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

Act current to 2014-11-25 and last amended on 2013-12-12. Previous Versions

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.