New, proposed legislation could lead to ICBC being able to cancel the driver’s licence of someone who are more than $3,000 in arrears on child and spousal support payments.
In such circumstances at the moment, the Family Maintenance Enforcement Program (FMEP) can only instruct ICBC to refuse to issue or renew a driver's licence only at the time of renewal.
The provincial government has introduced two legislative amendments that, if passed, it says “will strengthen maintenance enforcement orders and ensure that children and families have the supports they are entitled to through the FMEP.”
The first amendment, according to the government’s press release, will allow ICBC to cancel the driver's licence of a person with substantial arrears, “creating the possibility of immediate consequences for non-payment.”
The second amendment, if approved by the legislature, will replace a requirement to file the entirety of an order or agreement related to child or spousal support in the Land Titles Registry, with a simplified requirement to submit pertinent information only.
This change will streamline processes and help prevent the unnecessary public disclosure of sensitive information.
FMEP helps families and children who are entitled to child support and spousal support under maintenance orders or agreements.
The program receives payments from the person required to pay maintenance and sends the money to the person entitled to maintenance.
In many cases, the individual makes payments voluntarily but, if necessary, FMEP will take steps to collect outstanding maintenance on behalf of the recipient.
Federal and provincial laws already give FMEP the authority to take a number of actions against persons with substantial arrears, including passport-application denial and intercepting funds owing to the person, such as tax refunds and employment insurance benefits.
The changes are expected to take effect within 60 to 90 days, should the legislation pass.
Since its inception in 1988-89, over $3.6 billion has been paid through FMEP to over 140,000 families and children, who might not otherwise have received support payments.
About 70,000 parents are currently enrolled in the FMEP and overall, the payment rate on all cases is approximately 92 per cent.
