Below are some general points of the process when FRO is trying to take your Driver’s Licence away.
Before FRO (Family Responsibility Office) suspends a driver’s licence, the payor receives a notification via mail. It is called a First Notice to Suspend Driver’s Licence.
The First Notice to Suspend Driver’s Licence from gives the payor limited time to take action. Pursuant to section 34 of the Family Responsibility and Support Arrears Enforcement Act, FRO must provide notice. It informs the payor that his or her driver’s licence may be suspended. Within 30 days after the day the first notice is served, the payor can do one of the following: (a) the payor can make an arrangement satisfactory to the Director for complying with the support order and to pay the arrears owing under the support order; (b) the payor can obtain an order to refrain under subsection 35 (1) and files the order in the Director’s office; or (c) the payor can pay all arrears owing under the support order.
It is essential to understand the various options available to avoid the consequences. One key consideration is ensuring your support payments are being deducted directly from your income source. This can help streamline the process and ensure timely and consistent payments. In some cases, you may be able to resolve the issue by arranging a payment plan. On that note, it is important to note that FRO can accept payments through various methods. It includes cheques or money orders.
However, if you believe that the ongoing support is improper, you need to apply for a refraining order in court.
Legislative Deadlines Related to FRO (Family Responsibility Office) Are Final
Pursuant to the legislation and applicable caselaw, the court does not have authority to make a refraining order against FRO (Family Responsibility Office) after the legislatively mandated deadline. This means, the payor will have to bring a motion against FRO (Family Responsibility Office) in court (and have it heard) prior to the deadline. Considering backlogs in courthouses across Ontario, it is paramount to take all scheduling and administrative steps right away upon being served with the First Notice to Suspend Driver’s Licence.
Test for a Refraining Order Against FRO (Family Responsibility Office)
The governing case authority for stays of enforcement against FRO (Family Responsibility Office) is Yip v Yip, which held that a motion to stay enforcement should only be granted where the Support Payor:
- makes out a prima facie case for variation; and
- comes before the court with “clean hands”
Yip v. Yip, CanLII 4472 (ON SC) at paras 12-14
In the decision of Turk v Ontario (Family Responsibility Office), the Superior Court of Justice affirmed that the test for a Refraining Order.
Turk v Ontario (Family Responsibility Office), 2016 ONSC 1106 at para 8.
Clean Hands – The Support Payor’s Financial Disclosure
Pursuant to subsection 35(7) of the FRSAEA, which mandates driver’s licence suspension made by FRO (Family Responsibility Office), a Support Payor who makes a motion for an order to refrain must serve and file a sworn Financial Statement and proof of income in the motion. Pursuant to subsections 15(1) and 15(3) of the Ont. Reg. 167/97 (FRSAEA), a Support Payor must provide copies of income tax returns and notices of assessment for the last three (3) years and three (3) most recent statements of earnings.
Section 35(7) of the FRSAEA, 1996, SO 1996, CHAPTER 31
Subsections 15(1) and (3) of the Ont. Reg. 167/97
The Court’s Authority to Order a Passport Suspension Refraining Order – Deadlines Are Paramount
It is important to remember that the applicable legislation regarding the issue of federal licence denials made by FRO (Family Responsibility Office) (which include a payor’s passport, boat licence, etc.) is Family Orders and Agreements Enforcement Assistance Act, R.S.C., 1985, c. 4 (2nd Supp.) (the federal legislation, not provincial). However, the same legislative deadline of 30 days after being served with the notice to take action (including having had a hearing requesting a refraining order) is applicable in this situation. In other words, a refraining motion must be heard prior to the suspension of the passport (or other federal licence). Having said the above, even if the payor brought a motion on time, the court’s jurisdiction has a fairly narrow scope.
The Case of Ryckman v. Camick
One of more recent cases Ryckman v. Camick, 2020 ONSC 5429 (CanLII) has clarified the issues discussed in this article related to passport suspension made by FRO (Family Responsibility Office). To summarize the main principles from that case, below are important takeaways:
- The court does not have authority to make FRO (Family Responsibility Office) reinstate the federal licence after FRO has suspended it.
- The court’s authority to make a refraining order against FRO (Family Responsibility Office) has a narrow scope limited by the following qualifiers: “the court only had discretion to make an order if the support payor complied with the FOAEA and entered into an acceptable payment plan or satisfied the Director that he was unable to pay the arrears and that the license suspension was unreasonable” (Ryckman v Camick at para 30).
However, sometimes, in the interests of justice, the courts did make certain satisfactory orders. This means, a lot will depend on the circumstances and you need a lawyer who has proper knowledge in this specialized and unique area of law. Evgeniy Osipov, the principal lawyer at PLS (Progressive Legal Solutions) also acts as a Panel Lawyer for FRO (Family Responsibility Office) and knows the applicable legislations and caselaw. He will be able to help with any matter related to FRO (Family Responsibility Office).
If you need to find government forms related to FRO (Family Responsibility Office, you can follow this link).
Contact Family Responsibility Office (FRO):
phone: (416) 326-1818
address: 125 Sir William Hearst Ave, Bldg B
Toronto, ON M3M 0B6
