Acts and Regulations

F-2.2 - Family Services Act

Section 122.1
Disposition versions

Full text
Repealed
122.1Repealed: 2020, c.24, s.3
1991, c.25, s.2; 2005, c.S-15.5, s.56; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Provincial information banks
122.1(1)The provincial information banks that may be searched for the purposes of this section are the provincial information banks designated by regulation.
122.1(2)Any person entitled to have an order for custody or access enforced may make an ex parte application to a court requesting that the court authorize an appropriate officer of the court to apply to the Minister for the release of information under this section.
122.1(3)A person who makes an application under subsection (2) shall within 3 days after making the application serve a copy of the application on the Minister.
122.1(4)If the Minister has reason to believe that the purpose of the application may be for a purpose other than to enforce an order for custody or access, the Minister shall
(a) within seven days after service of the copy of the application, inform the court that the Minister intends to submit a report respecting that belief, and
(b) within seven days after informing the court of the intention to submit a report, submit a report to the court setting out the reasons for that belief.
122.1(5)The court shall not hear the application made under subsection (2) until the expiration of ten days after the making of the application unless the court is satisfied that exceptional circumstances require the earlier disposition of the application, in which case the court may so order, stating in the order the circumstances that gave rise to the order but a failure to comply with this subsection does not deprive the court of jurisdiction.
122.1(6)If the Minister has informed the court of the intention to submit a report under paragraph (4)(b), the court shall not hear the application until the expiration of seven days after being informed of that intent unless the Minister submits a report to the Court before the expiration of those seven days.
122.1(7)Where a report is submitted to the court under paragraph (4)(b)
(a) the court shall cause a copy of the report to be given to the person who made the application, and
(b) the person who made the application shall be given the opportunity to cross-examine the person designated by the Minister under paragraph 3(1)(b) who made the report.
122.1(8)A court shall not grant an authorization under subsection (9) where it appears to the court that the purpose of the application is for a purpose other than to enforce an order for custody or access.
122.1(9)The court may, if it is satisfied
(a) that reasonable steps have been taken to locate the person, child or children to whom the application relates, or
(b) where it is alleged that the person to whom the application relates has left the Province, that the allegation is based on reasonable grounds,
authorize in writing an appropriate officer of that court to apply to the Minister for the release of information under this section.
122.1(10)An application to have provincial information banks searched and to have the information released may be made to the Minister by
(a) an appropriate officer of that court, if authorized to do so under subsection (9),
(b) a peace officer investigating a child abduction pursuant to section 282 or 283 of the Criminal Code (Canada), or
(c) a provincial enforcement service.
122.1(11)An application under subsections (2) and (10) shall be accompanied by the information and documents required by regulation.
122.1(12)Where the information requested in an application is found in a provincial information bank and is the kind of information that may be released, the Minister shall release the information to the applicant.
122.1(13)Information obtained from a provincial information bank under this section may be disclosed to the extent necessary for the enforcement of an order for support, custody or access or for the purposes of an investigation of a child abduction under section 282 or 283 of the Criminal Code (Canada).
122.1(14)The release and disclosure of information under this section for the purposes of this section shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality.
122.1(15)Subject to the provisions of any other Act which provides for the release or disclosure of information found in a designated provincial information bank, no person shall release information found in a provincial information bank or disclose information provided under this section except in accordance with this section and the regulations.
1991, c.25, s.2; 2005, c.S-15.5, s.56; 2016, c.37, s.66; 2019, c.2, s.54
Provincial information banks
122.1(1)The provincial information banks that may be searched for the purposes of this section are the provincial information banks designated by regulation.
122.1(2)Any person entitled to have an order for custody or access enforced may make an ex parte application to a court requesting that the court authorize an appropriate officer of the court to apply to the Minister of Families and Children for the release of information under this section.
122.1(3)A person who makes an application under subsection (2) shall within 3 days after making the application serve a copy of the application on the Minister.
122.1(4)If the Minister has reason to believe that the purpose of the application may be for a purpose other than to enforce an order for custody or access, the Minister shall
(a) within seven days after service of the copy of the application, inform the court that the Minister intends to submit a report respecting that belief, and
(b) within seven days after informing the court of the intention to submit a report, submit a report to the court setting out the reasons for that belief.
122.1(5)The court shall not hear the application made under subsection (2) until the expiration of ten days after the making of the application unless the court is satisfied that exceptional circumstances require the earlier disposition of the application, in which case the court may so order, stating in the order the circumstances that gave rise to the order but a failure to comply with this subsection does not deprive the court of jurisdiction.
122.1(6)If the Minister has informed the court of the intention to submit a report under paragraph (4)(b), the court shall not hear the application until the expiration of seven days after being informed of that intent unless the Minister submits a report to the Court before the expiration of those seven days.
122.1(7)Where a report is submitted to the court under paragraph (4)(b)
(a) the court shall cause a copy of the report to be given to the person who made the application, and
(b) the person who made the application shall be given the opportunity to cross-examine the person designated by the Minister under paragraph 3(1)(b) who made the report.
122.1(8)A court shall not grant an authorization under subsection (9) where it appears to the court that the purpose of the application is for a purpose other than to enforce an order for custody or access.
122.1(9)The court may, if it is satisfied
(a) that reasonable steps have been taken to locate the person, child or children to whom the application relates, or
(b) where it is alleged that the person to whom the application relates has left the Province, that the allegation is based on reasonable grounds,
authorize in writing an appropriate officer of that court to apply to the Minister for the release of information under this section.
122.1(10)An application to have provincial information banks searched and to have the information released may be made to the Minister by
(a) an appropriate officer of that court, if authorized to do so under subsection (9),
(b) a peace officer investigating a child abduction pursuant to section 282 or 283 of the Criminal Code (Canada), or
(c) a provincial enforcement service.
122.1(11)An application under subsections (2) and (10) shall be accompanied by the information and documents required by regulation.
122.1(12)Where the information requested in an application is found in a provincial information bank and is the kind of information that may be released, the Minister shall release the information to the applicant.
122.1(13)Information obtained from a provincial information bank under this section may be disclosed to the extent necessary for the enforcement of an order for support, custody or access or for the purposes of an investigation of a child abduction under section 282 or 283 of the Criminal Code (Canada).
122.1(14)The release and disclosure of information under this section for the purposes of this section shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality.
122.1(15)Subject to the provisions of any other Act which provides for the release or disclosure of information found in a designated provincial information bank, no person shall release information found in a provincial information bank or disclose information provided under this section except in accordance with this section and the regulations.
1991, c.25, s.2; 2005, c.S-15.5, s.56; 2016, c.37, s.66
Provincial information banks
122.1(1)The provincial information banks that may be searched for the purposes of this section are the provincial information banks designated by regulation.
122.1(2)Any person entitled to have an order for custody or access enforced may make an ex parte application to a court requesting that the court authorize an appropriate officer of the court to apply to the Minister for the release of information under this section.
122.1(3)A person who makes an application under subsection (2) shall within 3 days after making the application serve a copy of the application on the Minister.
122.1(4)If the Minister has reason to believe that the purpose of the application may be for a purpose other than to enforce an order for custody or access, the Minister shall
(a) within seven days after service of the copy of the application, inform the court that the Minister intends to submit a report respecting that belief, and
(b) within seven days after informing the court of the intention to submit a report, submit a report to the court setting out the reasons for that belief.
122.1(5)The court shall not hear the application made under subsection (2) until the expiration of ten days after the making of the application unless the court is satisfied that exceptional circumstances require the earlier disposition of the application, in which case the court may so order, stating in the order the circumstances that gave rise to the order but a failure to comply with this subsection does not deprive the court of jurisdiction.
122.1(6)If the Minister has informed the court of the intention to submit a report under paragraph (4)(b), the court shall not hear the application until the expiration of seven days after being informed of that intent unless the Minister submits a report to the Court before the expiration of those seven days.
122.1(7)Where a report is submitted to the court under paragraph (4)(b)
(a) the court shall cause a copy of the report to be given to the person who made the application, and
(b) the person who made the application shall be given the opportunity to cross-examine the person designated by the Minister under paragraph 3(1)(b) who made the report.
122.1(8)A court shall not grant an authorization under subsection (9) where it appears to the court that the purpose of the application is for a purpose other than to enforce an order for custody or access.
122.1(9)The court may, if it is satisfied
(a) that reasonable steps have been taken to locate the person, child or children to whom the application relates, or
(b) where it is alleged that the person to whom the application relates has left the Province, that the allegation is based on reasonable grounds,
authorize in writing an appropriate officer of that court to apply to the Minister for the release of information under this section.
122.1(10)An application to have provincial information banks searched and to have the information released may be made to the Minister by
(a) an appropriate officer of that court, if authorized to do so under subsection (9),
(b) a peace officer investigating a child abduction pursuant to section 282 or 283 of the Criminal Code (Canada), or
(c) a provincial enforcement service.
122.1(11)An application under subsections (2) and (10) shall be accompanied by the information and documents required by regulation.
122.1(12)Where the information requested in an application is found in a provincial information bank and is the kind of information that may be released, the Minister shall release the information to the applicant.
122.1(13)Information obtained from a provincial information bank under this section may be disclosed to the extent necessary for the enforcement of an order for support, custody or access or for the purposes of an investigation of a child abduction under section 282 or 283 of the Criminal Code (Canada).
122.1(14)The release and disclosure of information under this section for the purposes of this section shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality.
122.1(15)Subject to the provisions of any other Act which provides for the release or disclosure of information found in a designated provincial information bank, no person shall release information found in a provincial information bank or disclose information provided under this section except in accordance with this section and the regulations.
1991, c.25, s.2; 2005, c.S-15.5, s.56
Provincial information banks
122.1(1)The provincial information banks that may be searched for the purposes of this section are the provincial information banks designated by regulation.
122.1(2)Any person entitled to have an order for custody or access enforced may make an ex parte application to a court requesting that the court authorize an appropriate officer of the court to apply to the Minister for the release of information under this section.
122.1(3)A person who makes an application under subsection (2) shall within 3 days after making the application serve a copy of the application on the Minister.
122.1(4)If the Minister has reason to believe that the purpose of the application may be for a purpose other than to enforce an order for custody or access, the Minister shall
(a) within seven days after service of the copy of the application, inform the court that the Minister intends to submit a report respecting that belief, and
(b) within seven days after informing the court of the intention to submit a report, submit a report to the court setting out the reasons for that belief.
122.1(5)The court shall not hear the application made under subsection (2) until the expiration of ten days after the making of the application unless the court is satisfied that exceptional circumstances require the earlier disposition of the application, in which case the court may so order, stating in the order the circumstances that gave rise to the order but a failure to comply with this subsection does not deprive the court of jurisdiction.
122.1(6)If the Minister has informed the court of the intention to submit a report under paragraph (4)(b), the court shall not hear the application until the expiration of seven days after being informed of that intent unless the Minister submits a report to the Court before the expiration of those seven days.
122.1(7)Where a report is submitted to the court under paragraph (4)(b)
(a) the court shall cause a copy of the report to be given to the person who made the application, and
(b) the person who made the application shall be given the opportunity to cross-examine the person designated by the Minister under paragraph 3(1)(b) who made the report.
122.1(8)A court shall not grant an authorization under subsection (9) where it appears to the court that the purpose of the application is for a purpose other than to enforce an order for custody or access.
122.1(9)The court may, if it is satisfied
(a) that reasonable steps have been taken to locate the person, child or children to whom the application relates, or
(b) where it is alleged that the person to whom the application relates has left the Province, that the allegation is based on reasonable grounds,
authorize in writing an appropriate officer of that court to apply to the Minister for the release of information under this section.
122.1(10)An application to have provincial information banks searched and to have the information released may be made to the Minister by
(a) an appropriate officer of that court, if authorized to do so under subsection (9),
(b) a peace officer investigating a child abduction pursuant to section 282 or 283 of the Criminal Code (Canada), or
(c) a provincial enforcement service.
122.1(11)An application under subsections (2) and (10) shall be accompanied by the information and documents required by regulation.
122.1(12)Where the information requested in an application is found in a provincial information bank and is the kind of information that may be released, the Minister shall release the information to the applicant.
122.1(13)Information obtained from a provincial information bank under this section may be disclosed to the extent necessary for the enforcement of an order for support, custody or access or for the purposes of an investigation of a child abduction under section 282 or 283 of the Criminal Code (Canada).
122.1(14)The release and disclosure of information under this section for the purposes of this section shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality.
122.1(15)Subject to the provisions of any other Act which provides for the release or disclosure of information found in a designated provincial information bank, no person shall release information found in a provincial information bank or disclose information provided under this section except in accordance with this section and the regulations.
1991, c.25, s.2; 2005, c.S-15.5, s.56
Provincial information banks
122.1(1)The provincial information banks that may be searched for the purposes of this section are the provincial information banks designated by regulation.
122.1(2)Any person entitled to have an order for support, custody or access enforced may make an ex parte application to a court requesting that the court authorize an appropriate officer of the court to apply to the Minister for the release of information under this section.
122.1(3)A person who makes an application under subsection (2) shall within 3 days after making the application serve a copy of the application on the Minister.
122.1(4)If the Minister has reason to believe that the purpose of the application may be for a purpose other than to enforce an order for support, custody or access, the Minister shall
(a) within seven days after service of the copy of the application, inform the court that the Minister intends to submit a report respecting that belief, and
(b) within seven days after informing the court of the intention to submit a report, submit a report to the court setting out the reasons for that belief.
122.1(5)The court shall not hear the application made under subsection (2) until the expiration of ten days after the making of the application unless the court is satisfied that exceptional circumstances require the earlier disposition of the application, in which case the court may so order, stating in the order the circumstances that gave rise to the order but a failure to comply with this subsection does not deprive the court of jurisdiction.
122.1(6)If the Minister has informed the court of the intention to submit a report under paragraph (4)(b), the court shall not hear the application until the expiration of seven days after being informed of that intent unless the Minister submits a report to the Court before the expiration of those seven days.
122.1(7)Where a report is submitted to the court under paragraph (4)(b)
(a) the court shall cause a copy of the report to be given to the person who made the application, and
(b) the person who made the application shall be given the opportunity to cross-examine the person designated by the Minister under paragraph 3(1)(b) who made the report.
122.1(8)A court shall not grant an authorization under subsection (9) where it appears to the court that the purpose of the application is for a purpose other than to enforce an order for support, custody or access.
122.1(9)The court may, if it is satisfied
(a) that reasonable steps have been taken to locate the person, child or children to whom the application relates, or
(b) where it is alleged that the person to whom the application relates has left the Province, that the allegation is based on reasonable grounds,
authorize in writing an appropriate officer of that court to apply to the Minister for the release of information under this section.
122.1(10)An application to have provincial information banks searched and to have the information released may be made to the Minister by
(a) an appropriate officer of that court, if authorized to do so under subsection (9),
(b) a peace officer investigating a child abduction pursuant to section 282 or 283 of the Criminal Code (Canada), or
(c) a provincial enforcement service.
122.1(11)An application under subsections (2) and (10) shall be accompanied by the information and documents required by regulation.
122.1(12)Where the information requested in an application is found in a provincial information bank and is the kind of information that may be released, the Minister shall release the information to the applicant.
122.1(13)Information obtained from a provincial information bank under this section may be disclosed to the extent necessary for the enforcement of an order for support, custody or access or for the purposes of an investigation of a child abduction under section 282 or 283 of the Criminal Code (Canada).
122.1(14)The release and disclosure of information under this section for the purposes of this section shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality.
122.1(15)Subject to the provisions of any other Act which provides for the release or disclosure of information found in a designated provincial information bank, no person shall release information found in a provincial information bank or disclose information provided under this section except in accordance with this section and the regulations.
1991, c.25, s.2