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

Act current to 2016-05-12 and last amended on 2013-12-12. Previous Versions

Applications for the Release of Information

Marginal note:Applications for the release of information

 Subject to this Part, the following, namely,

  • (a) a judge of a court or any officer thereof, if authorized to do so under section 12,

  • (b) a provincial enforcement service, or

  • (c) a 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.
Marginal note:Form of application
  •  (1) An application under section 13 for the release of information must contain the information and be in the form prescribed by the regulations.

  • Marginal note:Supporting documents

    (2) Where an application under section 13 is made by a person referred to in paragraph 13(a), the application must be accompanied by

    • (a) a copy of the family provision to which the application relates;

    • (b) the applicant’s authorization under section 12;

    • (c) a copy of the affidavit submitted in support of the application for the authorization; and

    • (d) where 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.

  • Marginal note:Supporting documents for provincial enforcement service

    (3) Where 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).

  • Marginal note:Supporting documents for peace officer

    (3.1) Where 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 by

    • (a) a copy of the information to which the application relates; and

    • (b) an affidavit, submitted by the peace officer in accordance with subsection (5).

  • Marginal note:Contents of affidavit

    (4) An affidavit submitted by an officer of a provincial enforcement service 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 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;

    • (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 has or have not been located;

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

    • (e) disclose

      • (i) that 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, or

      • (ii) that 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.

  • Marginal note:Idem

    (5) An affidavit submitted by a peace officer must

    • (a) disclose 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;

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

    • (c) disclose

      • (i) that 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), or

      • (ii) that 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.
Marginal note:Information banks that may be searched

 The 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 Employment and 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;
  • 2012, c. 19, s. 695;
  • 2013, c. 40, s. 237.
Marginal note:Information that may be released

 The information that may be searched for and released under this Part is

  • (a) the address of the person who, as the case may be,

    • (i) is in arrears under the support provision to which the application relates,

    • (ii) 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, or

    • (iii) is 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;

  • (b) the name and address of the employer of the person referred to in paragraph (a);

  • (c) the address of the child or children to whom the application relates; and

  • (d) the name and address of the employer of every child to whom the application relates.

Processing of Applications

Marginal note:Request to information bank directors

 Forthwith 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.
Marginal note:Transfer of information between information banks

 Subject 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.

Marginal note:Transmission of information to Minister

 Where 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.
Marginal note:New information

 Where 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.
Marginal note:Release of information to applicant

 The 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.

 
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