“The Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31 (“FRSAEA”) is a statutory code for the enforcement of support orders in Ontario. By FRSAEA subsection 20(6), the operation or enforcement of a support deduction order is not affected by a stay of enforcement unless the underlying support order is also stayed.
A payor may seek relief regarding the amount that is being deducted for arrears under a support deduction order: FRSAEA subsection 27(1)(c). The combined effect of FRSAEA subsections 20(6) and 27(1)(c) is that the Director may consent only to a stay of the amount deducted for arrears. To obtain a full stay of enforcement, the support payor must not only obtain a stay of enforcement against the Director, FRO, but also a stay of the underlying support order against the support recipient.
The support recipient is the proper party to respond to a request for a stay of the support order, while the Director responds to enforcement issues, including a stay of deductions for arrears.
In Garneau v. Ontario (Director, Family Responsibility Office), 2010 ONSC 2804, the moving party sought an order suspending the enforcement of spousal support obligations. Justice Quinlan summarized the statutory scheme at paras. 31-33:
[31] The Director has a duty to enforce support orders filed with her office and the authority to determine by what means her duties are to be carried out. An order staying the Director’s enforcement power would preclude FRO from exercising its legislative mandate.
[32] The Director is required to enforce a support deduction order that is filed in her office until the related support order is terminated and there are no arrears owing or until the support order and support deduction orders are withdrawn.
[33] A support deduction order is not affected by an order staying the enforcement of the related support order unless the support order is also stayed. Proceedings to stay an ongoing support obligation raise issues of entitlement as the support payor is seeking to vary, albeit temporarily, support payments agreed to between the payor and the recipient. The Director is not a party to such proceedings.”