CHAPTER 161
OF THE
REVISED STATUTES, 1989
Short title
1 This Act may be cited as the Family Orders Information Release Act. R.S., c. 161, s. 1.
Purpose
2 The purpose of this Act is to assist with the enforcement of court orders respecting children and support obligations by providing for the release of information that may assist in locating children, defaulting spouses or other persons. R.S., c. 161, s. 2.
Interpretation
3 In this Act,
(a) "access right" means a right respecting access or visitation of a child;
(b) "custody order" means an order awarding custody of a child;
(c) "family order" means a support order, a custody order or an order granting an access right and includes an order or judgment, or any interim order or judgment, relating to family support, custody or access that is enforceable in the Province or another province;
(d) "Minister" means the Attorney General;
(e) "support order" means an order for maintenance, alimony or family financial support and includes an order for arrears of payments thereof. R.S., c. 161, s. 3.
Agreement
4 With the approval of the Governor in Council, the Minister, on behalf of the Province, may enter into an agreement with a province or the Government of Canada, or any or all of them, respecting the searching for and release of information in the control of the Province, a province or the Government of Canada to assist with the enforcement of a family order, and the Minister may release information or approve the release of information in accordance with the agreement. R.S., c. 161, s. 4.
To whom information may be released
5 Subject to the regulations, the Minister may release information or authorize its release to
(a) a person, service, agency or body
(ii) authorized by the Minister to assist with the enforcement of a family order; or
Information which may be released
6 Notwithstanding any general or special Act, the information that may be released pursuant to this Act is
(a) the address of the person who
(ii) is believed to have possession of a child contrary to a custody order or an order granting an access right,
(iii) is believed to have possession of a child who is the object of an investigation of child abduction;
(c) the name and address of the employer of a child or other person referred to in this Section. R.S., c. 161, s. 6.
Regulations
7 (1) The Governor in Council may make regulations
(a) authorizing a person in possession of information to release it for the purpose of this Act;
(b) prescribing the form and content of and the procedures for an application for the release of information;
(c) respecting the steps which a person seeking information must take to locate a person before requesting the release of information pursuant to this Act;
(d) respecting searches for information;
(e) respecting conditions for the release of information;
(f) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
Regulations Act
(2) The exercise by the Governor in Council of the authority contained in this Section shall be regulations within the meaning of the Regulations Act. R.S., c. 161, s. 7.