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 (1) In this Part,

  access provision

  access provision means a provision of an order providing for access to a child; (disposition prévoyant l’accès)

  access right

  access right[Repealed, 2019, c. 16, s. 43]

  central authority

  central authority means any person or entity that is acting as a central authority for the purposes of a convention prescribed by the regulations and that is designated in an agreement entered into with a province under section 3; (autorité centrale)

  contact provision

  contact provision means a provision in an order made under subsection 16.5(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition sur les contacts)

  court

  court[Repealed, 2019, c. 16, s. 43]

  custody provision

  custody provision means a provision of an order providing for custody of a child; (disposition de garde)

  designated authority

  designated authority means any person or entity that is responsible under the Divorce Act or a provincial Act for processing inter-jurisdictional support applications and that is designated in an agreement with a province entered into under section 3; (autorité désignée)

  family provision

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

  information bank

  information bank means an information bank that is designated by the regulations; (fichier)

  information bank director

  information bank director means a person who is designated by the regulations as the information bank director for a given information bank; (directeur de fichier)

  Minister

  Minister means the Minister of Justice; (ministre)

  order

  order[Repealed, 2019, c. 16, s. 43])

  parenting provision

  parenting provision means a provision in an order made under subsection 16.1(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition parentale)

  provincial child support service

  provincial child support service means any entity that is designated in an agreement with a province entered into under section 3, and that calculates or recalculates the amount of child support; (service provincial des aliments pour enfants)

  provincial enforcement service

  provincial enforcement service means any entity that is entitled under the laws of a province to enforce family provisions and that is designated in an agreement with the province entered into under section 3; (autorité provinciale)

  provincial information bank

  provincial information bank[Repealed, 2019, c. 16, s. 43]

  support provision

  support provision means a provision of an order for maintenance, alimony or support. (disposition alimentaire)

• Marginal note:Definition of order

  (2) For the purposes of subsection (1), paragraphs 8(1)(b) and 9(1)(b) and subparagraphs 16(2)(a)(ii) and (b)(ii), unless a contrary intention appears, order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province.

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.

• (b) [Repealed, 2019, c. 16, s. 44]

Marginal note:Designation

5 The Minister and a province may designate, in an agreement made under section 3, one or more provincial child support services, provincial enforcement services, designated authorities and central authorities for the purposes of this Part.

Marginal note:Agreement with police force

• 5.1 (1) The Minister may, on behalf of the Government of Canada, enter into an agreement with any police force in Canada for the search for and the release of information under this Part.

• Marginal note:Contents of agreement

  (2) The agreement must provide for the establishment of safeguards for the protection of information released under this Part.

Marginal note:Agreements regarding comprehensive pension plans

6 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.

Applications for the Release of Information

General Provisions

Marginal note:Form of application

6.1 An application under this Part for the release of information must be in the form approved by the Minister and contain the information prescribed by the regulations.

Marginal note:Provincial enforcement service acting on behalf of other entities

6.2 For the purposes of this Part, a provincial enforcement service may act on behalf of a provincial child support service, designated authority or central authority.

Court

Marginal note:Application to court

7 Any person, body or service that is seeking to have a support provision established or varied or that is entitled to have a family provision enforced may, on application, which may be made ex parte, request that a court authorize an official of the court to make an application under section 12.

Marginal note:Contents of application — establishment or variation of support provision

• 8 (1) The application under section 7 in relation to the establishment or variation of a support provision must be accompanied by

  • (a) an affidavit that sets out the reasons for the making of the application; and

  • (b) in the case of an application in relation to the variation of a support provision, a copy of the order that contains the support provision.

• Marginal note:Ex parte application

  (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also

  • (a) state that reasonable steps have been taken to locate the person in respect of whom the applicant is seeking to have a support provision established or varied and that the person has not been located; and

  • (b) set out the particulars of those reasonable steps.

• Marginal note:Ex parte application by individual

  (3) If the application is made ex parte by an individual,

  • (a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

  • (b) the affidavit referred to in paragraph (1)(a) must also

    • (i) state that the sole purpose of the application is to obtain information for the establishment or variation of a support provision,

    • (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person referred to in paragraph 2(a), or with the child or children that is, are or may be the subject of the support provision, or there is a proceeding respecting such a restriction,

    • (iii) state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

    • (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.

Marginal note:Contents of application — enforcement of family provision

• 9 (1) The application under section 7 in relation to the enforcement of a family provision must be accompanied by

  • (a) an affidavit that

    • (i) sets out the reasons for the making of the application,

    • (ii) alleges a breach of the family provision, and

    • (iii) sets out particulars of the breach and identifies the person who

      • (A) if the family provision is a support provision, is in arrears, or

      • (B) if the family provision is a parenting provision, contact provision, custody provision or access provision, is believed to have with them the child or children who is or are the subject of the provision; and

  • (b) a copy of the order containing the family provision.

• Marginal note:Ex parte application

  (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also

  • (a) state that reasonable steps have been taken to locate the person, child or children referred to in subparagraph (1)(a)(iii) and that the person, child or children has or have not been located; and

  • (b) set out the particulars of those reasonable steps.

• Marginal note:Ex parte application by individual

  (3) If the application is made ex parte by an individual,

  • (a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

  • (b) the affidavit referred to in paragraph (1)(a) must also

    • (i) state that the sole purpose of the application is to obtain information to enforce the family provision,

    • (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person, child or children referred to in subparagraph (1)(a)(iii), or there is a proceeding respecting such a restriction,

    • (iii) state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

    • (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.

Marginal note:Authorization

10 A court seized of a valid application under section 7 may make an order in writing authorizing an official of the court to make an application under section 12, if the court is satisfied

• (a) that the sole purpose of the application is to obtain information for the establishment or variation of a support provision or the enforcement of a family provision;

• (b) that the order is not likely to jeopardize the safety or security of any person; and

• (c) in the case of an ex parte application, that the steps referred to in paragraph 8(2)(a) or paragraph 9(2)(a), as the case may be, have been taken.

Marginal note:Non-disclosure of order

11 In the case of an application made ex parte by an individual, the court may order that the Minister shall not, under section 12.1, send to the person referred to in paragraph 8(2)(a) or 9(2)(a), as the case may be, a copy of the order that authorizes the making of the application and a notice informing them that information will be released.

Marginal note:Application for release of information

• 12 (1) An official who is authorized to do so under section 10 may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the official.

• Marginal note:Supporting documents

  (2) The application must be accompanied by a copy of the order made under section 10 that authorizes the making of the application.

Marginal note:Release of information — duty to inform

12.1 Unless the court orders otherwise, if the application is made ex parte by an individual, the Minister shall release information under this Part to the official who made the application only if the Minister has sent to the person referred to in paragraph 8(2)(a) or 9(2)(a) a copy of the order that authorizes the making of the application and a notice informing them that information will be released.

Marginal note:Information given to court

• 13 (1) If information is released under this Part to an official who is authorized under section 10 to apply for the release under section 12, the official shall give the information to the court that granted the authorization.

• Marginal note:Sealing of information

  (2) The information received by the official and subsequently given to the court shall be sealed and kept in a location to which the public has no access.

• Marginal note:Disclosure of information

  (3) The court may, for the purpose of establishing or varying a support provision or enforcing a family provision, disclose the information to any person, service or body or official of the court that it considers appropriate and may make any order to protect the confidentiality of the information.

Peace Officer

Marginal note:Application for release of information

• 14 (1) A peace officer who is investigating a child abduction under section 282 or 283 of the Criminal Code may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the peace officer.

• Marginal note:Supporting documents

  (2) The application must be accompanied by an affidavit submitted by the peace officer in accordance with subsection (3).

• Marginal note:Contents of affidavit

  (3) The affidavit must

  • (a) state that the officer has reasonable grounds to believe that an offence referred to in section 282 or 283 of the Criminal Code has been committed;

  • (b) state that the information will be used in the investigation of the offence;

  • (c) identify the person who is believed to have committed the offence and the child or children who is or are alleged to have been abducted; and

  • (d) state that reasonable steps have been taken to locate the person, child or children and that the person, child or children has or have not been located, and set out particulars of those reasonable steps.

Provincial Enforcement Service

Marginal note:Application for release of information

• 15 (1) A provincial enforcement service may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial enforcement service.

• Marginal note:Purposes

  (2) An application may be made

  • (a) to obtain information about a person who is in arrears under a support provision in order to enforce the provision;

  • (b) to locate a person who is in breach of a parenting provision, a contact provision, a custody provision or an access provision and who is believed to have with them the child or children who is or are the subject of the provision; or

  • (c) to locate a creditor or debtor under a support provision.

Provincial Child Support Service

Marginal note:Application for release of information

15.1 A provincial child support service may, in order to calculate or recalculate the amount of child support, apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial child support service.

Designated Authority

Marginal note:Application for release of information

• 16 (1) A designated authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the designated authority.

• Marginal note:Purposes

  (2) An application may be made

  • (a) to obtain assistance with the processing of an application made

    • (i) under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the parties habitually reside in different provinces, or

    • (ii) under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order; or

  • (b) to obtain assistance with the processing of an application that could be made

    • (i) under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the prospective parties habitually reside in different provinces, or

    • (ii) under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order.

Central Authority

Marginal note:Application for release of information

• 16.1 (1) A central authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the central authority.

• Marginal note:Purposes

  (2) An application may be made

  • (a) to respond to a request for assistance made under a convention that is prescribed by the regulations for the purpose of this paragraph; or

  • (b) to obtain assistance with the processing of an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.

Search of Information Banks and Release of Information

Marginal note:Request to information bank directors

• 17 (1) On the receipt of an application under this Part, the Minister shall immediately transmit a search request to the information bank directors.

• Marginal note:Request by Minister

  (2) On the Minister’s own initiative and for a purpose described in subsection (3), the Minister may transmit a search request to the information bank directors in order to release the information prescribed by the regulations to the Minister.

• Marginal note:Purposes

  (3) A request may be made

  • (a) to locate a person named in a request for assistance made under a convention that is prescribed by the regulations for the purpose of this paragraph; or

  • (b) to locate a person named in an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.

• Marginal note:Search of information banks

  (4) On the receipt of a search request, the information bank directors shall, in accordance with the regulations, cause their designated information banks to be searched immediately and then periodically during the 12-month period following the receipt of the request.

Marginal note:Release of information — information banks

18 Subject to the regulations, information in an information bank may be released by one information bank director to another information bank director or to the Minister to assist in conducting a search under this Part.

Marginal note:Transmission of information to Minister

19 If information requested under this Part is found in an information bank, 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 the search.

Marginal note:Release of information by Minister

19.1 Subject to section 20, the Minister shall release to the applicant the information transmitted to the Minister under this Part.

Marginal note:Safeguards — provincial entities

• 20 (1) The Minister shall release information under this Part to an applicant that is a provincial enforcement service, a provincial child support service, a designated authority or a central authority only if the province of the applicant has entered into an agreement under section 3 and the Minister is satisfied that the safeguards provided for in the agreement are in place.

• Marginal note:Safeguards — peace officer

  (2) The Minister shall release information under this Part to an applicant who is a peace officer only if the police force to which the officer belongs has entered into an agreement under section 5.1 and the Minister is satisfied that the safeguards provided for in the agreement are in place.

Marginal note:Search request — Minister’s own initiative

20.1 If a search request is made by the Minister on the Minister’s own initiative under subsection 17(2), the Minister may release the information to a person that the Minister considers appropriate.

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 (1) Subject to subsection (2), the Governor in Council may make regulations

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

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

  • (b) designating the information banks that may be searched under this Part and the information bank directors for those information banks;

  • (c) setting out the time and 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 another or to the Minister;

  • (d.1) prescribing the information that is released to an applicant under this Part, which information may vary according to the applicant to whom the information is released;

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

  • (e.1) respecting the time and manner in which the Minister must send a copy of an order and a notice under section 12.1;

  • (e.2) prescribing or providing for anything that by this Part is to be prescribed or provided for by the regulations; and

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

• Marginal note:Limitation

  (2) Regulations with respect to the release of taxpayer information, as defined in section 241 of the Income Tax Act, may be made under subsection (1) only on the recommendation of the Minister with the concurrence of the Minister of Finance.

PART IIGarnishment of Federal Moneys to Satisfy Orders

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 that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (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 enforcement service

  provincial enforcement service has the same meaning as in section 2; (autorité provinciale)

  provincial garnishment law

  provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of orders; (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 province in which a garnishee summons is issued in respect of the moneys.

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:Her Majesty no longer bound

30 A garnishee summons against a judgment debtor ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.

31 [Repealed, 2019, c. 16, s. 55]

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 any method prescribed by the regulations.

35 [Repealed, 2019, c. 16, s. 56]

Administrative Procedures

Marginal note:Notice to ministers

36 Immediately after being served with the documents referred to in section 28, the Minister shall notify every minister who is responsible for garnishable moneys of the service of the documents and shall provide them with the information that may be necessary to assist them in determining whether any garnishable moneys are payable to the judgment debtor.

Marginal note:Initial report by ministers

37 Immediately after being notified under section 36, each minister who is responsible for garnishable moneys shall report to the Minister on whether those moneys are payable or are foreseeably payable to the judgment debtor.

Marginal note:Demand under Income Tax Act

37.1 For the purposes of section 37, if the Minister of National Revenue knows or suspects that garnishable moneys would be payable to a judgment debtor were the debtor to file a return of income for a taxation year, that Minister may, in accordance with subsection 150(2) of the Income Tax Act, demand that the debtor file a return of income for that taxation year.

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, the Minister and 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 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

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 any 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) If provincial garnishment law permits a payment to a provincial enforcement service of the province, 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 If a garnishee summons is served on the Minister under this Part, the Minister may notify the judgment debtor named in the garnishee summons of that service.

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

Recovery of Excess Payments

Marginal note:Payments to judgment debtor

49 If a judgment debtor is paid any garnishable moneys to which the judgment debtor is not entitled by reason of garnishment proceedings permitted under this Part, the amount that is paid 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, if 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 excess 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 way of deduction from, or set-off or compensation 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 of the fee referred to in section 58, it is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by way of deduction from, or set-off or compensation 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, the provision of that Act or the program under that Act by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of orders;

• (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;

• (c.1) specifying periods and circumstances for the purposes of section 30;

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

• (e) respecting the methods of service of documents and providing for the day on which service of documents on the Minister is deemed to be effected;

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

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

• (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 time and 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. (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, means

• (a) arrears in any amount 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

• (b) accumulated arrears of $3,000 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 means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province for maintenance, alimony or support. (ordonnance alimentaire)

support provision

support provision[Repealed, 2019, c. 16, s. 70]

Marginal note:Amendments to schedule

63 The Governor in Council may, by order, amend the schedule to add to or delete any type or class of licence that may be issued to an individual under an Act of Parliament or under 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 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) If a debtor is in persistent arrears, a provincial enforcement service may apply to the Minister requesting that the following actions be taken:

  • (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 form approved by the Minister and must contain the prescribed information.

• Marginal note:Statement

  (3) An application must contain a statement by an officer of the provincial enforcement service confirming the following:

  • (a) that the provincial enforcement service is satisfied that the debtor is in persistent arrears;

  • (b) that the provincial enforcement service has made reasonable attempts to enforce the support order 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,

    • (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.

Marginal note:Informing appropriate Ministers

68 Immediately on the receipt of a licence denial application, the Minister shall notify each appropriate Minister of the receipt of the application, and shall provide them with any information that may be necessary to assist them in determining whether the debtor to whom the application relates is the holder of a schedule licence.

Marginal note:Right to search information banks

68.1 Subject to the regulations, the Minister and the appropriate Minister are entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of the debtor.

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 against the debtor that are enforced by a licence denial application,

    • (ii) is complying, in respect of those support orders, 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 those support orders against the debtor.

• Marginal note:Request — form and manner

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

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.

77 [Repealed, 2019, c. 16, s. 77]

Regulations

Marginal note:Regulations

78 The Governor in Council may make regulations

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

• (b) prescribing anything that by this Part is to be or may be prescribed.

PART IVGeneral Provisions

No Liability

Marginal note:No liability

78.1 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 exercise of any power or performance of any duty under Part I or III.

Research

Marginal note:Matters governed by this Act

78.2 The Minister may undertake research related to matters governed by this Act.

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 An officer or employee of, or person who is hired on a contractual basis by, Her Majesty in right of Canada who obtains personal information, as defined in section 3 of the Privacy Act, under this Act shall not, except in performing their duties under this Act or if so authorized under another Act of Parliament, knowingly communicate the information or allow it 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.