Family Orders and Agreements Enforcement Assistance Act

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Sections665

• 1Short title

  This Act may be cited as the Family Orders and Agreements Enforcement Assistance Act.

• 2Definitions
• 2(1)

  In this Part,

• 2[p2]
• 2(1)[p3]

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

• 2[p3]
• 2(1)[p4]Repealed

  access right[Repealed, 2019, c. 16, s. 43]

• 2[p4]
• 2(1)[p5]

  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)

• 2[p5]
• 2(1)[p6]

  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)

• 2[p6]
• 2(1)[p7]Repealed

  court[Repealed, 2019, c. 16, s. 43]

• 2[p6](a)
• 2(1)[p8]

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

• 2[p6](b)
• 2(1)[p9]

  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)

• 2[p6](c)
• 2(1)[p10]

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

• 2[p10]
• 2(1)[p11]

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

• 2[p11]
• 2(1)[p12]

  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)

• 2[p12]
• 2(1)[p13]

  Minister means the Minister of Justice; (ministre)

• 2[p13]
• 2(1)[p14]Repealed

  order[Repealed, 2019, c. 16, s. 43])

• 2[p14]
• 2(1)[p15]

  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)

• 2(1)[p16]

  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)

• 2(1)[p17]

  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)

• 2(1)[p18]Repealed

  provincial information bank[Repealed, 2019, c. 16, s. 43]

• 2(1)[p19]

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

• 2(2)Definition of order

  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.

• 3Agreements with provinces for application of Part

  With the approval of the Governor in Council, the Minister may, on behalf of the Government of Canada, enter into agreements with each of the provinces concerning the searching for and the release of information under this Part.

• 4Contents of agreements

  Every agreement with a province under section 3 must provide for

• 4(a)

  the establishment of safeguards in the province for the protection of information released under this Part.

• 4(b)Repealed

  [Repealed, 2019, c. 16, s. 44]

• 5Designation

  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.

• 5.1Agreement 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.

• 5.1(2)Contents of agreement

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

• 8(1)(c)
• 6Agreements regarding comprehensive pension plans

  With the approval of the Governor in Council, the Minister of Employment and Social Development may, on behalf of the Government of Canada, enter into an agreement with each province providing a comprehensive pension plan, as defined under the Canada Pension Plan, for the purpose of obtaining the approval of that province for

• 6(a)

  the creation, for the purposes of this Act, of an information bank to be controlled by the Department of Employment and Social Development in respect of contributors to and beneficiaries under that comprehensive pension plan; and

• 6(b)

  the release of information under this Part from the information bank referred to in paragraph (a) and from any other information bank controlled by the Department of Employment and Social Development that contains information in respect of contributors to and beneficiaries under that comprehensive pension plan.

• 9(a)
• 6.1Form of application

  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.

• 9(b)
• 6.2Provincial enforcement service acting on behalf of other entities

  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.

• 9(b)(i)
• 7Application to court

  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.

• 9(b)(ii)
• 8Contents of application — establishment or variation of support provision
• 9(c)
• 8(1)

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

• 9(d)
• 8(1)(a)

  an affidavit that sets out the reasons for the making of the application; and

• 9(e)
• 10 and 11
• 8(1)(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.

• 8(2)Ex parte application

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

• 12(a)
• 8(2)(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

• 12(b)
• 8(2)(b)

  set out the particulars of those reasonable steps.

• 8(3)Ex parte application by individual

  If the application is made ex parte by an individual,

• 13(a)
• 8(3)(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

• 13(b)
• 8(3)(b)

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

• 13(c)
• 8(3)(b)(i)

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

• 8(3)(b)(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,

• 8(3)(b)(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

• 8(3)(b)(iv)

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

• 14(2)(a)
• 9Contents of application — enforcement of family provision
• 14(2)(b)
• 9(1)

  The application under section 7 in relation to the enforcement of a family provision must be accompanied by

• 14(2)(c)
• 9(1)(a)

  an affidavit that

• 14(2)(d)
• 9(1)(a)(i)

  sets out the reasons for the making of the application,

• 9(1)(a)(ii)

  alleges a breach of the family provision, and

• 14(3.1)Supporting documents for peace officer
• 9(1)(a)(iii)

  sets out particulars of the breach and identifies the person who

• 14(3.1)(a)
• 9(1)(a)(iii)(A)

  if the family provision is a support provision, is in arrears, or

• 14(3.1)(b)
• 9(1)(a)(iii)(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

• 14(4)Contents of affidavit
• 9(1)(b)

  a copy of the order containing the family provision.

• 14(4)(a)
• 9(2)Ex parte application

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

• 14(4)(b)
• 9(2)(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

• 14(4)(b)(i)
• 9(2)(b)

  set out the particulars of those reasonable steps.

• 14(4)(b)(ii)
• 9(3)Ex parte application by individual

  If the application is made ex parte by an individual,

• 14(4)(c)
• 9(3)(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

• 14(4)(d)
• 9(3)(b)

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

• 14(4)(e)
• 9(3)(b)(i)

  state that the sole purpose of the application is to obtain information to enforce the family provision,

• 14(4)(e)(i)
• 9(3)(b)(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,

• 14(4)(e)(ii)
• 9(3)(b)(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

• 14(5)Idem
• 9(3)(b)(iv)

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

• 10Authorization

  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

• 14(5)(a)
• 10(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;

• 14(5)(b)
• 10(b)

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

• 14(5)(c)
• 10(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.

• 14(5)(c)(i)
• 11Non-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.

• 14(5)(c)(ii)
• 12Application 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.

• 12(2)Supporting documents

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

• 16(a)
• 12.1Release 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.

• 16(a)(i)
• 13Information given to court
• 16(a)(ii)
• 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.

• 16(a)(iii)
• 13(2)Sealing of information

  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.

• 16(b)
• 13(3)Disclosure of information

  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.

• 16(c)
• 14Application for release of information
• 16(d)
• 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.

• 14(2)Supporting documents

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

• 14(3)Contents of affidavit

  The affidavit must

• 14(3)(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;

• 14(3)(b)

  state that the information will be used in the investigation of the offence;

• 14(3)(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

• 14(3)(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.

• 15Application for release of information
• 22(a)
• 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.

• 22(a.1)
• 15(2)Purposes

  An application may be made

• 22(b)
• 15(2)(a)

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

• 22(c)
• 15(2)(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

• 22(d)
• 15(2)(c)

  to locate a creditor or debtor under a support provision.

• 22(e)
• 15.1Application 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.

• 22(f)
• 16Application 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.

• 16(2)Purposes

  An application may be made

• 23(1)[p98]
• 16(2)(a)

  to obtain assistance with the processing of an application made

• 23(1)[p99]
• 16(2)(a)(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

• 23(1)[p100]
• 16(2)(a)(ii)

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

• 23(1)[p101]
• 16(2)(b)

  to obtain assistance with the processing of an application that could be made

• 23(1)[p102]
• 16(2)(b)(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

• 23(1)[p103]
• 16(2)(b)(ii)

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

• 23(1)[p104]
• 16.1Application for release of information
• 23(1)[p105]
• 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.

• 23(1)[p106]
• 16.1(2)Purposes

  An application may be made

• 23(1)[p107]
• 16.1(2)(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

• 16.1(2)(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.

• 17Request 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.

• 17(2)Request by Minister

  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.

• 17(3)Purposes

  A request may be made

• 17(3)(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

• 17(3)(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.

• 17(4)Search of information banks

  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.

• 18Release 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.

• 19Transmission 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.

• 19.1Release of information by Minister

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

• 20Safeguards — 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.

• 20(2)Safeguards — peace officer

  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.

• 20.1Search 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.

• 21Exception 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.

• 22Regulations by Governor in Council