An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (S.C. 2019, c. 16)
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Assented to 2019-06-21
R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act (continued)
44 Paragraph 4(b) of the Act is repealed.
45 Section 5 of the Act is replaced by the following:
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:1993, c. 8, ss. 6 to 9, ss. 10(1), (2), (4) and (5) and s. 11; 1997, c. 1, s. 17 and 18; 2005, c. 38, s. 146; 2012, c. 19, subpar. 695(d)(ii); 2013, c. 40, par. 237(1)(g)
46 The heading before section 7 and sections 7 to 17 of the Act are replaced by the following:
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
Marginal note:Ex parte application
(2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also
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
Marginal note:Ex parte application
(2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also
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
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.
- Date modified: