Frequently Asked Questions

Family Orders and Agreements Enforcement Assistance Unit

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Tracing Questions

• How does the FOAEA Unit help find a person who has defaulted on family obligations set out in a court order or written agreement?

  A court, a MEP or an authorized peace officer can request the FOAEA Unit to arrange for a search of certain federal information banks for information such as the person's address or the name and address of that person's place of employment.

• Who can apply to the FOAEA Unit for tracing assistance?

  Only a court or a MEP can apply for help to find a person who has defaulted on family obligations.

  Authorized peace officers may also apply for tracing assistance if they are investigating a parental child abduction.

  The FOAEA Unit cannot provide tracing information such as an address to members of the general public because this information is protected under federal privacy laws.

• How do I apply for tracing information under FOAEAA ?

  Courts, MEPs) and peace officers may apply by filling out both an application form (JUS 527) and an affidavit (form JUS 528), and submitting them as directed on the forms. Most applications must also include additional documents specified in section 8 of FOAEAA.

  The Government cannot release this type of information to a member of the general public because of federal privacy law.

• What measures are in place to protect the privacy of persons being traced under FOAEAA ?

  Canada has strict privacy laws and policies/agreements to protect personal information. FOAEAA only permits the release of specific information, such as the person's address and/or the name and address of that person's employer. This information may be given only to a court, a MEP or an authorized peace officer that has agreed in writing to protect the privacy of the information. The information cannot be given to a member of the general public, including a former spouse or common-law partner.

Garnishment Questions

• Why has the federal government seized federal funds that should be paid to me?

  If the funds were seized under FOAEAA, it was to satisfy family support obligations set out in a court order or written agreement. FOAEAA allows the garnishment of federal payments for family support purposes.

  There are other laws that allow the seizure of government payments to an individual. For example, GAPDA allows the garnishment of the salary and certain fees paid by the federal government to a federal employee or contractor to satisfy a debt. The garnishment notice should provide more details about why the money was seized.

• What types of federal payments can be garnisheed under FOAEAA to satisfy family support obligations?

  Some of the most common types of federal payments that can be garnisheed are income tax refunds, employment insurance benefits and Canada Pension Plan benefits. A complete list of federal funds that may be garnisheed under FOAEAA can be found in the regulations supporting the Act.

• Who can apply to garnishee federal payments under FOAEAA ?

  Most applications are made by a MEP on behalf of recipients registered with them. Support recipients who obtain a garnishee summons from a court can also apply. In such cases, the garnisheed moneys would be sent to the court for distribution.

• How do I apply for the garnishment of federal payments under FOAEAA ?

  You must complete form JUS 578 and send it, along with a garnishee summons, to the following address:

  The Department of Justice,
  Family Orders and Agreements Enforcement Assistance Unit,
  Ottawa, Ontario
  K1A 0H8.
  

  The application and garnishee summons must be sent by registered mail or by any other means allowed by provincial garnishment laws. A MEP can also serve an application by an electronic means that is acceptable to the FOAEA Unit.

• If I submit a garnishment application under FOAEAA to collect unpaid family support, what do I need to do once the support arrears have been paid or if I want to cancel the application?

  The court that issued the garnishee summons should be able to advise you on what you need to do in your jurisdiction to modify or terminate a garnishee summons.

• Can federal payments be garnisheed under FOAEAA to satisfy financial debts other than family support obligations?

  No. The garnishment provisions in FOAEAA may only be used to satisfy family support obligations.

• Can the entire amount of the federal funds payable to me be garnisheed for family support?

  Only funds listed in the regulations supporting FOAEAA may be garnisheed. In some cases, the entire amount may be garnisheed. In other cases, only a portion of it is garnisheed. It would depend on provincial garnishment law and on the terms of the garnishee summons.

• Why have I been charged fees?

  The federal government charges support payers a fee to cover the cost of processing the garnishee summons. The fee is $38 per year over five years per garnishee summons, for a total of $190. The fee is taken from any federal payments that are still owed to you once the terms of the garnishee summons have been satisfied. For example, if you were entitled to a federal payment of $200 and the garnishee summons was for 50 per cent of that amount (i.e. $100), the fee of $38 for one year would be taken out of the remaining $100 and you would receive $62.

  If the $38 fee is not collected the first year, it will be added to the second year's fee for a total of $76.

  If the garnishment is cancelled before the entire fee is collected, you would not have to pay the rest of the fee.

• I have caught up on my family support arrears so how do I stop the garnishment of federal funds payable to me?

  If there are no outstanding arrears, you may contact the garnishment applicant (usually a MEP) to ask about having the garnishment adjusted or cancelled. Please note that even if the arrears have been paid, there may be an ongoing support obligation and the garnishment may remain in effect. If you did not receive a copy of the garnishee summons and you are not sure who made the application, you can find out by calling 1-800-267-7777 (or 1-800-267-7676 for the hearing impaired). Be sure to have your social insurance number and the Department of Justice reference number at hand.

• How long will it take for the federal government to stop the garnishment of funds payable to me?

  The federal government can stop a garnishment action only if all sums owing under the garnishee summons have been garnisheed or it has been notified that the garnishment application has been cancelled. At that point, the FOAEA Unit starts the cancellation process within 24 hours and notifies the federal departments that pay out the garnishable funds.

• How can I reduce the amount being garnisheed?

  To have the amount reduced, you may go to court or to your MEP to either dispute the garnishment or to ask for a reduction in support payments. The court or MEP must then ask the Department of Justice to cancel or modify the garnishment request. This could take a few days. Once the FOAEA Unit receives the request, it will initiate the process within 24 hours.

• If the federal government takes more than it should because of delays in processing a cancellation request, how do I get back the money I am owed?

  The court or MEP that issued the garnishee summons (usually a MEP) will return directly to you any overpayments they received.

• I have been informed that the request to garnishee federal payments to me has been suspended. Why am I still not receiving that money?

  Even if garnishment has been suspended, it does not necessarily mean the garnishment has been cancelled. Before the federal source department can release the money to you, it must first verify that it can do so. This may create delay in payments. During the suspension period, no administration fees will be collected but fees can be charged if the garnishee summons is reactivated.

• I have gone back to court and my support order has been amended. How do I ensure that you are advised?

  Contact the court or MEP that issued the garnishee summons (usually the MEP) as soon as possible and let them know about the change. They will then be responsible for amending the garnishee summons and for ensuring that the FOAEA Unit is notified in accordance with provincial or territorial garnishment laws.

• A garnishment application was sent to the FOAEA Unit several weeks ago to collect family support that is owed to me. Why have I not yet received any money?

  A garnishee summons does not take effect until 35 days after the FOAEA Unit receives it. Once a payment becomes payable to a support payer, garnisheed federal funds are then sent to the MEP or to the court that issued the garnishee summons within four to six weeks. The only federal payments that may be garnisheed under FOAEAA are those listed in the regulations and not all support payers are eligible to receive those payments. It is also possible that the funds were already paid to the support payer before the garnishment application took effect.

Licence Suspension Questions

• What types of federal licences may be suspended or denied under FOAEAA if the licence holder is persistently behind in family support payments?

  Canadian passports issued by Passport Canada, as well as a number of marine and aviation licences and certificates issued by Transport Canada, may be suspended or denied to enforce family support obligations upon request from a MEP

• Who may apply to have a passport or federal licence suspended or denied under FOAEAA ?

  Only a MEP can apply.

• How far behind must my support payments be before my passport or federal licence can be suspended or denied under FOAEAA ?

  A MEP can request the suspension or denial of a passport and other federal licences issued in your name if your family support payments are in default by $3,000 or more, or if you have missed three support payments.

  Note that passports and federal licences are usually only suspended as a last resort, after other enforcement measures have not resulted in acceptable arrangements to pay child support arrears. Those who are behind in their support payments are usually sent several notices first. If you receive such a notice, you should immediately contact the MEP that sent it and try to work out satisfactory payment arrangements in order to prevent the suspension/denial of a passport or of other federal licences issued in your name.

• How long does it take to remove the suspension/denial of a passport or federal licence?

  The FOAEA Unit cannot take any action to end a suspension/denial until it receives a notice to terminate the suspension/denial from the applicable MEP. Upon receiving such notice, the FOAEA Unit informs the department responsible for issuing the passport (Passport Canada) or licence (Transport Canada) within three business days.

  In some cases, a licence or passport may have expired or become invalid by the time the suspension ends. If this is the case with a licence or passport issued in your name, you may need to apply for a new one. For more information on what you need to obtain a new licence or passport, contact Transport Canada or Passport Canada, as applicable.

• What should I do if I received a notice that my aviation or marine licence or my passport has been suspended?

  You must return the applicable document within the timelines set out in the notice. Failing to do so could result in more severe consequences as mentioned in the notice.

  If you wish to have the suspension stopped, you must call the MEP that requested the suspension in order to make satisfactory arrangements.

• What do I do if I am outside the country when my passport is suspended?

  It is important to understand that while a passport may be issued in your name, it is the property of the Government of Canada. If a passport issued in your name has been suspended, you must return it to the nearest Passport Canada office at a Canadian government office abroad (i.e. Canadian embassy or consulate).

  Please note that if you do not return a suspended passport when asked, or if you use a passport after it is suspended under FOAEAA, you could be found guilty of an offence punishable on summary conviction. If found guilty of such an offence, you may be fined up to $5,000 or imprisoned for up to six months, or both.

  Further, if you fail to return the passport upon request, Passport Canada will invalidate the passport issued in your name and will communicate this information to its partners, including law enforcement agencies. In addition, Passport Canada may refer the case to the RCMP and other law enforcement agencies for investigation into theft and illegal possession of Crown property under the Criminal Code.

  If you are abroad and wish to return to Canada, you can:

  • contact the MEP that requested the suspension in order to make payment arrangements and to discuss the possibility of ending the suspension so you can obtain a new passport; or
  • request the Canadian Government office abroad to issue an emergency travel document that will allow you to travel back to Canada. Such a document would not allow you to travel anywhere else but Canada. For further information, contact Passport Canada at 819-997-8338.
  
  
• Can I dispute the suspension/denial of my passport/licence?

  Yes, you can discuss it with the MEP that requested the suspension.

• Can my driver's licence be suspended under FOAEAA if I don't pay child support?

  FOAEAA is a federal law that deals only with licences issued by the federal government (for example, marine and aviation licences). Driver's licences are issued by the province. Some provinces have laws that allow a driver's licence to be suspended if the licence holder is behind in support payments. You would have to contact the MEP to determine what enforcement measures can be taken in your province or territory.

• If I live in Canada but my passport is from another country, can that passport be suspended if I am behind in my family support payments?

  Canadian law only authorizes the suspension of Canadian passports. However, to enforce a family support order, other countries may agree to suspend a passport they issue if:

  • they have a reciprocal agreement with the Canadian province or territory that is trying to enforce the support order; and
  • their laws allow for the suspension of a passport to enforce family support obligations.
  
  
• All my arrears have been paid and I am up to date with my payments? Why do I still have a suspension/denial?

  It may be because the FOAEA Unit has not yet received a "termination of suspension" notice from your MEP. The federal government cannot reinstate your passport/federal licence privileges until it receives this notice. You may wish to contact your MEP to find out why the suspension/denial has not been lifted.

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