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

Act current to 2017-12-11 and last amended on 2013-12-12. Previous Versions

PART IIILicence Denial

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

appropriate Minister

ministre compétent

appropriate 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. (ministre compétent)

debtor

débiteur

debtor means a person who is in arrears under a support order or a support provision. (débiteur)

licence

autorisation

licence 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. (autorisation)

licence denial application

demande de refus d’autorisation

licence denial application means an application made under section 67. (demande de refus d’autorisation)

Minister

ministre

Minister means the Minister of Justice. (ministre)

persistent arrears

être en défaut de façon répétée

persistent arrears, in respect of a support order or support provision, means

  • (a) arrears 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, or

  • (b) accumulated arrears of $3000 or more. (être en défaut de façon répétée)

prescribed

Version anglaise seulement

prescribed means prescribed by the regulations. (Version anglaise seulement)

provincial enforcement service

autorité provinciale

provincial enforcement service has the meaning assigned by section 2. (autorité provinciale)

schedule licence

autorisation visée

schedule licence means a licence of a type or class set out in the schedule. (autorisation visée)

support order

ordonnance alimentaire

support order has the meaning assigned by subsection 23(1). (ordonnance alimentaire)

support provision

disposition alimentaire

support provision means a provision in an agreement relating to the payment of maintenance or family financial support that is enforceable under provincial law. (disposition alimentaire)

  • R.S., 1985, c. 4 (2nd Supp.), s. 62;
  • 1997, c. 1, s. 22.
Marginal note:Amendments to schedule

 The 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 Part

Marginal note:Purpose of Part

 The 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 Part

Marginal note:Application of Part

 This 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.
Marginal note:Royal prerogative

 Nothing 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 Application

Marginal note:Application
  •  (1) Where 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:

    • (a) that no new schedule licences be issued to the debtor;

    • (b) that all schedule licences held by the debtor be suspended; and

    • (c) that schedule licences held by the debtor not be renewed.

  • Marginal note:Contents of application

    (2) An application must be in the prescribed form and must contain the prescribed information concerning

    • (a) the identity of the debtor; and

    • (b) the support order or support provision.

  • Marginal note:Contents of supporting affidavit

    (3) An 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:

    • (a) that the provincial enforcement service is satisfied that the debtor is in persistent arrears under the support order or the support provision;

    • (b) that the provincial enforcement service has made reasonable attempts to enforce the support order or the support provision before making the licence denial application; and

    • (c) that the provincial enforcement service has sent a notice to the debtor, at the debtor’s last known address,

      • (i) 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,

      • (ii) stating that the provincial enforcement service intends to make a licence denial application in relation to the debtor,

      • (iii) informing the debtor of the consequences to the debtor of a licence denial application, and

      • (iv) advising 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.

  • Marginal note:Time for making application

    (4) An application may be made only after thirty days have expired after the notice referred to in subsection (3) was received by the debtor.

  • Marginal note:Deemed receipt

    (5) A 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 Applications

Marginal note:Informing appropriate Ministers

 Immediately 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 Ministers

Marginal note:Determination — does debtor hold schedule licence
  •  (1) On 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.

  • Marginal note:Suspension and non-renewal of schedule licences

    (2) If 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.

  • Marginal note:Notice to debtor

    (3) An 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.
 
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