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

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.

Marginal note:Exception for security name changes

 No information may be released under this Part in respect of any person whose identity has been changed for security or law enforcement purposes.

Regulations

Marginal note:Regulations by Governor in Council

 The Governor in Council may make regulations

  • (a) prescribing the form of an application for the release of information under this Part and the information that must be contained therein;

  • (a.1) prescribing the manner in which an application for the searching of information banks and the release of information under this Part may be made;

  • (b) designating, for the purposes of section 15, the information banks that may be searched under this Part;

  • (c) setting out the manner in which searches for information under this Part are to be conducted;

  • (d) prescribing the conditions under which information may be released under section 18 by one information bank director to the other information bank director;

  • (e) establishing the procedures to be followed for the transmission to the Minister of information found in any information bank searched under this Part; and

  • (f) generally, for carrying out the purposes and provisions of this Part.

  • R.S., 1985, c. 4 (2nd Supp.), s. 22;
  • 1997, c. 1, s. 20.

PART IIGARNISHMENT OF FEDERAL MONEYS TO SATISFY SUPPORT ORDERS AND SUPPORT PROVISIONS

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    “garnishable moneys”

    « sommes saisissables »

    “garnishable 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 summons”

    « bref de saisie-arrêt »

    “garnishee summons” includes any document or court order of similar nature;

    “garnishment”

    Version anglaise seulement

    “garnishment” includes attachment;

    “Her Majesty”

    « Sa Majesté »

    “Her Majesty” means Her Majesty in right of Canada;

    “judgment debtor”

    « débiteur »

    “judgment debtor” means a person named in a garnishee summons in respect of whom garnishable moneys are sought to be garnisheed under this Part;

    “Minister”

    « ministre »

    “Minister” means the Minister of Justice;

    “provincial garnishment law”

    « droit provincial en matière de saisie-arrêt »

    “provincial garnishment law” means the law of a province relating to garnishment as it applies to the enforcement of support orders and support provisions;

    “support order”

    « ordonnance alimentaire »

    “support order” means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province;

    “support provision”

    « entente alimentaire »

    “support 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.

  • Marginal note:Refund of tax payable to client not discounter

    (2) Notwithstanding 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).