Release of Information for Family Orders and Agreements Enforcement Regulations (SOR/87-315)

Regulations are current to 2016-08-01 and last amended on 2013-06-07. Previous Versions

Release of Information for Family Orders and Agreements Enforcement Regulations

SOR/87-315

FAMILY ORDERS AND AGREEMENTS ENFORCEMENT ASSISTANCE ACT

Registration 1987-06-04

Release of Information for Family Orders and Agreements Enforcement Regulations

P.C. 1987-1151 1987-06-04

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 22 of the Family Orders and Agreements Enforcement Assistance ActFootnote *, is pleased hereby to make the annexed Regulations respecting the release of information that may assist in locating defaulting spouses and other persons, effective on the day Part I of the said Act comes into force.

 [Repealed, SOR/2002-278, s. 2]

Interpretation

 In these Regulations, Act means the Family Orders and Agreements Enforcement Assistance Act. (Loi)

Designated Information Banks

 For the purposes of section 15 of the Act, the following information banks are designated as information banks that may be searched under Part I of the Act:

  • (a) information banks controlled by the Department of Human Resources Development, namely,

    • (i) Canada Pension Plan Record of Earnings (HRDC/PPU-140),

    • (ii) Canada Pension Plan Retirement and Survivors’ Benefits (individuals) (HRDC/PPU-146), and

    • (iii) International Social Security — Domestic and Foreign Benefits — Computer Master Benefit Data (HRDC/PPU-175);

  • (b) information banks controlled by the Canada Employment Insurance Commission, namely,

    • (i) Record of Employment (Third Copy) (HRDC/PPU-385),

    • (ii) Benefit and Overpayment Master File (HRDC/PPU-180), and

    • (iii) Social Insurance Number Registration (HRDC/PPU-390);

  • (c) information banks controlled by the Department of National Revenue, namely,

    • (i) Taxation Taxpayer Master File (RC/PPU-040), and

    • (ii) Information Returns (INFODEC) Data Bank (RC/PPU-150).

  • SOR/97-178, s. 1.

Application Form and Affidavit

  •  (1) An application under section 13 of the Act for the release of information shall be

    • (a) in the form set out in Schedule 1;

    • (b) accompanied by an affidavit in the form set out in Schedule 2 and the supporting documentation required under section 14 of the Act; and

    • (c) mailed to

      The Minister of Justice,

      Department of Justice,

      Family Orders and Agreements Enforcement Assistance Unit,

      Ottawa, Ontario

      K1A 0H8.

  • (2) For the purposes of subsection 14(3) of the Act, where an application under section 13 of the Act is made by a provincial enforcement service, the application and accompanying affidavit may also be sent by the means of electronic communication that has been agreed upon by the provincial enforcement service and the Department of Justice.

  • SOR/97-178, s. 2;
  • SOR/2013-104, s. 1.

Search Request

 The Minister shall, on receiving an application referred to in section 4 together with the supporting documents required under section 14 of the Act, request that the Chairman of the Canada Employment Insurance Commission provide or verify the social insurance number of the person who is the subject of that application, and shall

  • (a) where he receives the social insurance number or verification thereof, transmit a search request in respect of that person to the information bank directors; or

  • (b) where he is informed by the Chairman of the Canada Employment Insurance Commission that the social insurance number cannot be provided or verified, inform the applicant that the search cannot be carried out.

  • SOR/97-178, s. 3.

Search of Designated Information Banks

 For the purpose of section 17 of the Act and subject to section 7 of these Regulations, an information bank director shall, on receiving a search request from the Minister, search the designated information banks under the control of the information bank director for such information concerning the person who is the subject of the search request as may be released under section 16 of the Act.

Release of Information Between Information Bank Directors

  •  (1) An information bank director who receives a search request from the Minister may, before or while carrying out the search referred to in section 6, make a request to the other information bank director for such additional information as may be necessary in order to conduct that search.

  • (2) An information bank director who receives a request referred to in subsection (1) for additional information shall search the designated information banks under his control and shall

    • (a) if the additional information requested is found, communicate the information to the requesting director; or

    • (b) if the additional information requested is not found, report that result to the requesting director.

Release of Information to the Minister

 An information bank director shall transmit to the Minister

  • (a) the information referred to in section 6; or

  • (b) where the information referred to in section 6 has not been found, a report of that result.

 
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