A-13.1.1 - Individual and Family Assistance Act

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64. When an adult, or a member of the adult’s family, is a creditor of support, the adult must inform the Minister, in the manner prescribed by regulation, of any judicial proceeding concerning the obligation of support at least five days before the date the application is presented to the court. The adult must also inform the Minister of the submission or receipt of an application regarding support under the Act respecting the reciprocal issue and enforcement of support orders (chapter O-1.2), at least five days before the submission or not later than five days after the receipt of such an application, as the case may be.
The adult must, however, inform the Minister of the content of an agreement concerning the obligation of support at least 10 days before it is presented to the court, or, in the case of a joint procedure for the dissolution of a civil union, at least 10 days before the date on which the agreement is to be executed before a notary.
An agreement between the parties concerning the fixing or variation of support payments has no effect against the Minister.
In any proceeding for the fixation or variation of support payments, the court may, of its own motion, implead the Minister, or the Minister may, ex officio and without notice, intervene at any time and take part in the trial.
2005, c. 15, s. 64; I.N. 2016-01-01 (NCCP).
The second sentence of the first paragraph of section 64 is not in force. 2005, c. 15, s. 200; Order in Council 1072-2006 dated 22 CNovember 2006, (2006) 138 G.O. 2, 3875.
64. When an adult, or a member of the adult’s family, is a creditor of support, the adult must inform the Minister, in the manner prescribed by regulation, of any judicial proceeding concerning the obligation of support at least five days before the date the application is presented to the court. The adult must also inform the Minister of the submission or receipt of an application regarding support under the Act respecting the reciprocal issue and enforcement of support orders (chapter O-1.2), at least five days before the submission or not later than five days after the receipt of such an application, as the case may be.
The adult must, however, inform the Minister of the content of an agreement concerning the obligation of support at least 10 days before it is presented to the court, or, in the case of a joint procedure for the dissolution of a civil union, at least 10 days before the date on which the agreement is to be executed before a notary.
An agreement between the parties concerning the fixing or variation of support payments has no effect against the Minister.
In any proceeding for the fixation or variation of support payments, the court may, of its own motion, implead the Minister, or the Minister may, ex officio and without notice, intervene at any time and take part in the proof and hearing.
2005, c. 15, s. 64.
The second sentence of the first paragraph of section 64 is not in force. 2005, c. 15, s. 200; Order in Council 1072-2006 dated 22 November 2006, (2006) 138 G.O. 2, 3875.