Release of Information for Family Enforcement

Summary#

This is a proposed set of regulations called the Release of Information for Family Orders and Agreements Enforcement Assistance Regulations. They would update rules under the Family Orders and Agreements Enforcement Assistance Act so courts and provincial services can request tracing and certain financial information from federal records to help set and enforce child and spousal support. The notice was published on February 18, 2023 and the government invited comments within 30 days.

What it does#

• Repeals and replaces the older regulations (SOR/87‑315) to match changes made by former Bill C‑78.
• Expands who can apply for information. New applicants include:
  • court officials,
  • provincial enforcement services (PES),
  • provincial child support services,
  • designated authorities under interjurisdictional support orders,
  • peace officers (for child abduction investigations).
• Lists which federal information banks may be searched and names the federal ministers who oversee them. Examples include records held by Canada Revenue Agency, Employment and Social Development Canada, and the Canada Employment Insurance Commission.
• Specifies the kinds of information that may be released, depending on who asks and why. These include:
  • tracing details (addresses and employer name/address),
  • Social Insurance Number (SIN) to PESs in certain cases,
  • tax and other financial records from CRA files (for example, a person’s Income Tax and Benefit Return (T1), Notice of Assessment, pay slips such as T4, and corporate T2 returns when relevant).
• Removes the old requirement that PESs submit a formal affidavit. Instead, applications must include certain required information and a binding declaration that it is accurate.
• Adds privacy steps:
  • the Minister of Justice must notify a person (and send a copy of the court order) when a court request was made without notifying the other party, and do so within 10 business days;
  • provincial governments must sign new Memoranda of Agreement (MOAs) with the federal government before more sensitive information (like SINs and financial details) is shared with provincial bodies.
• Timetable:
  • Most changes come into force when the related part of the Act is brought into force (the government expected that to happen in November 2023, according to the regulatory notice).
  • Some financial disclosure rules (additional CRA documents) would come into force one year later.

Who's affected#

• People involved in family law cases (support payors and recipients).
• Court officials and judges who handle family support matters.
• Provincial enforcement services (PES), provincial child support services, and designated authorities that process interjurisdictional support orders.
• Peace officers investigating suspected child abductions.
• Federal departments that hold searchable records, notably Canada Revenue Agency, Employment and Social Development Canada, and the Canada Employment Insurance Commission.
• Provincial and territorial governments, because they must sign new MOAs before some information can be shared.
• The federal Family Orders and Agreements Enforcement Assistance computer system (FOAEA), which will need updates to handle the new rules.

Why it matters#

• It would make it easier and faster for courts and provincial agencies to find people and get financial details needed to calculate or enforce child and spousal support. That can speed up support orders and reduce the time families wait for money they need.
• Releasing financial information from tax records aims to help set fair support amounts and to reduce the cost and conflict of forcing disclosure through courts.
• Giving PESs access to a SIN can help them confirm identity before taking enforcement action. That should reduce enforcement mistakes.
• New privacy protections and MOAs are required before sensitive information is shared with provinces. If a province delays signing an MOA, that province’s agencies may not be able to access the new information right away.
• The government’s gender analysis noted that over 90% of support payors are men and over 90% of support recipients are women, so the changes could affect men and women differently in practice.