Family enforcement forms updated

Summary#

These are final regulations (SOR/2020-267) that change the forms used under the Family Orders and Agreements Enforcement Assistance Act. The main practical effect is that the forms now ask for a person’s gender (with more answer options) instead of their sex, and they replace “Mother’s surname at her birth” with “Surname at birth of each parent” in some forms. Most changes took effect on December 22, 2020; two wording changes for parent surnames were set to come into force when a related provision of another law comes into force (the department expected that to be November 12, 2021).

What it does#

• Replaces the word “sex” with gender on the application forms used to:
  • request location information under the Release of Information for Family Orders and Agreements Enforcement Regulations;
  • request garnishment of federal payments under the Family Support Orders and Agreements Garnishment Regulations;
  • request licence denial under the Denial of Licences for Family Orders and Agreements Enforcement Regulations.
• Adds two new gender options on those forms: another gender and information not available (in addition to Male and Female).
• Changes the wording “Mother’s surname at her birth” to “Surname at birth of each parent” on the forms in the Release of Information and Garnishment regulations (these two wording changes came into force later, linked to another law).
• Updates a specific regulatory provision in the Denial of Licences regulations so an item now reads simply “gender”.
• Replaces the old schedules/forms in those three regulations with updated versions that reflect these wording and option changes.
• Timing:
  • Most amendments came into force on December 22, 2020.
  • The two changes replacing the mother’s surname wording come into force when subsection 73(2) of a related amending Act comes into force (expected November 12, 2021, per the government’s analysis).

Who's affected#

• Provincial enforcement services (the agencies that use these federal tools) will be the main users and must update their forms and systems.
• Courts and peace officers who apply for location, garnishment, or licence-denial assistance under the Act.
• Federal departments and systems that interact with FOAEAA requests, including the Department of Justice Canada, Employment and Social Development Canada, Canada Revenue Agency, Transport Canada, and the Social Insurance Number registry — they may need small technical updates.
• People who owe or are owed family support (support debtors and support recipients). Federal licence denial under the Act targets people who have missed three payment periods or have arrears of at least $3,000.
• The changes are expected to affect transgender, non-binary, and two-spirit people because the forms now let people be identified in ways that match their gender identity.
• The government says small businesses are not affected.

Why it matters#

• The change from “sex” to gender and the added options make the forms more inclusive of people whose identities do not fit the binary Male/Female choices. That can reduce mismatches between documents and lived identity.
• Adding an “information not available” choice prevents applications from being blocked when an applicant does not know a person’s gender. That helps provinces and courts keep enforcement tools available for people seeking to recover support.
• Changing “Mother’s surname at her birth” to “Surname at birth of each parent” broadens the identifying information collected and aims to reduce errors in matching records.
• The amendments align these rules with the federal Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices, so data collection is meant to be more accurate and respectful.
• Practical cost and impact are small: governments expect only modest technical updates to forms and systems.