GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Family Orders and Agreements Enforcement Assistance Act — F-1.4
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 )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
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 )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
provincial information bank [Repealed, 2019, c. 16, s. 43]
Family Orders and Agreements Enforcement Assistance Act — F-1.4
support provision means a provision of an order for maintenance, alimony or support. ( disposition alimentaire )
Family Orders and Agreements Enforcement Assistance Act — F-1.4 3
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.
Family Orders and Agreements Enforcement Assistance Act — F-1.4 4
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 (b) [Repealed, 2019, c. 16, s. 44] R.S., 1985, c. 4 (2nd Supp.), s. 4 2019, c. 16, s. 44
Family Orders and Agreements Enforcement Assistance Act — F-1.4 5
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. R.S., 1985, c. 4 (2nd Supp.), s. 5 2019, c. 16, s. 45
Family Orders and Agreements Enforcement Assistance Act — F-1.4 5.1
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. Contents of agreement (2) The agreement must provide for the establishment of safeguards for the protection of information released under this Part. 2019, c. 16, s. 45
Family Orders and Agreements Enforcement Assistance Act — F-1.4 6
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. R.S., 1985, c. 4 (2nd Supp.), s. 6; 1996, c. 11, ss. 95, 97; 2005, c. 35, s. 53; 2012, c. 19, ss. 694, 695; 2013, c. 40, s. 230
Family Orders and Agreements Enforcement Assistance Act — F-1.4 6.1
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. 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 6.2
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. 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 7
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. R.S., 1985, c. 4 (2nd Supp.), s. 7; 1993, c. 8, s. 6 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 8
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. 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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 8 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 9
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. 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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 9 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 10
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. R.S., 1985, c. 4 (2nd Supp.), s. 10 1993, c. 8, s. 7 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 11
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. R.S., 1985, c. 4 (2nd Supp.), s. 11 1993, c. 8, s. 7 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 12
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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 12; 1993, c. 8, s. 8 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 12.1
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. 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 13
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. 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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 13; 1993, c. 8, s. 9; 1997, c. 1, s. 17 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 14
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. Supporting documents (2) The application must be accompanied by an affidavit submitted by the peace officer in accordance with subsection (3). 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. R.S., 1985, c. 4 (2nd Supp.), s. 14; 1993, c. 8, s. 10; 1997, c. 1, s. 18 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 15
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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 15; 1996, c. 11, ss. 97, 99; 1997, c. 1, s. 19; 1999, c. 31, s. 91(F); 2005, c. 35, s. 66, c. 38, ss. 111, 146; 2012, c. 19, s. 695; 2013, c. 40, s. 237 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 15.1
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. 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 16
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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 16 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 16.1
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. 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. 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 17
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. 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. 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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 17; 1993, c. 8, s. 11 2019, c. 16, s. 46
Family Orders and Agreements Enforcement Assistance Act — F-1.4 18
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. R.S., 1985, c. 4 (2nd Supp.), s. 18 2019, c. 16, s. 47
Family Orders and Agreements Enforcement Assistance Act — F-1.4 19
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. R.S., 1985, c. 4 (2nd Supp.), s. 19; 1993, c. 8, s. 12 2019, c. 16, s. 47
Family Orders and Agreements Enforcement Assistance Act — F-1.4 19.1
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. 1993, c. 8, s. 12 2019, c. 16, s. 47
Family Orders and Agreements Enforcement Assistance Act — F-1.4 20
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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 20 2019, c. 16, s. 48
Family Orders and Agreements Enforcement Assistance Act — F-1.4 20.1
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. 2019, c. 16, s. 48
Family Orders and Agreements Enforcement Assistance Act — F-1.4 21
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.
Family Orders and Agreements Enforcement Assistance Act — F-1.4 22
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. 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. R.S., 1985, c. 4 (2nd Supp.), s. 22; 1997, c. 1, s. 20 2019, c. 16, s. 49