Disclosure of information
16(1)Information may be disclosed to a third party in accordance with subsection 14(1) of the Act for the following reasons:
(a)
for the enforcement of a parenting order or an interim parenting order;
(b)
to facilitate service of an application to vary a support order or parenting order under the
Interjurisdictional Support Orders Act, the
Family Law Act or the
Divorce Act (Canada);
(b.1)
to facilitate a recalculation under the
Family Law Act;
(d)
for enforcement of a judgment by a sheriff;
(e)
to facilitate an investigation by the Ombudsman;
(f)
to facilitate the verification of the eligibility of a person for assistance under the
Family Income Security Act by the Department of Social Development;
(g)
to facilitate the verification of the eligibility of a person for benefits under the
Medical Services Payment Act by the Department of Health;
(h)
for purposes of an investigation related to the enforcement of an enactment;
(i)
to protect the health, safety or security of the public or of an individual;
(j)
to protect or assert the lawful rights of the Director or those of another public body, including lawful rights against an individual;
(k)
to facilitate the administration of a file and for an official to provide information to the Minister of Justice; or
(l)
to provide the name of a reciprocating jurisdiction so that a public servant may respond to a complaint made to the Minister or the Ombudsman.
16(2)The following information may be disclosed to a beneficiary in accordance with subsection 14(1) of the Act:
(a)
information concerning the efforts of the Director or a reciprocal jurisdiction to enforce the support order or administer the file;
(b)
the name of reciprocating jurisdiction under the
Interjurisdictional Support Orders Act that is enforcing a support order on behalf of a beneficiary residing in New Brunswick;
(c)
if an assignment has been made under section 11.1 of the
Family Income Security Act, the support or arrears exigible by the Minister of Social Development;
(d)
whether the Crown is entitled to receive any of the support or arrears and if so, the amount, the periods for which the Crown is entitled and any related information;
(e)
the time, date and location of any hearings under the Act related to the enforcement of the beneficiary’s support order;
(f)
the payment method and date to expect support payments;
(g)
the payer’s financial statement and accompanying documents, if the beneficiary is entitled to them under the support order; and
(h)
if a payment received for the beneficiary’s account has been apportioned between the beneficiary’s account and another account of the payer or if a payment received under another support order has been apportioned between another account of the payer and the beneficiary’s account.
16(3)The following information may be disclosed to a payer in accordance with subsection 14(1) of the Act:
(a)
information concerning the efforts of the Director or a reciprocal jurisdiction to enforce the support order or administer the file, including efforts concerning a corporation that is jointly and severally liable under section 28 or 29 of the Act; and
(b)
the name of a reciprocating jurisdiction under the
Interjurisdictional Support Orders Act on behalf of which the Director is enforcing a support order.
16(4)Under subsection 14(1) of the Act, the following information may be released to a corporation that is jointly and severally liable under section 28 or 29 of the Act:
(a)
information concerning the efforts of the Director or a reciprocal jurisdiction to enforce the support order or administer the file, including efforts concerning the payer; and
(b)
information regarding the status of the account.
16(5)Information that may be released to the payer, the beneficiary or to a corporation that is jointly and severally liable under section 28 or 29 of the Act under subsections (2), (3) and (4) may also be released to:
(a)
third parties, authorized in writing by the payer, the beneficiary or the corporation; and
(b)
a legal representative of the payer, the beneficiary or the corporation if the Director is satisfied that the person is legally authorized to represent the payer, the beneficiary or the corporation.
16(6)Under subsection 14(1) of the Act, in the case of a bankruptcy, the following information may be disclosed to the trustee in bankruptcy of the payer or a corporation:
(a)
the name of the payer or the corporation;
(b)
the details of the support order;
(c)
the amount of arrears; and
(d)
the enforcement measures that have been taken.
16(7)The following information is prescribed under paragraph 27(2)(
e) of the Act:
(a)
the payer’s social insurance number;
(b)
the payer’s date of birth;
(c)
the payer’s last known address;
(d)
the payer’s telephone number at home, at work and any cellular telephone number;
(e)
the date the payer was reported to the credit agency for the first time;
(f)
the date when enforcement action against the payer was completed;
(g)
the status of the payer’s account;
(h)
the current balance of the payer’s account;
(i)
any generation indicator used by the payer, for example Jr., II;
(j)
any alias or other name used by the payer;
(k)
the date of the last payment;
(l)
the case file number, client identification number and credit agency identification number; and
(m)
periodic updates of information.
16(8)If this section is inconsistent with or in conflict with a provision of the
Right to Information and Protection of Privacy Act, this section prevails.
2012, c.39, s.143; 2013, c.34, s.35; 2016, c.37, s.187; 2019, c.2, s.142; 2020, c.24, s.23; 2020, c.25, s.110; 2022-11; 2022, c.28, s.53