Release of Information for Family Orders

Summary#

This notice from the Department of Justice proposes the new Release of Information for Family Orders and Agreements Enforcement Assistance Regulations to replace earlier rules and align them with changes made to the Family Orders and Agreements Enforcement Assistance Act by former Bill C‑78. In practice, the changes expand who can ask the federal government to search federal records (for example tax and employment files) and what information can be shared to help set, vary or enforce child and spousal support.

What it does#

• Replaces the old regulations (SOR/87‑315) with updated rules that match the amended Family Orders and Agreements Enforcement Assistance Act.
• Lets more groups apply for federal record searches: court officials, provincial enforcement services (PES), provincial child support services, designated authorities (for interjurisdictional orders), and peace officers (for child‑abduction investigations).
• Allows certain financial information from the Canada Revenue Agency (CRA) (for example tax returns and Notices of Assessment) and Social Insurance Numbers to be released in specific situations to help calculate or enforce support.
• Removes the requirement that PESs file a sworn affidavit with their application and drops the old prescribed paper form. Instead, applications must include specified information and carry a sworn declaration.
• Names which federal information banks will be searched and which federal ministers (information bank directors) oversee them, for example Employment and Social Development Canada (ESDC) and the Minister of National Revenue.
• Requires new Memoranda of Agreement between the federal government and each province/territory before provinces can receive SINs or financial information; courts and peace officers have separate protections.
• Adds a privacy safeguard: when a court order was made without telling the other party (ex parte), the Minister of Justice must mail the person a copy of the order and a notice within 10 business days after receiving the application.
• Sets timing for coming into force: most provisions are to come into force with the amended law (expected in November 2023), while some financial‑information provisions come into force one year later.
• This is a proposed regulation (Part I publication). The notice invited public comments within 30 days of publication.

Who's affected#

• People involved in family law cases where support, parenting time, custody or child‑abduction are at issue — especially parents and children who depend on support.
• Provincial and territorial agencies that enforce or calculate support, including provincial enforcement services (PES) and provincial child support services.
• Courts and court officials who may ask for financial or tracing information.
• Law enforcement (peace officers) working on child‑abduction cases.
• Federal departments that hold searchable records, such as Employment and Social Development Canada (ESDC) and the Canada Revenue Agency (CRA).
• Provinces and territories that must sign new Memoranda of Agreement before some information can be shared; implementation may be delayed in jurisdictions that take longer to sign.
• Small businesses are not expected to be affected, according to the government analysis.

Why it matters#

• These changes give courts and provincial agencies more direct access to financial and tracing information. That can speed up setting or changing support amounts and make enforcement more accurate.
• More accurate information can reduce delays, cut legal costs, and help children and support recipients get the money owed to them faster.
• The rules add privacy checks (MOAs and required notices) so sensitive data is only shared when safeguards are in place.
• Provinces and federal systems need technical and administrative updates to handle the new types of requests, which may affect how quickly the changes take effect in practice.