Impact of Adding Revenue Canada Databases Under FOAEA—Part 1 Tracing For Locating Persons
Final Report

2004-FCY-10E

7.0   TRACING AND ENFORCEMENT HISTORY

7.1   Trace History

Data was collected on the previous trace histories of the 315 clients for whom a federal trace search was made. An attempt was made to identify the number of previous FAMS traces (excluding automatic searches) and federal FOAEA traces. However, trace history data were often incomplete or inaccurate. For example, sometimes no trace history was recorded, despite there being a FOAEA trace underway. Five percent of the cases were registered as never having had a FAMS or FOAEA trace. Despite these data limitations, trace history results are presented in Table 20.

Table 20   Number of traces per case
Number of searches recorded Number of files:
FAMS searches
Number of files:
FOAEA searches
Total files searched
No searches/no data 86 (27%) 61 (19%) 16 (5%)
1-3 searches 174 (55%) 247 (78%) 193 (61%)
4-7 searches 52 (16%) 7 (2%) 90 (29%)
8-9 searches 3 (1%) 0 12 (4%)
10-19 searches 0 0 4 (1%)
Average no. of traces per case 2 1 3
Total 315 (99%) 315 (99%) 315 (100%)

According to this data, over one third of the cases had been searched by FAMS or FOAEA a minimum of four different times; the average number of searches per case file was three. Five percent of the files had lengthy (eight or more) trace histories.

7.2   Active Enforcement Actions

Over 35 types of enforcement actions can be applied by FMEP in response to maintenance arrears. This study tracked 10 of the most significant enforcement actions actively underway for each case at the time the file was reviewed. In most cases, other enforcement actions had been applied but had expired or were withdrawn.

An explanation of the enforcement actions reviewed is provided in Table 22.

Each file had an average number of three enforcement actions currently underway.

Table 21   Number of active enforcement actions per case
Number of active enforcement actions Number %
None recorded 21 7%
1 action 54 17%
2 actions 80 25%
3 actions 89 28%
4 actions 52 17%
5 actions 16 5%
6 actions 3 3%
Total 315 100%

Garnishees of federal payments (NOFIs) were the most basic form of enforcement used because they can be attached to a wide range of federal payments. Federal license denial, one of the most serious enforcement actions, was applied in only 10 percent of cases. All federal enforcement measures go beyond provincial/territorial boundaries and are not geographically restricted.

Table 22   Types of active enforcement actions
Type of enforcement action Description Number %
Notice of Attachment Garnishee—usually of company wages 44 14%
NOFI Garnishee of federal payment 280 89%
NOFG Garnishee of federal salary 0 0
CPA Compulsory Payment Allotment (military personnel) 0 0
Reg-Land Lien against land or house 11 3%
Active committal hearing Hearing prerequisite to imprisonment 0 0
Driver's License enforcement action Enforcement related to Driver's License 125 40%
License denial Federal license denial (marine, passport, aviation licenses) 31 10%
Credit Bureau enforcement action Loan denial assessment (if payor applies for loan) 219 70%
26.1 Seizure of personal property (e.g. boat, car) 65 2%

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