Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

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.