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

Act current to 2016-11-21 and last amended on 2013-12-12. Previous Versions

Family Orders and Agreements Enforcement Assistance Act

R.S.C., 1985, c. 4 (2nd Supp.)

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 Canada

[1986, c. 5, assented to 13th February, 1986]

Short Title

Marginal note:Short title

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

PART IRelease of Information

Interpretation

Marginal note:Definitions

 In this Part,

access right

droit d’accès

access right means a right, granted in an order or agreement, of access to or visitation of a child; (droit d’accès)

court

tribunal

court means a court having jurisdiction with respect to the enforcement of family provisions; (tribunal)

custody provision

disposition de garde

custody provision means a provision of an order or agreement awarding custody of a child; (disposition de garde)

family provision

disposition familiale

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

information bank director

directeur de fichier

information bank director means

  • (a) with respect to any of the information banks controlled by the Department of Employment and Social Development that may be searched under this Part, the Minister of Employment and Social Development,

  • (b) 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, and

  • (c) with 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; (directeur de fichier)

Minister

ministre

Minister means the Minister of Justice; (ministre)

order

ordonnance

order means any order or judgment, or interim order or judgment, relating to family support, custody or access that is enforceable in a province; (ordonnance)

provincial enforcement service

autorité provinciale

provincial 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; (autorité provinciale)

provincial information bank

fichier provincial

provincial information bank means a source of information designated in an agreement made under section 3; (fichier provincial)

support provision

disposition alimentaire

support 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. (disposition alimentaire)

  • 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;
  • 2012, c. 19, ss. 694, 695(E);
  • 2013, c. 40, s. 229.

Federal-Provincial Agreements

Marginal note:Agreements 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.

Marginal note:Contents of agreements

 Every agreement with a province under section 3 must provide for

  • (a) the establishment of safeguards in the province for the protection of information released under this Part; and

  • (b) the designation of the provincial information bank or banks that, subject to this Part, must be searched before information may be released under this Part.

Marginal note:Designation of provincial enforcement services

 The 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.

Marginal note:Agreements 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

  • (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

  • (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.

  • R.S., 1985, c. 4 (2nd Supp.), s. 6;
  • 1996, c. 11, ss. 95, 97;
  • 2005, c. 35, s. 53;
  • 2012, c. 19, ss. 694, 695;
  • 2013, c. 40, s. 230.

Applications to Court

Marginal note:Applications to court

 Any 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.
Marginal note:Applications in relation to family provisions
  •  (1) An application under section 7 in relation to a family provision must be accompanied by

    • (a) a 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;

    • (b) an affidavit in accordance with section 9; and

    • (c) subject 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.

  • Marginal note:Where proof not necessary

    (2) The 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.

Marginal note:Contents of affidavit

 An affidavit in support of an application under section 7 in relation to a family provision must

  • (a) allege a breach of the family provision;

  • (b) set out particulars of the breach and identify the person who

    • (i) where the family provision is a support provision, is in arrears, or

    • (ii) where 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;

  • (c) 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;

  • (d) set out particulars of the reasonable steps referred to in paragraph (c); and

  • (e) where 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]

Marginal note:Court shall grant authorization

 A court seized of a valid application under section 7 shall, if it is satisfied

  • (a) that reasonable steps have been taken to locate the person, child or children to whom the application relates, and

  • (b) where 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.
 
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