Family Orders and Agreements Enforcement Assistance Act

Contents

1Short title#

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

Part I · Release of Information

2Definitions#

(1)In this Part,

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

access right [Repealed, 2019, c. 16, s. 43]

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court [Repealed, 2019, c. 16, s. 43]

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

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

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

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 means the Minister of Justice; (ministre)

order [Repealed, 2019, c. 16, s. 43])

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provincial information bank [Repealed, 2019, c. 16, s. 43]

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

(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

3Agreements with provinces for application of Part#

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.

4Contents of agreements#

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] (repealed)

^note

5Designation#

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.^note

5.1Agreement with police force#

(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.

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

^note

6Agreements regarding comprehensive pension plans#

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.

^note

Applications for the Release of Information

General Provisions

6.1Form of application#

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.^note

6.2Provincial enforcement service acting on behalf of other entities#

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.^note

Court

7Application to court#

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.^note

8Contents of application — establishment or variation of support provision#

(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.

(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.

(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.

^note

9Contents of application — enforcement of family provision#

(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.

(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.

(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,

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

^note

10Authorization#

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.

^note

11Non-disclosure of order#

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.^note

12Application for release of information#

(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.

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

^note

12.1Release of information — duty to inform#

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.^note

13Information given to court#

(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.

(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.

(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.

^note

Peace Officer

14Application for release of information#

(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.

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

(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.

^note

Provincial Enforcement Service

15Application for release of information#

(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.

(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.

^note

Provincial Child Support Service

15.1Application for release of information#

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.^note

Designated Authority

16Application for release of information#

(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.

(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.

^note

Central Authority

16.1Application for release of information#

(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.

(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.

^note

Search of Information Banks and Release of Information

17Request to information bank directors#

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

(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.

(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.

(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.

^note

18Release of information — information banks#

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.^note

19Transmission of information to Minister#

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.^note

19.1Release of information by Minister#

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

20Safeguards — provincial entities#

(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.

(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.

^note

20.1Search request — Minister’s own initiative#

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.^note

21Exception for security name changes#

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

22Regulations by Governor in Council#

(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.

(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.

^note

Part II · Garnishment of Federal Moneys to Satisfy Orders

Interpretation

23Definitions#

(1)In this Part,

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 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 includes attachment; (Version anglaise seulement)

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

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 means the Minister of Justice; (ministre)

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

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

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)

(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.

^note

Garnishment of Her Majesty

24Her Majesty may be garnisheed#

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.

25Provincial garnishment law applies#

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

26Inconsistencies with provincial garnishment law#

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.

27Location of garnishable moneys#

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.^note

Garnishee Summons

28Service binds Her Majesty for five years#

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] (repealed)

(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.^note

29Calculation of five year period#

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.^note

Garnishee Summons of Continuing Effect

30Her Majesty no longer bound#

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

31 #

[Repealed, 2019, c. 16, s. 55] (repealed)

Service of Documents

32Time of service#

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.

33Place of service#

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.

34Method of service#

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.^note

35 #

[Repealed, 2019, c. 16, s. 56] (repealed)

Administrative Procedures

36Notice to ministers#

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.^note

37Initial report by ministers#

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.^note

37.1Demand under Income Tax Act#

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.^note

38Obligation to monitor and report back#

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.

39Additional information with every report#

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.

40Right to search information banks#

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.^note

Response to Garnishee Summons

41Response time#

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

42Methods of response#

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.^note

43Response by registered mail#

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.^note

Discharge of Liability

44Effect of payment into court#

(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.

(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.

^note

Notice to Judgment Debtor

45Notice to judgment debtor#

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.^note

46 to 48 #

[Repealed, 1993, c. 8, s. 17] (repealed)

Recovery of Excess Payments

49Payments to judgment debtor#

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.^note

50Payments to party that instituted proceedings#

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.^note

51Exception#

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

52Ranking of Her Majesty#

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.^note

53Multiple garnishee summonses#

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.

54No execution against Her Majesty#

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

Garnishment, Attachment and Pension Diversion Act

55Garnishment, Attachment and Pension Diversion Act#

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

56Prohibition on disentitlement#

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.

57Prohibition on dismissal#

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

58Fee#

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

59Chargeable against judgment debtor#

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.^note

60Restriction#

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

Regulations

61Regulations#

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.

^note

Part III · Licence Denial

Interpretation

62Definitions#

The definitions in this section apply in this Part.

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

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

Minister means the Minister of Justice. (ministre)

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 means prescribed by the regulations. (Version anglaise seulement)

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

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

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

^note

63Amendments to schedule#

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.^note

Purpose of Part

64Purpose of Part#

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.^note

Application of Part

65Application of Part#

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.^note

66Royal prerogative#

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

Licence Denial Application

67Application#

(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.

(2)An application must be in the form approved by the Minister and must contain the prescribed information.

(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.

(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.

(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.

^note

68Informing appropriate Ministers#

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.^note

68.1Right to search information banks#

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.^note

Obligations of Appropriate Ministers

69Determination — does debtor hold schedule licence#

(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.

(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.

(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.

^note

70Refusal to issue schedule licence#

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.^note

No Appeal

71No appeal#

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.^note

Request to Terminate Application of Part

72Request to terminate application of Part#

(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.

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

^note

73Informing appropriate Ministers#

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

74Obligation of appropriate Ministers#

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.

^note

75When licence not revived#

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.^note

Offence

76Offence#

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.^note

77 #

[Repealed, 2019, c. 16, s. 77] (repealed)

Regulations

78Regulations#

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.

^note

Part IV · General Provisions

No Liability

78.1No liability#

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.^note

Research

78.2Matters governed by this Act#

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

Release Authorization

79Release authorization#

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.

^note

Prohibition, Offence and Punishment

80Prohibition#

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.^note

81Offence and punishment#

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.^note

82Limitation period#

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.^note

Licences (Sections 62 and 63)

Canadian Passport OrderAeronautics ActCanada Shipping Act or Canada Shipping Act, 2001

Related provisions

— 1993, c. 8, ss. 19(3), (4)Sections 7, 12, 13, 14, 17, 19 and 19.1 of the Family Orders and Agreements Enforcement Assistance Act, as enacted or amended by sections 6 and 8 to 12 of this Act, apply only to applications for the release of information received under the Family Orders and Agreements Enforcement Assistance Act after the coming into force of those sections.Sections 28 to 30 of the Family Orders and Agreements Enforcement Assistance Act, as enacted by section 15 of this Act, apply only to garnishee summonses served after the coming into force of that section. — 2019, c. 16, s. 120In this section, other Act means the Family Orders and Agreements Enforcement Assistance Act.Part I of the other Act, as it read immediately before the day on which section 46 of this Act comes into force, applies to an application made before that day under any of sections 7 to 14 of the other Act and with respect to which the 12-month period set out in section 17 of the other Act has not expired on that day.Sections 28 and 29 of the other Act, as it read immediately before the day on which section 54 of this Act comes into force, applies to a garnishee summons and an application served on Her Majesty in right of Canada under section 28 of the other Act before that day and which bind Her Majesty in right of Canada on or after that day.

Amendments not in force

— 2019, c. 16, s. 51The definitions support order and support provision in subsection 23(1) of the Act are repealed.[In force]Subsection 23(1) of the Act is amended by adding the following in alphabetical order:order means any of the following — whether interim or final — that is enforceable in a province:an order, judgment, decision or agreement for maintenance, alimony or support,an order or judgment respecting expenses that are incurred as a result of the denial of, or the failure to exercise, parenting time, custody, access or contact, oran order, judgment or agreement respecting expenses that are related to the exercise of parenting time, custody or access in the case of the child’s relocation, as defined in subsection 2(1) of the Divorce Act or provincial law; (ordonnance) — 2019, c. 16, s. 52Section 24 of the Act is replaced by the following:Despite any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of orders, be garnisheed in accordance with this Part in respect of all garnishable moneys. — 2019, c. 16, s. 54Sections 28 and 29 of the Act are replaced by the following:Subject to the provisions of this Part and the regulations, service on the Minister of an application in the form approved by the Minister that contains the information prescribed by the regulations and of a garnishee summons binds Her Majesty for 12 years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.For the purposes of section 28, the 12-year period begins on the expiry of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister. — 2019, c. 16, s. 66Section 53 of the Act is replaced by the following:If more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor, the garnishee summonses shall be honoured in the manner specified in the regulations. — 2019, c. 16, s. 69[In force]Subsection 61(b) of the Act is replaced by the following:prescribing the information that must be contained in an application referred to in section 28;[In force]Paragraph 61(h) of the Act is replaced by the following:respecting the manner in which garnishee summonses must be honoured where there is more than one garnishee summons in respect of the same judgment debtor;[In force]

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.