PART III

LICENCE DENIAL

Interpretation

Definitions

62. The definitions in this section apply in this Part.

``appropriate Minister''
« ministre compétent »

``appropriate Minister'' means a minister of the Crown in right of Canada who is responsible for the issuance of any type or class of licence set out in the schedule.

``debtor''
« débiteur »

``debtor'' means a person who is in arrears under a support order or a support provision.

``licence''
« autorisa-
tion »

``licence'' means a licence, a permit, a certificate or an authorization of any kind, and includes a passport within the meaning of section 2 of the Canadian Passport Order.

``licence denial application''
« demande de refus d'autorisa-
tion »

``licence denial application'' means an application made under section 67.

``Minister''
« ministre »

``Minister'' means the Minister of Justice.

``persistent arrears''
« être en défaut de façon répétée »

``persistent arrears'', in respect of a support order or support provision, means

      (a) arrears in any amount where the arrears are due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order or the support provision, or

      (b) accumulated arrears of $3000 or more.

``prescribed'' Version anglaise seulement

``prescribed'' means prescribed by the regulations.

``provincial enforcement service''
« autorité provinciale »

``provincial enforcement service'' has the meaning assigned by section 2.

``schedule licence''
« autorisa-
tion visée »

``schedule licence'' means a licence of a type or class set out in the schedule.

``support order''
« ordonnance alimentaire »

``support order'' has the meaning assigned by subsection 23(1).

``support provision''
« disposition alimentaire »

``support provision'' means a provision in an agreement relating to the payment of maintenance or family financial support that is enforceable under provincial law.

Amendments to schedule

63. The Governor in Council may, by order, add to or delete from the schedule any type or class of licence that may be issued to an individual under an Act of Parliament or under an order made pursuant to a prerogative of the Crown.

Purpose of Part

Purpose of Part

64. The purpose of this Part is to help provincial enforcement services enforce support orders and support provisions by providing for the denial of certain licences to debtors who are in persistent arrears.

Application of Part

Application of Part

65. This Part applies 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 respecting the issuance, renewal or suspension of licences.

Royal prerogative

66. Nothing in this Part in any manner limits or affects Her Majesty's royal prerogative with respect to passports.

Licence Denial Application

Application

67. (1) Where a debtor is in persistent arrears under a support order or a support provision, a provincial enforcement service may apply to the Minister that the following actions be taken against the debtor:

    (a) that no new schedule licences be issued to the debtor;

    (b) that all schedule licences held by the debtor be suspended; and

    (c) that schedule licences held by the debtor not be renewed.

Contents of application

(2) An application must be in the prescribed form and must contain the prescribed information concerning

    (a) the identity of the debtor; and

    (b) the support order or support provision.

Contents of supporting affidavit

(3) An application must be accompanied by an affidavit in the prescribed form. The affidavit must be submitted by an officer of the provincial enforcement service and must contain the following statements:

    (a) that the provincial enforcement service is satisfied that the debtor is in persistent arrears under the support order or the support provision;

    (b) that the provincial enforcement service has made reasonable attempts to enforce the support order or the support provision before making the licence denial application; and

    (c) that the provincial enforcement service has sent a notice to the debtor, at the debtor's last known address,

      (i) stating that the provincial enforcement service has reasonable grounds to believe that the debtor is in persistent arrears under the support order or support provision,

      (ii) stating that the provincial enforcement service intends to make a licence denial application in relation to the debtor,

      (iii) informing the debtor of the consequences to the debtor of a licence denial application, and

      (iv) advising the debtor that a licence denial application will not be made if the debtor enters into a payment plan that is acceptable to the provincial enforcement service or satisfies the provincial enforcement service that the debtor is unable to pay the amount in arrears and that the making of the application is not reasonable in the circumstances.

Time for making application

(4) An application may be made only after thirty days have expired after the notice referred to in subsection (3) was received by the debtor.

Deemed receipt

(5) A notice referred to in subsection (3) is deemed to have been received by a debtor ten days after it is sent to the debtor.

Processing of Licence Denial Applications

Informing appropriate Ministers

68. 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.

Obligations of Appropriate Ministers

Determina-
tion - does debtor hold schedule licence

69. (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.

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.

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.

Refusal to issue schedule licence

70. 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.

No Appeal

No appeal

71. 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.

Request to Terminate Application of Part

Request to terminate application of Part

72. (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.

Prescribed manner

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

Informing appropriate Ministers

73. Where the Minister receives a request under section 72, the Minister shall immediately inform each appropriate Minister of the receipt of the request.

Obligation of appropriate Ministers

74. Immediately on being informed under section 73, each appropriate Minister shall

    (a) cancel the suspension of every schedule licence suspended by that appropriate Minister and inform the licence holder that the suspension has been cancelled;

    (b) stop refusing to renew schedule licences of the debtor solely on the basis of this Part; and

    (c) stop refusing to issue schedule licences to the debtor solely on the basis of this Part.

When licence not revived

75. The cancellation of the suspension of a schedule licence pursuant to section 74 does not operate to revive the licence if the term of the licence expired while the suspension was in force.

Offence

Offence

76. Every person who is notified that a passport issued to the person has been suspended under this Part and who fails to return the passport forthwith to a Passport Office, as defined in section 2 of the Canadian Passport Order, or who subsequently uses the passport after being so notified, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

No Liability

No liability

77. No action lies against Her Majesty in right of Canada, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty in right of Canada for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.

Regulations

Regulations

78. The Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

PART IV

RELEASE AUTHORIZATION AND CONFIDENTIALITY

Release Authorization

Release authorization

79. Notwithstanding any provision in any other Act of Parliament that prohibits or restricts the release of information, the following information may be released for the purposes of this Act:

    (a) information in any information bank that may be searched under Part I,

    (b) information that is necessarily incidental to the garnishment of moneys under Part II, and

    (c) information that is necessarily incidental to the administration of Part III.