Short Title

Marginal note:Short title

1 This Act may be cited as the Family Orders and Agreements Enforcement Assistance Act.

PART IRelease of Information

Interpretation

Marginal note:Definitions

2 In this Part,

access right

droit d’accès

access right means a right, granted in an order or agreement, of access to or visitation of a child; (droit d’accès)

court

tribunal

court means a court having jurisdiction with respect to the enforcement of family provisions; (tribunal)

custody provision

disposition de garde

custody provision means a provision of an order or agreement awarding custody of a child; (disposition de garde)

family provision

disposition familiale

family provision means a support provision, a custody provision or an access right; (disposition familiale)

information bank director

directeur de fichier

information bank director means

• (a) with respect to any of the information banks controlled by the Department of Human Resources and Skills Development that may be searched under this Part, the Minister of Human Resources and Skills Development,

• (b) with respect to any of the information banks controlled by the Canada Employment Insurance Commission that may be searched under this Part, the Chairman of the Canada Employment Insurance Commission, and

• (c) with respect to any of the information banks controlled by the Canada Revenue Agency that may be searched under this Part, the Minister of National Revenue; (directeur de fichier)

Minister

ministre

Minister means the Minister of Justice; (ministre)

order

ordonnance

order means any order or judgment, or interim order or judgment, relating to family support, custody or access that is enforceable in a province; (ordonnance)

provincial enforcement service

autorité provinciale

provincial enforcement service means any service, agency or body designated in an agreement with a province under section 3 that is entitled under the laws of the province to enforce family provisions; (autorité provinciale)

provincial information bank

fichier provincial

provincial information bank means a source of information designated in an agreement made under section 3; (fichier provincial)

support provision

disposition alimentaire

support provision means a provision of an order or agreement for maintenance, alimony or family financial support and includes any order for arrears of payments thereof. (disposition alimentaire)

Federal-Provincial Agreements

Marginal note:Agreements with provinces for application of Part

3 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

4 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

5 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

6 With the approval of the Governor in Council, the Minister of Human Resources and Skills 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 Human Resources and Skills 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 Human Resources and Skills Development that contains information in respect of contributors to and beneficiaries under that comprehensive pension plan.

Applications to Court

Marginal note:Applications to court

7 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.

Marginal note:Applications in relation to family provisions

• 8 (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.

Marginal note:Contents of affidavit

9 An affidavit in support of an application under section 7 in relation to a family provision 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 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 have not been located;

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

• (e) where the affidavit is not accompanied by the proof referred to in paragraph 8(1)(c), disclose that there are reasonable grounds to believe that the person, child or children referred to in paragraph (c) has or have left the province of the court seized of the application to which the affidavit relates and set out information in support of that belief.

10 and 11 [Repealed, 1993, c. 8, s. 7]

Marginal note:Court shall grant authorization

12 A court seized of a valid application under section 7 shall, if it is satisfied

• (a) that reasonable steps have been taken to locate the person, child or children to whom the application relates, and

• (b) where it is alleged that the person, child or children to whom the application relates has or have left the province of the court, that the allegation is based on reasonable grounds,

grant an authorization in writing authorizing any judge of that court or any officer thereof, as the case may be, to apply for the release of information under this Part.

Applications for the Release of Information

Marginal note:Applications for the release of information

13 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.

Marginal note:Form of application

• 14 (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.

Marginal note:Information banks that may be searched

15 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 Human Resources and Skills Development, the Canada Revenue Agency and the Canada Employment Insurance Commission.

Marginal note:Information that may be released

16 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

17 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.

Marginal note:Transfer of information between information banks

18 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

19 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.

Marginal note:New information

19.1 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.

Marginal note:Release of information to applicant

20 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

21 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

22 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.

PART IIGarnishment of Federal Moneys to Satisfy Support Orders and Support Provisions

Interpretation

Marginal note:Definitions

• 23 (1) In this Part,

  garnishable moneys

  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; (sommes saisissables)

  garnishee summons

  garnishee summons includes any document or court order of similar nature; (bref de saisie-arrêt)

  garnishment

  garnishment includes attachment; (Version anglaise seulement)

  Her Majesty

  Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

  judgment debtor

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

  Minister

  Minister means the Minister of Justice; (ministre)

  provincial garnishment law

  provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of support orders and support provisions; (droit provincial en matière de saisie-arrêt)

  support order

  support order means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province; (ordonnance alimentaire)

  support provision

  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. (entente alimentaire)

• 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.

Garnishment of Her Majesty

Marginal note:Her Majesty may be garnisheed

24 Notwithstanding any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of support orders and support provisions, be garnisheed in accordance with this Part in respect of all garnishable moneys.

Marginal note:Provincial garnishment law applies

25 Subject to section 26 and any regulations made under this Part, garnishment under this Part shall be in accordance with provincial garnishment law.

Marginal note:Inconsistencies with provincial garnishment law

26 In the event of any inconsistency between this Part or a regulation made under this Part and provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency.

Marginal note:Location of garnishable moneys

27 For the purposes of this Part, garnishable moneys are deemed to be located in the jurisdiction of every court requested to issue a garnishee summons in respect thereof.

Garnishee Summons

Marginal note:Service binds Her Majesty for five years

28 Subject to this Part and the regulations, service of the following documents on the Minister, namely,

• (a) a garnishee summons, and

• (b) [Repealed, 1997, c. 1, s. 21]

• (c) an application in the form prescribed by the regulations,

binds Her Majesty for five years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.

Marginal note:Calculation of five year period

29 For the purposes of section 28, the five year period referred to in that section commences on the expiration of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.

Garnishee Summons of Continuing Effect

Marginal note:Garnishee summons of continuing effect

30 Subject to section 31, where a garnishee summons of continuing effect is served on the Minister under this Part and garnishable moneys become payable to the judgment debtor in the five year period during which Her Majesty is bound by the garnishee summons, Her Majesty shall, at the expiration of that period, continue to be bound in accordance with the garnishee summons in respect of all subsequent payments of garnishable moneys to the judgment debtor that are authorized by the same Act of Parliament, provision thereof or program thereunder that authorized the payments of the garnishable moneys to the judgment debtor in the period during which Her Majesty was originally bound by the garnishee summons.

Marginal note:Limitation

31 Her Majesty shall cease to be bound under section 30 in respect of any garnishable moneys authorized by any particular Act of Parliament, provision thereof or program thereunder if no such moneys become payable to the judgment debtor for any period of one hundred and eighty consecutive days.

Service of Documents

Marginal note:Time of service

32 A garnishee summons served on the Minister has effect only if it is served on the Minister in the first thirty days following the first day on which it could have been validly served on the Minister.

Marginal note:Place of service

33 Service of documents on the Minister in connection with garnishment proceedings permitted by this Part must be effected at the place specified in the regulations.

Marginal note:Method of service

34 In addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by registered mail or by any other method prescribed in the regulations.

Marginal note:Service by registered mail

35 Where service of a document on the Minister under this Part is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Minister.

Administrative Procedures

Marginal note:Notice to ministers

36 Forthwith after receipt of the documents referred to in section 28, the Minister shall notify every minister responsible for garnishable moneys of the service thereof and provide each such minister with such information as may be necessary to assist that other minister in determining whether any garnishable moneys are payable to the judgment debtor.

Marginal note:Initial report by ministers

37 Forthwith after being notified pursuant to section 36, each minister responsible for garnishable moneys shall report to the Minister on whether such moneys are payable or are foreseeably payable to the judgment debtor.

Marginal note:Obligation to monitor and report back

38 In addition to reporting under section 37, each minister responsible for garnishable moneys shall continue to monitor the payments of those moneys the entire time during which Her Majesty is bound in respect of payments thereof and report to the Minister whenever any payments to the judgment debtor become payable or foreseeably payable.

Marginal note:Additional information with every report

39 When reporting that garnishable moneys are payable or are foreseeably payable to the judgment debtor, each minister shall also inform the Minister of the amounts payable and the times when those moneys became, or will become, payable.

Marginal note:Right to search information banks

40 Subject to the regulations, every minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information that minister deems necessary to confirm the identity of any judgment debtor.

Response to Garnishee Summons

Marginal note:Response time

41 The Minister, on behalf of Her Majesty, shall respond to every garnishee summons within the time prescribed by the regulations.

Marginal note:Methods of response to garnishee summons

42 In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by registered mail or by any other method prescribed by the regulations.

Marginal note:Response by registered mail

43 Where the Minister responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Minister has responded to the garnishee summons.

Discharge of Liability

Marginal note:Effect of payment into court

• 44 (1) A payment into court by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.

• Marginal note:Effect of payment to provincial enforcement service

  (2) Where a payment to a provincial enforcement service as defined in section 2 is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.

Notice to Judgment Debtor

Marginal note:Notice to judgment debtor

45 Where a garnishee summons is served on the Minister under this Part, the Minister shall, in the form, within the time and in the manner prescribed by the regulations, notify the judgment debtor named in the garnishee summons of that service.

46 to 48 [Repealed, 1993, c. 8, s. 17]

Recovery of Payments

Marginal note:Payments to judgment debtor

49 Where a judgment debtor is paid any garnishable moneys to which he is not entitled by reason of garnishment proceedings permitted under this Part, the amount thereof is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor.

Marginal note:Payments to party that instituted proceedings

50 Subject to section 51, where garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part in excess of the amount that should be paid to or for the benefit of that party, the amount thereof is a debt due to Her Majesty by that party and may be recovered as such in accordance with the Financial Administration Act or by deduction or set-off against any garnishable moneys payable to or for the benefit of that party under this Part.

Marginal note:Exception

51 Where it is determined that the reason for the payment of excess moneys referred to in section 50 is that the judgment debtor was not entitled to the garnishable moneys garnisheed under this Part, the amount of the excess is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the garnishable moneys garnisheed under this Part.

General

Marginal note:Ranking of Her Majesty

52 When a judgment debtor is indebted to

• (a) Her Majesty, or

• (b) Her Majesty in right of a province on account of taxes payable to any province, and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on behalf of the province,

Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any garnishable moneys that are payable to the judgment debtor notwithstanding that a garnishee summons in respect of those moneys has been served on the Minister, and the amount of the indebtedness may be recovered or retained in any manner authorized by law.

Marginal note:Multiple garnishee summonses

53 Where more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor and the garnishable moneys payable to the judgment debtor are insufficient to satisfy all the garnishee summonses, payment shall be made on a proportional basis.

Marginal note:No execution against Her Majesty

54 No execution shall issue on a judgment given against Her Majesty in garnishment proceedings permitted by this Part.

Garnishment, Attachment and Pension Diversion Act

Marginal note:Garnishment, Attachment and Pension Diversion Act

55 In the event that a garnishee summons that binds Her Majesty may be honoured under this Part or the Garnishment, Attachment and Pension Diversion Act, the garnishee summons shall be honoured first under the Garnishment, Attachment and Pension Diversion Act and secondly under this Part.

Prohibitions

Marginal note:Prohibition on disentitlement

56 No person may be disentitled or disqualified in respect of any payment or future payment of garnishable moneys solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Marginal note:Prohibition on dismissal

57 No person may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Fee

Marginal note:Fee

58 A fee in the amount prescribed by the regulations is chargeable in respect of the processing of every garnishee summons served on the Minister.

Marginal note:Chargeable against judgment debtor

59 Subject to any regulations respecting the remittance thereof, the fee referred to in section 58 is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by deduction or set-off against any garnishable moneys payable to the judgment debtor.

Marginal note:Restriction

60 The fee referred to in section 58 may not be recovered out of any garnishable moneys to be used to honour a garnishee summons.

Regulations

Marginal note:Regulations

61 The Governor in Council may make regulations

• (a) designating Acts of Parliament, provisions thereof and programs thereunder for the purposes of the definition garnishable moneys;

• (a.1) prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament or provision thereof or program thereunder by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of support orders and support provisions;

• (b) prescribing the form of the application referred to in paragraph 28(c);

• (c) prescribing the period of time before which Her Majesty becomes bound by the service of the documents referred to in section 28;

• (d) specifying the place where service of documents on the Minister must be effected in connection with garnishment proceedings permitted under this Part;

• (e) prescribing the methods in which service of documents in connection with garnishment proceedings permitted under this Part may be effected on the Minister;

• (f) respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I;

• (g) prescribing the time within which and the methods by which the Minister must respond to garnishee summonses;

• (h) prescribing the form of the notification referred to in section 45 and the time within which and the manner in which it must be sent;

• (i) prescribing a fee in respect of the processing of garnishee summonses and the manner of collecting the fee;

• (j) respecting the remission, in whole or in part, of the fee referred to in section 58; and

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

PART IIILicence Denial

Interpretation

Marginal note:Definitions

62 The definitions in this section apply in this Part.

appropriate Minister

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

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

licence

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

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

Minister

Minister means the Minister of Justice. (ministre)

persistent arrears

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

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

provincial enforcement service

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

schedule licence

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

support order

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

support provision

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)

Marginal note:Amendments to schedule

63 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.

Purpose of Part

Marginal note:Purpose of Part

64 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.

Application of Part

Marginal note:Application of Part

65 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.

Marginal note:Royal prerogative

66 Nothing in this Part in any manner limits or affects Her Majesty’s royal prerogative with respect to passports.

Licence Denial Application

Marginal note:Application

• 67 (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.

Processing of Licence Denial Applications

Marginal note:Informing appropriate Ministers

68 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.

Obligations of Appropriate Ministers

Marginal note:Determination — does debtor hold schedule licence

• 69 (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.

Marginal note:Refusal to issue schedule licence

70 An appropriate Minister who is informed of a licence denial application in respect of a debtor shall refuse to issue a schedule licence to the debtor.

No Appeal

Marginal note:No appeal

71 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, no appeal lies from any action taken under this Part.

Request to Terminate Application of Part

Marginal note:Request to terminate application of Part

• 72 (1) A provincial enforcement service shall immediately request that all actions taken under this Part in respect of a debtor be terminated where

  • (a) the provincial enforcement service is satisfied that the debtor

    • (i) is no longer in arrears under all support orders and support provisions against the debtor that have been enforced by a licence denial application,

    • (ii) is complying, in respect of all support orders and support provisions against the debtor that have been enforced by a licence denial application, with a payment plan that the provincial enforcement service considers reasonable, or

    • (iii) is unable to pay the amount in arrears and that the application of this Part against the debtor is not reasonable in the circumstances; or

  • (b) the provincial enforcement service ceases to enforce all support orders and support provisions against the debtor that have been enforced by a licence denial application.

• Marginal note:Prescribed manner

  (2) A request under subsection (1) must be made to the Minister in the prescribed manner.

Marginal note:Informing appropriate Ministers

73 Where the Minister receives a request under section 72, the Minister shall immediately inform each appropriate Minister of the receipt of the request.

Marginal note:Obligation of appropriate Ministers

74 Immediately on being informed under section 73, each appropriate Minister shall

• (a) cancel the suspension of every schedule licence suspended by that appropriate Minister and inform the licence holder that the suspension has been cancelled;

• (b) stop refusing to renew schedule licences of the debtor solely on the basis of this Part; and

• (c) stop refusing to issue schedule licences to the debtor solely on the basis of this Part.

Marginal note:When licence not revived

75 The cancellation of the suspension of a schedule licence pursuant to section 74 does not operate to revive the licence if the term of the licence expired while the suspension was in force.

Offence

Marginal note:Offence

76 Every person who is notified that a passport issued to the person has been suspended under this Part and who fails to return the passport forthwith to a Passport Office, as defined in section 2 of the Canadian Passport Order, or who subsequently uses the passport after being so notified, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

No Liability

Marginal note:No liability

77 No action lies against Her Majesty in right of Canada, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty in right of Canada for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.

Regulations

Marginal note:Regulations

78 The Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

PART IVRelease Authorization and Confidentiality

Release Authorization

Marginal note:Release authorization

79 Notwithstanding any provision in any other Act of Parliament that prohibits or restricts the release of information, the following information may be released for the purposes of this Act:

• (a) information in any information bank that may be searched under Part I,

• (b) information that is necessarily incidental to the garnishment of moneys under Part II, and

• (c) information that is necessarily incidental to the administration of Part III.

Prohibition, Offence and Punishment

Marginal note:Prohibition

80 No officer or employee of Her Majesty, and no person who is hired on a contractual basis by Her Majesty to assist in the administration of this Act, who obtains any information pursuant to this Act shall, except as provided in this Act, knowingly communicate or knowingly allow the information to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information.

Marginal note:Offence and punishment

81 Every person who contravenes section 80 is guilty of an offence, and is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding $1,000, or to both.

Marginal note:Limitation period

82 Any proceedings under section 81 may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.