention and destruction is subject to MEP’s

Records Information Management Schedule with the Government of Prince

Edward Island.

58. If staff believe they have files which are subject to archiving or destruction,

staff will follow the process set out in the Government Records Management

Policy in consultation with the Divisional Records Manager.

59. All documents generated by an EO that are not part of a program file (i.e.

duplicates of documents, scrap paper, etc.) that contain any personal

information about Payors, Beneficiaries, or staff members, including names

and addresses, must be placed in a secure container for shredding and

recycling.

Critical Incident Reports

60. Affected staff member(s) involved will complete a CIR and submit this

Report to the DME.

61. A CIR must include the date and time of the incident and any other pertinent

information:

As the report may be forwarded to the Family Law Centre’s

Occupational Health and Safety Committee, identifying

information must not be included in the report.

The staff member who writes the report shall forward it to the

DME and the Manager and, in doing so, shall mark the report

"private and confidential". The Manager will forward the

Report to the DFLCS.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

Debriefing

62. As soon as possible after any critical incident occurs, the DME will facilitate a

debriefing session with affected staff (as determined by the DME), unless the

police advise otherwise.

63. At the debriefing, the DME will ensure that, to the extent possible, staff

receive accurate, consistent, balanced information regarding the incident, as

well as an opportunity to ask questions about the incident, the action(s) taken,

and the degree of risk, if any.

64. The DME will assist affected staff to put the incident and their involvement

into perspective. The DME shall provide staff with information to access the

Employee Assistance Program (EAP).

65. A copy of the debriefing report will be sent to the affected staff member to be

placed in their employee file.

66. Depending on the circumstances, the Manager may inform the DFLCS.


67. Civil Service Act Regulations, R.S.P.E.I. 1988, Cap. C-8

68. Interjurisdictional Support Orders Act, R.S.P.E.I. 1988, Cap. I-4.2

69. IT Security and Computer Use Policy

70. Occupational Health and Safety Act, R.S.P.E.I., Cap. 0-1.101





Form – 302 Critical Incident

Report Form

302 01 Nov 2017 1 of 1

Revised: 01 November 2017

MEP Incident Information

Name of Staff Member:

Incident Location:

MEP Case ID:

*Please do not include identifying information other than “Payor” or “Beneficiary”

Part 1: Description of Critical Incident by Staff Member

Date: Time: Location:

Details of Critical Incident:

Recommendations:

See attached for additional information ⃝

Date: Signature of Staff:

Referred to DME for: Information ⃝ Investigation ⃝

DME’s Report attached: Yes ⃝ No ⃝

Part 2: Regional Coordinator; Investigation, Interview(s) & Recommendations

Incident Location:

Date:

Time:

Details of Report:

See attached for additional information ⃝ Referred to Manager for action: ⃝

Signature:




Policy Title Policy

Number

Effective Date Page

External User Agreements 303 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. In order to facilitate and improve the functions of MEP, it is sometimes

necessary to allow other government departments and external users limited

access to MEPS. Agreements reached with external users must protect the

integrity of the MEPS and meet the requirements of the Act.

2. Agreements and access rights must be reviewed on a regular basis to ensure

they continue to meet the standards of the Act and MEP.

3. This Policy explains the process by which external users might be granted

access to MEPS, and MEP’s responsibility to review the access rights of

external users.

PROVISIONS

4. All external access to MEPS must be approved by the DFLCS. Ongoing

access by other government departments and other external users is subject to

the requirements of the Act, and may be subject to an Information Sharing

Agreement signed by appropriate external and departmental authorities.

Agreements will include specific details as to the information to which access

is provided, positions to which the information is available, and the necessity

of these positions having access to the information.

5. All Information Sharing Agreements will be reviewed by the Manager and

forwarded to the DFLCS for signing and authorization.

6. Copies of all Information Sharing Agreements will be kept in the DFLCS’s

office.

7. The Manager will review the status of external users annually. External users

must agree to confirm in writing, upon request from the DME, the currency of

active users in designated positions. All external users will be made aware of

the confidentiality requirements pursuant to the Freedom of Information and

Protection of Privacy Act, and the potential imposition of offence and penalty

pursuant to that Act.




Policy Title Policy

Number

Effective Date Page

External User Agreements 303 01-July-2018 2 of 2

Revised: 1 May 2018

8. By March 31st of each year, the Manager will forward to the DFLCS a report

outlining the number of Information Sharing Agreements currently in force by

MEP and the external employees who have been granted access to MEPS.

This will be forwarded to the DFLCS by the Manager.


9. Freedom of Information and Protection of Privacy Act, R.S.P.E.I. 1988, Cap.

F-10





Policy Title Policy

Number

Effective Date Page

Payment Processing 304 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP collects payment of funds required under an Order or Agreement into

MEP and disburses them to the Beneficiary. Proper and accurate handling of

funds and fees associated with MEP is imperative to public confidence in the

administration of MEP.

2. MEP works to ensure accuracy and confidence by adhering to generally

accepted accounting principles and best practice guidelines as set out by the

Department of Finance and Divisional policies and handbooks relating to

accounting and trust accounting practices.

3. By adhering to best practice timelines and procedures as set out in this Manual

and governmental resources, MEP ensures the timely and efficient

disbursement of support to Islanders.

4. This Policy explains the process in which payment processing and accounting

practices are undertaken by MEP. This Policy also explains to clients how

they can pay and receive support payments.

PROVISIONS

Method of Payment into MEP

5. All payment processing is completed through an automated system known as

MEPS. Payments received through MEP come from different payment

sources such as walk-in clients, mail, reciprocating jurisdictions, and

garnishees of income sources, (i.e., employers and provincial and federal

governments).

6. Clients of MEP are able to make payments using the following methods:

a. Online Banking,

b. Direct Payment to MEP (cash, debit, money order payments, cheques),

and

c. Pre-authorized banking agreements (for example payroll deductions).

7. An EO may use their discretion to accept payment in a form that is not

outlined in this Policy. If an EO exercises discretion to accept payment in a

form outside this Policy, they will indicate the reason for doing so in MEPS.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

Direct Debit Machine Payments

8. Clients are able to make payments using a debit terminal at the Family Law

Centre and the Summerside Court House.

9. Debit transactions are to be completed upon the arrival of the client at MEP,

subject to operational demands. A copy of the transaction receipt will be

provided to the client.

Online Payments

10. It is the Payor’s responsibility to set up online banking, if they wish to pay

support via MEP using online banking services.

Vendor Registration Form

11. All payments are processed at MEP and then sent to the Office of the

Comptroller for disbursement via direct deposit. The Beneficiary must

complete FORM 304 – Vendor Registration Form.

12. There are two different facets to the Vendor Registration Form:

a. the Beneficiary can be signed up for direct deposit (the Payor makes

the regular payments to MEP which are automatically deposited into

the Beneficiary’s account).

b. both parties sign up for direct debit and direct deposit. The direct debit

and direct deposit is the fastest and most efficient method of payment.

Funds transfer from the Payor’s account to the Beneficiary’s account

on the same day.

13. Regular payments wherein the payments are deposited directly into the

Beneficiary’s bank account are electronically transmitted each Wednesday

and deposited into the accounts each Thursday.

Consumer Price Index Adjustment (CPI)

14. Pre-May 1997, support orders required, that a yearly payment adjustment be

done in accordance to the increase or decrease of the Consumer Price Index

Adjustment (CPI) as reported by Statistics Canada for the previous twelve

(12) months.




Policy Title Policy

Number

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Revised: 1 May 2018

15. MEP calculates the adjustment using CPI figures from Statistics Canada.

Within two (2) business days after the calculations are complete, a letter will

be sent to the parties advising of the adjusted payment amount.

VENDOR REGISTRATION FORM (see reverse for instructions)

VENDOR #

VENDOR SITE


Freedom of Information and Protection of Privacy The personal information requested on this form is collected under the authority of section 31(c) of the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01, and will be used for the purpose of administering payments to the individuals or suppliers that are identified on this form. This use includes the sharing of this information within the Government of Prince Edward Island and its agencies to update and ensure the accuracy of information for administering payments. Questions on the collection and use of this information can be directed to the Accounts Payable Supervisor at (902) 368-4067.

SECTION A: STANDARD VENDOR INFORMATION (ALL FIELDS ARE REQUIRED IN SECTION A) VENDOR NAME: REGISTERED COMPANY OR BUSINESS NAME / FIRST NAME MIDDLE NAME(S) LAST NAME

EMPLOYEE NUMBER, OR DATE OF BIRTH, OR BUSINESS

PREVIOUS LAST NAMES

CURRENT MAILING ADDRESS: MAILING ADDRESS

CITY PROVINCE/STATE POSTAL CODE / ZIP CODE

PREVIOUS MAILING ADDRESS: MAILING ADDRESS

CITY PROVINCE/STATE POSTAL CODE / ZIP CODE

CONTACT INFORMATION: PHONE (INCLUDING AREA CODE) EMAIL ADDRESS CONTACT NAME (COMPANY/BUSINESS)

PAYMENT CURRENCY: CAD USD

SECTION B: ELECTRONIC PAYMENT SERVICE

Please attach a void cheque, correspondence from Financial Institution or have Financial Institution complete section below

BRANCH NUMBER

INSTITUTION NUMBER

BANK ACCOUNT NUMBER

BANK OFFICER’S SIGNATURE

NAME (PRINT)

SECTION C: CERTIFICATION TITLE

I, as the person named in this form in my own right, or as the representative of the company or

business named in this form entitled to receive payments from the Government of Prince Edward

Island, hereby authorize the Government of Prince Edward Island or its agencies to share the

information collected on this form with each other for the purposes of making a payment that is

due. If the payment method chosen is electronic payment then I, as the person named in this form

in my own right, or as the representative of the company or business named in this form entitled to

receive payments from the Government of Prince Edward Island, hereby authorize the Government

of Prince Edward Island or its agencies to electronically deposit those payments into the noted bank

account until further notice. If I am the representative of the company or business named in this

form, I have the authority to bind the company or business.

FINANCIAL INSTITUTION STAMP HERE

SECTION C: CERTIFICATION

AUTHORIZED SIGNATURE

DATE

SECTION D: DEPARTMENT USE ONLY BUSINESS UNIT: FIS X MEPS LMDA ISM ELSB FLSB

ADDRESS PURPOSE: PAYMENT SHIPPING VENDOR TYPE: NON-EMPLOYEE EMPLOYEE

REQUESTED BY PHONE NUMBER DATE

VENDOR REGISTRATION FORM

VENDOR NO.


These instructions are provided to assist vendors in completing the Vendor Registration Form required for any receipt of payments from the Government of Prince Edward Island and its agencies using Government’s financial accounting system. For the purposes of this form, a vendor is the person or business that receives, or may receive, a payment from the Government of Prince Edward Island or its’ agencies. The information requested on this form is collected to facilitate the processing of these payments. It is the responsibility of the vendor to notify the Government of Prince Edward Island or its agencies of any changes to the Vendor information by completing a new Vendor Registration Form. Send your completed form to the mailing address, email address or fax number provided below. Completed forms will be processed within 3 business days. Failure to fully complete the form will result in delays. Province of PEI Office of the Comptroller; Payment Processing 2nd Floor Shaw Building, 95 Rochford Street PO Box 2000 Charlottetown, PE C1A 7N8

Tel: (902) 368-4010

Fax: (902) 368-6661

Email: [email protected]

Please follow the instructions below to ensure that the Vendor Request Form is properly completed.

Section A: Standard Vendor Information

Vendor Name:

For an individual, please provide your full legal name including your middle name and all previous last names including married or maiden names. Middle and prior last names are used to potentially update Government’s current vendor records.

For a business, please provide your legal name and your operating name if different than your legal name.

Date of Birth, or Business or Employee Number:

If you are not an employee of the Government of Prince Edward Island or any of its agencies and you do not have a Business Number, then please provide your date of birth using the format DD-MON-YY. If you are an employee of the Government of Prince Edward Island or any of its agencies, you must provide your employee number.

Businesses must provide the 15 digit identifier provided by CRA. If you do not have a business number, please indicate ‘Not Applicable’ in the box.

Current Mailing Address: Please provide your complete mailing address.

Previous Mailing Address: Please provide as many previous mailing addresses as possible. We use previous mailing address information to potentially update Government’s current vendor records and to prevent duplication of your information.

Contact Information:

Please include as much contact information as possible. The Government of Prince Edward Island may need to contact you to confirm, verify or obtain additional information. Please provide an email address which will be used to send a list of invoices paid when a vendor is approved to receive payments electronically. If a valid email address is not provided, you will not receive a notification of an electronic payment.

Also, to assure that future notifications from this electronic service are not accidentally filtered out of your email, please add [email protected] to your address book or safe sender list.

Payment Currency: Please choose payment by CAD (Canadian dollars) or USD (American dollars). If you choose to be paid by USD, your banking information must be provided. Most vendors are paid in Canadian dollars.

Section B: Electronic Payment Service

The Government of Prince Edward Island has not made electronic payments mandatory but it is recommended that you use this cost effective service. Electronic payments are secure and reliable and there are daily payments made using this service.

Please have your financial institution complete this section of the form. Alternately, you can leave this section blank and attach a void cheque or correspondence from your financial institution with your banking information. All payments made by Government of Prince Edward Island and its agencies will be deposited to the noted bank account. You may only have one active bank account for electronic payments unless a specific and prior written request is made to the Office of the Comptroller.

If providing banking information, include your email address in the contact information. A list of invoices paid will be sent to this email address.

If this is USD banking, please provide your routing number in lieu of the branch and institution number.

Section C: Certification

This section must be read and signed by the vendor.

Section D: Department Use Only

This section is for the internal use of the Government of Prince Edward Island or one of its agencies only. If you are a vendor completing this form, please leave this area blank.

Business Unit: Please indicate which business unit from which this form originates. This would be done prior to sending the form to a vendor.

Address Purpose: Please indicate the reason of the address information that is provided on the form. It can be both. PAYMENT is the address where the payment is made or the Remit To Address. SHIPPING is the address where the goods or services are being purchased. For example, purchase orders may be directed to a warehouse location in one province but the payment is made to head office that is located in a different province.

Type of Vendor: Please indicate if the vendor is a non-employee regular or an employee of Government or one of its agencies. Employees of Government are approved differently so this information is important.

Requested by/Phone Number/Date:

Please provide this information so that we may be able to contact you for additional information or clarification.

mailto:[email protected]





Policy Title Policy

Number

Effective Date Page

Communications – General 401 01-July-2018 1 of 9

Revised: 1 May 2018

POLICY OBJECTIVE

1. Communication with Beneficiaries, Payors, RJs, other government

departments and offices, elected officials, non-government service providers,

employers, the general public, and the media is a vital and significant

component of MEP’s operations.

2. Timely and professional communication with clients and the public is

imperative to maintaining and building confidence in the administration of

MEP. Issues can often be prevented or quickly resolved through adequate,

respectful, and timely communication.

3. It is also important to balance the need for communication with the ultimate

priority of MEP staff to engage in enforcement activities to attempt collection

on non-compliant files to ensure the effective collection and disbursement of

support to Island families.

4. Inquiries to MEP staff asking for information that is already accessible to

Payors and Beneficiaries through electronic resources divert staff time and

resources away from enforcement activities.

5. This Policy will guide staff in managing and responding to telephone calls,

voicemail, and email correspondence and set out best-practice standards to

ensure timely and effective communication.

6. Further, this Policy will set out the expectations and standards of MEP for

communications with the public.

PROVISIONS

Confidentiality

7. Before staff will respond to inquiries about a specific case, they must verify

that the individual is a party to the Order or Agreement enrolled with MEP.

The person inquiring must first provide the staff person with the proper case

number and personal identification number (PIN); see exception at section 32

and 33 of this Policy.




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8. Staff will ensure, when discussing a case with anyone not directly involved

with MEP such as advocacy groups, court officers, or elected officials, that

the confidentiality of all information is respected.

9. For more information, see Policy 402 - Disclosure of Information to Clients,

and Policy 403 - Communication with and Information Disclosure to

Third Parties

Communication Responsibilities

10. It is not MEP staff’s responsibility to obtain copies of Orders/Agreements for

clients or to provide copies of client income information. Clients may be

instructed to contact the Canada Revenue Agency or the Court should they

require copies of their financial information or Orders/Agreements for

purposes unrelated to MEP.

11. All MEP staff will answer incoming calls to their office phones, respond to

inquiries, take information, and resolve problems. Whenever possible,

telephone calls are to be dealt with by the staff member who receives them or

by the EO assigned to the file if the request is file specific.

12. Clients registered with MEP should be aware of services available to them

that do not necessarily require speaking with an EO, including the MEP online

service and IVR. Clients should be encouraged to use these services wherever

possible.

Mutual Respect Policy

13. All communications with MEP staff are to be in accordance with the

Province’s Mutual Respect Policy. This Policy reflects the need for mutual

respect, courteous communication, and a professional working environment.

If voices are raised or profanity is used, staff will end the conversation.

14. In the event staff deals with abusive behavior in person, on the phone or via

email, they will document the behavior (including verbatim documenting of

language) in the MEP Contact Log.




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Efficiency in Communications

15. EOs need to spend as much time as possible enforcing files. Much of the

information requests that come into MEP relate to information that is

available to participants via electronic resources such as the MEP Online

Service and/or the IVR system.

16. Clients will be provided with information about MEP’s online service and

IVR in a “Welcome Package” when they register with MEP.

17. If staff notes that clients call or email EOs when their inquiries could be

answered using MEP’s online service or the IVR, staff will refer that client to

the MEP online service and/or IVR for assistance.

18. MEP staff may decline to take inquiries by phone from clients that repeatedly

ask for information that is available through an electronic service. If a client

has been limited to written or email communication on that basis, they will be

advised that MEP staff will not respond to inquiries for information that is

already accessible to them.

19. All non-urgent communications from clients are to be responded to within

four (4) business days. MEP staff will forward communications that impact

another government office to the appropriate office within two (2) business

days of MEP’s receipt of the communication.

MEPS Contact Log

20. MEP staff deal with high-volume caseloads and have multiple daily and

ongoing interaction and communication with both clients and the public. In

order to assist in responsiveness to concerns and to ensure MEP staff are best

positioned to respond and recollect interactions, all contact relating to MEP

files or inquiries about MEP will be documented in the appropriate MEPS

Contact Log.

21. MEP staff should document contact immediately either directly in MEPS or

on a paper Contact Log.

22. If staff are entering contact directly in MEPS and operational demands

prevent immediate logging, staff should enter the contact no later than one (1)

business day after the contact with the client in order to ensure accuracy.




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23. In the event that staff are not inputting contact directly in MEPS, paper logs

should be transferred into MEPS no later than three (3) business days

following the contact with the client.

Telephone Calls

Initial Telephone Contact with MEP

24. The Intake Officer serves as the first point of telephone contact for new clients

(i.e., clients who have not yet been assigned an EO) inquiring about MEP.

25. When the Intake Officer determines whether a client is already registered with

MEP, the Intake Officer will also determine the nature of the call and should

encourage the client to use the MEP Online Service and/or IVR, wherever

possible.

26. If the Intake Officer is unable to answer the initial inquiry, or if the

information needed is not available on the IVR or Online Service, the Intake

Officer will transfer the caller to the EO assigned to their case. The Intake

Officer determines who the appropriate EO is by reviewing MEPS, which lists

who the EO is for each file.

27. The Intake Officer will document all incoming calls in MEPS. This log must

include the following details: the caller’s name, the date, and how the call was

answered or directed.

28. If the client is already registered with MEP, this information will be recorded

in the MEPS Contact Log. If the client is not registered with MEP, the Intake

Officer will record this information on a “cold call” database on MEPS.

Payment Inquiry

29. For payment inquiries, if the information is available on the IVR and/or MEP

Online Service, ask the client to retrieve their PIN and use either resource to

obtain the payment history on their file, rather than referring the client to their

EO.

30. If the information is not available on the IVR or the MEP Online Service (i.e.

if the client is inquiring about collecting money from a payment order or

FOAEA interception, or if the client is making other non-general inquiries),




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the Intake Officer will determine if the client is the Payor or the Beneficiary

and refer them to the appropriate EO for a status update.

31. If the client is inquiring generally about what enforcement actions are

available, the Intake Officer can refer them to Policy 701 - Enforcement

Activity Continuum.

Payor and Beneficiary Without PIN and Case Numbers

32. If a Payor or Beneficiary calls and states they do not know their case number

and PIN, MEP staff will require the individual to attend the MEP Office (or

the Court in their jurisdiction) with photo identification to verify their identity

and protect the confidentiality of information.

33. MEP may also resend a client’s PIN and Case Number to the address on file

for the client.

Third Parties

34. Staff will not discuss details of a client file with anyone who is not a party to

the case, including the spouse of a party, unless that person is specifically

authorized in writing by the Payor or Beneficiary or as otherwise allowed by

this Policy. Any such written authorization will be placed in the client’s file,

see FORM 401 – Third Party Authorization Form.

35. It is never appropriate to attempt to resolve complex issues or make decisions

on a file with anyone other than the Payor or Beneficiary (or their lawful

agent).

36. Without specific written authorization from the Payor or Beneficiary, MEP

staff will neither confirm nor deny to a third party that a Beneficiary or Payor

is registered with MEP.

Legal Counsel

37. Legal Counsel for the Payor or Beneficiary is a legal agent and has the same

right to information as the Payor or Beneficiary.

38. MEP may provide information to either party’s Legal Counsel, provided

Legal Counsel has confirmed that they are retained by the Payor or the




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Beneficiary. Legal Counsel may also provide Court documents which confirm

their involvement.

39. MEP will accept scanned and emailed copies of confirmation documents from

Legal Counsel.

Best Practice Timelines – Communication Responses

40. MEP staff will respond to telephone messages and call back requests or email

communications based on the following timelines:

i. Regular Message – four (4) Business Days

ii. Urgent (Priority) Message – two (2) Business Days

41. Operational demands may result in unavoidable delays in response times. In

the event that MEP staff is unable to provide a substantive response to an

inquiry, the individual should be contacted to have their communication

acknowledged and advised of when they can expect a response.

Expectations of Staff Communication Monitoring

42. MEP staff are employed in positions that are client facing and focused on

client service. Communication is ineffective if staff is not adequately

monitoring communication devices. Staff is expected to check both their

emails and voicemails not less than once (1) daily.

43. Staff members must make at least two (2) attempts to return a call. If MEP

staff is not able to reach a client directly by phone or leave a voicemail, a

message must be forwarded by email or mail (if MEP has the client’s email

and/or mailing address) and logged in the Contact Log section of MEPS.

44. If an email is received that impacts another EO, government office, or a third

party, the receiving EO must forward the email to the appropriate EO or office

within two (2) business days of receiving it, subject to legal restrictions or

confidentiality requirements.

45. If an employee is going to be absent from the office or is unexpectedly absent,

it is important to ensure that individuals attempting to communicate with the

absent staff person are aware. If individuals are unaware of the absence, non-

responsiveness may be interpreted as neglect and client satisfaction is

impacted.




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46. Employees are expected to log in and change outgoing voicemails to reflect

their absence and direct individuals to contact the Intake Officer to be re-

directed, and they must coordinate with the DME to have their voicemail

changed should be unexpectedly absent from work.

47. Employees are also expected to put an out of office reply on emails during all

periods of absence, to advise of the absence, and to re-direct contact to the

Intake Officer.

Mail Processing

48. Given the use of mail services to provide much of the paper documentation -

including Orders, Agreements, etc., that MEP relies on, the effective

enrollment, monitoring, and enforcement of Orders and Agreements is

dependent on the reliability and promptness of mail processing.

49. All incoming and outgoing mail shall be processed in an organized and

efficient manner that preserves confidentiality.

50. All incoming mail, received via the postal service or dropped off personally,

must be date-stamped and distributed within two (2) business days.

51. If mail impacts another office at the Family Law Centre, the staff member

responsible for the case will forward that mail within two (2) business days of

receiving it to the appropriate staff member of the other office.

Payment Processing

52. Incoming and outgoing support payments are the highest priority for

processing within MEP.

Mail Review

53. Mail from clients should be reviewed by the EO assigned to the file.

54. If the assigned EO is absent, the Intake Officer will read the mail and identify

urgent matters.




Policy Title Policy

Number

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Personal or Confidential

55. Incoming mail marked 'personal' or 'confidential' will be date stamped on the

envelope, left unopened, and distributed to the appropriate address or person.

Covering staff will use their discretion for the purpose of determining whether

the personal material is related to a MEP file and whether the mail should be

reviewed.

Registered Mail

56. Communications with MEP can be received through routes other than Canada

Post.

57. Staff is not to accept "collect" courier mail except as approved by the DME or

Manager.

Faxes

58. Staff members will regularly (at least twice (2) per day) check and clear the

fax machine incoming basket, verifying that the fax clearly indicates the date

and time the fax was received. The fax will be delivered to the mail slot of

intended recipient. Faxes that come in after hours should be date stamped to

reflect the date received by staff.

Expectations of Client/Public Communication

59. Individuals are expected to interact with MEP staff in a courteous and

respectful manner.

60. In order to ensure the ability of MEP staff to respond to inquiries, individuals

are expected to leave voicemails that allow staff to be aware of the contact

attempt with up-to-date contact information.

61. Clients should include the following information when they are leaving a

voicemail with MEP in order to ensure that MEP can promptly look into the

client’s inquiry:

a. Name;

b. Telephone Number/Email;

c. Date and Time Phone Call Made; and

d. Case/File Number.




Policy Title Policy

Number

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62. Individuals are expected to be respectful of the operational realities of MEP

and best practice timelines for responses from MEP staff. Persistent calls and

attempts at contact that are inconsiderate of the required response time as

outlined in this Policy actually delay the ability of staff to conduct

enforcement activities and respond to inquiries in a timely fashion. Patience

and respect should be a priority of all interactions.

In-Person Meetings with EOs and MEP Staff

63. Requests for meetings shall be dealt with based on the response timelines for

communication. In the event that a meeting is required between a client and

an EO or MEP staff, the appointment should be set within five (5) business

days of the request.

64. EOs and MEP staff is unable to facilitate immediate appointments based on

drop-in requests. Meetings are scheduled based on EO availability and

priority will not be given to individuals who attempt to circumvent response

times by dropping in to try and get priority. EOs will use their discretion

when determining whether exceptional circumstances warrant seeing a drop in

client.


65. Family Orders and Agreements Enforcement Assistance Act, RSC 1985, c. 4

(2nd Supp)


F-15.01





FORM 401 – Authority to Obtain

and/or Release Confidential

Information

401 01 Nov 2017 1 of 1

I, __________________________, of ___________________, Prince Edward Island, hereby

authorize the following offices of the Family Law Centre in Department of Justice and Public

Safety of Prince Edward Island, namely the:

Child Support Guidelines Office; and/or

Maintenance Enforcement Program; and/or

Administrative Recalculation Office; and/or

Other (Please Specify) __________________________________

to collect, disclose and share information with respect to my file with the other above-indicated

office(s) as necessary for each office to carry out its duties, and for that purpose only. This

information may include all contact information, financial information, or otherwise that each

program may require to review and assist in the application for, enforcement of, and/or

recalculation of, child support, including but not limited to telephone numbers, email addresses,

civic and mailing addresses, income tax returns, notices of assessment or notices of

reassessment, employer information and any personal information required.

I understand that this consent shall remain valid until I revoke my consent in writing, which I

may do at any time.

Dated this _____ day of _____________, 2017.

________________________ _________________________

Witness Signature

Personal information is collected under section 31(c) of the Freedom of Information and Protection of Privacy Act R.S.P.E.I.

1988, c. F-15.01 as it relates directly to and is necessary for the Child Support Guidelines Office, the Maintenance Enforcement

Program, and/or the Administrative Recalculation Office to assist you in the application for, enforcement of, and/or recalculation

of child support for that purpose only. If you have any questions you may contact the Manager of the Family Law Section, at the

Honourable C.R. McQuaid Family Law Centre, 1 Harbourside Access Road, PO Box 2000, Charlottetown, PE C1A 7N8,

telephone 902-368-6940.




Policy Title Policy

Number

Effective Date Page

Disclosure of Information to Clients 402 01-July-2018 1 of 4

Revised: 1 May 2018

POLICY OBJECTIVE

1. The disclosure of information by MEP is restricted by provincial and federal

legislation. The protection of the integrity of personal information and legal

compliance is the utmost priority of MEP.

2. From time to time, clients of MEP who are trying to determine if their cases

have been properly handled may make requests for the disclosure of

information relating to MEP files.

3. MEP does not represent either the Payor or the Beneficiary and has

obligations at law to protect the privacy of information for both clients

equally. Consistent, fair, and transparent application of policies relating to the

disclosure of information to clients ensures a level of understanding that

improves client satisfaction.

4. While the prohibition against the disclosure of information cannot be used to

limit the provision of relevant information to clients, all staff and clients must

be aware of the limitations on disclosure to ensure public confidence in the


5. This Policy sets out expectations and best practice guidelines for the

disclosure of information to clients by MEP staff.

PROVISIONS

Legal Obligation to Report Harm or Abuse

6. MEP is required to comply with legal disclosure obligations, including

appropriate child protection or other relevant authorities if staff reasonably

suspect that (a) child(ren) may be in danger of harm or abuse.

7. Staff is obliged to notify the proper authorities if they have a reasonable

suspicion a client may harm himself or herself or the other parent or a third

party.

8. Before disclosing any information, staff will consult with the DME.

9. Any disclosure under this Policy will be done in compliance with reporting

procedure and timelines under Policy 302 - Security.




Policy Title Policy

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Revised: 1 May 2018

Information that is available to a client at all times

10. The following are examples of information that is available to a client at all

times:

a. The client’s MEP file number and PIN;

b. Written correspondence on file from the client requesting the

information;

c. Details of conversations with the client requesting the information;

d. Client’s Record of Payment;

e. Type of Enforcement actions taken;

f. Specifics of enforcement actions taken (Payor only);

g. Repayment arrangements (broad information);

h. Specifics of repayment arrangements (Payor only);

i. Reason(s) not to take enforcement action (in broad terms);

j. Specifics of reasons why not to take enforcement action (Payor only);

k. Payor’s ledger (if Payor is the client requesting the information, the

Beneficiary is not permitted to know the source of the Payor’s

payment);

l. Reasons why enforcement action was taken (Payor only);

m. Child status information (broadly); and

n. Specifics of child location information from Child Status Form

(Beneficiary only if Payor does not have custody).

Information that is Legally Restricted

11. The following are examples of information that MEP cannot disclose:

a. Information and documents subject to solicitor-client privilege or any

other privileged or statutory confidentiality (e.g. information received

by MEP under the Family Orders and Agreements Enforcement

Assistance Act);

b. Information pertaining to persons other than the complainant;

c. Advice to the Minister or their delegates;

d. Information that may affect MEP’s relationship with the federal

government, municipal bodies, community agencies, RCMP;

e. Information that could deprive a person to a fair trial or impartial

adjudication;




Policy Title Policy

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f. An order for production or disclosure of documents;

g. Information that may affect or threaten someone’s health and safety,

including information related to a court matter if disclosure could

reasonably result in harm to the person;

h. Personal information supplied by the other party to MEP in

confidence; and

i. Information that could damage someone’s reputation, if not directly

related to enforcement action.

Disclosures Not Explicitly Approved Under Policy

12. If an EO receives a disclosure request, and the disclosure is not explicitly

approved under this Policy, staff will inform the client that MEP has

restrictions on the type of information it can disclose, as such, MEP needs to

be sure that the type of information the client is requesting does not

contravene any legislation or case law on what MEP is permitted to disclose.

13. The EO will consult with the DME to determine what information, if any,

may be disclosed. Information may only be disclosed “for the purpose of

[the] Act or enforcing a maintenance order”.

14. The DME will provide the client requesting information with written reasons

for a denial of any disclosure request and place a copy of the reasons on the

MEP file and on MEPS. Reasons for approving the request will also be

placed on the MEP file and on MEPS.

Disclosure of information within Family Law Section Offices

15. Disclosing information to the Administrative Recalculation Office or the

Child Support Guidelines Office for the purposes of adjusting support falls

under s.6(5) of the Act, as having up-to-date support orders is crucial for the

enforcement of the appropriate amount of support by MEP. Information will

only be disclosed in compliance with the MEA.

16. MEP ordinarily discloses information directly to a client’s lawyer with written

confirmation from the lawyer that they represent the client, for more

information see Policy 401 – Communications - General.

17. Where a Power of Attorney document is signed and on file, consultation with

the DME is required prior to disclosing information.




Policy Title Policy

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Recording Conversations

18. MEP does not permit clients to audio record telephone or in-person

conversations with staff in order to protect the personal information of both

parties enrolled with MEP. If a client indicates that they are or will be

recording a conversation with MEP staff, staff will work with the client and

inquire why the client wants to record the conversation. The EO will try and

resolve the issue, with consideration to Policy 404 - Complaints Handling.

19. If the client insists that they will record the conversation, staff may terminate

the call or an in person conversation with the client and ask them to send their

concerns in writing.

20. The staff member will place a note in the Contact Log on MEPS indicating

that the client stated the conversation was or would be recorded and when

staff were informed (i.e., at the beginning or end of the call). Staff will note

any attempts to resolve the issue with the client, and reference that the EO or

DME informed the client that this is not permitted.

AUTHORITIES AND REFRENCES

21. Family Orders and Agreements Enforcement Assistance Act, RSC 1985, c. 4

(2nd Supp)


F-15.01





Policy Title Policy

Number

Effective Date Page

Communication with and

Information Disclosure to

Third Parties

403 01-July-2018 1 of 5

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP’s main priority is to maximize support collected and disbursed under

Orders and Agreements in a timely and respectful manner. Often there are

other agencies and departments that provide assistance and resources to both

Beneficiaries and Payors (i.e., Income Support, groups with payments that can

be assigned to MEP, CLIA, etc.).

2. While these agencies and departments are resources for clients of MEP, MEP

has an obligation to protect the privacy of clients and comply with governing

legislation.

3. This Policy sets out guidelines for the disclosure of information to third

parties to ensure efficient processing of information requests and compliance

with privacy obligations.

PROVISIONS

Scope of Disclosure

4. In the event a consent to disclosure is received in accordance with this Policy,

MEP staff at all times is only able to release information available to the party

who signed the consent form (i.e., Payor or Beneficiary, as the case may be).

Calls from representatives of an agency or department

5. A call from someone who identifies themselves as a service provider calling

on behalf of a MEP client will be advised that the MEP requires written

consent from the Beneficiary or Payor to discuss the case with that particular

service provider, see FORM 401 – Third Party Authorization Form.

6. If MEP receives written consent, the call will then be dealt with by the EO

assigned to the file.

7. To avoid unnecessary and duplicative administrative demands on MEP staff

that divert from enforcement activities and MEP priorities, MEP will not send

copies of correspondence or documents that have already been provided to the




Policy Title Policy

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Third Parties

403 01-July-2018 2 of 5

Revised: 1 May 2018

client or that are accessible through other means to service providers. This

information may only be sent to the Payor or Beneficiary.

Reciprocating Jurisdiction (RJ)

8. An EO may give payment information and enforcement status over the phone

to a caller who identifies themselves as a staff person with a Court or

enforcement program in a RJ when:

the case is coded on MEPS as ISO-IN or ISO-OUT, and

the caller provides either the PEI ISO Number or the RJ Case Number.

9. If a general update is requested by a RJ, the enrollment status, a Statement of

Account, and an enforcement status report will be sent by the EO and

documented on the MEPS Contact Log.

10. All provinces and territories have proclaimed Interjurisdictional Support

legislation that allows RJs to share information with one another for the

purposes of enforcing an Order or Agreement.

Department of Family and Human Services

11. A special relationship exists between Income Support and MEP. When a

Beneficiary receiving support has assigned their support rights to Income

Support, the Department of Family and Human Services is entitled to the

same information as the Beneficiary. This may be a condition of Family and

Human Services when someone applies for financial assistance.

12. Confidentiality provisions remain in effect relating to the Payor’s information.

If information is requested and the EO is uncertain whether it should be

provided, the DME should be consulted.

13. As part of an AOB, clients are required to sign a consent to release

information to Income Support by MEP. A copy of that consent must be

received by MEP prior to providing any information to Income Support staff.




Policy Title Policy

Number

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Third Parties

403 01-July-2018 3 of 5

Revised: 1 May 2018

Elected Officials/Staff of Elected Officials

14. All communication between MEP staff and elected officials should be at the

request of the Minister or Deputy Minister,

15. In the event that MEP staff is contacted directly by a MLA, they should be

referred to the office of the Deputy Minister, and the DFLCS will be advised.

16. If MEP Staff are responding to an information request by a MLA referred to the

office by the Deputy Minister or Minister, and the MLA is requesting information

specific to a particular MEP file, the MLA must provide a written consent form

signed by the client. Upon receipt of the form, MEP staff can only disclose

information in compliance with section 4 of this Policy.

17. MEP staff must verify that they are speaking to a MLA or their delegate (with

consent) before providing any information to her/him.

18. Staff must place confirmation, in writing, in the client file, and on MEPS that they

have spoken to an elected official for the purposes of responding to an inquiry.

Employer of Payor when Payment Order in Effect

19. The employer of the Payor plays an important role in ensuring timely payments

can be made to Beneficiaries. It is important that employers understand their

legal obligations when a payment order has been issued to them.

20. MEP staff may only release the following information to the Payor’s employer:

a) amount of the support obligation;

b) timing of payments to be garnished to pay the support;

c) any amendments or the termination of the Order which impact the

payment order;

d) payment options for the employer to forward funds to MEP;

e) confirmation that a payment was received; and

f) fines with non-compliance with the payment order.




Policy Title Policy

Number

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Third Parties

403 01-July-2018 4 of 5

Revised: 1 May 2018

21. The employer is not entitled to any:

a) personal information about the Payor and Beneficiary; or

b) case information except for what is necessary for the garnishee (employer)

to comply with the payment order, as referenced in paragraph 20 of this

Policy.

22. Telephone calls from an employer often relate to the timely provision of support

and are to be treated as an urgent priority call under Policy 401 –

Communications – General.

The General Public or Advocacy Groups

23. MEP staff will provide general program information in response to requests from

the public/community organizations/advocacy groups. MEP staff can also advise

these callers that the MEP website is a valuable resource for general program

information.

24. If the caller is a member of a community organization or advocacy group with a

case-specific request, the MEP staff member will advise the caller that case-

specific information will not be provided without the written consent of the

Beneficiary or Payor.

The Media

25. All media inquires will be forwarded to the Justice and Public Safety

Communications Officer by the Manager or DFLCS

26. The Manager is the main point of contact for MEP by the media. MEP staff is not

authorized to communicate with members of the media and will not comment on

MEP’s roles and responsibilities or particular MEP files.

27. The Manager will inform the DFLCS of all requests by the media for MEP

information.




Policy Title Policy

Number

Effective Date Page



Third Parties

403 01-July-2018 5 of 5

Revised: 1 May 2018


28. Freedom of Information and Protection of Privacy Act, R.S.P.E.I 1988, Cap. F-

15.01





Policy Title Policy

Number

Effective Date Page

Complaints Handling 404 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. Timely, respectful, and consistent treatment of clients is important to public

confidence in the administration of MEP and in the effective and efficient


2. MEP staff deal with emotionally charged matters that can be challenging. MEP

encourages clients to attempt to resolve their issues with the EO assigned to their

file.

3. From time to time, clients may have concerns about the handling of files and

treatment by MEP staff that cannot be resolved with the individual staff person.

4. Complaints must be responded to promptly and in a manner that encourages

accountability and responsiveness by MEP staff and clients.

5. This Policy aims to provide a consistent and transparent means of responding to

complaints that protects the privacy interests of clients and the legal integrity of

MEP, while maintaining transparency, accountability, and public confidence.

PROVISIONS

6. Often, complaints raised by clients can be resolved directly by the EO assigned to

the file. If a client has concerns, they are encouraged to speak to the EO

responsible for the client’s file. All interactions will be documented in MEPS.

7. If the client’s concerns are complicated, they should be encouraged to explain

their complaint in writing (either via email or in a letter) to ensure their concerns

are clearly laid out. The EO will work in a respectful and professional matter to

resolve the complaint, adhering to the communication timelines set out in Policy

401 – Communications - General.

8. If the client is not satisfied with the response and wishes to file a formal

complaint with the DME, to ensure clarity and understanding, the client must

complete Form 404 – Complaint Form and forward the Form via email or a

letter which specifies:

a. The nature of their concerns and what precipitated them;

b. The specifics of their concerns (i.e., dates, times, circumstances, amounts);

c. What, if any, resolution attempts were made or requested; and




Policy Title Policy

Number

Effective Date Page

Complaints Handling 404 01-July-2018 2 of 2

Revised: 1 May 2018

d. Any other information that is necessary for a full determination by the

DME of the complaint.

9. The DME will respond to all complaints within ten (10) business days of

receiving the Complaint Form. In the event the DME is unable to fully respond in

that timeline, the complainant will be contacted and advised of the delay within

the ten (10) day timeline.

10. In consideration of complaints, clients must be mindful of the fact that they may

not always agree with the enforcement action taken on their file, whether they are

a Payor or Beneficiary. EOs make decisions on a file based on the individual

circumstances of the file and in accordance with the Act.

11. The DME will use their discretion to escalate a complaint to the Manager and or

DFLCS if necessary.





FORM 404 – RESOLUTION

REQUEST FORM

404 01 Nov 2017 1 of 1


CASE NUMBER: _______________________________________

DATE: _______________________________________

REQUESTOR: __________________________________________________ (Full Name)

_________________________________________________(Address)

_________________________________________(City, Province, Postal Code)

PHONE NUMBERS: (Home)____________ (Cell)____________ Work______________

DATE AND TIME OF CONCERN: ________________________________________

EMPLOYEE NAME (IF KNOWN): _____________________________________________

ACTION REQUESTED: _____________________________________

DETAILS OF CONCERN: ________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

WHAT RESOLUTION ATTEMPTS WERE MADE OR REQUESTED:

____________________________________________________________________________

____________________________________________________________________________

_______________________________________________________________

RECEIVED BY: _______________________________ DATE: _____________________




Policy Title Policy

Number

Effective Date Page

Enrollment - Overview 501 01-July-2018 1 of 5

Revised: 1 May 2018

POLICY OBJECTIVE

1. Participants can enroll in MEP at the request of a client or by Order of the Court.

Timely receipt and processing of enrollment information is critical to ensure

timely support payments and, if necessary, timely enforcement action.

2. Without enrollment information that permits MEP staff to take action on a file

(i.e., contact information for the parties, vendor registration forms, etc.), MEP is

unable to commence collection and enforcement on Orders or Agreements.

3. The Act requires certain information be provided to the DME to enroll Orders.

This requirement assists in ensuring appropriate information is contained in

Orders, which in turn ensures the timely and efficient enforcement of Orders for

Island families.

4. While these Orders are ultimately written and signed by a Judge, an Order is

effective immediately upon the Judge orally delivering the Order in Court (unless

the Order provides an effective date at a later time).

5. It is important that a delay in the drafting of written Orders by counsel or clients

does not result in delays in compliance with an Order.

6. This Policy sets out timelines and obligations for providing relevant information

to MEP in order to enroll Orders and also timelines for the processing of that

information by MEP staff.

7. This Policy sets out guidelines for MEP staff in processing Orders that have not

been provided in writing.

PROVISIONS

8. All Orders, Agreements, and Registration Forms will be date stamped upon

receipt.

9. Clients of MEP are expected to complete the Registration Form within ten (10)

business days of receiving it.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

Voluntary Enrollment

10. If a party to an Order or Agreement is requesting enrollment in MEP, and the

Order or Agreement is accepted under Policy 502 - Determining Eligibility, the

parties will be provided with a Registration Form that contains necessary

documents that must be completed to begin enforcement. This documentation will

be forwarded to the parties within two (2) business days of the eligibility

determination for registering the Order or Agreement.

11. In the event that the Order or Agreement is complex and may result in delays in

the determination of eligibility, the requesting party will be notified by MEP staff

of the delay within the two (2) business day timeline.

12. MEP staff will process Registration Forms within ten (10) business days of

receiving the completed package.

13. In the event that there is one party initiating the enrollment, and they are unable to

provide accurate contact information for the other party to the Order or

Agreement, MEP staff will begin tracing the other party to determine contact

information within ten (10) business days of receipt of the Registration Form

which notifies MEP staff of the fact the contact information is unknown.

Court Ordered Enrollment

Where Signed Order is Provided Immediately

14. Following the provision of a copy of the signed Order accompanied by a

completed FORM 501 – Court Registration Form, a determination of the

eligibility of the Order must be made.

15. If an Order is received without a completed Court Registration Form, the DME

will advise the Court, in writing, that the information required to register the

Order per s.3(1) of the Act is missing.

16. Within two (2) business days of the determination of the eligibility of the Order

under Policy 502 - Determining Eligibility, MEP will provide Enrollment

Packages to the parties.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

17. MEP staff will process completed Enrollment Packages within ten (10) business

days of receiving the completed package.

18. If at any time, MEP receives an Order mandating the parties to enroll with MEP

and neither party will respond to complete Enrollment Packages provided by

MEP in the above noted timeframes, MEP will enroll the Order and take steps to

begin enforcement. MEP will also notify the presiding Judge within five (5)

business days that they have an Order where neither party is responding to MEP,

and that MEP may decline to enroll the file pursuant to section 2.1 of the Act.

Where Written Order has not Been Drafted

19. When MEP receives notice from the Court or a client where MEP is ordered to

administer support disbursement but the written Order has not yet been signed,

MEP will request a transcript of the Judge’s Order to be delivered from the Court

within twenty (20) business days of being notified of the issuance of a new

decision. Notification of the Order must be accompanied by the completed Court

Registration Form.

20. If an Order is received without a completed Court Registration Form, the DME

will advise the Court, in writing, that the information required to register the

Order per s.3(1) of the Act is missing.

21. Upon receipt of the transcript, MEP will monitor the file for the receipt of the

written Order. In the event the Order is not received, MEP will contact the Court

and/or the parties or their counsel, ninety (90) days after receiving the transcript to

determine the status of the written Order.

22. The eligibility assessment under Policy 502 - Determining Eligibility shall be

undertaken on the basis of the transcript. Within two (2) business days of the

determination of the eligibility of the Order under Policy 502 - Determining

Eligibility, MEP will provide Enrollment Packages to the parties.

23. MEP staff will process the Enrollment Package Forms within ten (10) business

days of receiving the completed package.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

Orders Enrolled from Reciprocal Jurisdictions (RJs)

24. Orders made in other jurisdictions that need to be transferred to PEI because a

Payor subject to the Order has moved to the jurisdiction are processed by MEP.

25. Clients moving into the jurisdiction results in the necessity for file information

(which includes accounting ledgers, arrears balances, enforcement history, etc.) to

be transferred to the ISO Office in MEP. This transfer can take time because of

geographical realities within the Country.

26. If current contact information for the parties is included with the Order, the

Registration Form will be provided within two (2) business days. More

documentation is required to enroll Orders from RJs.

27. MEP will coordinate with the RJ to locate the parties, if contact information is not

available. However, PEI MEP does not control enforcement activities in a RJ.

28. The following documents must be included in a file that the EO receives from the

RJ, as is outlined in the Interjurisdictional Support Orders Act, R.S.P.E.I. 1988,

Cap. I-4.2:

a. Three (3) certified copies of the court Order or Agreement filed with RJs

(if it is an agreement, it must be filed with a court in a RJ);

b. One (1) Transmittal Form;

c. One (1) Affidavit to be notarized by a Notary Public; and

d. One (1) copy of the MEP Statement of Arrears.

29. MEP staff will process Registration Forms within ten (10) business days of

receiving the completed package.

Initial Payor Administrative Obligations

30. Upon an Order or Agreement being enrolled with MEP, the Payor has the option

to discuss with MEP a payment schedule for making payments on the Order or

Agreement.

31. It is the responsibility of Payors to make the proper accounting arrangements with

MEP to ensure that their support payments are received in a timely manner.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

32. Payors may be paid on a bi-weekly basis (or another schedule), and may request

that their support payments be withdrawn from their account at a certain time of

the month.

33. MEP will allow the Payor to pay their support payments based on their pay

schedule, with consideration to when a payment is in default; see Policy 701 –

Enforcement Activity Continuum. The Payor has one month from the date their

obligation is due, to pay their support amount in full. If the Payor fails to make

the full payment one (1) month after the payment becomes due, the Payor will be

in default of their Order or Agreement.




Maintenance Enforcement Program

Filing Information Form

FORM 702A

All fields marked with an * are required to be completed to enroll the file. Completion of this form with the requested information may assist the program when enforcement is necessary. If this information is not included, the DME may decline to enroll the file. If the payor resides outside of Prince Edward Island, please include three certified copies of the support order.

1. Payor: (adult ordered to pay support)

*Full name: Full Name

*Mailing address (current or last known): Mailing Address Current Last Known

Employer: Employer

Telephone (h) Home Phone (w) Work Phone (c) Cell Phone

Email address: Email

*Date of birth: DD/MM/YYYY

Health number: Health Number

Social insurance number: S.I.N.

Mother’s surname at birth: Mother’s Maiden Name

2. Beneficiary (adult who the support will be paid to)

*Full name:

*Mailing address:

Email address:

*Telephone (h) Home Phone (w) Work Phone (c) Cell Phone

*Date of birth: DD/MM/YYYY

Health number: Health Number

*Social insurance number: S.I.N.

3. Has domestic violence occurred between yourself and the other party? If so, upon enrollment, please contact your

assigned Enforcement Officer to discuss any precautions that may need to be put in place.

4. If you wish to claim arrears please do so by completing the arrears calculation attached. Please be notified that these amounts must be confirmed by the other party before they will be collected by the Maintenance Enforcement Program. (See Arrears Dispute Section 10, Policy 502 – Determining Eligibility)

5. Are you currently in receipt of financial assistance? Yes No Please provide this completed form, with a copy of your support order or agreement, to the Maintenance Enforcement Program, in-person or by mail to the Family Law Centre (1 Harbourside Access Road, PO Box 2290, Charlottetown, PE C1A 8R4; fax (902) 368-6934, or email ([email protected]).

If you have questions, please call the Maintenance Enforcement Program at (902) 894-0383, or visit MEP online at www.princeedwardisland.ca/en/information/justice-and-public-safety/maintenance-enforcement-program. Personal information on this form is collected under section 6 of PEI’s Maintenance Enforcement Act, RSPEI 1988, Cap. M-1 and will be used for the purpose of enforcing a maintenance order or a payment order. If you have any questions about this collection of personal information, please contact the Director of Maintenance Enforcement at (902) 894-0383.

17JU15-47244

Declining Enrollment of New Court Order: Per section 3(1) of the Maintenance Enforcement Act, I am the party that initiated the proceeding that resulted in the support order and I do not wish to have this support order enforced by the Director of Maintenance Enforcement. Signed:__________________________ Witness: ___________________________ Date: ________________ Print name: Print Name:


http://www.princeedwardisland.ca/en/information/justice-and-public-safety/maintenance-enforcement-program

Arrears Calculation Use this table for arrears dating back to the commencement date of the order. This does not include arrears set in the Court Order or Agreement. MEP only enforces arrears calculated 24 months prior to the enrollment of the order and only the arrears that the parties agree (consent) to collection (see Policy 502: Determining Eligibility, section 10). Please fill out the form below to identify any unpaid support and the total amount owing. If more calculations are required please request additional forms. (Receipts must be included with all special expenses claimed)

Example

Month/Year Support Type Amount Due Amount Paid Balance Owing Comment

Child; Spousal; Special Expense;

$500 $400 $100

Child; Spousal; Special Expense;

$250 $0 $250 Hockey registration

Total Owing $350

Please Fill Out

Month/Year Support Type Amount Due Amount Paid Balance Owing Comment

Total Owing

Date: Signature:





Determining Eligibility 502 01-July-2018 1 of 3

Revised: 1 May 2018

POLICY OBJECTIVE

1. The enforcement of Orders and Agreements is the ultimate priority of MEP to

maximize the support provided to Island families. However, from time to

time, Orders or Agreements are filed with MEP that do not meet the legal

requirements under the Act for enrollment.

2. It is important that Orders and Agreements are reviewed with the view that

general ambiguity should be resolved in favour of the Beneficiary to the Order

or Agreement in order to strive to meet the intention of the Order or

Agreement to provide support payments.

3. MEP may also determine that under the Act, sections of the Order or

Agreement may be unenforceable. For example, MEP may determine that the

obligation to pay basic table child support is enforceable; however, section 7

clauses in an Order or Agreement are unenforceable. MEP may decline to

enforce a section of the Order or Agreement while still enforcing other

sections of the Order or Agreement.

4. If it is determined that an Order or Agreement is not eligible for enrollment or

sections of the Order or Agreement are not enforceable by MEP, to ensure

public confidence in administration of MEP, it is important that MEP is

transparent and accountable in making such determinations.

5. This Policy sets out best practice guidelines and timelines for determining

eligibility of Orders and Agreements (and their specific sections) and for the

communication of the reasons for such determinations to parties to an Order

or Agreement and/or the Court.

PROVISIONS

6. Under the Act, Orders/Agreements filed with MEP will be eligible for

enrollment if they meet the following criteria:

a) the maintenance order has been registered in the Supreme Court of Prince

Edward Island;

b) the order meets the definition of “maintenance order” as described under

clause 1(1)(b) of the Act;

c) ongoing payments are due or there are arrears on past due payments,

and/or costs related to maintenance are unpaid; and






Revised: 1 May 2018

d) payments must be payable to the Beneficiary or to the Beneficiaries under

the maintenance order or as otherwise stipulated in the order.

Orders that do not meet all of the above criteria will not be eligible for

enrollment with MEP.

7. Orders filed with the MEP will be reviewed by staff to ensure they are eligible

for enrollment. In certain circumstances, the DME’s discretion to not enforce

an Order may be initiated. Cases in which the DME’s discretion could be

used to not enforce an Order include:

a) there is no enforceable amount of support set out in the Order and there

is not enough information to allow the EO to determine the appropriate

table amount;

b) the Order is not for child and/or spousal support, but for other items;

c) the payments are conditional on an outside factor (whether Payor is

residing on PEI or not) as MEP has no authority to decide evidentiary

issues relating to external factors;

d) the order is for an amount less than an amount prescribed by the DME

pursuant to the Act;

e) the DME may decline to enforce terms of previous Orders that have not

been included into the newest order; or

f) a terminating event has occurred and the Order does not state that

support is to continue past that terminating event, see Policy 604 – File

Status Change.

8. There may be other issues with the Order as may be determined by the DME,

and the DME will provide written reasons for a determination to decline to

enroll or to withdraw support enforcement to the parties.

9. In the event the DME determines that an Order is not eligible for enrollment

under this Policy, the Court will be copied on correspondence sent to the

parties declining enrollment.

Arrears Dispute/Historical Arrears

10. The Act allows MEP to enforce the payment of arrears under an Order or

Agreement that were incurred before the Order or Agreement was filed with

MEP. From time to time, Orders or Agreements may set historical arrears or

absolve/forgive arrears. At other times, the Order is silent as to arrears.






Revised: 1 May 2018

11. If parties have declined to enroll an Order or Agreement for an extended

period of time and are seeking enrollment more than twenty-four (24) months

after the issuance/signature date of the Order/Agreement, a party may indicate

that there are significant arrears owing under the Order/Agreement. There are

legal issues that may impact historical arrears under legislation, and MEP is

unable to make legal determinations.

12. In light of those legal implications, MEP will decline to consider enforcing

arrears beyond the twenty-four (24) month period (subject to compliance with

section 14 of this Policy) without an Order or Agreement filed in Court setting

the arrears.

13. If the parties to an Order or Agreement are enrolling with MEP and they have

a dispute regarding the amount of arrears that have accrued prior to the file

being enrolled with MEP (including Section 7 Expenses), MEP will refer the

clients to the Child Support Guidelines Office or their lawyer(s) so that the

Court can make a determination of the amount of arrears owing on the file.

MEP is unable to adjudicate between the parties.

14. If the parties agree on the amount of arrears owing on the file prior to

enrollment, the parties will sign a Statement of Arrears Declaration, and MEP

will update the ledger on MEPS when the Order or Agreement is enrolled

appropriately.

15. If the parties agree on a partial amount of arrears but not the entire amount

that one party has claimed, the parties will sign a Statement of Arrears

Declaration, and MEP will update the ledger on MEPS when the Order or

Agreement is enrolled, including the amount of arrears the parties have agreed

to. For the remainder of the balance in dispute, MEP will refer the clients to

the Child Support Guidelines Office or their lawyer(s) so that the Court can

make a determination of the amount of arrears owing on the file. MEP is

unable to adjudicate between the parties.







Variation of Orders/Agreements 503 01-July-2018 1 of 3

Revised: 1 May 2018

POLICY OBJECTIVE

1. From time to time, existing Orders/Agreements enrolled in MEP are varied

or changed (by the Court or by Agreement). In order to ensure MEP is

enforcing the appropriate support amounts and complying with current

Orders/Agreements, it is important that variations are processed in a timely

fashion.

2. The Court may order an existing Order be varied through a subsequent Order

(Variation Order).

3. While these Orders are ultimately written and signed by a Judge, the Order is

effective immediately upon the Judge orally delivering the Order in Court

(unless the Order provides an effective date at a later time).

4. Further, from time to time, it may be unclear as to the status of previous

provisions in Orders or the impact of new Orders on previous support

determinations. As MEP is a neutral third party, the DME is unable to make

interpretive decisions relating to Order variations.

5. It is important that delays in the drafting of written Orders by counsel or

parties do not result in delays in compliance with an Order.

6. This Policy sets out best practice timelines for the processing of variations to

existing Orders/Agreements and sets out guidelines for MEP staff in processing Orders that have not been provided in writing. It also sets out guidelines for dealing with orders where there is dispute relating to the impact of the variation on support obligations.

PROVISIONS

Variations to Agreements

7. When a signed copy of an amended Agreement is received by MEP, it will be date stamped to reflect the date of receipt. Amended Agreements are subject to a review for eligibility under Policy 502 – Determining Eligibility.

8. Within ten (10) business days of the determination of eligibility, the

Order/Agreement will be processed and support updated in MEPS according

to the terms set out in the amended Agreement. This includes calculation

and adjustments resulting from any retroactive provisions in the Agreement.






Revised: 1 May 2018

9. The effective date of the amended Agreement will be the effective date agreed upon in the document. If there is no agreed upon effective date, the effective date will be the date the last signatory signs the Agreement.

10. In the event the variation is sufficiently complex that processing and updating

MEPS may take longer than set out in this Policy, the clients will be advised of the delay within the ten (10) business day timeline.

11. Confirmation Orders, Consent Orders, and Recalculation Orders issued are treated as a variation to an Agreement.

Court Ordered Variation

Where Written Order Provided Immediately

12. When a signed copy of a Variation Order is received by MEP, it will be date

stamped to reflect the date of receipt. Variation Orders are subject to a review for eligibility under Policy 502 – Determining Eligibility.

13. Within ten (10) business days of the determination of eligibility, the Order will be processed and support updated in the system according to the terms set out in the Order. This includes calculation and adjustments resulting from any retroactive provisions in the Order.

14. In the event the variation is sufficiently complex that processing and updating MEPS may take longer than set out in this Policy, the clients will be advised of the delay within the ten (10) business day timeline.

Where Written Order Has Not Been Drafted

15. When MEP receives notice from the Court or a party to a Variation Order,

but the written Variation Order has not yet been signed, MEP will request a transcript of the Judge’s Order to be delivered from the Court within twenty (20) business days of being notified of the issuance of a new decision.

16. Upon receipt of the transcript, MEP will monitor the file for the receipt of

the written Order. In the event the Order is not received, MEP will contact

the Court and/or the parties or their counsel ninety (90) days after receiving

the transcript, in order to determine the status of the written Order.

17. The eligibility assessment under Policy 502 – Determining Eligibility shall be undertaken on the basis of the transcript.






Revised: 1 May 2018

18. Within ten (10) business days of the determination of eligibility, the Order will be processed and support updated in MEPS according to the terms set out in the amended Order. This includes calculation and adjustments resulting from any retroactive provisions in the Order.

19. In the event the variation is sufficiently complex that processing and updating MEPS may take longer than set out in this Policy, the clients will be advised of the delay within the ten (10) business day timeline.

20. Confirmation Orders, Consent Orders, and Recalculation Orders issued under this section are treated as a variation to an Order.

Variations & Extraordinary Expenses

21. From time to time, Variation Orders or Agreements are registered with MEP

that do not include provisions for Section 7 Expenses that were included in a previous Order or Agreement, see Policy 602 - Special and Extraordinary Expenses.

22. Unless there is a specific provision in the Variation Order/Agreement continuing the terms of the previous Order/Agreement, MEP will cease enforcement of the Section 7 Expenses and will refer any parties seeking Section 7 Expenses to the Child Support Guidelines Office or to seek legal counsel. Arrears in such expenses under the prior Order/Agreement will continue to be enforced unless the Variation Order/Agreement indicates otherwise.


23. Administrative Recalculation of Child Support Regulations, PEI Reg

EC465/03

24. Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)

25. Family Law Act, R.S.P.E.I. 1988, Cap. F-2.1



Department of Justice and Public Safety Maintenance Enforcement Program Policy and Procedures


Updating Support

Obligations

504 01-July-2018 1 of 4

Revised: 1 May 2018

POLICY OBJECTIVE

1. The collection and disbursement of ongoing support for dependent children and

currently entitled spouses is a significant priority of MEP. Significant time and

administrative resources are spent by MEP staff in reviewing Orders/Agreements

and adjusting Ledgers when an Order/Agreement is updated for the first time in a

number of years.

2. Issues also arise when recalculation provisions in orders conflict with the specific

language in other provisions of the same Order. In order to permit recalculation

of such Orders, further order of the Court or Recalculation Services is required.

3. If parties go an extended period of time without updating their support orders,

then disputes often arise between the parties regarding the amount of

arrears/retroactive support owing. This is counterproductive to the parties’

interactions with MEP. MEP will only enforce arrears on Orders/Agreements

enrolled with MEP, with consideration to Policy 502 – Determining Eligibility.

4. In order to ensure that resources of MEP are most efficiently allocated, MEP may

require ongoing confirmation from the parties regarding steps to update their

Order/Agreement on a regular basis.

5. The availability of the Administrative Recalculation Office and Child Support

Guidelines Office in Prince Edward Island greatly reduces the timelines and cost

for variation requests. These offices are not part of MEP, and MEP is unable to

vary a court order. MEP staff may request that clients engage in recalculation

services for reasons outlined in this Policy.

6. This Policy sets out the obligations of MEP clients in ensuring that their Orders

are updated regularly to reflect changes in family dynamics and financial

circumstances of MEP clients.

PROVISIONS

7. From time to time, Orders and Agreements may state that parties will provide

their financial information to MEP for MEP to vary Orders/Agreements enrolled

with MEP or that MEP adjust support amounts because a dependent child is no

longer eligible for support. MEP is unable to vary Orders/Agreements that have

specific terms in them setting support amounts or where the recalculation is

contingent upon an undetermined variable. In these circumstances, MEP will




Updating Support

Obligations

504 01-July-2018 2 of 4

Revised: 1 May 2018

direct the parties to Recalculation Services that can assist them, pursuant to this

Policy.

8. It is the responsibility of the Payor and Beneficiary to ensure that their

Orders/Agreements reflect material changes between the clients and/or dependent

children.

9. If the client wishes to use Recalculation Services within the Family Law Centre, it

is their responsibility to engage with those services which are separate from MEP.

10. It is also the responsibility of the clients to ensure that arrears are not accumulated

on MEPS due to neither party applying to the Court to update their Order.

Global Orders

11. It is not possible for MEP to change the amount of maintenance required each

month without a recalculation provision that is enforceable by MEP.

12. For example, an Order/Agreement may be recalculated and support collection

adjusted by MEP for Global Orders when one or more of the dependents covered

by the Order/Agreement are no longer eligible for child support and the

Order/Agreement does not require the Order/Agreement be calculated based on a

specified number of children or a set amount. This is not a change to the

Order/Agreement, but rather MEP complying, as required, with the terms of the

Order/Agreement.

13. The ability of MEP to recalculate an Order/Agreement is contingent upon a

number of circumstances, including but not limited to:

a. The Order/Agreement relies on the Child Support Guidelines Table

amounts, not an amount that departs from the table;

b. The Order/Agreement does not set a specific amount of child support to be

paid globally for multiple children without the ability to adjust the

monthly amount going forward;

c. The Order/Agreement has step-down provisions that do not conflict with

other provisions in the Order/Agreement; and

d. The Order/Agreement sets a specific tool to determine the parties’ income

(i.e., Notice of Assessment) and provides direction as to what tool is to be

used for ongoing recalculation.




Updating Support

Obligations

504 01-July-2018 3 of 4

Revised: 1 May 2018

Recalculation Services

14. MEP may direct either the Payor or Beneficiary to apply to the Administrative

Recalculation Office or Child Support Guidelines Office to have their

Order/Agreement adjusted.

15. MEP may require that the clients enroll in the Recalculation Program or utilize

the services of the Child Support Guidelines Office as a condition of a PCP, PPP,

or as a condition of the clients’ involvement with MEP.

16. EOs as a condition of their enforcement activity with MEP may use their

discretion and require the parties to enroll their Order or Agreement with the

Administrative Recalculation Program or contact the Child Support Guidelines

Office to vary their Order or Agreement.

Recalculation Program

17. The Recalculation Program will administratively recalculate Orders/Agreements

per the authority of that Office under the Administrative Recalculation of Child

Support Regulations.

18. In order to recalculate an Order/Agreement, the Order/Agreement must contain

the standard form recalculation clause contained in the Administrative

Recalculation of Child Support Regulations. The Order/Agreement must also be

filed with the Administrative Recalculation Office.

19. A recalculation clause contained in an Order/Agreement can be recalculated by

the Recalculation Officer if the Recalculation Officer can do a straight forward

recalculation of child support using the Payor’s updated income on line 150 of

his/her income tax return and the Child Support Guideline tables and discretion is

not required. A recalculation clause cannot be executed by the Office if the

Order/Agreement states:

a. the payor is self-employed/has self-employment income;

b. the payor’s income was imputed (grossed up) by the court;

c. the payor has shared custody of the child(ren);

d. a pattern of income was used to determine payor’s income (i.e., average of

last three (3) years’ income);

e. child support departs from the Guidelines’ Table; or

f. for Section 7 Expenses.




Updating Support

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504 01-July-2018 4 of 4

Revised: 1 May 2018

20. An Administrative Recalculation is done when the Order/Agreement contains the

recalculation clause and has been filed by either parent with the Administrative

Recalculation Office. The parties do not have to attend Court to utilize this

service.

21. In the event that one party wishes to update Section 7 Expenses, or files notice of

a dispute to the Administrative Recalculation Office, or if an EO is aware that the

parties will not be able to use the Recalculation Program for reasons outlined in

section 19 of this Policy, the parties may be referred to the Child Support

Guidelines Office for assistance.

Child Support Guidelines Office

22. The Child Support Guidelines Office provides information on the Child Support

Guidelines and helps people who represent themselves complete the required

court documentation when they apply for child support for the first time or want

to change an existing Order or Agreement.

23. The Child Support Guidelines Office provides information and assistance to

people who have no legal representation and who are:

a. Seeking child support for the first time or a change to an existing Order or

Agreement through the courts; or

b. Seeking child support for the first time or a change to an Order or

Agreement (by way of a Consent Order) without going back to court, if:

i. Both parties are in agreement; and

ii. The Payor provides proof of the income needed to calculate child

support.

c. The Child Support Guidelines Office also assists people in sending

application forms for child support when a parent lives in a RJ.


24. Administrative Recalculation of Child Support Regulations, PEI Reg EC465/03

25. Family Law Act, R.S.P.E.I. 1988, Cap. F-2.1


https://www.canlii.org/en/pe/laws/stat/rspei-1988-c-f-2.1/latest/rspei-1988-c-f-2.1.html




Policy Title Policy

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Case Management 601 01-July-2018 1 of 6

Revised: 1 May 2018

POLICY OBJECTIVE

1. The timely and efficient collection and disbursement of support ensures the well-

being of Island families. MEP is a free service that is provided by the

Government of Prince Edward Island to assist in the collection and disbursement

of support under Orders and Agreements.

2. MEP staff is empowered under provincial legislation to use enforcement remedies

to collect support from Payors enrolled in MEP. A neutral support agency that

does not represent the Payor or Beneficiary, MEP is a third party that operates in a

reasonable and consistent manner to enforce Orders and Agreements.

3. Individuals enrolled in MEP have an understandably high expectation of the

ability of MEP to succeed in collection activities in the event a Payor does not

voluntarily pay support.

4. Public confidence in the administration of MEP hinges on the fair and consistent

application of best practices outlined in both legislation and this Policy.

5. This Policy sets out the best practice guidelines for general case management of

files enrolled in MEP.

PROVISIONS

Primary Principles

6. In the administration and delivery of MEP, the following statements describe the

rights and obligations of the Payor, Beneficiary, MEP staff, and the Department

of Justice and Public Safety:

a) Every Prince Edward Island resident has the right to enroll an Order or

Agreement with MEP, subject to the eligibility of the Order or Agreement

enrollment by MEP, see Policy 502 – Determining Eligibility;

b) Every effort is made to enforce Orders and Agreements enrolled with

MEP; however, there is no guarantee of success in collections;

c) The appropriate method of enforcement is determined by MEP staff, with

consideration to legislation and best practice guidelines established in this

Manual;




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d) In registering with MEP, the Payor and Beneficiary have the responsibility

to comply with the expectations and obligations of MEP;

e) MEP cannot become involved in child custody or access issues. These are

private legal matters between the Beneficiary and the Payor. Under the

law, support and custody/access are two separate issues. If clients ask for

assistance in varying a custody/access Order, MEP will refer the client to

services that can assist them; and

f) Subject to any conditions in an Order or the Act, parties may choose to

withdraw (opt out) of MEP and receive direct payments, if there are no

arrears owing to the Department of Family & Human Services and/or the

Beneficiary does not have an active AOB with Income Support. As well, a

party may request to opt back into MEP at any time.

Roles and Responsibilities of MEP Staff

7. Staff will act in compliance with this Manual.

8. Staff must respond with sensitivity to both Beneficiary and Payor requests.

Clients must, at all times, be treated with dignity and respect, keeping in mind the

Mutual Respect Policy outlined in Policy 401 – Communications General.

9. Staff shall communicate professionally and courteously with employers, other

jurisdictions, and local authorities responsible for issues concerning child support

Orders and/or Agreements, with consideration to Policy 401 – Communications

General.

10. EOs will review their caseloads, in accordance with Policy 204 – File Reviews.

Responsibilities of Payors

11. Payors have a legal responsibility to pay support in the amount and within the

period prescribed by their Order or Agreement. Once a Payor has been notified

that their support Order or Agreement has been registered with MEP, they are

required to begin making payments immediately.

12. Payors are responsible for completing the Enrollment Package to give MEP

sufficient information to enforce the Order or Agreement.

13. Payors are responsible for paying support without continual prompting or

reminders from EOs.




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14. Payors must pay all support payments through MEP to ensure their account is

managed accurately. If payments are made directly to the Beneficiary, they will

not be recorded until the Beneficiary provides written documentation confirming

the payment. MEP may also decline to enforce a file where the Beneficiary is

taking steps to enforce the order outside of the MEP, pursuant to the Act, and also

see Policy 605 – Direct Payments to Beneficiaries.

15. Payors are required to notify MEP of any change in their circumstances, which

may affect their ability to make payments under an Order or Agreement.

16. Payors are required to inform MEP of any changes to their personal/contact

information.

17. Payors are required to provide accurate and truthful information to MEP in

relation to the administration and enforcement of their Order or Agreement.

18. Payors are required to follow MEP’s Mutual Respect Policy outlined in Policy

401 – Communications General, in all of their interactions with MEP staff.

19. Payors are required to notify MEP that the Court has issued a new Order within

two (2) business days of the court appearance, and/or provide to MEP a copy of

all new child or spousal support Orders or Agreements within two (2) business

days of the Agreement or Order being signed.

Responsibilities of Beneficiaries

20. Beneficiaries who register or are enrolled with MEP via Court Order are required

to complete the Enrollment Package.

21. Beneficiaries must receive all support payments through MEP. Any payments

received directly from the Payor must be reported to MEP in writing and include

the Beneficiary’s signature on the document, see Policy 605 – Direct Payments

to Beneficiaries.

22. Beneficiaries are not permitted to contact or pursue third parties involved in

remitting support payments to MEP, such as the Payor’s employer. The first time

this occurs, the EO will forward a warning letter to the Beneficiary. The second

time this occurs, the DME may withdraw enforcement on the file pursuant to the

Act.




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23. Beneficiaries are required to follow MEP’s Mutual Respect Policy outlined in

Policy 401 – Communications General, in all of their interactions with MEP

staff.

24. Beneficiaries are required to notify MEP of any change in their circumstances and

their dependents’ circumstances, which may affect support payments.

25. Beneficiaries are required to inform MEP of any changes to their personal/contact

information.

26. Beneficiaries are required to provide accurate and truthful information to MEP in

relation to the administration and enforcement of their Order or Agreement.

Beneficiaries who defraud MEP or the Social Assistance Program are open to

criminal and/or civil legal action, pursuant to the Act.

27. Beneficiaries are required to notify MEP that the Court has issued a new Order

within two (2) business days of the court appearance, and/or provide to MEP a

copy of all new Orders or Agreements within two (2) business days of the

Agreement or Order being signed.

Responsibilities of Beneficiaries with an Assignment of Benefits

28. Beneficiaries are to complete an AOB Form with their Income Support Worker,

which is forwarded to MEP.

29. The Liaison/Enforcement Officer takes sole responsibility for these files by

assigning the file to their caseload and completing the assignment process.

30. Monthly child support obligations are assigned to Income Support, but

extraordinary (Section 7) expenses are not assigned. These expenses are owed

directly to the Beneficiary.

31. The Assignment of Benefits cannot exceed the Beneficiary’s monthly FA benefit.

If the Beneficiary’s monthly FA benefit is less than their child support monthly

obligation, the Liaison/Enforcement Office is responsible to adjust the file

accordingly. For example, if the Beneficiary’s monthly FA benefit is $1,000 and

their child support monthly obligation is $1,500, Income Support is only eligible

to receive $1,000 and the remaining $500 is credited to the Beneficiary.

32. While a Beneficiary has an active AOB, they are unable to opt out of MEP.




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33. When the arrears owing to Income Support are paid in full and the Beneficiary

ends the AOB, active files are transferred back to the EO who would be

responsible for the file prior to its assignment to the Liaison/Enforcement Officer.

34. If a Beneficiary’s AOB has ended, they may opt out of MEP. However, their

MEP file will remain open to collect Income Support’s arrears. Once these

arrears are collected and forwarded to Income Support, then the file will be

closed.

Entitlement to Ledger Reviews

35. MEP clients are entitled to have their ledger reviewed, if either party believes that

there could be an error on the payment ledger.

36. Ledger reviews are done if either party disagrees with the amount shown on

MEPS.

37. The Bookkeeper with MEP will conduct Ledger Reviews for MEP clients.

38. If either party informs MEP that she/he disagrees with the amount shown on the

Ledger, the EO assigned to the file will ask the complainant to state their request

for a review to MEP, in writing.

39. In the event a client requests more than one review in a six (6) month period, the

EO assigned to the file will consult with the DME to determine whether the

review is necessary, as this information is already available on the IVR and MEP

website.

40. The DME will make the determination of whether the Ledger Review is necessary

within ten (10) business days of receiving the request. The DME will notify the

client in writing of whether MEP will conduct a Ledger Review. In the event

MEP declines to conduct a Ledger Review, the DME will notify the client in

writing of the reasons for the denial.

41. The MEP Bookkeeper will conduct a Ledger Review within (7) business days, in

order to permit the Bookkeeper to have time to conduct an accurate review of the

Ledger. The EO will conduct the review by:

a) retrieving all the Orders/Agreements from the case file.




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b) reviewing the Order/Agreement to find the amount of support required,

commencement date for support, and any other payments that might be

awarded such as special expenses.

c) determining the amount of support that is due, and print off the Payor’s

Ledger and add the payments received from the Payor. The difference

between these two figures will give the arrears amount or the credit

balance.

d) paying careful attention to file notes as parties might have agreed to

forgive some arrears or payments might have been given directly to the

Beneficiary.






Policy Title Policy

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Special and Extraordinary Expenses 602 01-July-2018 1 of 5

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP’s enforcement obligations for enrolled Orders include the collection and

disbursement of extraordinary expenses (also known as “Section 7 Expenses”).

2. The availability of such support is important to assist with childcare and

development. The efficient collection and disbursement of Section 7 Expenses is

important for Island families.

3. While Section 7 Expenses are not always as clearly articulated as the table amount of

basic child support, the enforcement of Section 7 Expenses is an important part of the

role of MEP. The manner in which the Court directs Section 7 amounts to be

calculated varies from case to case.

4. Further, Section 7 Expenses can be attributable to either or both the Payor and/or

Beneficiary of an Order/Agreement, which makes the accounting of receipts more

complicated than basic table child support.

5. Section 7 Expenses are one of the most contentious components of Orders and are

often the subject of dispute between clients. MEP is confined at all times by the

authority under the Order and is not a tribunal that makes decisions based on

competing evidence. It is important to public confidence in the administration of

MEP that collection of these expenses is consistent and accountable.

6. This Policy sets out best practice guidelines and timelines for the processing of

Section 7 Expenses and outlines the expectations of clients when they submit

information relating to expenses to allow for appropriate and timely processing.

7. Nothing within this Policy will exclude an EO from accepting receipts outside of the

suggested timelines in this Policy, so long as the EO is exercising their discretion

reasonably and notes are placed on MEPS with reasons. Any decision by MEP to

decline to enforce on section 7 expenses is not a statement that a party is not entitled

to the expense, but rather that MEP is unable to enforce on the expense

PROVISIONS

8. Section 7 of the Federal Child Support Guidelines allows the Court to order the

parties to contribute to childcare, health care, education, extra-curricular activity

expenses, and specific other expenses as may be related to the special needs of a child

under an Order/Agreement.




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9. Section 7 Expenses may be in either of two categories:

a. An obligation to pay fixed additional expense amounts (i.e., a specified

amount per month for childcare;

b. An obligation to pay certain expenses without a fixed amount where the

monthly Section 7 obligation is based on a percentage based calculated

determination of monthly expenses (i.e., 70% of monthly childcare expenses).

10. From time to time, the Court may order or the parties may agree that payments for

Section 7 Expenses are to be paid directly to a third party (i.e., licensed daycare or

hockey association). MEP is unable to make such payments directly as the MEP is

unable to process financial transactions with third parties.

11. In the event an Order/Agreement sets a fixed amount, parties are not required to

submit receipts for the fixed expense. In the event an order requires monthly

determination, receipts must be submitted.

12. The party, who has paid the expense or to whom the expense is invoiced, is

responsible for submitting the expense for processing. MEP is not responsible for

collecting payments from outside parties such as vendors and does not pay them

directly. Therefore, the party who is not named in the invoice is still responsible for

the payment of their proportionate or ordered share of the expense to the Beneficiary

regardless of whether the invoice is presently outstanding.

13. In the event the Order/Agreement states that the parties must “agree to Section 7

Expenses”, absent an agreement between the parties, MEP is unable to collect and

enforce on expenses.

RECEIPT SUBMISSION

14. The submission and calculation of receipts relating to Section 7 Expenses is a time

intensive process that is complicated when receipts are submitted on a daily basis. In

order to ensure an accurate and proper accounting of Section 7 Expenses, MEP Staff

require that receipts are submitted once a month on a day agreed to by the client and

the assigned EO and in accordance with this Policy.

15. Only receipts in the name of the client who is claiming the expense will be accepted

by MEP. It is important for clients of MEP to have as much certainty as possible in

terms of financial obligations. If receipts are not submitted for Section 7 Expenses

over an extended period of time, bulk submission of receipts can result in a




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significant Section 7 payment obligation that is less financially manageable for the

Payor.

16. Delays in processing receipts by MEP staff can also result in increases on the Payor’s

Ledger.

17. Sizeable expenses due to delay could result in arrears and non-payment in

circumstances where regular payments could have resulted in compliance. For

example, a Payor may be unable to pay a lump sum amount based on ten months of

receipts but may have been able to pay monthly payments ten percent of that amount.

18. In order to maximize the Payor’s ability to pay calculated Section 7 Expenses,

receipts must be submitted within thirty (30) days of the invoice date. It is the

responsibility of the client who has paid the expense or in whose name the expense is

invoiced to ensure the receipt/invoice is sent within that time.

19. If an Order or Agreement is enrolled with MEP and a client notes that there are

outstanding Section 7 Expenses owing, MEP will only enforce on arrears owing

twenty-four (24) months prior to the date the Order or Agreement is enrolled with

MEP, with the consent of both parties unless the Order or Agreement sets the

historical arrears.

20. If a client disputes the amount of arrears owing on Section 7 Expenses, and the Order

is silent as to the issue of historical arrears, then MEP will direct the parties to the

Child Support Guidelines Office or their counsel to apply to the Court for an Order

determining the amount of arrears owing. MEP is unable to adjudicate between the

parties.

Receipts for Collateral Section 7 Expenses

21. Parties, from time to time, have to purchase equipment and other items that are

collateral expenses for eligible activities (i.e. hockey equipment purchased or

secondhand equipment). In order to substantiate expenses and avoid disputes, the

client submitting those receipts may, at the discretion of the EO, be requested to

submit FORM 602A – Retail Purchase Expense Confirmation Form, which will

accompany the receipts that will be submitted by the client who has paid the expense.

22. When requested, a Retail Purchase Expense Confirmation Form is to be completed

for each activity for which retail receipts are being claimed. The Form is to be signed




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by both the client who paid the expense and the Supervisor of the Activity (i.e.,

teacher, coach, instructor, etc.) confirming the expense was for an eligible activity.

23. If a client disputes the reimbursement of collateral Section 7 Expenses, the EO may,

at their discretion, require that the Supervisor of the Activity sign the Retail Purchase

Expense Confirmation Form.

24. If requested, all Retail Purchase Expense Confirmation Forms are to be submitted

once per month on a date confirmed in writing with the parties’ EO.

25. Submission of the Retail Purchase Expense Confirmation Form is subject to the thirty

(30) day submission period in section 18 of this Policy.

Monthly Section 7 Expense Statement

26. Each party to an Order who has paid for an expense that is eligible as a Section 7

Expense will complete FORM 602B – Section 7 Expense Statement Form,

monthly, setting out the expenses that are being submitted by the client claiming the

expense for the month.

27. The client shall submit the receipts and monthly statement on a date confirmed in

writing with the parties’ EO.

28. Failure to provide an accurate Section 7 Expense Statement Form may result in a

determination that expenses for which an invoice relates are determined to be

ineligible.

Childcare Expense Eligibility Determinations

29. Substantiation of receipts and payments for babysitting services provided after hours

(i.e., not childcare provided during working hours but for social events, etc.) are

difficult to substantiate as such services are generally provided by young persons

between the ages of 15-18 who do not invoice or family members who watch children

without charge.

30. Unless explicit language is included in the Order to indicate that babysitting services

for non-employment or non-critical illness related activities are included in the

eligible expenses, per the discretion under section 4 of the Act, MEP will not accept

receipts or claimed expenses for childcare unless associated with employment needs.




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31. In the event that there are concerns from a party relating to the non-inclusion of such

expenses, they will be referred to the Child Support Guidelines Office to apply for a

variation to have the terms included in the Order.

Gas Expense Eligibility Determinations

32. In the event that clients are entitled to receive reimbursement for gas associated with

Section 7 Expenses (for example: off-island hockey tournaments), MEP will use a

three month average of gas prices on Prince Edward Island as posted by the Island

Regulatory and Appeals Commission.

33. Clients requesting reimbursement for gas expenses must submit Form 602C –

Mileage Sheet for Section 7 Expenses, which indicates the reason and date(s) of

travel, as well as the total distance traveled.

Timelines for the Processing of Receipts

34. MEP Staff will process all receipts received from vendors within ten (10) business

days of their receipt.

35. Receipts will only be processed when attached to the Section 7 Expense Statement

Form.

Exercises of Discretion Outside of this Policy

36. From time to time, an EO may decide to accept an invoice/receipt in a manner that is

not explicitly approved in this Policy or that is outside the guidelines in this Policy.

37. In the event the EO wishes to make such a discretionary decision, the matter will be

reviewed by the DME for approval.

38. The DME will provide a decision on the request within three (3) business days in

writing.



Revised: November 01, 2017





Form – 602A S.7 Retail

Expenses Confirmation Form

602 01 Nov 2017 1 of 2

MEP CASE #:________________________ Beneficiary Name: ________________________

Payor Name: ________________________

Please see page 2 for information on completing this form

Date of

Expense Brief Description of Expense

Name of

Dependent/C

hild

Total Amount

of Expense

% to be Paid

(Payor/Benefi

ciary

Share)

Amount owing

$ % $

Total amount of expenses owed by the Payor/Beneficiary

________________________________________ _____________________________

Supervisor of Activity (i.e. Coach, Teacher) Date

________________________________________ _____________________________

Submitter signature Date

A copy of this completed form and receipts will be provided by MEP to the Payor/Beneficiary.

Should you have any concerns about this, please notify us immediately.

$ $

Revised: November 01, 2017

S.7 SPECIAL EXPENSES

Information for Submitting Receipts

Completing the Expense Form:

This Form is a brief statement of Policy 602 – Section 7 Expenses. In the event that

provisions of this Form and Policy 602 conflict, Policy 602 shall prevail.

You must have a court order or agreement stating the Payor/Beneficiary is required to pay all

or a share of certain expenses.

MEP must have confirmed that the expense(s) is enforceable by the program. Please do not

send in receipts or use this form unless you have already received confirmation from MEP

that the expense(s) are enforceable. To find out if a particular expense(s) is enforceable,

please call your Enforcement Officer to have your order/agreement reviewed.

The receipts provided and the amounts entered on the form must be specifically related to

the expense stated in your court order or agreement.

On the expense form, enter the details of each expense, including the date, description,

name of the child, total amount of the expense and the portion owing by the

Payor/Beneficiary. You will need to calculate the total amount owing by the

Payor/Beneficiary.

You must provide legible photocopies of the receipts for all expenses listed on this form.

Hand written receipts are acceptable only if they reference what activity is being paid for and

are signed and stamped by the organization being paid. Please ensure that you attach them

in the same order as they are listed on the form to assist in efficient processing of your claim.

Where an expense is subject to reimbursement from an insurance plan, ensure that:

You and/or the Payor had the opportunity to submit the expense(s) to the appropriate

insurance plans for reimbursement; and

The amount entered on the form is the remaining amount owing to you after the

reimbursement process.

Send the expense form with a copy of receipts to the following address:

The PEI Maintenance Enforcement Program

PO Box 2290

Charlottetown, PE C1A 8C1

Timeframe for sending receipts

Receipts should be submitted no later than the month after the month in which it is incurred.

Receipts submitted on a timely basis have greater success of collection than those

accumulated over several months.

November 01, 2017





Form – 602B S.7 Expense

Sheet

602 01 Nov 2017 1 of 2

MEP CASE #: ________________________

Beneficiary Name: ________________________

Payor Name: ________________________

Please see page 2 for information on completing this form

Date of

Expense Brief Description of Expense

Name of

Child

Total Amount

of Expense

% to be Paid

(Payor/Benefi

ciary

Share)

Amount owing

$ % $

Total amount of expenses owed by the Payor/Beneficiary

________________________________________ _____________________________

Submitter signature Date

Please attach a copy of your receipts.

$ $

November 01, 2017

A copy of this completed form and receipts will be provided by MEP to the Payor/Beneficiary.

Should you have any concerns about this, please notify us immediately.




This Form is a brief statement of Policy 602 – Section 7 Expenses. In the event that

provisions of this Form and Policy 602 conflict, Policy 602 shall prevail.

You must have a court order or agreement stating the Payor/Beneficiary is required to pay all

or a share of certain expenses.

MEP must have confirmed that the expense(s) is enforceable by the program. Please do not

send in receipts or use this form unless you have already received confirmation from MEP

that the expense(s) are enforceable. To find out if a particular expense(s) is enforceable,

please call your Enforcement Officer to have your order/agreement reviewed.

The receipts provided and the amounts entered on the form must be specifically related to

the expense stated in your court order or agreement.

On the expense form, enter the details of each expense, including the date, description,

name of the child, total amount of the expense and the portion owing by the

Payor/Beneficiary. You will need to calculate the total amount owing by the

Payor/Beneficiary.


Hand written receipts are acceptable only if they reference what activity is being paid for and

are signed and stamped by the organization being paid. Please ensure that you attach them

in the same order as they are listed on the form to assist in efficient processing of your claim.


You and/or the Payor had the opportunity to submit the expense(s) to the appropriate

insurance plans for reimbursement; and

The amount entered on the form is the remaining amount owing to you after the

reimbursement process.



PO Box 2290




Receipts submitted on a timely basis have greater success of collection than those

accumulated over several months.

November 01, 2017





Form – 602C Mileage Sheet for

S.7 Expenses

602 01 Nov 2017 1 of 2

BENEFICIARY NAME: PAYOR NUMBER:

HOME ADDRESS: CASE NUMBER:

S.7 MILEAGE EXPENSE:

Travel BEGIN DATE: Day/Month/Year: Travel END DATE: Day/Month/Year:

NOTE: Claims for Other Expenses MUST be supported by Receipts

DATE

DESTINATION & PURPOSE OF TRAVEL AND EXPLANATION OF OTHER EXPENSES

KM’S FLAT RATE

__________kms @ ______ Per km __________kms @ ______ Per km

Total

TOTAL EXPENSES - THIS CLAIM

Total

I certify that the above account of travel expenses is correct in all respects and that all expenses reported were necessarily incurred

_______________________________ (Beneficiary Signature) _______________________________ (Date)

APPROVED BY _________________________________ (Enforcement Officer Signature) _________________________________ (Date)

A copy of this completed form and receipts will be provided by MEP to the Payor/Beneficiary. Should

November 01, 2017

you have any concerns about this, please notify us immediately.




This Form is a brief statement of Policy 602 – Section 7 Expenses. In the event that provisions of this Form and Policy

602 conflict, Policy 602 shall prevail.

You must have a court order or agreement stating the Payor/Beneficiary is required to pay all or a share of certain

expenses.

MEP must have confirmed that the expense(s) is enforceable by the program. Please do not send in receipts or use

this form unless you have already received confirmation from MEP that the expense(s) are enforceable. To find out if a

particular expense(s) is enforceable, please call your Enforcement Officer to have your order/agreement reviewed.

The receipts provided and the amounts entered on the form must be specifically related to the expense stated in your

court order or agreement.

On the expense form, enter the details of each expense, including the date, description, name of the child, total

amount of the expense and the portion owing by the Payor/Beneficiary. You will need to calculate the total amount

owing by the Payor/Beneficiary.


Hand written receipts are acceptable only if they reference what activity is being paid for and are signed and stamped

by the organization being paid. Please ensure that you attach them in the same order as they are listed on the form to

assist in efficient processing of your claim.


You and/or the Payor had the opportunity to submit the expense(s) to the appropriate insurance plans for

reimbursement; and

The amount entered on the form is the remaining amount owing to you after the reimbursement process.



PO Box 2290




Receipts submitted on a timely basis have greater success of collection than those accumulated over several months.





Voluntary Withdrawal of

Order/Agreement

603 01-July-2018 1 of 3

Revised: 1 May 2018

POLICY OBJECTIVE

1. Individuals with Orders and Agreements can voluntarily enroll in MEP for assistance

with the collection and disbursement of support. Orders, at law, are required to be

provided to MEP for enrollment. However, subject to certain conditions under the

Act, parties are able to withdraw Orders and Agreements from MEP.

2. Requests for withdrawal from MEP can be sensitive because of conflict between the

parties and because of the need to ensure legislative requirements that place

conditions on withdrawal from MEP are followed.

3. Any request for withdrawal must be carefully evaluated by MEP, as one of MEP’s

primary responsibilities is to ensure that support payments are collected and disbursed

to Island families.

4. This Policy sets out best practices and timelines to ensure that requests to withdraw

from MEP are handled in compliance with legislation and that in circumstances

where the voluntariness of a request to withdraw may be questioned; appropriate

steps are taken to confirm that the withdrawal is voluntary.

PROVISIONS

Withdrawal of Order or Agreement Enrolled under Court Order

5. For Orders enrolled under clause 3(1)(b) of the Act, the Order may only be withdrawn

if a request to withdraw the file from MEP is received from the party who initiated

the application resulting in the Order (i.e., the Moving Party on the motion, the

Petitioner on the file, both parties to a joint petition, etc).

6. If the Payor initiated the application to obtain the Order, both the Payor and

Beneficiary must consent to the withdrawal. If the Beneficiary initiated the

application, then only the Beneficiary’s consent is required.

7. If the applicant to the Order wishes to withdraw the file from MEP, they must

complete FORM 603 – Request to Withdraw Form.

8. Once a Request to Withdraw Form is received, the request will be processed:

a. On files where there are no ongoing enforcement activities within ten (10)

business days; or






Order/Agreement

603 01-July-2018 2 of 3

Revised: 1 May 2018

b. On files where there are ongoing enforcement activities within twenty (20)

business days.

9. Requests for withdrawal are subject to review for issues impacting the right to

withdraw including the existence of an AOB.

Files Voluntarily Enrolled in MEP

10. Once a Request to Withdraw Form is received, the request will be processed:

a. On files where there are no ongoing enforcement activities within ten (10)

business days; or

b. On files where there are ongoing enforcement activities within twenty (20)

business days.

11. If a file is enrolled in MEP voluntarily, the file may only be withdrawn by written

request of the party who enrolled the Order or Agreement.

12. If the enrolling party wishes to withdraw the file from MEP, they must complete

FORM 603 – Request to Withdraw Form.

13. Requests for withdrawal are subject to review for issues impacting the right to

withdraw including the existing of an AOB.

Continued Withdrawal and Re-Enrollment

14. From time to time, clients who chose to withdraw from MEP may decide to request

re-enrollment at a later date. Clients who continually request to withdraw and re-

enroll create a significant administrative burden on MEP staff that diverts resources

away from enforcement activities.

15. Once a file is withdrawn from MEP by the parties, it may not be re-enrolled for at

least thirty (30) days from the date of withdrawal (subject to consideration of the

support obligation date).






Order/Agreement

603 01-July-2018 3 of 3

Revised: 1 May 2018

16. In order to ensure resources are used efficiently, if parties have enrolled and

withdrawn an Order/Agreement more than twice (2) in a calendar year, the DME may

decline to enroll the file. This decision is subject to the discretion of the assigned

Enforcement Officer. In the event the DME declines to enroll a file under this

section, written reasons will be provided to the parties within ten (10) business days

of the decision.

Concerns regarding the Voluntariness of Withdrawal Request

17. In the event that a Withdrawal Request is received by MEP by a party to an Order,

and MEP is concerned that there are circumstances that may call into question the

voluntariness of the request from a Payor or Beneficiary, the Request to Withdraw

Form shall be sent to the Court and the Request to Withdraw Form must be signed

off by a Judge.

18. Circumstances where there may be concerns regarding voluntariness include, but are

not limited to: indicators of domestic violence, controlling and coercive behavior,

verbal abuse, intimidation, etc.

NOTIFICATION OF PARTIES

19. Within ten (10) business days of the processing of a Withdrawal Request, the DME

will notify the parties to the Order of the effective date of the withdrawal and of their

right to opt back into MEP.







FORM 603 – Request to

Withdraw

603 01 Nov 2017 1 of 1


Re: [MEPCaseNumber]

Between: [BenefCourtOrderName] and [PayerCourtOrderName]

REQUEST TO WITHDRAW FROM MEP

TO: THE DIRECTOR OF MAINTENANCE ENFORCEMENT

I am authorized to withdraw the file from MEP pursuant to the Maintenance Enforcement

Act, and I hereby apply to withdraw from the Prince Edward Island Maintenance

Enforcement Program, effective on the __ day of __________________, 20___:

□ all support orders on [MEPCaseNumber2]

OR

□ the support order(s) dated ____________________________

I am aware that I am consenting to all arrears on the file being withdrawn.

I am aware that I am not permitted to withdraw the file if I have assigned my

Order/Agreement to Income Support.

_________________________________ _____________________________________ (Signature of the person applying to withdraw) (Please Print Name)

Dated this ___ day of _____________________, 20___.

[MEPAddress]

[MEPCity], PE,

[MEPPostCode]

Fax Number:

[MEPFax]





File Status Change 604 01-July-2018 1 of 6

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP has a duty to enforce Orders/Agreements that are enforceable and enrolled with

the Program and to collect and disburse ongoing support to assist Island families until

a terminating event occurs.

2. Once a terminating event occurs that ends the obligation of the Payor to pay support,

MEP has no authority to continue to collect and disburse support. The determination

of when an Order terminates is dependent on the language in the Order or Agreement.

3. Significant resources go into the administration and enforcement of

Orders/Agreements. From time to time, Orders/Agreements are silent on when the

obligation for support terminates.

4. Child support is generally contemplated to be for the benefit of dependent children.

For Orders without specific terminating events, MEP will, with notice to the

Beneficiary and providing an opportunity for response, rely on the legislated

guidelines for the determination of dependent children within provincial and federal

legislation, to deem terminating events to ensure MEP resources are best allocated to

the collection of ongoing support for files with dependent children.

5. This Policy sets out best practice guidelines for communicating with clients relating

to terminating events to provide them notice and the opportunity to provide further

information or seek a clarification order from the Court.

6. MEP has a duty to ensure that it is closing a file and withdrawing enforcement only

on files that are subject to a terminating event.

PROVISIONS

7. In the event that an Order/Agreement refers to a terminating event for a Global Order,

and when MEP reviews the Order/Agreement for a terminating event and it appears

that the entire support obligation terminates if one child is removed from the Global

Order, then MEP will interpret the terminating event to apply to the one child subject

to the terminating event, rather than all of the children under the Global Order.

8. The MEP may close a file if one of five (5) terminating events occur:

a) A terminating event specified in the Order or Agreement has occurred;

b) A deemed Child Support Termination event has occurred as set out in this

Policy and the parties have consented to withdrawing the file or not responded

in the timelines set out in the Policy;






Revised: 1 May 2018

c) The DME has granted a request to withdraw a file from MEP;

d) The Payor, Beneficiary or Child(ren) are deceased; or

e) The DME is declining to enforce the Order or Agreement.

Determining Terminating Events – Spousal Support Orders

9. Spousal support can only be terminated by Order of the Court. Parties may agree or

the Court may order that Spousal Support terminates after a certain event or time

period.

10. In the event that the Order/Agreement specifies that Spousal Support terminates,

terminating events will be determined based on a review of the specific provisions in

the Order/Agreement.

11. If an Order does not contain a termination provision, MEP will enforce the support

obligation indefinitely until the death of the Payor or Beneficiary unless a variation

Order or Agreement is received, subject to sections 20-22 of this Policy.

Determining Terminating Events – Child Support Orders

Specified in the Order/Agreement

12. Parties may agree or the Court may order that Child Support terminates after a certain

event or time period.

13. In the event that a support obligation is due at the beginning of the month and the

support order terminates at some point in the same month, then the Payor owes the

entire support obligation to the Beneficiary for that month.

14. In the event that the Order/Agreement specifies that Child Support terminates,

terminating events will be determined based on a review of the specific provisions in

the Order/Agreement.

No Terminating Event Specified in the Order/Agreement

15. In the event that the Order/Agreement does not specify a terminating event, MEP will

deem that terminating events are as follows:

a) A child turns 18 and is not






Revised: 1 May 2018

i. enrolled in a full-time program of education and is under 22; or

ii. able, by reason of illness, disability, or other cause to withdraw from

the care of the parent and an Order/Agreement is silent on support

continuing for the dependent;

b) A child marries;

c) A child turns 22 years of age;

d) A child legally withdraws from parental control; or

e) A child is deceased.

Participant Obligations – Terminating Events

16. Terminating events in Orders/Agreements can have conditions attached that, if met,

prevent the order from terminating. It is the obligation of the Beneficiary to

demonstrate that the condition to allow support to continue has been met.

17. MEP staff will contact the parties in writing four (4) months in advance of anticipated

terminating events (i.e., four (4) months before the Child turns 18) including

providing the parties FORM 604A – Termination Package, (which includes a Letter

from the EO, FORM604A-Child Status Form and, for files with an arrears balance,

FORM 604B – Continued Arrears Collection Request Form) to advise of the

upcoming termination and to ask for substantiation of any conditions that may allow

for support continuation.

18. Parties must return the Child Status Form to MEP no later than fifteen (15) business

days prior to the termination event in order to ensure supporting documentation can

be reviewed to prevent missed support payments.

19. Failure to respond to a Child Status Form request prior to a terminating event may

result in support being terminated.

20. Clients must notify MEP once per year of their child’s continued enrollment in post-

secondary education. This update is to be provided to the assigned EO in the month

of May. The EO may also request confirmation at anytime.






Revised: 1 May 2018

Unforeseeable Events Resulting in Termination (Death)

21. From time to time, events occur that terminate support obligations that cannot be

anticipated by MEP. The events include the death of the Payor, Beneficiary, or

Child(ren).

22. Parties have an obligation to advise MEP of unforeseen terminating events as soon as

is practicable. MEP has an obligation to handle death related termination events with

sensitivity.

23. In the event, through enforcement activities, MEP staff become aware of a death

related termination event that impacts a program file, MEP staff will take steps to

locate an official death notice (which would include a medical certificate of death, an

official certificate of death, or an obituary from a licensed funeral home).

Terminating Events – Global Child Support Orders/Multiple Children

24. In the event that a terminating event occurs relating to one of multiple children

subject to an Order, and the Order provides that support can be calculated annually

based on Guideline Table amounts without specifying the number of children that

calculation is to be based on, support collection will be continued based on the

calculated amount for remaining dependent children.

25. From time to time, MEP may enroll Orders/Agreements that indicate a set global

amount of child support for more than one child of varying ages with a specific

determination of the number of children the support is to be based upon with no

recalculation provisions. This results in a circumstance where support obligations for

one child terminates with an amount that cannot be recalculated by MEP and the

DME will no longer enforce the Order without a variation Order/Agreement, as this

brings into question the legal affect of the Order.

26. To permit time for a potential variation application in the above circumstance, six (6)

months before the oldest child subject to the global order reaches the age of eighteen

(18), MEP will send an Upcoming Termination Package (which includes a Letter

from the EO, FORM604A-Child Status Form, and, for files with an arrears balance,

FORM 604B – Continued Arrears Collection Request Form) to the parties. In the

event it is determined, based on the response to the status form that support is to be






Revised: 1 May 2018

terminated for the oldest child (or, if the order continues for the oldest, upon

termination for any child subject to the global order), the parties will be referred in

writing to the Child Support Guidelines Office and/or their Counsel to seek a

Variation Order and the Court will be copied on that correspondence.

Determination to Continue Support

27. In the event MEP determines that support is continuing under an Order or Agreement

that was subject to a contingent terminating event, the DME will notify the parties in

writing within seven (7) business days of the determination of the continuation

including confirmation of what contingent event was determined to have occurred.

28. To ensure parties are notified in a timely fashion, the assigned EO at the direction of

the DME may, depending on operational demands and the timeline of the receipt of a

Child Status Form by the clients, advise the clients by phone or email without reason

of the continuation of support and that the letter from the DME with reasons is

forthcoming.

Apprehension of Child(ren) by Child Protection

29. In the event that MEP receives information that the dependent child(ren) in an Order

or Agreement are now in the lawful custody of Child Protection authorities, MEP will

cease the ongoing obligation and continue to enforce active arrears online (if any),

and notify both parties and the Court (if the Court has mandated the parties

involvement in MEP) of its intention to make the file inactive. Within seven (7)

business days of the determination to make the file inactive, the DME will send

written confirmation to the parties that the file is inactive.

Child Returns to a Full-time Program of Education

30. In the event that a child over the age of majority returns to a full-time Program of

Education after their entitlement to support has terminated, MEP requires a new

Order/Agreement stating the child support will resume and continue for that child.

Disputing the Validity of Events

31. Parties may wish to dispute the validity of a terminating or continuation event under

an Order. As MEP is bound to comply with the present Order or Agreement as

drafted, to the event the dispute relates to Child Support Orders, they will be referred






Revised: 1 May 2018

to the Child Support Guidelines Office. For Spousal Support Orders, they will be

referred to seek legal advice.

Terminated Orders/Agreements – No Arrears

32. In the event an Order/Agreement terminates and there are no arrears on the file, the

file will be withdrawn from MEP. Within seven (7) business days of the withdrawal,

the DME will send written confirmation to the parties that the file has been

withdrawn.

Terminated Orders/Agreements – With Arrears

33. In the event an Order/Agreement terminates and there are arrears on the file, the file

status in MEP will be changed to Active Arrears and continuing support obligations

cease. Within seven (7) business days of the status change, the DME will send

written confirmation to the parties that the file status has changed and, if the

Beneficiary has not completed the required Continued Arrears Collection Request

Form, MEP will request the form be completed, see Policy 606 - Arrears Collection

– Inactive Files.







FORM 604A – CHILD STATUS

FORM

604 01 Nov 2017 1 of 2


CHILD STATUS FORM

MEP Case Number: [MEPCaseNumber] Child’s Name: [ChildName]

Beneficiary: [BenefPrimaryNameHeader] Child’s Date of Birth: [ChildDateofBirth]

Payor: [PayorPrimaryNameHeader]

1. Do you want your program to continue collecting ongoing child support for the child?

Yes No

If “No” from what date?

Please sign and return the form to the PE Maintenance Enforcement Program.

If “Yes” please complete the remainder of the form.

2. Is the child married? Yes No If “Yes”, date of marriage:

3. Is the child living in a common law relationship? Yes No

If “Yes”, date parties began co-habitation:

4. Is the child presently attending school full time? Yes No

If “Yes” please provide proof of registration and current enrolment status from the school.

Please provide the anticipated date of graduation/completion:

5. Is the child planning on returning to school? Yes No

If “Yes” what date is the child returning to school?

Please provide proof of registration and current enrolment status from the school.

We are gathering information to determine eligibility for the collection and enforcement of ongoing child

support. Please ensure all questions are answered thoroughly.

Note: A copy of this completed form and any information you send us regarding the child will be

provided to the Payor.





FORM 604A – CHILD STATUS

FORM

604 01 Nov 2017 2 of 2


6. Is the child living with you? Yes No

If “No” what date did the child leave and reason for leaving?

MEP Case Number: [MEPCaseNumber_2] Child’s Name: [ChildName_2]

7. Has the child ever been out of your care? Yes No

If “Yes” what date did the child leave, for how long, and reason for leaving?

8. Is the child in receipt of Canada Disability Pension Plan benefits? Yes No

If “Yes” please explain:

Please provide documentation.

9. Any additional information you wish to provide:

Name:

(Please Print)

Signature: Date:

Personal information on this form is collected under Section 6 of Prince Edward Island’s Maintenance

Enforcement Act R.S.P.E.I 1988, Cap. M-1 and will be used for the purpose of enforcing a maintenance order or a

payment order. If you have any questions about this collection of personal information, you may contact

[EONameClosing] at the Honourable C.R. McQuaid Family Law Centre, [MEPAddress], [MEPCity], PE,

[MEPPostCode].Telephone: 902-894-0383 or tolls free 1-866-226-8722.





FORM 604B - Continued Arrears

Collection Request Form

604 01 Nov 2017 1 of 1


Re: MEP Case Number [MEPCaseNumber]

Between: [BenefCourtOrderName] and [PayorCourtOrderName]

Please be advised that the support Order/Agreement filed with the Director of

Maintenance Enforcement has been withdrawn from MEP for one of the following

reasons:

as a result of an application to withdraw; or

on notification by a Reciprocal Jurisdiction; or

by the Director of Maintenance Enforcement; or

because the support provisions of your Order/Agreement have been

satisfied.

This terminates the Maintenance Enforcement Program’s (MEP’s) involvement with your

file. Support payments are no longer to be paid through MEP. MEP will continue to

collect arrears owing on the file, with your consent.

Please check ONE of the items below.

I, the undersigned, _________________________________:

Please Print Name

I have reviewed the Declaration of Arrears, dated ___________. I agree that the total

amounts of arrears are $__________ as of ___________, as stated in paragraph 3 of the

said Declaration of Arrears. I request that MEP continue to enforce on the arrears owing

on the file.

______________________________ ______________________________ Signature Print Name

DATED this ____ day of __________________, 20___.

Please return the signed original to the address below:

[EONameClosing]

Maintenance Enforcement Program [MEPAddress]

[MEPCity], PE, [MEPPostCode]

Fax Number: [MEPFax]





Direct Payments to Beneficiaries 605 01-July-2018 1 of 3

Revised: 1 May 2018

POLICY OBJECTIVE

1. The ability of MEP to accurately and efficiently collect and disburse support to Island

families is based upon the ability to accurately account for the payments and

disbursements of support under the Order/Agreement.

2. When a Payor under an Order or Agreement enrolled in MEP makes payments

directly to the Beneficiary, MEP’s Ledger of Payments becomes inaccurate, as it

would not reflect in the arrears balance the value of the payment outside of MEP.

3. Such circumstances, particularly when they happen on a continual basis, represent a

significant diversion of MEP resources, as corrections to Ledger of Payments and

accounting balances are administratively burdensome. In addition, if MEP is not

advised of the payments, enforcement activities may be initiated on the basis of

incorrect information.

4. From time to time, clients may disagree as to whether direct payments between them

were contributions towards support. As a neutral third party, MEP is unable to weigh

evidence and make credibility assessments and cannot make determinations when

there is dispute as to a payment outside of MEP.

5. In order to ensure the best use of MEP resources, this Policy sets out circumstances

and best practices for the withdrawal of Orders and Agreements of clients who

engage in continued direct payment despite enrollment in MEP.

PROVISIONS

6. Clients of MEP are expected to pay and accept payments under enrolled

Orders/Agreements through MEPS.

7. From time to time, Beneficiaries may, due to exceptional circumstances, require a

support payment or a portion of a support payment in advance of the regular payment

date under their support Agreement or Order. MEP, at the request of the clients, can

facilitate and properly account on the Payor’s ledger for such an advance.

8. In such circumstances, clients are expected to facilitate such payments through MEP.

However, in the event exceptional circumstances prevent the clients from facilitating

an advance or irregular payment through MEP, clients may agree to make a payment

directly between them.






Revised: 1 May 2018

9. In the event of such an exceptional circumstance, the Beneficiary must immediately

notify their EO of the amount of the accepted payment and complete and return a

signed FORM 605 – Acknowledgement of Payment Form within ten (10) business

days of the receipt of payment. The Acknowledgement of Payment Form must be

accompanied by documents that substantiate the payment (i.e., cleared cheque, e-

transfer acknowledgment, etc.).

10. In the event the Beneficiary receives a payment that cannot be substantiated, the EO

may request the Payor to sign an Acknowledgement of Payment Form.

11. The EO may exercise discretion and accept the Acknowledgement of Payment Form

and substantiated payments outside of the circumstances noted above in

circumstances where both clients consent to the substantiated payment being

considered a use of support (i.e., if the Payor pays a registration fee for an activity

directly to the third party, etc.).

12. If an EO becomes aware of a direct payment, they will contact the Beneficiary within

five (5) business days of discovering the payment, provide them with a copy of the

Acknowledgement of Payment Form, and direct them to this Policy.

13. If the Beneficiary is unable to provide the form within ten (10) business days, they are

to contact their EO, advise them of the reason for the delay, and request approval to

submit outside the timelines of this Policy. Any approval for delay will be noted in

the Contact Log in MEPS.

14. If the Beneficiary, without requesting approval, does not submit the

Acknowledgement of Payment Form on time or at all, the EO may recommend that

the DME decline to continue enforcing the Order.

15. If more than two Acknowledgement of Payment Forms are filed with MEP within a

calendar year, the DME may decline to enforce the Order and withdraw the file from

MEP.

16. The clients may not re-enroll with MEP for two (2) months, if their file is withdrawn

pursuant to section 14 of this Policy.

17. In the event that a decision to decline enforcement is made, the DME will notify the

clients in writing within seven (7) business days of the decision.






Revised: 1 May 2018

Dispute as to Payments Outside of the Program

18. From time to time, parties may disagree as to whether direct payments between them

were contributions towards support. As a neutral third party, MEP is unable to weigh

evidence and make credibility assessments. Further, enrollment in MEP requires all

support payments be facilitated through MEP.

19. As MEP is a neutral third party and cannot make determinations outside of a Court

Order or Agreement, where the clients disagree as to whether direct payments

between them were contributions towards support, MEP is unable to consider the

disputed payment as support and clients will be referred to the Child Support

Guidelines Office.







FORM 605 – Acknowledgement of

Payment Form

605 01 Nov 2017 1 of 1


Re: MEP Case Number [MEPCaseNumber]

Between: [BenefCourtOrderName] and [PayerCourtOrderName]

ACKNOWLEDGMENT OF PAYMENT FORM

Please check ONE of the items below.

“I”, the undersigned, _________________________________:

Please Print Name

Accepted a direct payment from the Payor on ___________, in the amount of

$__________. I accepted this payment directly because

_________________________________________________________________.

_________________________________________________________________.

I am aware that if more than two Acknowledgement of Payment Forms are filed

with MEP within a calendar year, the DME may decline to enforce the Order and

withdraw the file from MEP.

______________________________ ______________________________ Signature Print Name

DATED this ____ day of __________________, 20___.

Please return the signed original to the address below:

[EONameClosing]

Maintenance Enforcement Program [MEPAddress]

[MEPCity], PE, [MEPPostCode]

Fax Number: [MEPFax]





Arrears Collection – Inactive Files 606 01-July-2018 1 of 2

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP is a service that is available to assist in the collection and disbursement of

ongoing support obligations under Orders and Agreements. In the event arrears

accrue on MEP files, circumstances can arise where arrears remain on files where the

obligation to pay support has terminated (for example, when a spouse remarries or a

child is no longer considered dependent).

2. The collection and disbursement of ongoing support for dependent children and

currently entitled spouses is a significant priority of MEP. Significant time and

administrative resources are spent by MEP staff engaging in file reviews and

enforcement activities and in some circumstances this is done where the Beneficiary

of the arrears is no longer responsive to MEP.

3. To ensure the resources of MEP are most efficiently allocated, MEP requires ongoing

confirmation from Beneficiaries to continue taking enforcement steps on files where

support obligations have ceased.

4. This Policy sets out the obligations of Beneficiaries in requesting continued

enforcement to collect arrears under a terminated Order or Agreement to ensure the

most efficient allocation of resources.

PROVISIONS

5. Following a terminating event, (Policy 604 – File Status Change) if an outstanding

arrears balance remains on the file, the Beneficiary must complete FORM 604B –

Continued Arrears Collection Request Form for MEP to continue enforcement

activities to collect arrears.

6. The Beneficiary shall complete and submit the Form within fifteen (15) business days

of receiving a letter from the DME confirming the termination of support obligations

in order to confirm that they wish MEP to continue to enforce the collection of

arrears.

7. In the event that the Beneficiary does not respond or provide the Form within the

above timeline, a Notice of Upcoming Withdrawal will be sent to the Payor by the

DME indicating that there has been no response by the Beneficiary. The Notice of

Upcoming Withdrawal will request the Beneficiary complete the Continued Arrears

Collection Request Form, or the file will be closed by MEP within ninety (90) days of

the date of the Notice.





Arrears Collection – Inactive Files 606 01-July-2018 2 of 2

Revised: 1 May 2018

8. If the Beneficiary does not respond to the Notice of Upcoming Withdrawal, MEP will

move the file to “Inactive Arrears” on the date indicated in the letter.

9. If within twelve (12) months following the date the file is moved to Inactive, and no

contact is had with the Beneficiary, the file will be closed and withdrawn from MEP.

Ongoing Confirmation of Collection

10. Once annually, for files designated Active Arrears and where enforcement activities

have been unsuccessful and there is a current stay of enforcement as per Policy 704 –

Staying Enforcement Steps on an Order Enrolled with MEP, the EO will send a

letter to the Beneficiary requesting a new Continued Arrears Collection Request Form

to confirm that the Beneficiary wishes continued file reviews and steps be taken to

collect arrears.

11. If the Beneficiary does not respond with an updated request, the DME will follow

sections 7 and 8 of this Policy.

File Closing/Re-Opening

12. If continued enforcement activities to collect arrears are declined by the Beneficiary

or if the file is closed by MEP because of non-response by the Beneficiary within the

timelines of this Policy, the file is closed and the Ledger is cleared on MEPS.

13. In the event a Beneficiary wishes to re-open the arrears file with MEP for collection

following closure of the file, MEP will determine the eligibility of the file per the

Arrears Dispute section of Policy 502 –Determining Eligibility.

14. In the event there is disagreement regarding the current arrears balance or the Payor

does not respond to any requests to consent to the arrears amount, MEP will refer the

Beneficiary to the Child Support Guidelines Office for assistance in requesting a new

Order confirming the current arrears balance.







Enforcement Activity Continuum 701 01-July-2018 1 of 4

Revised: 1 May 2018

POLICY OBJECTIVE

1. The timely collection and disbursement of support obligations under Orders and

Agreements and enforcement of Orders and Agreements for Island families is the

paramount function of MEP.

2. MEP allows parties with Orders/Agreements where a Payor is non-compliant with

payment obligations to avail of a free service that uses enforcement and collection

activities that increase the possibility of collection.

3. Further, MEP can serve as a neutral intermediary that reduces conflict between

parties, as collection and disbursement can occur in a manner that limits interactions

between parties.

4. The enforcement functions of MEP are set out under legislation that governs MEP,

and MEP must be conducted in accordance with governing legislation and Court

direction. However, the determination of what enforcement actions are appropriate

rests with the discretion of EOs and the DME.

5. Public confidence in the administration of MEP requires that clients of MEP are

treated in a manner that is consistent, transparent, and accountable to individual

circumstances.

6. This Policy sets out best practice guidelines and a continuum for the enforcement

activities that are available to attempt to ensure collection of support obligations by

MEP.

PROVISIONS

Enforcement Continuum Procedure

7. The need to engage in enforcement activities is balanced by considerations of the

practical implications of such activities on the ability of the Payor to reasonably make

payments on the file, such as revoking a driver’s license may result in a loss of

employment which is counterproductive to collection and the threshold availability of

the particular enforcement activity (i.e. minimum arrears requirement for driver’s

license met).

8. To ensure consistent consideration of enforcement activities, MEP relies on an

enforcement continuum, which sets out best-practice guidelines for the consideration

of enforcement steps. The continuum is to be applied by EOs with specific






Revised: 1 May 2018

consideration to both the imperative to collect support and the circumstances of the

Payor.

9. Discretion in applying the continuum remains with the individual EOs and DME;

however, exercises of discretion must be based on evidence and be properly

documented with reasons on MEPS.

10. Some of the enforcement mechanisms available to MEP involve other departments or

agencies or other levels of government, and MEP is subject to their operational

demands. This may impact timelines in the enforcement continuum.

11. When applying the enforcement continuum, EOs exercise discretion based on the

operational realities of initiating and completing enforcement steps. The timeline is

intended to set expectations based on a progression of enforcement action once a step

is completed or an EO deems it appropriate to take additional enforcement steps

concurrently.

12. The enforcement continuum is as follows, and must be considered in conjunction

with the ability of MEP to locate the Payor and also Policy 704 – Staying

Enforcement Activities on an Order Enrolled with MEP:

I. If the Payor is in default by (7) business days, a default notice may be sent to

the Payor (the Payor is in default if the full payment is not received within the

month it becomes due).

II. If there has been no response within seven business (7) days, a collection

contact attempt may be made to the Payor by the assigned EO (i.e., call,

email, letter, text, etc.).

III. If the Payor responds to the collection contact, but is unable to make

immediate payment, the EO will initiate discussions with the Payor to

determine what steps the Payor will be taking to address the arrears and

ongoing support obligations to determine what, if any, further enforcement

steps may be required.

IV. If there is no response to the collection contact or the outstanding amount is

not paid in full within ten business (10) days of the client contact, then the EO

assigned to the file may take action to prepare the file for garnishment

proceedings (i.e., information demands, payment orders, etc.) and other

enforcement steps.

V. Where the payment/arrears remains outstanding for sixty (60) days, the EO

may initiate garnishment and interception proceedings, if available, based on

the arrears balance. Notices of upcoming enforcement actions (i.e., motor






Revised: 1 May 2018

vehicle license suspension and federal license suspension) may be sent to the

Payor.

VI. Where payment/arrears remains outstanding for ninety (90) days, the EO may

initiate the revocation process for federal and provincial licenses (i.e., motor

vehicle, passport, etc.).

VII. Where the payment/arrears remains outstanding for one hundred and twenty

(120) days, the EO may refer the file to the DME for Court enforcement

actions (i.e., default hearings, lien against real property, judgment against

corporation, etc.).

13. In the event that an EO is declining to take enforcement steps in the timelines set out

in the continuum, they will comply with Policy 704 – Staying Enforcement Steps

on an Order Enrolled with MEP.

Deterrent/Service Fees

14. An ongoing enforcement activity engaged by MEP is the levying of deterrent fees on

accounts in arrears. MEPS automatically charges a monthly fee on accounts with

outstanding balances. This fee is intended to deter Payors from defaulting on

payments and obligations under Orders and Agreements.

15. The DME has discretion to waive the fee in circumstances where the DME considers

such waiver appropriate.

16. Payors are also charged service fees in relation to enforcement actions including a

fee for default hearing, etc.

17. These fees are charged to the Payor as the administrative costs of non-compliance are

high. They are intended as a further and ongoing deterrent to non-compliance.

18. Payors are advised of the cost of fees via the notice of enforcement action, and the

fees are accounted for on the Payor’s ledger.

Status Updates to Beneficiary

19. It is important that EOs communicate with Beneficiaries to advise them what steps

are being taken to ensure the collection and disbursement of support obligations from

non-compliant Payors. However, MEP provides an IVR and Online service to clients

that make enforcement information available to the client via those services without

requiring having to contact an EO directly.






Revised: 1 May 2018

20. Persistent requests for updates for information available on the IVR and MEP website

by clients detract from MEP’s ability to conduct enforcement activity and

Beneficiaries must avail themselves of the IVR and MEP website, which provide

information about payments made on the file and enforcement activity.

21. For files with persistent arrears balances, the EO will send an update to the

Beneficiary every six (6) months, indicating broad enforcement steps taken (or, if the

EO has exercised discretion in declining certain enforcement activities, broad reasons

for doing so) until all enforcement activities have been exhausted.

22. Once all efforts have been exhausted, the EO will communicate with the Beneficiary

under the guidelines in Policy 704 – Staying Enforcement Steps on an Order

Enrolled with MEP.







Payor Compliance Plans 702 01-July-2018 1 of 4

Revised: 1 May 2018

POLICY OBJECTIVE

1. From time to time, circumstances may arise that will impact the ability of a

Payor to meet their monthly support obligations. These circumstances may

result in a need to apply to request a variation of an Order or to renegotiate an

Agreement.

2. MEP is obligated to collect or, failing successful collection, to accrue arrears

based on the current support Order or Agreement, regardless of the Payor’s

current circumstance. However, MEP can exercise discretion to stay

enforcement activities for a period of time to allow for the Payor to file an

application to vary in Court or to negotiate a new Agreement. In those

circumstances, a plan to ensure the Payor is in as much compliance as possible

needs to be made to ensure that support collected is maximized during any

potential transition.

3. To ensure public confidence in the administration of MEP, it is imperative

that Payor Compliance Plans are entered into:

i. on the basis of documentary information,

ii. for a limited period of time, and

iii. require commitment by the Payor to maximize payment during the

period of the Payor Compliance Plan.

4. The availability of the Child Support Guidelines Office in Prince Edward

Island greatly reduces the timelines for the processing of variation requests,

and MEP timelines under this Policy are designed in consideration of the

availability of that resource.

5. This Policy sets out best practice guidelines and timelines for Payor

Compliance Plans.

PROVISION

6. In the event a Payor indicates that they believe they have had a material

change in circumstance and will be seeking a change to an Order/Agreement,

and that Payor requests MEP to stay enforcement activities to permit the

application, the EO may consider entering into a Payor Compliance Plan

(PCP) with the Payor.






Revised: 1 May 2018

7. The determination of whether a PCP is appropriate will include consideration

of whether the Court imputed the Payor’s income on the original Order due to

intentional underemployment. PCPs will only be considered for a Payor with

imputed income in circumstances that are clearly exceptional.

8. In order to consider a PCP, the Payor must submit a completed Form 702A-

Current Financial Status Form to the EO.

9. The Current Financial Status Form must be accompanied by documents that

substantiate the information in the Current Financial Status Form and provide

indications that there has, in fact, been a change in circumstance. For

example:

a. Letter of Termination/Lay Off on employer letterhead;

b. If the request relates to recent unemployment, copies of submitted

applications for new positions including acknowledgment of receipt of

application from prospective employer;

c. Letter from the Payor’s Financial Institution indicating that Payor is

not eligible for a loan or financial assistance;

d. If the Payor has a corporate entity or entities, current bank statement

from corporation(s);

e. Copies of any applications for available social benefits;

f. Copies of NOA from year of Court Order and last NOA or ROE

(Record of Employment);

g. Name of Spouse or live in partner and Spouse’s/Partner Financial

Information including pay stubs;

h. Letter from treating physician confirming hospitalization or inability to

work;

i. Such further documents requested by the EO.

10. Within ten (10) business days of the receipt of all appropriate documents

required under section 9 of this Policy, the EO will review information and

determine whether it is appropriate to enter into a PCP.

11. If the EO determines that a PCP is not appropriate, the EO will provide notice

in writing to the Payor that the PCP is declined.

12. If the EO determines that a PCP is appropriate, the EO will determine the

appropriate terms that the Payor must comply with for the duration of the PCP






Revised: 1 May 2018

in order for continued staying of enforcement activities during the PCP and

advise the Payor.

13. The following terms are mandatory on any PCP, the Payor shall:

i. Shall within twenty (20) business days of the PCP, the Payor will file

with the Court an application to vary the current Order or Agreement;

ii. Shall make the maximum payment towards the support obligation and

arrears possible based on the EO’s review of the Payor’s circumstance

and that amount shall not be zero;

iii. Shall report bi-weekly to the EO regarding the status of attempts to

change financial circumstances;

iv. The PCP staying enforcement activities shall expire ninety (90) days

from the date of the agreement; and

v. Shall acknowledge that arrears are still collecting on the file on the

basis of the original Order and that unless the Order is varied and the

arrears expunged, following the expiration or removal of the PCP,

enforcement activities on the full current arrears balance will resume.

14. The EO may also put discretionary conditions as appropriate to the Payor’s

circumstance and information provided (i.e. Payor shall make a lump sum

payment on a particular date if there are upcoming financial proceeds).

15. The EO will complete FORM 702B – Payor Compliance Plan Form, which

will set out the terms of the Plan.

16. The PCP is only effective once the Payor signs the Payor Compliance Plan

Form.

17. The EO has discretion to terminate a PCP at anytime if the Payor does not

meet the obligations as outlined in the PCP.

Extension of the PCP

18. PCPs will only be extended in the following circumstances:

i. there is a delay in the Court variation hearing and the Payor is not

responsible for the delay ; or

ii. there is a delay in processing of the Payor’s file by the Child Support

Guidelines Office or by Payor’s counsel.






Revised: 1 May 2018

19. MEP retains discretion to terminate the PCP in the event of delays in

processing if the Payor is not complying with the PCP.

Notification to Beneficiary

20. In the event that an EO has agreed to enter into a PCP, the Beneficiary will be

notified in writing within seven (7) business days of the Payor signing the

PCP.

21. The Beneficiary shall be notified of the broad reasons for entering into the

PCP (i.e., loss of employment, medical reasons, etc.) and be provided a copy

of the signed PCP Form.







Form 702B- Payor Compliance

Plans

702 01 Nov 2017 1 of 1


PAYOR COMPLIANCE PLAN

FORM 702B

Payor: MEP File: Court File:

The Payor has provided documentation to satisfy MEP that there may have been a material

change in circumstance and has requested a stay of enforcement for a 90 day period to permit the

Payor to make an application to the Court to vary the terms of the Support Order. Arrears will

continue to collect on the file on the basis of the current order for the period of the PCP unless

and until the order changes or the arrears are expunged by court order or payment.

The Payor hereby agrees to the following Compliance Plan conditions:

1. Within twenty (20) business days, the Payor will file an application with the Court for

variation of the Support order. The application must be filed no later than

____________________.

2. The Payor will pay a minimum of $_________ per month toward the existing support

obligation;

3. The Payor will report bi-weekly on every second _____day to his/her EO on the status of

his/her efforts to change their circumstance starting on

_________________________(date);

4. This PCP will expire ninety (90) days from the date of this agreement, on

_________________________(date);

5. Other:

I, _____________________, agree to the terms of this Compliance Plan. I also acknowledge

that:

(i) this plan does not change the terms of my court order/support agreement; ______ (initial)

(ii) arrears will continue to collect on my file based upon the full amount of my current

support obligation; ______

(iii) if I do not comply with the terms of this plan, it will be revoked by my enforcement

officer and enforcement activities on the full amount of the arrears will resume

immediately; ______

Payor: _______________________ Witness: ________________ Date: ________________




Policy Title Policy

Number

Effective Date Page

Plans for Payment at Default Hearings 703 01-July-2018 1 of 4

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP will initiate Court enforcement actions against defaulting Payors to collect and

remit outstanding support payments to Beneficiaries when administrative

enforcement actions have been exhausted or are unsuccessful (with consideration to

Policy 701 – Enforcement Activity Continuum).

2. Court enforcement is a step that is taken to address the serious delinquency of Payors

who are in non-compliance with support obligations. Serious delinquency in support

obligations is detrimental to the well-being of Island families.

3. From time to time, Payors who have not responded to MEP may initiate contact as a

result of a Default Hearing Notice being served on them by MEP. Payors subject to a

Default Hearing may communicate to MEP circumstances and information that may

mean they have had a material change in circumstance or they may communicate

willingness to make payment(s) on support obligations.

4. A file that has reached the scheduling of a Default Hearing is indicative of serious

issues with compliance and, to ensure public confidence in the administration of

MEP, judicial approval of a plan to address non-compliance is reasonable at this

stage.

5. This Policy sets out best practice guidelines and requirements for Payors who wish to

engage in either a Payor Compliance Plan or a Payor Payment Plan when a file has

reached the Court enforcement stage.

PROVISIONS

Default Hearing

6. The Act provides that where a Payor defaults in the payment of support under an

Order or fails to comply with a requirement of the DME (e.g., apply for a variation),

the DME may apply to the Court for a hearing of the matter.

7. Typically, a Default Hearing will only be scheduled if all other enforcement actions

have been exhausted or if other enforcement actions are not available.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

Notice of Default Hearing

8. The DME may issue a Notice of Default Hearing on a Payor per the Act with

persistent arrears owed to the Beneficiary and/or MEP.

9. The Notice of Default Hearing obligates the Payor to appear before a Supreme Court

Judge to show cause why she/he is not complying with the terms of the Order.

10. The Notice also requires the Payor to submit FORM 702A - Current Financial

Status Form, and the DME will provide a current Statement of Arrears to the Court

and the Payor.

11. In the event that the Payor does not have a history of having had previous Default

Hearings, the Notice may include the option to meet with the DME and EO assigned

to the file in advance of the Default Hearing date to determine why the Payor is in

non-compliance.

Non-Compliance – Change in Circumstance

12. In the event that the non-compliance appears to be due to a change in circumstance,

and the Payor complies with Policy 702B - Payor Compliance Plans, the DME will

submit a copy of the Payor Compliance Plan and supporting documentation to the

Court for approval.

13. Payors seeking to request a Payor Compliance Plan are expected to attend at the

meeting with the DME with the required documentation to request the Plan.

14. In the event the Court approves the Payor Compliance Plan, the Default Hearing will

be adjourned for ninety (90) days (or the nearest available court date on or about

ninety (90) days from the approval of the Plan).

15. If prior to the adjourned hearing date the Payor’s order is varied or a variation

application has been scheduled and not yet heard, the Payor shall notify the DME and

provide the Court File number of the variation appearance and, subject to

confirmation with the Court, the hearing will be dismissed or further adjourned per

the direction of the Court.

16. In the event the Court rejects the Plan or the DME is not satisfied with the Payor’s

compliance with the Plan, the adjourned hearing will proceed as scheduled.




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

Non-Compliance – Payor Disregard for Order

17. In the event the non-compliance is due to Payor disregard (being anything other than

a change in circumstance) and at the meeting in advance of the Default Hearing the

Payor indicates a willingness to address the support and arrears, the DME may

complete FORM 703 – Payor Payment Plan with the Payor.

18. The Payor Payment Plan must be accompanied by FORM 702A - Current Financial

Status Form and supporting documentation for the Payor’s financial situation and

includes any relevant documentary information to support the Plan including, but not

limited to:

a. Confirmation of Employment/Employment Offer;

b. Letter of Termination/Lay Off on employer letterhead;

c. Copies of submitted applications for new positions including acknowledgment

of receipt of application from perspective employer;

d. Letter from the Payor’s financial institution indicating that Payor is not

eligible for a loan or financial assistance;

e. If Payor has a corporate entity or entities, current bank statement from

corporation(s);

f. Copies of any applications for available social benefits;

g. Copies of NOA from year of Court Order and last NOA or ROE;

h. stubs Letter from treating physician confirming hospitalization or inability to

work;

i. Name of Spouse or live in partner and Spouse’s/Partner financial information

including pay; and

j. Such further documents requested by the DME or the Court.

19. Payor’s seeking to request a Payor Payment Plan are expected to attend the meeting

with the DME along with the required documentation to request a Plan.

20. The Payor Payment Plan and supporting documentation will be submitted to the

Court for approval.

21. In the event the Court approves the Payor Payment Plan, the Default Hearing will be

adjourned for ninety (90) days (or the nearest available court date on or about ninety

(90) days from the approval of the Plan).




Policy Title Policy

Number

Effective Date Page


Revised: 1 May 2018

22. If prior to the adjourned hearing date the Payor’s order is varied or a variation

application has been scheduled and not yet heard, the Payor shall notify the DME and

provide the Court File number of the variation appearance and, subject to

confirmation with the Court, the hearing will be dismissed or further adjourned per

the direction of the Court.

23. In the event the Court rejects the Plan or the DME is not satisfied with the Payor’s

compliance with the plan, the adjourned hearing will proceed as scheduled.







Form 703 – Payor Payment Plan 703 01 Nov 2017 1 of 1


PAYOR PAYMENT PLAN

FORM 703

Payor: MEP File: Court File:

The Payor has provided documentation to satisfy MEP that he/she will make arrangements to pay

arrears and ongoing support on their MEP file. As a result, MEP will agree to adjourn the

scheduled default hearing on the Payor’s file for a 90 day period to permit the Payor to make such

payments and demonstrate compliance with their ongoing support obligations. Arrears will

continue to collect on the file on the basis of the current order/agreement for the period of the

Payment Plan unless and until the order/agreement changes or the arrears are expunged by court

order or payment.

The Payor hereby agrees to the following Payment Plan conditions:

1. The Payor will pay a minimum of $_________ per month toward the existing support

arrears;

2. The Payor will make a lump sum payment of $__________ on

_________________________(date) ;

3. The Payor will report bi-weekly on every second _____day to his/her EO on the status of

his/her efforts to meet the terms of the payment plan starting on

_________________________(date);

4. This Payment Plan will expire ninety (90) days from the date of this agreement, on

_________________________(date);

5. Other:

I, _____________________, agree to the terms of this Payment Plan. I also acknowledge

that:

(i) this plan does not change the terms of my court order/support agreement; ______ (initial)

(ii) arrears will continue to collect on my file based upon the full amount of my current

support obligation; ______

(iii) MEP may continue enforcement activities including payment orders and federal

interceptions, etc; and

(iv) if I do not comply with the terms of this plan, it will be revoked by my enforcement

officer and I will have to attend at a default hearing as scheduled; ______

Payor: _______________________ Witness: ________________ Date: ________________





Staying Enforcement Steps 704 01-July-2018 1 of 3

Revised: 1 May 2018

POLICY OBJECTIVE

1. MEP is committed to ensuring that support collected under Orders and Agreements

is maximized. Support orders provide necessary financial support for children and

spouses, and it is imperative that MEP takes all reasonable steps to enforce Orders

and Agreements.

2. MEP has a specific continuum for enforcement remedies available under legislation

and best practice timelines for taking those steps. However, from time to time,

circumstances may arise that result in a determination that enforcement steps are

not appropriate and enforcement activities may be stayed.

3. In those exceptional circumstances, it is important to ensure clients are aware of the

reasoning behind the exercise of the discretion to decline use of enforcement remedies.

4. It is also important for public confidence in the administration of MEP that

participants in MEP understand that MEP does not have the authority to change

support obligations, to forgive arrears, or to otherwise take steps that encourage

non-compliance.

5. A decision to decline to use enforcement remedies is not a statement on the

validity of an Order or Agreement and is subject to ongoing review to ensure that

in the event of a change in circumstance, additional steps may be taken.

6. This Policy sets out guidelines and best practices to ensure transparency,

accountability, and ongoing review of decisions to decline enforcement.

PROVISONS

Circumstances for Declining Enforcement

7. Circumstances that impact the decision of an EO or the DME to take steps under

Policy 701 – Enforcement Activity Continuum include, but are not limited to:

a. The Payor has died and there is no provision in the Order or Agreement

that support will be paid by the Payor’s estate;

b. The Beneficiary has died;

c. The dependent child(ren) has died;

d. A party has applied for a variation to an Order, due to a material change in

their financial circumstances;

e. A terminating event has occurred; see Policy 604 – File Status Change.






Revised: 1 May 2018

8. In the event that an EO is relying on information from a Payor relating to personal

circumstance to decline all enforcement steps, the requirements relating to

documentary evidence under Policy 702 – Payor Compliance Plans applies.

Review of Complete Stay of Enforcement Decisions

9. If an EO is considering declining all enforcement steps, a written request to the

DME outlining the request and reasons must be prepared. Upon receipt of the

request, the DME will review the file and the request, and confirm whether the

request is appropriate.

10. In the event the DME is considering declining enforcement steps on a file, the

review and confirmation will be done by the Manager.

11. The DME and Manager will respond to reviews under this section in writing

within five (5) business days of receiving the request, and it will be placed on the

MEP file.

12. The DME, upon review of a request under the above, will provide written reasons

for the resulting decision to the EO, and it will be placed on the MEP file.

Notification of Participants

13. In the event the EO is declining to take any enforcement steps on a file, within

five (5) business days of making the decision, the EO will provide the following

(if the client can be located):

a. To the Payor: A letter outlining the reasons enforcement is being declined

and a timeline for either a review of the decision or the duration of the stay

of enforcement activities as appropriate. In the event that the EO is

indicating a review timeline, the letter will indicate what information the

Payor will be required to provide at that time.

b. To the Beneficiary: A letter outlining broadly the reasons enforcement is

being declined and a timeline for a review of the decision or the duration

of the stay of enforcement activities, as appropriate.

Files with Persistent Arrears

14. In the event that there are persistent arrears on a file and an EO is declining to

take enforcement steps, the EO will prepare a status report for the Beneficiary

every six (6) months from the date the original decision to stay enforcement as to:






Revised: 1 May 2018

a. Enforcement action commenced on the file to date;

b. Broad reasons as to the stay of enforcement; and

c. Broad steps taken to review and update the information relating to the

Payor’s status.

15. At the time of the status report, the EO will engage in a review of the file to

determine if there is additional information available that may assist with

enforcement.

16. If a Beneficiary indicates, in writing, to an EO that they no longer wish to receive

a status report, the EO will note the request on the Enforcement Contact Log in

MEPS.

17. The EO may extend the timeline for providing a Beneficiary with a status report

pursuant to this section, if the EO has information that indicates that a Payor may

be unable to make payments for an extended period of time longer than six (6)

months (example: Payor is in jail).

Third Party Notifications

18. In the event that there is a third party involved in the file on behalf of a

Beneficiary or a Payor (i.e. Income Support, Reciprocal Jurisdictions, etc.),

notification under this Policy shall be interpreted as including them accordingly.



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