Release of Information for Family Orders and Agreements Enforcement Assistance Regulations (SOR/2023-125)

Definition

Marginal note:Definition of Act

1 In these Regulations, Act means the Family Orders and Agreements Enforcement Assistance Act.

Information Banks and Information Bank Directors

Marginal note:Designated information banks

• 2 (1) The following information banks are designated as information banks that may be searched under Part I of the Act:

  • (a) Old Age Security (ESDC PPU 116);

  • (b) Social Insurance Number Investigations and Reviews (ESDC PPU 118);

  • (c) Canada Pension Plan — Record of Earnings (ESDC PPU 140);

  • (d) Canada Pension Plan Program (ESDC PPU 146);

  • (e) Employment Insurance Program Investigation (ESDC PPU 171);

  • (f) Old Age Security Program Investigations and Reviews (ESDC PPU 336);

  • (g) Canada Pension Plan Program Investigations and Reviews (ESDC PPU 649);

  • (h) Insurance Claim File — Local Office (ESDC PPU 150);

  • (i) Employment Insurance Claim Files (ESDC PPU 151);

  • (j) Employment Insurance Bi-Weekly Claimant’s Report (ESDC PPU 155);

  • (k) Interstate Employment Insurance Claims (ESDC PPU 170);

  • (l) Benefit and Overpayment File (ESDC PPU 180);

  • (m) Listing of Employees by Nominal Roll (ESDC PPU 281);

  • (n) Employment Benefits, Support Measures and Other Programs (ESDC PPU 293);

  • (o) Employment Insurance Premium Reduction Program (ESDC PPU 301);

  • (p) Record of Employment (ESDC PPU 385);

  • (q) Social Insurance Number Register (ESDC PPU 390);

  • (r) Employment Insurance Databank (ESDC PPU 501);

  • (s) Individual Returns and Payment Processing (CRA PPU 005);

  • (t) T3 Assessment program (CRA PPU 015);

  • (u) Corporation Returns and Payment Processing (CRA PPU 047);

  • (v) Business Number and Program Account Registration (CRA PPU 223); and

  • (w) Specialty Business Returns (CRA PPU 224).

• Marginal note:Designated information bank directors

  (2) The following persons are designated as information bank directors:

  • (a) the Minister of Employment and Social Development, for the information banks referred to in paragraphs (1)(a) to (g);

  • (b) the Chairperson of the Canada Employment Insurance Commission, for the information banks referred to in paragraphs (1)(h) to (r); and

  • (c) the Minister of National Revenue, for the information banks referred to in paragraphs (1)(s) to (w).

Applications

Marginal note:Information

• 3 (1) An application for the release of information under Part I of the Act must contain the following information:

  • (a) an indication of whether the applicant is an official of a court, a peace officer, a provincial enforcement service, a provincial child support service or a designated authority, and

    • (i) if the applicant is an official of a court, the name of the court,

    • (ii) if the applicant is a peace officer, the name of the police force to which the officer belongs,

    • (iii) if the applicant is a provincial enforcement service, the name of that service and, if it is acting on behalf of another entity under section 6.2 of the Act, an indication of that fact and the name of the other entity, and

    • (iv) if the applicant is a provincial child support service or a designated authority, the name of that service or authority;

  • (b) the name of the individual completing the application;

  • (c) the reference number of the file, if applicable;

  • (d) the following information concerning the person in respect of whom information is requested:

    • (i) their name,

    • (ii) their date of birth,

    • (iii) their gender,

    • (iv) their phone number and email address, if known,

    • (v) their Social Insurance Number, if known, and

    • (vi) the surnames at birth of their parents, if known;

  • (e) the purpose of the application;

  • (f) an indication of the information being requested; and

  • (g) if the applicant is a provincial enforcement service, a provincial child support service or a designated authority, a declaration by the applicant stating that the information in the application is correct.

• The following provision is not in force.

  Marginal note:Corporation controlled indirectly

  (2) If information referred to in paragraph 5(1)(d) is being requested in respect of a corporation that is controlled indirectly by the person named in the application, the application must also contain an explanation of the basis on which indirect control is established.

Marginal note:Making of application

4 An application for the release of information under Part I of the Act is to be sent by mail to the Department of Justice, Family Law Assistance Services, Ottawa, Ontario K1A 0H8 or by the means of electronic communication set out in the agreement, entered into under section 3 of the Act, that applies to the applicant.

Release of Information

Marginal note:Court official

• 5 (1) For the purposes of subsection 12(1) of the Act, in the case of an application under section 7 of the Act in relation to the establishment or variation of a support provision, the information that is released to the official of the court is the information, from among the following, that is requested:

  • (a) the address of the person named in the application for the release of information;

  • (b) the name and address of the employer of the person named in the application for the release of information;

  • (c) the information related to the person named in the application for the release of information — other than their Social Insurance Number — that is set out in their

    • (i) Income Tax and Benefit Return (T1), including the schedules,

    • (ii) Notice of Assessment and Notice of Reassessment,

    • (iii) Statement of Trust Income Allocations and Designations (T3),

    • (iv) Statement of Remuneration Paid (T4),

    • (v) Statement of Pension, Retirement, Annuity, and Other Income (T4A),

    • (vi) Statement of Old Age Security (T4A(OAS)),

    • (vii) Statement of Canada Pension Plan Benefits (T4A(P)),

    • (viii) Statement of Distributions from a Retirement Compensation Arrangement (RCA) (T4A-RCA),

    • (ix) Statement of Employment Insurance and Other Benefits (T4E) or Statement of Employment Insurance and Other Benefits (Quebec) (T4EQ),

    • (x) Statement of Employee Profit-Sharing Plan Allocations and Payments (T4PS),

    • (xi) Statement of Income from a Registered Retirement Income Fund (T4RIF),

    • (xii) Statement of RRSP Income (T4RSP),

    • (xiii) Statement of Investment Income (T5),

    • (xiv) Statement of Real Estate Rentals (T776),

    • (xv) Statement of Employment Expenses (T777),

    • (xvi) Government Service Contract Payments (T1204),

    • (xvii) Statement of Farming Activities (T2042) and documents related to the AgriStability and AgriInvest programs,

    • (xviii) Statement of Fishing Activities (T2121),

    • (xix) Statement of Business or Professional Activities (T2125),

    • (xx) Declaration of Conditions of Employment (T2200),

    • (xxi) Statement of Benefits (T5007),

    • (xxii) Statement of Securities Transactions (T5008),

    • (xxiii) Statement of Partnership Income (T5013), and

    • (xxiv) Statement of Contract Payments (T5018); and

  • The following provision is not in force.

    (d) if the person named in the application for the release of information controls a corporation, directly or indirectly in any manner whatever, within the meaning of subsection 256(5.1) of the Income Tax Act, the information set out in that corporation’s Corporation Income Tax Return (T2), including the schedules.

• Marginal note:Enforcement of support provision

  (2) For the purposes of subsection 12(1) of the Act, in the case of an application under section 7 of the Act in relation to the enforcement of a support provision, the information that is released to the official of the court is the information, from among the following, that is requested:

  • (a) the address of the person named in the application for the release of information;

  • (b) the name and address of the employer of the person named in the application for the release of information; and

  • (c) for the taxation year preceding the taxation year in which the application for the release of information is made,

    • (i) the information related to the person named in the application for the release of information that is set out in their Income Tax and Benefit Return (T1), other than their Social Insurance Number and information set out only in the schedules,

    • (ii) the information set out in their Notice of Assessment and Notice of Reassessment, other than their Social Insurance Number, and

    • (iii) the name and address of each person and entity from which they received income and the amount of income received from each.

• Marginal note:Prior taxation year

  (3) If the information referred to in subparagraph (2)(c)(i) is not found in an information bank for the taxation year referred to in paragraph (2)(c), the information that is released under that subparagraph is the information for the year preceding the taxation year referred to in that paragraph.

• Marginal note:Enforcement of other family provisions

  (4) For the purposes of subsection 12(1) of the Act, in the case of an application under section 7 of the Act in relation to the enforcement of a parenting provision, contact provision, custody provision or access provision, the information that is released to the official of the court is the information, from among the following, that is requested:

  • (a) the address of the person named in the application for the release of information;

  • (b) the name and address of the employer of the person named in the application for the release of information;

  • (c) the name and address of the child or children referred to in clause 9(1)(a)(iii)(B) of the Act; and

  • (d) the name and address of the employer of the child or children referred to in clause 9(1)(a)(iii)(B) of the Act.

Marginal note:Duty to inform — time and manner

6 For the purposes of section 12.1 of the Act, the Minister must send the copy of the order and the notice by mail to the last known address of the person referred to in paragraph 8(2)(a) or 9(2)(a) of the Act within 10 business days after the day on which the Minister receives the application by the official of the court for the release of information.

Marginal note:Peace officer

7 For the purposes of subsection 14(1) of the Act, the information that is released to the peace officer is the information, from among the following, that is requested:

• (a) the address of the person named in the application for the release of information;

• (b) the name and address of the employer of the person named in the application for the release of information;

• (c) the name and address of the child or children who is or are alleged to have been abducted; and

• (d) the name and address of the employer of the child or children who is or are alleged to have been abducted.

Marginal note:Provincial enforcement service

• 8 (1) For the purposes of subsection 15(1) of the Act, in the case of an application for the release of information that is made for the purpose set out in paragraph 15(2)(a) of the Act, the information that is released to the provincial enforcement service is the information, from among the following, that is requested:

  • (a) the address of the person named in the application for the release of information;

  • (b) the name and address of the employer of the person named in the application for the release of information;

  • (c) the Social Insurance Number of the person named in the application for the release of information; and

  • (d) for the taxation year preceding the taxation year in which the application for the release of information is made,

    • (i) the information related to the person named in the application that is set out in their Income Tax and Benefit Return (T1), other than information set out only in the schedules,

    • (ii) the information set out in the Notice of Assessment and Notice of Reassessment of the person named in the application, and

    • (iii) the name and address of each person and entity from which the person named in the application received income and the amount of income received from each.

• Marginal note:Prior taxation year

  (2) If the information referred to in subparagraph (1)(d)(i) is not found in an information bank for the taxation year referred to in paragraph (1)(d), the information that is released under that subparagraph is the information for the year preceding the taxation year referred to in that paragraph.

• Marginal note:Parenting, contact, custody or access provision

  (3) For the purposes of subsection 15(1) of the Act, in the case of an application for the release of information that is made for the purpose set out in paragraph 15(2)(b) of the Act, the information that is released to the provincial enforcement service is the information, from among the following, that is requested:

  • (a) the address of the person named in the application for the release of information;

  • (b) the name and address of the employer of the person named in the application for the release of information;

  • (c) the name and address of the child or children referred to in paragraph 15(2)(b) of the Act; and

  • (d) the name and address of the employer of the child or children referred to in paragraph 15(2)(b) of the Act.

• Marginal note:Creditor or debtor

  (4) For the purposes of subsection 15(1) of the Act, in the case of an application for the release of information that is made for the purpose set out in paragraph 15(2)(c) of the Act, the information that is released to the provincial enforcement service is the address of the person named in the application.

• Marginal note:Exception — prior agreements

  (5) Paragraphs (1)(c) and (d) and subsection (4) apply only in respect of a provincial enforcement service of a province that has, under section 3 of the Act, entered into an agreement that has an effective date that is no earlier than the day on which this subsection comes into force.

• Marginal note:Application on behalf of another entity

  (6) Despite subsections (1) to (5), if the provincial enforcement service is acting on behalf of another entity under section 6.2 of the Act, the information that is released to the provincial enforcement service is the information that would be released to the other entity under section 9 or 10 of these Regulations.

Marginal note:Provincial child support service

• 9 (1) For the purposes of section 15.1 of the Act, the information that is released to the provincial child support service is the information, from among the following, that is requested:

  • (a) the address of the person named in the application for the release of information;

  • (b) the name and address of the employer of the person named in the application for the release of information; and

  • (c) for the taxation year preceding the taxation year in which the application for the release of information is made, the information related to the person named in the application — other than their Social Insurance Number — that is set out in their

    • (i) Income Tax and Benefit Return (T1), other than information set out only in the schedules,

    • (ii) Notice of Assessment and Notice of Reassessment,

    • (iii) Statement of Remuneration Paid (T4),

    • (iv) Statement of Real Estate Rentals (T776),

    • (v) Statement of Employment Expenses (T777), and

    • (vi) Declaration of Conditions of Employment (T2200).

• Marginal note:Prior taxation year

  (2) If the information referred to in subparagraph (1)(c)(i) is not found in an information bank for the taxation year referred to in paragraph (1)(c), the information that is released under that subparagraph is the information for the year preceding the taxation year referred to in that paragraph.

Marginal note:Designated authority

10 For the purposes of subsection 16(1) of the Act, the information that is released to the designated authority is the following:

• (a) in the case of an application for the release of information that is made for a purpose described in paragraph 16(2)(a) of the Act, the address of the person named in the application for the release of information; and

• (b) in the case of an application for the release of information that is made for a purpose described in paragraph 16(2)(b) of the Act, the province, territory, country or political subdivision of a country where the person named in the application for the release of information resides.

Amendments to These Regulations

Repeal

14 The Release of Information for Family Orders and Agreements Enforcement RegulationsFootnote ¹ are repealed.

• Return to footnote ¹SOR/87-315; SOR/2002-278, s. 1

Coming into Force

Marginal note:S.C. 2019, c. 16

• Footnote ^*15 (1) Subject to subsection (2), these Regulations come into force on the day on which subsection 49(1) of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Marginal note:First anniversary

  (2) Subsection 3(2), subparagraphs 5(1)(c)(ii) to (xxiv), paragraph 5(1)(d), subparagraphs 5(2)(c)(ii) and (iii), 8(1)(d)(ii) and (iii) and 9(1)(c)(ii) to (vi) and sections 11 to 13 come into force on the first anniversary of the day on which subsection 49(1) of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, chapter 16 of the Statutes of Canada, 2019, comes into force.

• Return to footnote ^*[Note: Regulations, except subsection 3(2), subparagraphs 5(1)(c)(ii) to (xxiv), paragraph 5(1)(d), subparagraphs 5(2)(c)(ii) and (iii), 8(1)(d)(ii) and (iii) and 9(1)(c)(ii) to (vi) and sections 11 to 13, in force November 15, 2023; subsection 3(2), subparagraphs 5(1)(c)(ii) to (xxiv), paragraph 5(1)(d), subparagraphs 5(2)(c)(ii) and (iii), 8(1)(d)(ii) and (iii) and 9(1)(c)(ii) to (vi) and sections 11 to 13 in force November 15, 2024, see SI/2023-19.]