FOAEAA
Purpose and Scope: Part I of the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) establishes a federal regime for locating individuals and obtaining information to assist in the enforcement and now also the establishment or variation of family support obligations and certain parenting arrangements. The core mechanism permits authorised applicants to request searches of federal information banks for specific data about a person who is evading or not complying with family orders or obligations. This information helps locate missing persons and uncover financial details necessary to fairly determine support.
2023 Expansion: Major legislative amendments (enacted in 2019 via Bill C-78 and in force November 15, 2023 by Order in Council SI/2023-19) have significantly expanded Part I beyond its previous limits. Prior to 2023, FOAEAA Part I could only be used to obtain basic location details like home and employer addresses to enforce existing support, custody or access orders. As of Nov 15 2023, however, Part I also supports proactive use in establishing or varying support orders. Moreover, the scope of information available has broadened dramatically: courts can now authorise release of detailed financial information from federal databases (e.g. tax returns, income slips) in addition to address information. These changes aim to promote the best interests of children and improve support accuracy by preventing payors from hiding income or location.
Regulatory Modernization: In tandem, the federal government repealed the outdated 1987 regulations and implemented the new Release of Information for FOAEAA Regulations (SOR/2023-125) on June 9, 2023 (in force Nov 15, 2023). The Regulations enumerate the federal information banks that will be searched, including Employment and Social Development Canada (ESDC) records (CPP, EI, OAS) and Canada Revenue Agency (CRA) databases, and specify what information may be released to each type of applicant. Crucially, they list an array of tax and income documents that can be disclosed for support purposes. The Regulations also streamline application procedures and maintain privacy safeguards before sensitive data is shared).
High-Level Impact: The expanded Part I “Release of Information” regime now serves as a powerful tool to assist courts in determining fair support amounts and enforcing family orders. It addresses practical challenges where a spouse or parent refuses to reveal their income or whereabouts. For example, if a support payor has gone off the grid or is withholding financial disclosure, a court can order an ex parte FOAEAA search of CRA records to obtain verified income figures. Similarly, if a parent has abducted a child or is breaching a parenting time order, provincial officials or police can request address information from federal databases to locate them. The regime is intended to complement provincial enforcement mechanisms and inter-jurisdictional support order processes, by leveraging federal data that was previously beyond the reach of litigants and provincial programmes.
This website goes into details about these changes, with an emphasis on individuals using the amendments to obtain information that previously was not available.
