On December 1, 2014, a new law came into effect in Saskatchewan that changed the powers and authority of the Maintenance Enforcement Office (the “MEO”). Saskatchewan currently has one of the country’s highest collection rates, having collected more than 91% of payments due last year. Notwithstanding the positive statistics, The Enforcement of Maintenance Orders Amendment Act, 2014 (amending The Enforcement of Maintenance Orders Act (Saskatchewan) was enacted to further ensure the cooperation of individuals who owe child or spousal support by expanding the MEO’s powers to collect delinquent payments. The MEO was established in 1986 and operates through the Ministry of Justice to help separated or divorced persons in Saskatchewan in the receipt of child or spousal support. The MEO registers recipients’ support orders, then records and monitors payments. If payments are missed or late, the MEO will take enforcement action against the party owing the payment (the “payor”). Enforcement actions available to the MEO include:

• garnishing wages;
• garnishing bank accounts;
• garnishing government payments to the payor;
• reporting the payor to a credit bureau;
• seizing and selling the payor’s property;
• registering a lien on the payor’s property;
• suspending the payor’s driver’s license; or
• enforcing orders against a corporation if it is owned solely by the payor or the payor and his/her family members.

The legislative amendments now allow the MEO to enforce a support order against assets within Saskatchewan that are owned by payors who reside outside the province. Amendments were also made to update the procedure involved in seizing property, income, and bank accounts such that the structure of enforcement is now similar to that used for the enforcement of judgments. Further, the MEO is now authorized to request information from individuals, employers, and government agencies about recipients as well as payors relating to their income, assets, debts, employment, location, status of dependants, or relationship to one another. These amendments were made in addition to a change announced in 2013 that allows the MEO to restrict the issuing of hunting and fishing licenses to payors who have failed to make support payments in accordance with their court order. Collectively, the changes to maintenance enforcement legislation enhance the MEO’s ability to ensure that payors meet their obligations under child and spousal support orders. About the author: Samantha is a student at law practicing in the Saskatoon office.  About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.