Licence Denial Rules for Family Support

Summary#

This is a proposed rule called the Denial of Licences for Family Orders and Agreements Enforcement Regulations, 2020 published in the Canada Gazette on August 29, 2020. It would spell out the information provincial enforcement services must send to the federal government when asking to deny a licence to someone who is behind on family support. The public has 30 days from the notice to comment.

What it does#

• Says the term “Act” in the text means the Family Orders and Agreements Enforcement Assistance Act.
• Lists the exact information a provincial enforcement service must include when it applies for a licence denial. That includes:
  • the provincial enforcement service’s name and reference number;
  • the date the service sent the required notice to the debtor;
  • a declaration that the application information is correct and used for licence denial;
  • details about the debtor, such as:
    • surname and given names;
    • latest known address;
    • phone number and email, if known;
    • date of birth and gender;
    • social insurance number, if known;
    • mother’s surname at birth, if known;
    • city and country of birth, if known;
    • height and eye colour, if known;
    • employer’s name and address, if known;
    • language of choice for correspondence, if known.
  • details about the support order, such as:
    • the court that issued it;
    • the date of the order;
    • the parties’ names;
    • the amount in arrears or which payment periods are in default;
    • whether payments are due on a weekly, bi‑weekly, semi‑monthly, monthly, quarterly, semi‑annual or annual basis.
• Specifies how to send the application:
  • by mail to the Department of Justice, Family Law Assistance Services, Ottawa, Ontario K1A 0H8; or
  • by an electronic method agreed to by the provincial enforcement service and the Department of Justice.
• Repeals the existing Denial of Licences for Family Orders and Agreements Enforcement Regulations (the earlier regulation).
• Says the new rules come into force on the day a related change in another federal law takes effect (the regulation refers to subsection 73(2) of an amending Act). If the regulations are registered after that day, they come into force on the registration day.

Who's affected#

• Provincial enforcement services that enforce family support orders and would make licence-denial requests to the federal government.
• People who owe family support (debtors) whose information could be sent to the federal government as part of a licence-denial request.
• Staff at the Department of Justice who will receive and process these applications.
• It is unclear from the notice whether other groups (for example, provincial motor-vehicle or passport authorities) would see immediate procedural changes; the regulation focuses on the information provinces must provide.

Why it matters#

• The rule aims to standardize what information provinces must send to ask for a licence denial. That can make requests more consistent and easier to process.
• The list includes sensitive personal details (for example, social insurance number, mother’s birth surname, physical characteristics). That matters for privacy and record‑keeping because more specific personal data would be shared with the federal government.
• This is a proposal, not final law. Interested people or organizations have 30 days from publication to make written comments.