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.
| 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 In most cases, other enforcement actions had been applied but had expired or were withdrawn.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.
| 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.
| 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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