This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Family Orders Information Release Regulations
made under Section 7 of the
Family Orders Information Release Act
R.S.N.S. 1989, c. 161
O.I.C. 87-605 (May 20, 1987), N.S. Reg. 104/87
as amended by O.I.C. 89-886 (August 8, 1989), N.S. Reg. 163/89
1 In these regulations
(a) "abducted child" means a child under the age of fourteen years;
(b) "authorized official" means
(i) with respect to records of the Department of Social Services, the Director of Young Offender and Court Services or in his absence some other person designated by the Deputy Minister of Social Services for that purpose,
(ii) with respect to records of the Registry of Motor Vehicles, the Registrar of Motor Vehicles or in his absence some other person designated by the Deputy Minister of
Transportation[Service Nova Scotia and Municipal Relations] for that purpose,
(iii) with respect to records of the Medical Services Insurance Resident Master File, the Executive Director of Health Services and Insurance or in his absence, some other person designated by the Minister of Health for that purpose;
(c) "designated recipient" means
(i) the Family Court for the Province of Nova Scotia,
(ii) persons who are on the staff of the Family Court of the Province of Nova Scotia who are designated by the Minister of Social Services to apply for information,
(iii) persons who are designated by the Minister of Justice to apply for information,
(iv) a peace officer investigating a child abduction;
(d) "information" means the information specified in Section 6 of the Act.
2 (1) For purposes of these regulations, an application for information shall be in writing in a form that satisfies an authorized official that the information is needed to enforce a court order in respect of maintenance or custody or to locate an abducted child.
(2) An application for information shall, where available, specify the full name, date of birth, social insurance number and Medical Services Insurance number of the person in respect of whom the information is sought.
3 The data banks that may be searched for purposes of the Act and these regulations are the Medical Services Insurance Resident Master File, the records of the Registry of Motor Vehicles, the records of the Provincial Court Information System and the records of the Department of Social Services.
Section 3 amended: O.I.C. 89-886, N.S. Reg. 163/89.
4 An authorized official shall release information, where available, to a designated recipient if the designated recipient makes an application in accordance with the Act and these regulations.
5 A designated recipient shall use and release information only in accordance with the Act and these regulations and only for the purpose of enforcing a maintenance or custody order or locating an abducted child.
6 A designated recipient shall maintain or release information in a confidential manner.
7 The Registrar of Motor Vehicles may waive any fee for the provision of information to a designated recipient.
8 These regulations come into force on and not before such day as the enactment of the House of Commons of Canada cited as the Family Orders and Agreements Enforcement Assistance Act, Being Chapter 5 of the Statutes of Canada, 1984-85-86, comes into force.
9 In these regulations:
(a) any reference to the Minister of Social Services shall be construed as a reference to the Minister of Community Services;
(b) any reference to the Deputy Minister of Social Services shall be construed as a reference to the Deputy Minister of Community Services; and
(c) any reference to the Department of Social Services shall be construed as a reference to the Department of Community Services.
Section 9 added: O.I.C. 89-886, N.S. Reg. 163/89.