Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

AMENDMENTS NOT IN FORCE

• — 2019, c. 16, s. 43

  • • 43 (1) The definitions access right, court, order and provincial information bank in section 2 of the Act are repealed.

    • 1996, c. 11, par. 99(b); 1999, c. 17, s. 158; 2005, c. 38, par. 138(i); 2013, c. 40, s. 229

      (2) The definitions custody provision, family provision, information bank director, provincial enforcement service and support provision in section 2 of the Act are replaced by the following:

      custody provision

      custody provision means a provision of an order providing for custody of a child; (disposition de garde)

      family provision

      family provision means a support provision, a parenting provision, a contact provision, a custody provision or an access provision; (disposition familiale)

      information bank director

      information bank director means a person who is designated by the regulations as the information bank director for a given information bank; (directeur de fichier)

      provincial enforcement service

      provincial enforcement service means any entity that is entitled under the laws of a province to enforce family provisions and that is designated in an agreement with the province entered into under section 3; (autorité provinciale)

      support provision

      support provision means a provision of an order for maintenance, alimony or support; (disposition alimentaire)

    • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

      access provision

      access provision means a provision of an order providing for access to a child; (disposition prévoyant l’accès)

      central authority

      central authority means any person or entity that is acting as a central authority for the purposes of a convention prescribed by the regulations and that is designated in an agreement entered into with a province under section 3; (autorité centrale)

      contact provision

      contact provision means a provision in an order made under subsection 16.5(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition sur les contacts)

      designated authority

      designated authority means any person or entity that is responsible under the Divorce Act or a provincial Act for processing inter-jurisdictional support applications and that is designated in an agreement with a province entered into under section 3; (autorité désignée)

      information bank

      information bank means an information bank that is designated by the regulations; (fichier)

      parenting provision

      parenting provision means a provision in an order made under subsection 16.1(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition parentale)

      provincial child support service

      provincial child support service means any entity that is designated in an agreement with a province entered into under section 3, and that calculates or recalculates the amount of child support; (service provincial des aliments pour enfants)

    • (4) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:

      • Definition of order

        (2) For the purposes of subsection (1), paragraphs 8(1)(b) and 9(1)(b) and subparagraphs 16(2)(a)(ii) and (b)(ii), unless a contrary intention appears, order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province.

• — 2019, c. 16, s. 45

  • 45 Section 5 of the Act is replaced by the following:

    • Designation

      5 The Minister and a province may designate, in an agreement made under section 3, one or more provincial child support services, provincial enforcement services, designated authorities and central authorities for the purposes of this Part.

    • Agreement with police force

      • 5.1 (1) The Minister may, on behalf of the Government of Canada, enter into an agreement with any police force in Canada for the search for and the release of information under this Part.

      • Contents of agreement

        (2) The agreement must provide for the establishment of safeguards for the protection of information released under this Part.

• — 2019, c. 16, s. 46

  • 1993, c. 8, ss. 6 to 9, ss. 10(1), (2), (4) and (5) and s. 11; 1997, c. 1, s. 17 and 18; 2005, c. 38, s. 146; 2012, c. 19, subpar. 695(d)(ii); 2013, c. 40, par. 237(1)(g)

    46 The heading before section 7 and sections 7 to 17 of the Act are replaced by the following:

    Applications for the Release of Information

    General Provisions

    • Form of application

      6.1 An application under this Part for the release of information must be in the form approved by the Minister and contain the information prescribed by the regulations.

    • Provincial enforcement service acting on behalf of other entities

      6.2 For the purposes of this Part, a provincial enforcement service may act on behalf of a provincial child support service, designated authority or central authority.

    Court

    • Application to court

      7 Any person, body or service that is seeking to have a support provision established or varied or that is entitled to have a family provision enforced may, on application, which may be made ex parte, request that a court authorize an official of the court to make an application under section 12.

    • Contents of application — establishment or variation of support provision

      • 8 (1) The application under section 7 in relation to the establishment or variation of a support provision must be accompanied by

        • (a) an affidavit that sets out the reasons for the making of the application; and

        • (b) in the case of an application in relation to the variation of a support provision, a copy of the order that contains the support provision.

      • Ex parte application

        (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also

        • (a) state that reasonable steps have been taken to locate the person in respect of whom the applicant is seeking to have a support provision established or varied and that the person has not been located; and

        • (b) set out the particulars of those reasonable steps.

      • Ex parte application by individual

        (3) If the application is made ex parte by an individual,

        • (a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

        • (b) the affidavit referred to in paragraph (1)(a) must also

          • (i) state that the sole purpose of the application is to obtain information for the establishment or variation of a support provision,

          • (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person referred to in paragraph 2(a), or with the child or children that is, are or may be the subject of the support provision, or there is a proceeding respecting such a restriction,

          • (iii) state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

          • (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.

    • Contents of application — enforcement of family provision

      • 9 (1) The application under section 7 in relation to the enforcement of a family provision must be accompanied by

        • (a) an affidavit that

          • (i) sets out the reasons for the making of the application,

          • (ii) alleges a breach of the family provision, and

          • (iii) sets out particulars of the breach and identifies the person who

            • (A) if the family provision is a support provision, is in arrears, or

            • (B) if the family provision is a parenting provision, contact provision, custody provision or access provision, is believed to have with them the child or children who is or are the subject of the provision; and

        • (b) a copy of the order containing the family provision.

      • Ex parte application

        (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also

        • (a) state that reasonable steps have been taken to locate the person, child or children referred to in subparagraph (1)(a)(iii) and that the person, child or children has or have not been located; and

        • (b) set out the particulars of those reasonable steps.

      • Ex parte application by individual

        (3) If the application is made ex parte by an individual,

        • (a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

        • (b) the affidavit referred to in paragraph (1)(a) must also

          • (i) state that the sole purpose of the application is to obtain information to enforce the family provision,

          • (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person, child or children referred to in subparagraph (1)(a)(iii), or there is a proceeding respecting such a restriction,

          • (iii) state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

          • (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.

    • Authorization

      10 A court seized of a valid application under section 7 may make an order in writing authorizing an official of the court to make an application under section 12, if the court is satisfied

      • (a) that the sole purpose of the application is to obtain information for the establishment or variation of a support provision or the enforcement of a family provision;

      • (b) that the order is not likely to jeopardize the safety or security of any person; and

      • (c) in the case of an ex parte application, that the steps referred to in paragraph 8(2)(a) or paragraph 9(2)(a), as the case may be, have been taken.

    • Non-disclosure of order

      11 In the case of an application made ex parte by an individual, the court may order that the Minister shall not, under section 12.1, send to the person referred to in paragraph 8(2)(a) or 9(2)(a), as the case may be, a copy of the order that authorizes the making of the application and a notice informing them that information will be released.

    • Application for release of information

      • 12 (1) An official who is authorized to do so under section 10 may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the official.

      • Supporting documents

        (2) The application must be accompanied by a copy of the order made under section 10 that authorizes the making of the application.

    • Release of information — duty to inform

      12.1 Unless the court orders otherwise, if the application is made ex parte by an individual, the Minister shall release information under this Part to the official who made the application only if the Minister has sent to the person referred to in paragraph 8(2)(a) or 9(2)(a) a copy of the order that authorizes the making of the application and a notice informing them that information will be released.

    • Information given to court

      • 13 (1) If information is released under this Part to an official who is authorized under section 10 to apply for the release under section 12, the official shall give the information to the court that granted the authorization.

      • Sealing of information

        (2) The information received by the official and subsequently given to the court shall be sealed and kept in a location to which the public has no access.

      • Disclosure of information

        (3) The court may, for the purpose of establishing or varying a support provision or enforcing a family provision, disclose the information to any person, service or body or official of the court that it considers appropriate and may make any order to protect the confidentiality of the information.

    Peace Officer

    • Application for release of information

      • 14 (1) A peace officer who is investigating a child abduction under section 282 or 283 of the Criminal Code may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the peace officer.

      • Supporting documents

        (2) The application must be accompanied by an affidavit submitted by the peace officer in accordance with subsection (3).

      • Contents of affidavit

        (3) The affidavit must

        • (a) state that the officer has reasonable grounds to believe that an offence referred to in section 282 or 283 of the Criminal Code has been committed;

        • (b) state that the information will be used in the investigation of the offence;

        • (c) identify the person who is believed to have committed the offence and the child or children who is or are alleged to have been abducted; and

        • (d) state that reasonable steps have been taken to locate the person, child or children and that the person, child or children has or have not been located, and set out particulars of those reasonable steps.

    Provincial Enforcement Service

    • Application for release of information

      • 15 (1) A provincial enforcement service may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial enforcement service.

      • Purposes

        (2) An application may be made

        • (a) to obtain information about a person who is in arrears under a support provision in order to enforce the provision;

        • (b) to locate a person who is in breach of a parenting provision, a contact provision, a custody provision or an access provision and who is believed to have with them the child or children who is or are the subject of the provision; or

        • (c) to locate a creditor or debtor under a support provision.

    Provincial Child Support Service

    • Application for release of information

      15.1 A provincial child support service may, in order to calculate or recalculate the amount of child support, apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial child support service.

    Designated Authority

    • Application for release of information

      • 16 (1) A designated authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the designated authority.

      • Purposes

        (2) An application may be made

        • (a) to obtain assistance with the processing of an application made

          • (i) under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the parties habitually reside in different provinces, or

          • (ii) under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order; or

        • (b) to obtain assistance with the processing of an application that could be made

          • (i) under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the prospective parties habitually reside in different provinces, or

          • (ii) under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order.

    Central Authority

    • Application for release of information

      • 16.1 (1) A central authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the central authority.

      • Purposes

        (2) An application may be made

        • (a) to respond to a request for assistance made under a convention that is prescribed by the regulations for the purpose of this paragraph; or

        • (b) to obtain assistance with the processing of an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.

    Search of Information Banks and Release of Information

    • Request to information bank directors

      • 17 (1) On the receipt of an application under this Part, the Minister shall immediately transmit a search request to the information bank directors.

      • Request by Minister

        (2) On the Minister’s own initiative and for a purpose described in subsection (3), the Minister may transmit a search request to the information bank directors in order to release the information prescribed by the regulations to the Minister.

      • Purposes

        (3) A request may be made

        • (a) to locate a person named in a request for assistance made under a convention that is prescribed by the regulations for the purpose of this paragraph; or

        • (b) to locate a person named in an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.

      • Search of information banks

        (4) On the receipt of a search request, the information bank directors shall, in accordance with the regulations, cause their designated information banks to be searched immediately and then periodically during the 12-month period following the receipt of the request.

• — 2019, c. 16, s. 48

  • 48 Section 20 of the Act is replaced by the following:

    • Safeguards — provincial entities

      • 20 (1) The Minister shall release information under this Part to an applicant that is a provincial enforcement service, a provincial child support service, a designated authority or a central authority only if the province of the applicant has entered into an agreement under section 3 and the Minister is satisfied that the safeguards provided for in the agreement are in place.

      • Safeguards — peace officer

        (2) The Minister shall release information under this Part to an applicant who is a peace officer only if the police force to which the officer belongs has entered into an agreement under section 5.1 and the Minister is satisfied that the safeguards provided for in the agreement are in place.

    • Search request — Minister’s own initiative

      20.1 If a search request is made by the Minister on the Minister’s own initiative under subsection 17(2), the Minister may release the information to a person that the Minister considers appropriate.

• — 2019, c. 16, s. 49

  • • 49 (1) The portion of section 22 of the Act before paragraph (a.1) is replaced by the following:

      • Regulations by Governor in Council

        22 Subject to subsection (2), the Governor in Council may make regulations

        • (a) prescribing the information that must be contained in an application for the release of information under this Part;

    • (2) [In force]

    • (3) Paragraph 22(b) of the Act is replaced by the following:

      • (b) designating the information banks that may be searched under this Part and the information bank directors for those information banks;

    • (4) [In force]

    • (5) Paragraph 22(d) of the Act is replaced by the following:

      • (d) prescribing the conditions under which information may be released under section 18 by one information bank director to another or to the Minister;

      • (d.1) prescribing the information that is released to an applicant under this Part, which information may vary according to the applicant to whom the information is released;

    • (6) Section 22 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):

      • (e.1) respecting the time and manner in which the Minister must send a copy of an order and a notice under section 12.1;

      • (e.2) prescribing or providing for anything that by this Part is to be prescribed or provided for by the regulations; and

    • (7) Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following:

      • Limitation

        (2) Regulations with respect to the release of taxpayer information, as defined in section 241 of the Income Tax Act, may be made under subsection (1) only on the recommendation of the Minister with the concurrence of the Minister of Finance.

• — 2019, c. 16, s. 51

  • • 51 (1) The definitions support order and support provision in subsection 23(1) of the Act are repealed.

    • (2) and (3) [In force]

    • (4) Subsection 23(1) of the Act is amended by adding the following in alphabetical order:

      order

      order means any of the following — whether interim or final — that is enforceable in a province:

      • (a) an order, judgment, decision or agreement for maintenance, alimony or support,

      • (b) an order or judgment respecting expenses that are incurred as a result of the denial of, or the failure to exercise, parenting time, custody, access or contact, or

      • (c) an order, judgment or agreement respecting expenses that are related to the exercise of parenting time, custody or access in the case of the child’s relocation, as defined in subsection 2(1) of the Divorce Act or provincial law; (ordonnance)

• — 2019, c. 16, s. 52

  • 52 Section 24 of the Act is replaced by the following:

    • Her Majesty may be garnisheed

      24 Despite any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of orders, be garnisheed in accordance with this Part in respect of all garnishable moneys.

• — 2019, c. 16, s. 54

  • 1993, c. 8, s. 15; 1997, c. 1, s. 21

    54 Sections 28 and 29 of the Act are replaced by the following:

    • Service binds Her Majesty for 12 years

      28 Subject to the provisions of this Part and the regulations, service on the Minister of an application in the form approved by the Minister that contains the information prescribed by the regulations and of a garnishee summons binds Her Majesty for 12 years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.

    • Calculation of 12-year period

      29 For the purposes of section 28, the 12-year period begins on the expiry of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.

• — 2019, c. 16, s. 66

  • 66 Section 53 of the Act is replaced by the following:

    • Multiple garnishee summonses

      53 If more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor, the garnishee summonses shall be honoured in the manner specified in the regulations.

• — 2019, c. 16, s. 69

  • 1993, c. 8, s. 18(1)

    • 69 (1) [In force]

    • (2) Subsection 61(b) of the Act is replaced by the following:

      • (b) prescribing the information that must be contained in an application referred to in section 28;

    • (3) to (5) [In force]

    • (6) Paragraph 61(h) of the Act is replaced by the following:

      • (h) respecting the manner in which garnishee summonses must be honoured where there is more than one garnishee summons in respect of the same judgment debtor;

    • (7) [In force]