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
Department of Justice and Public Safety
_
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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
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Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
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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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
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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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
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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.
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List of Abbreviations 102 01-July-2018 1 of 2
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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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
List of Definitions & Policy
Interpretation
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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
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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.)
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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
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Department of Justice and Public Safety
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List of Definitions & Policy
Interpretation
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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.
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Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
List of Definitions & Policy
Interpretation
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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.
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Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
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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.
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Revising Policy and Procedures 104 01-July-2018 2 of 2
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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
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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.
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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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
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Code of Conduct 201 01-July-2018 3 of 3
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.
AUTHORITIES AND REFERENCES
8. Civil Service Act, R.S.P.E.I. 1988, Cap. C-8
9. Government of Prince Edward Island - Employee Orientation Manual
10. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1; and General
Regulations, PEI Reg EC41/13.3
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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
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Conflict of Interest 202 01-July-2018 2 of 2
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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.
AUTHORITIES AND REFERENCES
10. Civil Service Act, R.S.P.E.I. 1988, Cap. C-8
11. Human Resources Policy and Procedures Manual (5.03 Conflict of Interest)
12. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1; and General
Regulations, PEI Reg EC41/13.3
Province of Prince Edward Island
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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.
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Quality Control Review Process 203 01-July-2018 2 of 4
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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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Number
Effective Date Page
Quality Control Review Process 203 01-July-2018 3 of 4
Revised: 19 June 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Quality Control Review Process 203 01-July-2018 4 of 4
Revised: 19 June 2018
AUTHORITIES AND REFERENCES
21. Civil Service Act, R.S.P.E.I. 1988, Cap. C-8
22. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
AUTHORITIES AND REFERENCES
18. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1; and General
Regulations, PEI Reg EC41/13.3
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 2 of 9
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;
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 3 of 9
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 4 of 9
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 5 of 9
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 6 of 9
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 7 of 9
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 8 of 9
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Security 302 01-July-2018 9 of 9
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.
AUTHORITIES AND REFERENCES
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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:
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
AUTHORITIES AND REFERENCES
9. Freedom of Information and Protection of Privacy Act, R.S.P.E.I. 1988, Cap.
F-10
10. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Payment Processing 304 01-July-2018 2 of 2
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Payment Processing 304 01-July-2018 3 of 2
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
Revised: 01 November 2017
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.
Revised: 01 November 2017
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 2 of 9
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 3 of 9
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 4 of 9
Revised: 1 May 2018
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),
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 5 of 9
Revised: 1 May 2018
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 6 of 9
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 7 of 9
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 8 of 9
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communications – General 401 01-July-2018 9 of 9
Revised: 1 May 2018
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.
AUTHORITIES AND REFERENCES
65. Family Orders and Agreements Enforcement Assistance Act, RSC 1985, c. 4
(2nd Supp)
66. Freedom of Information and Protection of Privacy Act, R.S.P.E.I. 1988, Cap.
F-15.01
67. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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
administration of MEP.
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Disclosure of Information to Clients 402 01-July-2018 2 of 4
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;
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Disclosure of Information to Clients 402 01-July-2018 3 of 4
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Disclosure of Information to Clients 402 01-July-2018 4 of 4
Revised: 1 May 2018
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)
22. Freedom of Information and Protection of Privacy Act, R.S.P.E.I. 1988, Cap.
F-15.01
23. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communication with and
Information Disclosure to
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communication with and
Information Disclosure to
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communication with and
Information Disclosure to
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Communication with and
Information Disclosure to
Third Parties
403 01-July-2018 5 of 5
Revised: 1 May 2018
AUTHORITIES AND REFERENCES
28. Freedom of Information and Protection of Privacy Act, R.S.P.E.I 1988, Cap. F-
15.01
29. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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
administration of MEP.
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
FORM 404 – RESOLUTION
REQUEST FORM
404 01 Nov 2017 1 of 1
Revised: 01 November 2017
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: _____________________
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Enrollment - Overview 501 01-July-2018 2 of 5
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Enrollment - Overview 501 01-July-2018 3 of 5
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Enrollment - Overview 501 01-July-2018 4 of 5
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Enrollment - Overview 501 01-July-2018 5 of 5
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.
AUTHORITIES AND REFERENCES
34. Interjurisdictional Support Orders Act, R.S.P.E.I. 1988, Cap. I-4.2
35. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
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:
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:
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Determining Eligibility 502 01-July-2018 2 of 3
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Determining Eligibility 502 01-July-2018 3 of 3
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.
AUTHORITIES AND REFERENCES
16. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Variation of Orders/Agreements 503 01-July-2018 2 of 3
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Variation of Orders/Agreements 503 01-July-2018 3 of 3
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.
AUTHORITIES AND REFERENCES
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
26. Interjurisdictional Support Orders Act, R.S.P.E.I. 1988, Cap. I-4.2
Province of Prince Edward Island
Department of Justice and Public Safety Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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
Province of Prince Edward Island
Department of Justice and Public Safety Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Updating Support
Obligations
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.
AUTHORITIES AND REFERENCES
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
26. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
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;
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Case Management 601 01-July-2018 2 of 6
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Case Management 601 01-July-2018 3 of 6
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Case Management 601 01-July-2018 4 of 6
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Case Management 601 01-July-2018 5 of 6
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Case Management 601 01-July-2018 6 of 6
Revised: 1 May 2018
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.
AUTHORITIES AND REFERENCES
42. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Special and Extraordinary Expenses 602 01-July-2018 2 of 5
Revised: 1 May 2018
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Special and Extraordinary Expenses 602 01-July-2018 3 of 5
Revised: 1 May 2018
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Special and Extraordinary Expenses 602 01-July-2018 4 of 5
Revised: 1 May 2018
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Special and Extraordinary Expenses 602 01-July-2018 5 of 5
Revised: 1 May 2018
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.
AUTHORITIES AND REFERENCES
39. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Revised: November 01, 2017
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Voluntary Withdrawal of
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).
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Voluntary Withdrawal of
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.
AUTHORITIES AND REFERENCES
20. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
FORM 603 – Request to
Withdraw
603 01 Nov 2017 1 of 1
Revised: 01 November 2017
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]
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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;
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Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
File Status Change 604 01-July-2018 2 of 6
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
File Status Change 604 01-July-2018 3 of 6
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
File Status Change 604 01-July-2018 4 of 6
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
File Status Change 604 01-July-2018 5 of 6
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
File Status Change 604 01-July-2018 6 of 6
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.
AUTHORITIES AND REFERENCES
34. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
FORM 604A – CHILD STATUS
FORM
604 01 Nov 2017 1 of 2
Revised: 01 November 2017
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
FORM 604A – CHILD STATUS
FORM
604 01 Nov 2017 2 of 2
Revised: 01 November 2017
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
FORM 604B - Continued Arrears
Collection Request Form
604 01 Nov 2017 1 of 1
Revised: 01 November 2017
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]
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Direct Payments to Beneficiaries 605 01-July-2018 2 of 3
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Direct Payments to Beneficiaries 605 01-July-2018 3 of 3
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.
AUTHORITIES AND REFERENCES
20. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
FORM 605 – Acknowledgement of
Payment Form
605 01 Nov 2017 1 of 1
Revised: 01 November 2017
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]
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
AUTHORITIES AND REFERENCES
15. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Enforcement Activity Continuum 701 01-July-2018 2 of 4
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Enforcement Activity Continuum 701 01-July-2018 3 of 4
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Enforcement Activity Continuum 701 01-July-2018 4 of 4
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.
AUTHORITIES AND REFERENCES
23. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Payor Compliance Plans 702 01-July-2018 2 of 4
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
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Payor Compliance Plans 702 01-July-2018 3 of 4
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Payor Compliance Plans 702 01-July-2018 4 of 4
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.
AUTHORITIES AND REFERENCES
22. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Form 702B- Payor Compliance
Plans
702 01 Nov 2017 1 of 1
Revised: 01 November 2017
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: ________________
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Plans for Payment at Default Hearings 703 01-July-2018 2 of 4
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Plans for Payment at Default Hearings 703 01-July-2018 3 of 4
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).
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy
Number
Effective Date Page
Plans for Payment at Default Hearings 703 01-July-2018 4 of 4
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.
AUTHORITIES AND REFERENCES
24. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Form 703 – Payor Payment Plan 703 01 Nov 2017 1 of 1
Revised: 01 November 2017
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: ________________
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
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.
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Staying Enforcement Steps 704 01-July-2018 2 of 3
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:
Province of Prince Edward Island
Department of Justice and Public Safety
Maintenance Enforcement Program Policy and Procedures
Policy Title Policy Number Effective Date Page
Staying Enforcement Steps 704 01-July-2018 3 of 3
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.
AUTHORITIES AND REFERENCES
19. Maintenance Enforcement Act, R.S.P.E.I. 1988, Cap. M-1