Family Orders and Agreements Enforcement Assistance Act

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.