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The Family Responsibility and Support Arrears Enforcement Act, 1996 is a provincial law that gives us the authority to collect and enforce spousal and child support.

However, the federal Indian Act may, in some instances, limit our ability to collect support payments. This is because the federal Indian Act protects property and income held on reserve by a Status Indian.

When the support payor is a Status Indian, our ability to collect and enforce the support order will depend on the Indian Status of the support recipient and any children.

 

When the support recipient and children are Status Indians.

We can take enforcement action against the payor's property or wages earned on a reserve.

 

When the support recipient or children are Non-Status Indians.

We cannot take enforcement action against any property or income that the support payor holds on reserve.

However, we can take other enforcement actions that do not involve property or income held on reserve. For example, we can:

  • issue a support deduction notice for off-reserve income
  • issue a Writ of Seizure and Sale against off-reserve property
  • suspend the payor's driver's licence, and
  • summon the payor to a Default Hearing.

 

When the support recipient is a Non-Status Indian, and the children are Status Indians.

To make sure that the children receive the support to which they are entitled, we can act as a trustee on behalf of the support recipient for the funds collected from the payor.

 

Learn More
 

Family Responsibility Office

 

Ministry of Community and Social Services

 

AccessON

Explore Government

 

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