FOAEAA Part I Amendments Come Into Force

Summary#

This order fixes November 15, 2023 as the day certain provisions of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act come into force. Those provisions mostly affect Part I of the Family Orders and Agreements Enforcement Assistance Act, which deals with sharing information to help enforce family support orders.

What it does#

• Sets November 15, 2023 as the coming-into-force date for sections 43, 45, 46, 48 and subsections 49(1), 49(3) and 49(5) to 49(7) of the act.
• Brings into force changes that:
  • update definitions used for the information-sharing rules;
  • require agreements with provinces, territories and police about which bodies can release or receive information;
  • set out how to apply for release of information, including financial and income details;
  • add privacy safeguards and limit how information can be searched or released;
  • add several technical or consequential rules (forms, information bank directors, timing and conditions for releasing information).
• Repeals the existing Release of Information for Family Orders and Agreements Enforcement Regulations and replaces them with the proposed Release of Information for Family Orders and Agreements Assistance Regulations to implement these changes.
• Adds a requirement that the release of a taxpayer’s financial information in regulation needs the concurrence of the Minister of Finance.

Who's affected#

• Parents and caregivers who rely on court-ordered child or spousal support.
• Provincial and territorial governments and their designated agencies that handle support enforcement.
• Police forces and their records or information systems when involved in searches or releases.
• The Canada Revenue Agency and the Department of Finance, because financial and tax information may be shared under the new rules.
• Family justice lawyers, court staff, and support enforcement officials who will use the new processes and forms.

Why it matters#

• The changes are meant to make it easier for agencies to share information needed to find people who owe support or to enforce support orders.
• That can speed up support enforcement and help families, especially children, get the money they are owed.
• At the same time, the order includes privacy safeguards and a special check for sharing taxpayers’ financial data, which affects how and when sensitive financial records can be released.
• Fixing a later start date gave governments time to update computer systems and sign the necessary intergovernmental agreements before the rules begin.