Family Orders Information Release Regulations

Summary#

These are the final Release of Information for Family Orders and Agreements Enforcement Assistance Regulations (SOR/2023-125). They spell out which federal databases can be searched and what personal and financial information can be released to help set, vary or enforce family orders (for example, child or spousal support) and to help locate people. Most provisions take effect with the law change on November 15, 2023, and some parts come into force on November 15, 2024.

What it does#

• Names the federal information holders that can be searched and the officials who oversee those data banks, including Employment and Social Development Canada (ESDC), the Canada Employment Insurance Commission (CEIC) and the Canada Revenue Agency (CRA).
• Specifies what types of information different applicants may receive, for example:
  • Tracing details: addresses and employer name/address.
  • Financial details: tax returns and common slips and assessments (for example T1 returns, Notices of Assessment, T4/T5 slips) when needed to set or enforce support.
  • Social Insurance Number (SIN): can be released to provincial enforcement services in some cases to confirm identity for enforcement.
  • Child location details: for peace officers investigating alleged child abduction.
• Replaces the old required paper schedules and forms:
  • Removes the old prescribed application form and affidavit from the schedules.
  • Requires applications to include a specified set of information and to be in a form approved by the Minister of Justice. Provincial enforcement services no longer need to file an affidavit but must make a declaration of accuracy.
• Adds privacy and procedural safeguards:
  • Requires a ministerial notice to a person whose information is released after an ex parte court order (i.e., when the court authorized the application without notifying the other party).
  • Requires a new Memorandum of Agreement (MOA) between the federal government and a province or territory before more sensitive data (like SINs and financial information) can be released to that province or its agencies.
• Repeals the older Release of Information regulations and replaces them with this updated, consolidated regulation.

Who's affected#

• Court officials and courts that need information to establish, vary or enforce support orders.
• Provincial enforcement services (PESs) that trace payors or enforce support, and provincial child support services that calculate or recalculate child support.
• Designated authorities involved in interjurisdictional support orders.
• Peace officers investigating alleged child abductions.
• People named in family law proceedings (support payors, support recipients, and children) whose federal tracing or tax information could be searched and shared.
• Federal agencies that hold the data: CRA, ESDC, and CEIC.
• Provinces and territories, which must sign MOAs and update computer systems (including the FOAEA system) and train staff before they can receive certain kinds of information.
• Family lawyers, judges and separated parents who may see faster, more informed support decisions. If a province has not signed the required MOA, its access to SIN and financial data may be delayed.

Why it matters#

• It gives courts and provincial services quicker access to federal tracing and financial records. That can make support amounts more accurate and can speed up enforcement, reducing delays and legal costs.
• By making it easier to find payors and confirm income, it aims to increase the chance that children and support recipients actually receive money owed to them.
• The rules build in privacy protections: notices to affected people and MOAs before sensitive data are shared with provinces.
• Provinces and territorial agencies will face some one-time costs to update systems and train staff. The federal government says most implementation costs will be absorbed from existing budgets.
• The change is likely to affect men and women differently in practice because, as noted in the regulatory statement, over 90% of support payors are men and over 90% of support recipients are women.