An Act to provide for the release of information that may assist in locating persons in default and other persons and to permit, for the enforcement of support orders and support provisions, the garnishment and attachment of certain moneys payable by Her Majesty in right of CanadaFamily Orders and Agreements Enforcement Assistance ActFamily Orders and Agreements Enforcement Assistance201105
30
F-1.44 (2nd Supp.)1985[1986, c. 5, assented to 13th February, 1986]SHORT TITLEShort titleThis Act may be cited as the Family Orders and Agreements Enforcement Assistance Act.RELEASE OF INFORMATIONInterpretationDefinitionsIn this Part,access rightdroit d’accèsaccess right means a right, granted in an order or agreement, of access to or visitation of a child;courttribunalcourt means a court having jurisdiction with respect to the enforcement of family provisions;custody provisiondisposition de gardecustody provision means a provision of an order or agreement awarding custody of a child;family provisiondisposition familialefamily provision means a support provision, a custody provision or an access right;information bank directordirecteur de fichierinformation bank director meanswith respect to any of the information banks controlled by the Department of Social Development that may be searched under this Part, the Minister of Social Development,with respect to any of the information banks controlled by the Canada Employment Insurance Commission that may be searched under this Part, the Chairman of the Canada Employment Insurance Commission, andwith respect to any of the information banks controlled by the Canada Revenue Agency that may be searched under this Part, the Minister of National Revenue;MinisterministreMinister means the Minister of Justice;orderordonnanceorder means any order or judgment, or interim order or judgment, relating to family support, custody or access that is enforceable in a province;provincial enforcement serviceautorité provincialeprovincial enforcement service means any service, agency or body designated in an agreement with a province under section 3 that is entitled under the laws of the province to enforce family provisions;provincial information bankfichier provincialprovincial information bank means a source of information designated in an agreement made under section 3;support provisiondisposition alimentairesupport provision means a provision of an order or agreement for maintenance, alimony or family financial support and includes any order for arrears of payments thereof.
R.S., 1985, c. 4 (2nd Supp.), s. 2;
1996, c. 11, ss. 95, 97(E), 99;
1997, c. 1, s. 16;
1999, c. 17, s. 158;
2005, c. 35, ss. 66, 67, c. 38, s. 138.
Previous VersionFederal-Provincial AgreementsAgreements with provinces for application of PartWith 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.Contents of agreementsEvery agreement with a province under section 3 must provide forthe establishment of safeguards in the province for the protection of information released under this Part; andthe designation of the provincial information bank or banks that, subject to this Part, must be searched before information may be released under this Part.Designation of provincial enforcement servicesThe Minister and a province may designate in an agreement made under section 3 one or more provincial enforcement services for the purposes of this Part.Agreements regarding comprehensive pension plansWith the approval of the Governor in Council, the Minister of 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 forthe creation, for the purposes of this Act, of an information bank to be controlled by the Department of Social Development in respect of contributors to and beneficiaries under that comprehensive pension plan; andthe 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 Social Development that contains information in respect of contributors to and beneficiaries under that comprehensive pension plan.
R.S., 1985, c. 4 (2nd Supp.), s. 6;
1996, c. 11, ss. 95, 97;
2005, c. 35, s. 53.
Previous VersionApplications to CourtApplications to courtAny person, service, agency or body entitled to have a family provision enforced may, by ex parte application, request that the court apply for the release to the court of information under this Part.
R.S., 1985, c. 4 (2nd Supp.), s. 7;
1993, c. 8, s. 6.
Applications in relation to family provisionsAn application under section 7 in relation to a family provision must be accompanied bya certified copy of the order, or a copy of the agreement, containing the support provision, custody provision or access right to which the application relates;an affidavit in accordance with section 9; andsubject to subsection (2), proof, as supplied by the province where the court seized of the application has jurisdiction, that the provincial information banks designated with respect to that province have been searched for information helpful in locating, as the case may be, the person who is in arrears under the support provision or the child or children who is or are the object of the custody provision or access right.Where proof not necessaryThe proof referred to in paragraph (1)(c) is not necessary where the affidavit in support of the application discloses that there are reasonable grounds to believe that the person, child or children referred to in that paragraph has or have left the province of the court seized of the application.Contents of affidavitAn affidavit in support of an application under section 7 in relation to a family provision mustallege a breach of the family provision;set out particulars of the breach and identify the person whowhere the family provision is a support provision, is in arrears, orwhere the family provision is a custody provision or access right, is believed to have possession of the child or children who is or are the object of the custody provision or access right;disclose that reasonable steps have been taken to locate the person who is in arrears or the child or children who is or are the object of the custody provision or access right and that the person, child or children have not been located;set out particulars of the reasonable steps referred to in paragraph (c); andwhere the affidavit is not accompanied by the proof referred to in paragraph 8(1)(c), disclose that there are reasonable grounds to believe that the person, child or children referred to in paragraph (c) has or have left the province of the court seized of the application to which the affidavit relates and set out information in support of that belief.[Repealed, 1993, c. 8, s. 7]Court shall grant authorizationA court seized of a valid application under section 7 shall, if it is satisfiedthat reasonable steps have been taken to locate the person, child or children to whom the application relates, andwhere it is alleged that the person, child or children to whom the application relates has or have left the province of the court, that the allegation is based on reasonable grounds,grant an authorization in writing authorizing any judge of that court or any officer thereof, as the case may be, to apply for the release of information under this Part.
R.S., 1985, c. 4 (2nd Supp.), s. 12;
1993, c. 8, s. 8.
Applications for the Release of InformationApplications for the release of informationSubject to this Part, the following, namely,a judge of a court or any officer thereof, if authorized to do so under section 12,a provincial enforcement service, ora peace officer investigating a child abduction pursuant to section 282 or 283 of the Criminal Code,may apply to the Minister, in the manner prescribed by the regulations, to have the information banks referred to in section 15 searched for the information referred to in section 16 and to have any such information found in those information banks released on a confidential basis.
R.S., 1985, c. 4 (2nd Supp.), s. 13;
1993, c. 8, s. 9;
1997, c. 1, s. 17.
Form of applicationAn application under section 13 for the release of information must contain the information and be in the form prescribed by the regulations.Supporting documentsWhere an application under section 13 is made by a person referred to in paragraph 13(a), the application must be accompanied bya copy of the family provision to which the application relates;the applicant’s authorization under section 12;a copy of the affidavit submitted in support of the application for the authorization; andwhere the applicant’s affidavit does not contain the allegation referred to in paragraph 9(e), proof, as supplied by the province where the court that granted the authorization has jurisdiction, that the provincial information banks designated with respect to that province have been searched for information helpful in locating the person, child or children to whom the application relates.Supporting documents for provincial enforcement serviceWhere an application under section 13 is made by a provincial enforcement service, the application must be accompanied by an affidavit submitted by an officer of the provincial enforcement service in accordance with subsection (4).Supporting documents for peace officerWhere an application under section 13 is made by a peace officer investigating a child abduction pursuant to section 282 or 283 of the Criminal Code, the application must be accompanied bya copy of the information to which the application relates; andan affidavit, submitted by the peace officer in accordance with subsection (5).Contents of affidavitAn affidavit submitted by an officer of a provincial enforcement service mustallege a breach of the family provision;set out particulars of the breach and identify the person whowhere the family provision is a support provision, is in arrears, orwhere the family provision is a custody provision or an access right, is believed to have possession of the child or children who is or are the object of the custody provision or access right;disclose that reasonable steps have been taken to locate the person who is in arrears or the child or children who is or are the object of the custody provision or access right and that the person, child or children has or have not been located;set out particulars of the reasonable steps referred to in paragraph (c); anddisclosethat the provincial information banks designated with respect to the province of the provincial enforcement service have been searched for information helpful in locating the person who is in arrears or the child or children who is or are the object of the custody provision or access right, orthat there are reasonable grounds to believe that the person, child or children referred to in subparagraph (i) has or have left the province of the provincial enforcement service, and set out information in support of that belief.IdemAn affidavit submitted by a peace officer mustdisclose that reasonable steps have been taken to locate the person against whom the information was laid and the child or children alleged to have been abducted and that the person, child or children has or have not been located;set out particulars of the reasonable steps referred to in paragraph (a); anddisclosethat the provincial information banks designated with respect to the province where the information was laid have been searched for information helpful in locating the person, child or children referred to in paragraph (a), orthat there are reasonable grounds to believe that the person, child or children referred to in paragraph (a) has or have left the province where the information was laid, and set out information in support of that belief.
R.S., 1985, c. 4 (2nd Supp.), s. 14;
1993, c. 8, s. 10;
1997, c. 1, s. 18.
Information banks that may be searchedThe information banks that may be searched under this Part are the information banks designated by the regulations from among the information banks controlled by the Department of Social Development, the Canada Revenue Agency and the Canada Employment Insurance Commission.
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.
Previous VersionInformation that may be releasedThe information that may be searched for and released under this Part isthe address of the person who, as the case may be,is in arrears under the support provision to which the application relates,is believed to have possession of the child or children who is or are the object of the custody provision or access right to which the application relates, oris believed to have possession of the child or children who is or are the object of the investigation pursuant to section 282 or 283 of the Criminal Code to which the application relates;the name and address of the employer of the person referred to in paragraph (a);the address of the child or children to whom the application relates; andthe name and address of the employer of every child to whom the application relates.Processing of ApplicationsRequest to information bank directorsForthwith on the receipt of an application under section 13, the Minister shall transmit a search request to the information bank directors who shall, in accordance with the regulations, cause their designated information banks to be searched forthwith and periodically during the twelve month period immediately following the receipt by the Minister of the application.
R.S., 1985, c. 4 (2nd Supp.), s. 17;
1993, c. 8, s. 11.
Transfer of information between information banksSubject to the regulations, information in any information banks that may be searched under this Part may be released by one information bank director to the other information bank director to assist that other director in conducting a search under this Part.Transmission of information to MinisterWhere information requested in an application under section 13 is found in an information bank that may be searched under this Part, 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 any search conducted pursuant to section 17.
R.S., 1985, c. 4 (2nd Supp.), s. 19;
1993, c. 8, s. 12.
New informationWhere new information is obtained during a periodic search, the Minister shall not release the information to an applicant under section 13 unless the Minister is satisfied that the applicant still requires the information for the reasons set out in the application.
1993, c. 8, s. 12.
Release of information to applicantThe Minister shall release information under this Part to an applicant under section 13 only if the Minister is satisfied that the safeguards established by the agreement under section 3 with the province of that applicant are in place.Exception for security name changesNo information may be released under this Part in respect of any person whose identity has been changed for security or law enforcement purposes.RegulationsRegulations by Governor in CouncilThe Governor in Council may make regulationsprescribing the form of an application for the release of information under this Part and the information that must be contained therein;prescribing the manner in which an application for the searching of information banks and the release of information under this Part may be made;designating, for the purposes of section 15, the information banks that may be searched under this Part;setting out the manner in which searches for information under this Part are to be conducted;prescribing the conditions under which information may be released under section 18 by one information bank director to the other information bank director;establishing the procedures to be followed for the transmission to the Minister of information found in any information bank searched under this Part; andgenerally, for carrying out the purposes and provisions of this Part.
R.S., 1985, c. 4 (2nd Supp.), s. 22;
1997, c. 1, s. 20.
GARNISHMENT OF FEDERAL MONEYS TO SATISFY SUPPORT ORDERS AND SUPPORT PROVISIONSInterpretationDefinitionsIn this Part,garnishable moneyssommes saisissablesgarnishable moneys means moneys authorized to be paid by Her Majesty by or under such Acts of Parliament or provisions thereof or programs thereunder as are designated by the regulations;garnishee summonsbref de saisie-arrêtgarnishee summons includes any document or court order of similar nature;garnishmentVersion anglaise seulementgarnishment includes attachment;Her MajestySa MajestéHer Majesty means Her Majesty in right of Canada;judgment debtordébiteurjudgment debtor means a person named in a garnishee summons in respect of whom garnishable moneys are sought to be garnisheed under this Part;MinisterministreMinister means the Minister of Justice;provincial garnishment lawdroit provincial en matière de saisie-arrêtprovincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of support orders and support provisions;support orderordonnance alimentairesupport order means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province;support provisionentente alimentairesupport provision means a provision in an agreement relating to the payment of maintenance or family financial support that is enforceable by a garnishee summons under provincial garnishment law.Refund of tax payable to client not discounterNotwithstanding the acquisition by a discounter from a client of a right to a refund of tax for the purposes of the Tax Rebate Discounting Act, the refund of tax remains, for the purposes of this Part, payable to the client and not the discounter.
R.S., 1985, c. 4 (2nd Supp.), s. 23;
1992, c. 1, s. 66;
1993, c. 8, s. 13(F).
Garnishment of Her MajestyHer Majesty may be garnisheedNotwithstanding any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of support orders and support provisions, be garnisheed in accordance with this Part in respect of all garnishable moneys.Provincial garnishment law appliesSubject to section 26 and any regulations made under this Part, garnishment under this Part shall be in accordance with provincial garnishment law.
R.S., 1985, c. 4 (2nd Supp.), s. 25;
1993, c. 8, s. 14.
Inconsistencies with provincial garnishment lawIn the event of any inconsistency between this Part or a regulation made under this Part and provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency.Location of garnishable moneysFor the purposes of this Part, garnishable moneys are deemed to be located in the jurisdiction of every court requested to issue a garnishee summons in respect thereof.Garnishee SummonsService binds Her Majesty for five yearsSubject to this Part and the regulations, service of the following documents on the Minister, namely,a garnishee summons, and[Repealed, 1997, c. 1, s. 21]an application in the form prescribed by the regulations,binds Her Majesty for five years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.
R.S., 1985, c. 4 (2nd Supp.), s. 28;
1993, c. 8, s. 15;
1997, c. 1, s. 21.
Calculation of five year periodFor the purposes of section 28, the five year period referred to in that section commences on the expiration of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.
R.S., 1985, c. 4 (2nd Supp.), s. 29;
1993, c. 8, s. 15.
Garnishee Summons of Continuing EffectGarnishee summons of continuing effectSubject to section 31, where a garnishee summons of continuing effect is served on the Minister under this Part and garnishable moneys become payable to the judgment debtor in the five year period during which Her Majesty is bound by the garnishee summons, Her Majesty shall, at the expiration of that period, continue to be bound in accordance with the garnishee summons in respect of all subsequent payments of garnishable moneys to the judgment debtor that are authorized by the same Act of Parliament, provision thereof or program thereunder that authorized the payments of the garnishable moneys to the judgment debtor in the period during which Her Majesty was originally bound by the garnishee summons.
R.S., 1985, c. 4 (2nd Supp.), s. 30;
1993, c. 8, s. 15.
LimitationHer Majesty shall cease to be bound under section 30 in respect of any garnishable moneys authorized by any particular Act of Parliament, provision thereof or program thereunder if no such moneys become payable to the judgment debtor for any period of one hundred and eighty consecutive days.Service of DocumentsTime of serviceA garnishee summons served on the Minister has effect only if it is served on the Minister in the first thirty days following the first day on which it could have been validly served on the Minister.Place of serviceService of documents on the Minister in connection with garnishment proceedings permitted by this Part must be effected at the place specified in the regulations.Method of serviceIn addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by registered mail or by any other method prescribed in the regulations.Service by registered mailWhere service of a document on the Minister under this Part is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Minister.Administrative ProceduresNotice to ministersForthwith after receipt of the documents referred to in section 28, the Minister shall notify every minister responsible for garnishable moneys of the service thereof and provide each such minister with such information as may be necessary to assist that other minister in determining whether any garnishable moneys are payable to the judgment debtor.
R.S., 1985, c. 4 (2nd Supp.), s. 36;
1993, c. 8, s. 16.
Initial report by ministersForthwith after being notified pursuant to section 36, each minister responsible for garnishable moneys shall report to the Minister on whether such moneys are payable or are foreseeably payable to the judgment debtor.Obligation to monitor and report backIn addition to reporting under section 37, each minister responsible for garnishable moneys shall continue to monitor the payments of those moneys the entire time during which Her Majesty is bound in respect of payments thereof and report to the Minister whenever any payments to the judgment debtor become payable or foreseeably payable.Additional information with every reportWhen reporting that garnishable moneys are payable or are foreseeably payable to the judgment debtor, each minister shall also inform the Minister of the amounts payable and the times when those moneys became, or will become, payable.Right to search information banksSubject to the regulations, every minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information that minister deems necessary to confirm the identity of any judgment debtor.Response to Garnishee SummonsResponse timeThe Minister, on behalf of Her Majesty, shall respond to every garnishee summons within the time prescribed by the regulations.Methods of response to garnishee summonsIn addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by registered mail or by any other method prescribed by the regulations.Response by registered mailWhere the Minister responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Minister has responded to the garnishee summons.Discharge of LiabilityEffect of payment into courtA payment into court by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.Effect of payment to provincial enforcement serviceWhere a payment to a provincial enforcement service as defined in section 2 is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.Notice to Judgment DebtorNotice to judgment debtorWhere a garnishee summons is served on the Minister under this Part, the Minister shall, in the form, within the time and in the manner prescribed by the regulations, notify the judgment debtor named in the garnishee summons of that service.
R.S., 1985, c. 4 (2nd Supp.), s. 45;
1993, c. 8, s. 17.
[Repealed, 1993, c. 8, s. 17]Recovery of PaymentsPayments to judgment debtorWhere a judgment debtor is paid any garnishable moneys to which he is not entitled by reason of garnishment proceedings permitted under this Part, the amount thereof is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor.Payments to party that instituted proceedingsSubject to section 51, where garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part in excess of the amount that should be paid to or for the benefit of that party, the amount thereof is a debt due to Her Majesty by that party and may be recovered as such in accordance with the Financial Administration Act or by deduction or set-off against any garnishable moneys payable to or for the benefit of that party under this Part.ExceptionWhere it is determined that the reason for the payment of excess moneys referred to in section 50 is that the judgment debtor was not entitled to the garnishable moneys garnisheed under this Part, the amount of the excess is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the garnishable moneys garnisheed under this Part.GeneralRanking of Her MajestyWhen a judgment debtor is indebted toHer Majesty, orHer Majesty in right of a province on account of taxes payable to any province, and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on behalf of the province,Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any garnishable moneys that are payable to the judgment debtor notwithstanding that a garnishee summons in respect of those moneys has been served on the Minister, and the amount of the indebtedness may be recovered or retained in any manner authorized by law.
R.S., 1985, c. 4 (2nd Supp.), s. 52;
2001, c. 4, s. 81.
Multiple garnishee summonsesWhere more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor and the garnishable moneys payable to the judgment debtor are insufficient to satisfy all the garnishee summonses, payment shall be made on a proportional basis.No execution against Her MajestyNo execution shall issue on a judgment given against Her Majesty in garnishment proceedings permitted by this Part.Garnishment, Attachment and Pension Diversion ActGarnishment, Attachment and Pension Diversion ActIn the event that a garnishee summons that binds Her Majesty may be honoured under this Part or the Garnishment, Attachment and Pension Diversion Act, the garnishee summons shall be honoured first under the Garnishment, Attachment and Pension Diversion Act and secondly under this Part.ProhibitionsProhibition on disentitlementNo person may be disentitled or disqualified in respect of any payment or future payment of garnishable moneys solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.Prohibition on dismissalNo person may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.FeeFeeA fee in the amount prescribed by the regulations is chargeable in respect of the processing of every garnishee summons served on the Minister.Chargeable against judgment debtorSubject to any regulations respecting the remittance thereof, the fee referred to in section 58 is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by deduction or set-off against any garnishable moneys payable to the judgment debtor.RestrictionThe fee referred to in section 58 may not be recovered out of any garnishable moneys to be used to honour a garnishee summons.RegulationsRegulationsThe Governor in Council may make regulationsdesignating Acts of Parliament, provisions thereof and programs thereunder for the purposes of the definition “garnishable moneys”;prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament or provision thereof or program thereunder by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of support orders and support provisions;prescribing the form of the application referred to in paragraph 28(c);prescribing the period of time before which Her Majesty becomes bound by the service of the documents referred to in section 28;specifying the place where service of documents on the Minister must be effected in connection with garnishment proceedings permitted under this Part;prescribing the methods in which service of documents in connection with garnishment proceedings permitted under this Part may be effected on the Minister;respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I;prescribing the time within which and the methods by which the Minister must respond to garnishee summonses;prescribing the form of the notification referred to in section 45 and the time within which and the manner in which it must be sent;prescribing a fee in respect of the processing of garnishee summonses and the manner of collecting the fee;respecting the remission, in whole or in part, of the fee referred to in section 58; andgenerally, for carrying out the purposes and provisions of this Part.
R.S., 1985, c. 4 (2nd Supp.), s. 61;
1993, c. 8, s. 18.
LICENCE DENIALInterpretationDefinitionsThe definitions in this section apply in this Part.appropriate Ministerministre compétentappropriate Minister means a minister of the Crown in right of Canada who is responsible for the issuance of any type or class of licence set out in the schedule.debtordébiteurdebtor means a person who is in arrears under a support order or a support provision.licenceautorisationlicence means a licence, a permit, a certificate or an authorization of any kind, and includes a passport within the meaning of section 2 of the Canadian Passport Order.licence denial applicationdemande de refus d’autorisationlicence denial application means an application made under section 67.MinisterministreMinister means the Minister of Justice.persistent arrearsêtre en défaut de façon répétéepersistent arrears, in respect of a support order or support provision, meansarrears in any amount where the arrears are due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order or the support provision, oraccumulated arrears of $3000 or more.prescribedVersion anglaise seulementprescribed means prescribed by the regulations.provincial enforcement serviceautorité provincialeprovincial enforcement service has the meaning assigned by section 2.schedule licenceautorisation viséeschedule licence means a licence of a type or class set out in the schedule.support orderordonnance alimentairesupport order has the meaning assigned by subsection 23(1).support provisiondisposition alimentairesupport provision means a provision in an agreement relating to the payment of maintenance or family financial support that is enforceable under provincial law.
R.S., 1985, c. 4 (2nd Supp.), s. 62;
1997, c. 1, s. 22.
Amendments to scheduleThe Governor in Council may, by order, add to or delete from the schedule any type or class of licence that may be issued to an individual under an Act of Parliament or under an order made pursuant to a prerogative of the Crown.
R.S., 1985, c. 4 (2nd Supp.), s. 63;
1997, c. 1, s. 22.
Purpose of PartPurpose of PartThe purpose of this Part is to help provincial enforcement services enforce support orders and support provisions by providing for the denial of certain licences to debtors who are in persistent arrears.
R.S., 1985, c. 4 (2nd Supp.), s. 64;
1997, c. 1, s. 22.
Application of PartApplication of PartThis Part applies notwithstanding the provisions of any other Act of Parliament, of any regulation or order made under any other Act of Parliament or of any order made pursuant to a prerogative of the Crown respecting the issuance, renewal or suspension of licences.
R.S., 1985, c. 4 (2nd Supp.), s. 65;
1997, c. 1, s. 22.
Royal prerogativeNothing in this Part in any manner limits or affects Her Majesty’s royal prerogative with respect to passports.
R.S., 1985, c. 4 (2nd Supp.), s. 66;
1997, c. 1, s. 22.
Licence Denial ApplicationApplicationWhere a debtor is in persistent arrears under a support order or a support provision, a provincial enforcement service may apply to the Minister that the following actions be taken against the debtor:that no new schedule licences be issued to the debtor;that all schedule licences held by the debtor be suspended; andthat schedule licences held by the debtor not be renewed.Contents of applicationAn application must be in the prescribed form and must contain the prescribed information concerningthe identity of the debtor; andthe support order or support provision.Contents of supporting affidavitAn application must be accompanied by an affidavit in the prescribed form. The affidavit must be submitted by an officer of the provincial enforcement service and must contain the following statements:that the provincial enforcement service is satisfied that the debtor is in persistent arrears under the support order or the support provision;that the provincial enforcement service has made reasonable attempts to enforce the support order or the support provision before making the licence denial application; andthat the provincial enforcement service has sent a notice to the debtor, at the debtor’s last known address,stating that the provincial enforcement service has reasonable grounds to believe that the debtor is in persistent arrears under the support order or support provision,stating that the provincial enforcement service intends to make a licence denial application in relation to the debtor,informing the debtor of the consequences to the debtor of a licence denial application, andadvising the debtor that a licence denial application will not be made if the debtor enters into a payment plan that is acceptable to the provincial enforcement service or satisfies the provincial enforcement service that the debtor is unable to pay the amount in arrears and that the making of the application is not reasonable in the circumstances.Time for making applicationAn application may be made only after thirty days have expired after the notice referred to in subsection (3) was received by the debtor.Deemed receiptA notice referred to in subsection (3) is deemed to have been received by a debtor ten days after it is sent to the debtor.
1997, c. 1, s. 22.
Processing of Licence Denial ApplicationsInforming appropriate MinistersImmediately on the receipt of a licence denial application and the affidavit referred to in subsection 67(3), the Minister shall inform each appropriate Minister of the receipt of the application, and shall provide the appropriate Minister with such information as may be necessary to help the appropriate Minister determine whether the debtor to whom the application relates is the holder of a schedule licence.
1997, c. 1, s. 22.
Obligations of Appropriate MinistersDetermination — does debtor hold schedule licenceOn being informed of a licence denial application in respect of a debtor, an appropriate Minister shall immediately determine whether the debtor is the holder of a schedule licence issued by the appropriate Minister.Suspension and non-renewal of schedule licencesIf an appropriate Minister determines that a debtor is the holder of a schedule licence, the appropriate Minister shall suspend the schedule licence and, where applicable, refuse to renew the schedule licence.Notice to debtorAn appropriate Minister who takes any action under subsection (2) against a debtor shall send the debtor a notice in writing informing the debtor that the action has been taken.
1997, c. 1, s. 22.
Refusal to issue schedule licenceAn appropriate Minister who is informed of a licence denial application in respect of a debtor shall refuse to issue a schedule licence to the debtor.
1997, c. 1, s. 22.
No AppealNo appealNotwithstanding the provisions of any other Act of Parliament, of any regulation or order made under any other Act of Parliament or of any order made pursuant to a prerogative of the Crown, no appeal lies from any action taken under this Part.
1997, c. 1, s. 22.
Request to Terminate Application of PartRequest to terminate application of PartA provincial enforcement service shall immediately request that all actions taken under this Part in respect of a debtor be terminated wherethe provincial enforcement service is satisfied that the debtoris no longer in arrears under all support orders and support provisions against the debtor that have been enforced by a licence denial application,is complying, in respect of all support orders and support provisions against the debtor that have been enforced by a licence denial application, with a payment plan that the provincial enforcement service considers reasonable, oris unable to pay the amount in arrears and that the application of this Part against the debtor is not reasonable in the circumstances; orthe provincial enforcement service ceases to enforce all support orders and support provisions against the debtor that have been enforced by a licence denial application.Prescribed mannerA request under subsection (1) must be made to the Minister in the prescribed manner.
1997, c. 1, s. 22.
Informing appropriate MinistersWhere the Minister receives a request under section 72, the Minister shall immediately inform each appropriate Minister of the receipt of the request.
1997, c. 1, s. 22.
Obligation of appropriate MinistersImmediately on being informed under section 73, each appropriate Minister shallcancel the suspension of every schedule licence suspended by that appropriate Minister and inform the licence holder that the suspension has been cancelled;stop refusing to renew schedule licences of the debtor solely on the basis of this Part; andstop refusing to issue schedule licences to the debtor solely on the basis of this Part.
1997, c. 1, s. 22.
When licence not revivedThe cancellation of the suspension of a schedule licence pursuant to section 74 does not operate to revive the licence if the term of the licence expired while the suspension was in force.
1997, c. 1, s. 22.
OffenceOffenceEvery person who is notified that a passport issued to the person has been suspended under this Part and who fails to return the passport forthwith to a Passport Office, as defined in section 2 of the Canadian Passport Order, or who subsequently uses the passport after being so notified, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.
1997, c. 1, s. 22.
No LiabilityNo liabilityNo action lies against Her Majesty in right of Canada, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty in right of Canada for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.
1997, c. 1, s. 22.
RegulationsRegulationsThe Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.
1997, c. 1, s. 22.
RELEASE AUTHORIZATION AND CONFIDENTIALITYRelease AuthorizationRelease authorizationNotwithstanding any provision in any other Act of Parliament that prohibits or restricts the release of information, the following information may be released for the purposes of this Act:information in any information bank that may be searched under Part I,information that is necessarily incidental to the garnishment of moneys under Part II, andinformation that is necessarily incidental to the administration of Part III.
1997, c. 1, s. 22.
Prohibition, Offence and PunishmentProhibitionNo officer or employee of Her Majesty, and no person who is hired on a contractual basis by Her Majesty to assist in the administration of this Act, who obtains any information pursuant to this Act shall, except as provided in this Act, knowingly communicate or knowingly allow the information to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information.
1997, c. 1, s. 22.
Offence and punishmentEvery person who contravenes section 80 is guilty of an offence, and is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding $1,000, or to both.
1997, c. 1, s. 22.
Limitation periodAny proceedings under section 81 may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.
1997, c. 1, s. 22.
(Sections 62 and 63)LICENCESCanadian Passport OrderPassportPasseportAeronautics ActAir traffic controllerContrôleur de la circulation aérienneAircraft maintenance engineerTechnicien d’entretien d’aéronefsAirline transport pilot — aeroplanePilote de ligne — avionAirline transport pilot — helicopterPilote de ligne — hélicoptèreBalloon pilotPilote de ballonCommercial pilot — aeroplanePilote professionnel — avionCommercial pilot — helicopterPilote professionnel — hélicoptèreFlight engineerMécanicien navigantForeign licence validationValidation de licence étrangèreGlider pilotPilote de planeurMedical certificateCertificat médicalPilot — gyroplanePilote — autogirePilot — recreational — aeroplanePilote de loisir — avionPilot — recreational — helicopterPilote de loisir — hélicoptèrePilot — ultra-light aeroplanePilote — avion ultra-légerPrivate pilot — aeroplanePilote privé — avionPrivate pilot — helicopterPilote privé — hélicoptèreCanada Shipping Act or Canada Shipping Act, 2001Able seafarerNavigant qualifiéAble seamanMatelot qualifiéAir cushion vehicle (ACV) engineer, class IOfficier mécanicien d’aéroglisseur, classe IAir cushion vehicle (ACV) engineer, class IIOfficier mécanicien d’aéroglisseur, classe IIAir cushion vehicle (ACV) type ratingQualification de type d’aéroglisseurBallast control operatorOpérateur des commandes de ballastsBarge supervisor, MODU/inlandSurveillant de chaland, UMFM/eaux internesBarge supervisor, MODU/self-elevatingSurveillant de chaland, UMFM/auto-élévatriceBarge supervisor, MODU/surfaceSurveillant de chaland, UMFM/surfaceBarge supervisor, MOU/self-elevatingSuperviseur de barge, UML/auto-élévatriceBarge supervisor, MOU/surfaceSuperviseur de barge, UML/surfaceBridge watch ratingMatelot de quart à la passerelleBridge watchmanHomme de quart à la passerelleCertificate of service as master of a fishing vessel of less than 60 gross tonnageBrevet de service de capitaine de bâtiment de pêche, jauge brute de moins de 60Certificate of service as master of a fishing vessel of not more than 100 tons, gross tonnageBrevet de service de capitaine de bateau de pêche d’au plus 100 tonneaux de jauge bruteCertificate of service as master of a ship of not more than 1 600 tons, gross tonnageBrevet de service de capitaine de navire d’au plus 1 600 tonneaux de jauge bruteCertificate of service as master of a steamship of not more than 350 tons, gross tonnageBrevet de service de capitaine de navire à vapeur d’au plus 350 tonneaux de jauge bruteChief engineer, motor shipOfficier mécanicien en chef, navire à moteurChief engineer, motor-driven fishing vesselOfficier mécanicien en chef, navire de pêche à moteurChief engineer, steamshipOfficier mécanicien en chef, navire à vapeurChief matePremier officier de pontChief mate 150 gross tonnage, domesticPremier officier de pont, jauge brute de 150, navigation intérieureChief mate 500 gross tonnage, domesticPremier officier de pont, jauge brute de 500, navigation intérieureChief mate, limitedPremier officier de pont, avec restrictionsChief mate, near coastalPremier officier de pont, à proximité du littoralCompass adjusterExpert en compensation de compasElectricianÉlectricienEngine-room assistantAdjoint de la salle des machinesEngine-room ratingMatelot de la salle des machinesFirst mate, inland watersPremier lieutenant, eaux intérieuresFirst mate, intermediate run ferryPremier lieutenant de transbordeur à trajet intermédiaireFirst mate, intermediate voyagePremier officier de pont, voyage intermédiaireFirst mate, limitedPremier officier de pont, avec restrictionsFirst mate, local voyagePremier officier de pont, voyage localFirst mate, long run ferryPremier lieutenant de transbordeur à trajet longFirst mate, short run ferryPremier lieutenant de transbordeur à trajet courtFirst-class engineer, motor shipOfficier mécanicien de première classe, navire à moteurFirst-class engineer, steamshipOfficier mécanicien de première classe, navire à vapeurFishing masterCapitaine de bateau de pêcheFishing master, first-classCapitaine de bâtiment de pêche, première classeFishing master, first-classCapitaine de bateau de pêche, première classeFishing master, fourth-classCapitaine de bâtiment de pêche, quatrième classeFishing master, fourth-classCapitaine de bateau de pêche, quatrième classeFishing master, restrictedCapitaine de bateau de pêche, avec restrictionsFishing master, second-classCapitaine de bâtiment de pêche, deuxième classeFishing master, second-classCapitaine de bateau de pêche, deuxième classeFishing master, third-classCapitaine de bâtiment de pêche, troisième classeFishing master, third-classCapitaine de bateau de pêche, troisième classeFishing mateLieutenant de bateau de pêcheFourth-class engineer, motor shipOfficier mécanicien de quatrième classe, navire à moteurFourth-class engineer, steamshipOfficier mécanicien de quatrième classe, navire à vapeurHigh-speed craft (HSC) type ratingQualification de type d’engin à grande vitesseLiquefied gas tanker familiarizationFamiliarisation pour bâtiment-citerne pour gaz liquéfiéMaintenance supervisor, MODU/self-elevatingSurveillant de la maintenance, UMFM/auto-élévatriceMaintenance supervisor, MODU/surfaceSurveillant de la maintenance, UMFM/surfaceMaintenance supervisor, MOU/self-elevatingChef de l’entretien, UML/auto-élévatriceMaintenance supervisor, MOU/surfaceChef de l’entretien, UML/surfaceMaster 150 gross tonnage, domesticCapitaine, jauge brute de 150, navigation intérieureMaster 500 gross tonnage, domesticCapitaine, jauge brute de 500, navigation intérieureMaster 500 gross tonnage, near coastalCapitaine, jauge brute de 500, à proximité du littoralMaster 3 000 gross tonnage, domesticCapitaine, jauge brute de 3 000, navigation intérieureMaster 3 000 gross tonnage, domestic limited to a near coastal voyage, class 2 if the voyage is a “minor waters voyage” as defined in the Canada Shipping Act, in the version that was in force immediately before the coming into force of the Canada Shipping Act, 2001Capitaine, jauge brute de 3 000, navigation intérieure, limité aux voyages à proximité du littoral, classe 2, s’il sagit de voyages en « eaux secondaires » au sens de la Loi sur la marine marchande du Canada, dans sa version en vigueur avant l’entrée en vigueur de la Loi de 2001 sur la marine marchande du CanadaMaster 3 000 gross tonnage, near coastalCapitaine, jauge brute de 3 000, à proximité du littoralMaster marinerCapitaine au long coursMaster, inland watersCapitaine, eaux intérieuresMaster, intermediate run ferryCapitaine de transbordeur à trajet intermédiaireMaster, intermediate voyageCapitaine, voyage intermédiaireMaster, limitedCapitaine, avec restrictionsMaster, local voyageCapitaine, voyage localMaster, long run ferryCapitaine de transbordeur à trajet longMaster, near coastalCapitaine, à proximité du littoralMaster, ship of not more than 350 gross tonnage or tug, home trade or inland watersCapitaine, navire d’au plus 350 tonneaux de jauge brute ou remorqueur, cabotage ou eaux intérieuresMaster, ship of not more than 350 tons, gross tonnage, or tug, home trade voyageCapitaine, navire d’au plus 350 tonneaux de jauge brute ou remorqueur, cabotageMaster, ship of not more than 350 tons, gross tonnage, or tug, inland waters voyageCapitaine, navire d’au plus 350 tonneaux de jauge brute ou remorqueur, eaux intérieuresMaster, ship of not more than 350 tons, gross tonnage, or tug, local voyageCapitaine, navire d’au plus 350 tonneaux de jauge brute ou remorqueur, voyage localMaster, short run ferryCapitaine de transbordeur à trajet courtMODUUMFMOffshore installation manager, MODU/inlandDirecteur d’installation extracôtière, UMFM/eaux internesOffshore installation manager, MODU/self-elevatingDirecteur d’installation extracôtière, UMFM/auto-élévatriceOffshore installation manager, MODU/surfaceDirecteur d’installation extracôtière, UMFM/surfaceOffshore installation manager, MOU/self-elevatingChef de l’installation au large, UML/auto-élévatriceOffshore installation manager, MOU/surfaceChef de l’installation au large, UML/surfaceOil and chemical tanker familiarizationFamiliarisation pour pétrolier et bâtiment-citerne pour produits chimiquesPassenger safety managementGestion de la sécurité des passagersProficiency in chemical tankersCompétence en transporteurs de produits chimiquesProficiency in compass deviationCompétence en dérive du compasProficiency in fast rescue boatsAptitude à l’exploitation des canots de secours rapidesProficiency in liquefied gas tankersCompétence en transporteurs de gaz liquéfiéProficiency in oil tankersCompétence en pétroliersProficiency in survival craft and rescue boats other than fast rescue boatsAptitude à l’exploitation des bateaux de sauvetage et canots de secours, autres que des canots de secours rapidesRestricted engineer, motor shipOfficier mécanicien, avec restrictions, navire à moteurRestricted proficiency in survival craft and rescue boats other than fast rescue boatsAptitude à l’exploitation des bateaux de sauvetage et canots de secours, autres que des canots de secours rapides, avec restrictionsRestricted watchkeeping mate, shipOfficier de pont de quart de navire, avec restrictionsRo-ro passenger, level 1Navire roulier à passagers, niveau 1Ro-ro passenger, level 2Navire roulier à passagers, niveau 2Second engineer, motor shipOfficier mécanicien en second, navire à moteurSecond engineer, steamshipOfficier mécanicien en second, navire à vapeurSecond mate, inland watersDeuxième lieutenant, eaux intérieuresSecond-class engineer, motor shipOfficier mécanicien de deuxième classe, navire à moteurSecond-class engineer, steamshipOfficier mécanicien de deuxième classe, navire à vapeurShip’s cookCuisinier de navireSmall vessel machinery operatorOpérateur des machines de petits bâtimentsSpecialized passenger safety management (ro-ro vessels)Gestion spécialisée de la sécurité des passagers (bâtiments rouliers)Supervisor of a chemical transfer operationSurveillant d’opérations de transbordement de produits chimiquesSupervisor of a liquefied gas transfer operationSurveillant d’opérations de transbordement de gaz liquéfiéSupervisor of an oil transfer operationSurveillant d’opérations de transbordement de pétroleSupervisor of an oil transfer operation in Arctic waters (north of 60° N)Surveillant d’opérations de transbordement de pétrole, eaux de l’Arctique (au nord de 60° N.)Third-class engineer, motor shipOfficier mécanicien de troisième classe, navire à moteurThird-class engineer, steamshipOfficier mécanicien de troisième classe, navire à vapeurWatchkeeping engineer, motor-driven fishing vesselOfficier mécanicien de quart, bateau de pêche à moteurWatchkeeping engineer, motor-driven fishing vesselOfficier mécanicien de quart, bâtiment de pêche à moteurWatchkeeping mateOfficier de pont de quartWatchkeeping mate fishingLieutenant de quart de navire de pêcheWatchkeeping mate, MODU/inlandOfficier de pont de quart, UMFM/eaux internesWatchkeeping mate, MODU/self-elevatingOfficier de pont de quart, UMFM/auto-élévatriceWatchkeeping mate, MODU/surfaceOfficier de pont de quart, UMFM/surfaceWatchkeeping mate, near coastalOfficier de pont de quart, à proximité du littoralWatchkeeping mate, shipOfficier de pont de quart de navire
1997, c. 1, s. 23;
SOR/98-511;
SOR/2011-37.
Previous VersionRELATED PROVISIONS
— 1993, c. 8, ss. 19(3), (4)IdemSections 7, 12, 13, 14, 17, 19 and 19.1 of the Family Orders and Agreements Enforcement Assistance Act, as enacted or amended by sections 6 and 8 to 12 of this Act, apply only to applications for the release of information received under the Family Orders and Agreements Enforcement Assistance Act after the coming into force of those sections.
— 1993, c. 8, ss. 19(3), (4)IdemSections 28 to 30 of the Family Orders and Agreements Enforcement Assistance Act, as enacted by section 15 of this Act, apply only to garnishee summonses served after the coming into force of that section.