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

Act current to 2024-05-01 and last amended on 2023-11-15. Previous Versions

PART IRelease of Information (continued)

Applications for the Release of Information (continued)

Court (continued)

Marginal note:Non-disclosure of order

 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.

Marginal note:Application for release of information

  •  (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.

  • Marginal note: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.

Marginal note:Release of information — duty to inform

 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.

Marginal note:Information given to court

  •  (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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Application for release of information

  •  (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.

  • Marginal note:Supporting documents

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

  • Marginal note: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

Marginal note:Application for release of information

  •  (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.

  • Marginal note: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.

  • R.S., 1985, c. 4 (2nd Supp.), s. 15
  • 1996, c. 11, ss. 97, 99
  • 1997, c. 1, s. 19
  • 1999, c. 31, s. 91(F)
  • 2005, c. 35, s. 66, c. 38, ss. 111, 146
  • 2012, c. 19, s. 695
  • 2013, c. 40, s. 237
  • 2019, c. 16, s. 46

Provincial Child Support Service

Marginal note:Application for release of information

 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

Marginal note:Application for release of information

  •  (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.

  • Marginal note: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

Marginal note:Application for release of information

  •  (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.

  • Marginal note: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

Marginal note:Request to information bank directors

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

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Release of information — information banks

 Subject to the regulations, information in an information bank may be released by one information bank director to another information bank director or to the Minister to assist in conducting a search under this Part.

Marginal note:Transmission of information to Minister

 If information requested under this Part is found in an information bank, the information bank director of that information bank shall cause to be transmitted to the Minister, in accordance with the regulations, all information obtained during the search.

Marginal note:Release of information by Minister

 Subject to section 20, the Minister shall release to the applicant the information transmitted to the Minister under this Part.

Marginal note:Safeguards — provincial entities

  •  (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.

  • Marginal note: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.

Marginal note:Search request — Minister’s own initiative

 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.

Marginal note:Exception for security name changes

 No information may be released under this Part in respect of any person whose identity has been changed for security or law enforcement purposes.

Regulations

Marginal note:Regulations by Governor in Council

  •  (1) 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;

    • (a.1) prescribing the time and manner in which an application for the searching of information banks and the release of information under this Part may be made;

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

    • (c) setting out the time and manner in which searches for information under this Part are to be conducted;

    • (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;

    • (e) establishing the procedures to be followed for the transmission to the Minister of information found in any information bank searched under this Part;

    • (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

    • (f) generally, for carrying out the purposes and provisions of this Part.

  • Marginal note: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.

  • R.S., 1985, c. 4 (2nd Supp.), s. 22
  • 1997, c. 1, s. 20
  • 2019, c. 16, s. 49
 

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