Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

Act current to 2013-04-29 and last amended on 2013-03-01. Previous Versions

Processing of Licence Denial Applications

Marginal note:Informing appropriate Ministers

 Immediately on the receipt of a licence denial application and the affidavit referred to in subsection 67(3), the Minister shall inform each appropriate Minister of the receipt of the application, and shall provide the appropriate Minister with such information as may be necessary to help the appropriate Minister determine whether the debtor to whom the application relates is the holder of a schedule licence.

  • 1997, c. 1, s. 22.

Obligations of Appropriate Ministers

Marginal note:Determination — does debtor hold schedule licence
  •  (1) On being informed of a licence denial application in respect of a debtor, an appropriate Minister shall immediately determine whether the debtor is the holder of a schedule licence issued by the appropriate Minister.

  • Marginal note:Suspension and non-renewal of schedule licences

    (2) If an appropriate Minister determines that a debtor is the holder of a schedule licence, the appropriate Minister shall suspend the schedule licence and, where applicable, refuse to renew the schedule licence.

  • Marginal note:Notice to debtor

    (3) An appropriate Minister who takes any action under subsection (2) against a debtor shall send the debtor a notice in writing informing the debtor that the action has been taken.

  • 1997, c. 1, s. 22.
Marginal note:Refusal to issue schedule licence

 An appropriate Minister who is informed of a licence denial application in respect of a debtor shall refuse to issue a schedule licence to the debtor.

  • 1997, c. 1, s. 22.

No Appeal

Marginal note:No appeal

 Notwithstanding the provisions of any other Act of Parliament, of any regulation or order made under any other Act of Parliament or of any order made pursuant to a prerogative of the Crown, no appeal lies from any action taken under this Part.

  • 1997, c. 1, s. 22.

Request to Terminate Application of Part

Marginal note:Request to terminate application of Part
  •  (1) A provincial enforcement service shall immediately request that all actions taken under this Part in respect of a debtor be terminated where

    • (a) the provincial enforcement service is satisfied that the debtor

      • (i) is no longer in arrears under all support orders and support provisions against the debtor that have been enforced by a licence denial application,

      • (ii) is complying, in respect of all support orders and support provisions against the debtor that have been enforced by a licence denial application, with a payment plan that the provincial enforcement service considers reasonable, or

      • (iii) is unable to pay the amount in arrears and that the application of this Part against the debtor is not reasonable in the circumstances; or

    • (b) the provincial enforcement service ceases to enforce all support orders and support provisions against the debtor that have been enforced by a licence denial application.

  • Marginal note:Prescribed manner

    (2) A request under subsection (1) must be made to the Minister in the prescribed manner.

  • 1997, c. 1, s. 22.