Federal Licence/Passport Denial

British Columbia Family Maintenance Enforcement Program

November 9, 2009
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What is "licence/passport denial"?

As soon as a maintenance order or agreement is filed with the Family Maintenance Enforcement Program (FMEP), we are responsible under the Family Maintenance Enforcement Act for monitoring and enforcing that order.

That means we have the authority to take certain actions to make sure the person who is supposed to pay maintenance (called the payor) makes his or her maintenance payments.

One of those actions is to notify the federal government when a payor has fallen $3,000.00 or more behind in maintenance payments. The federal government will then either refuse to issue the payor a new passport and/or federal aviation or marine licence, or suspend the payor's current passport or licence.

Important:
The FMEP is responsible for requesting the licence/passport denial.

Federal government staff cannot decide to remove the denial – only the FMEP can.

If your passport or licence has been denied, please contact the FMEP – not the federal government – to discuss arrangements for lifting the restriction.

Does this apply to all payors with over $3,000.00 in arrears?

No. Denying a payor's licence or passport is a serious step, and we will take that step only after we have tried – unsuccessfully – to collect the maintenance in other ways.

Only if administrative enforcement does not work, and the payor still does not pay the arrears or contact us to work out a reasonable payment plan – and the payor owes more than $3,000.00 in maintenance – will we consider notifying the federal government.

Will the payor be notified before the licence/passport denial goes in place?

Yes. We will send the payor a notice before we contact the federal government. The payor will have the opportunity either to pay the arrears or to make arrangements for paying them over time in addition to making regular maintenance payments.

How long will the licence/passport denial stay in place?

The denial will stay in place:

as long as the payor's maintenance order or agreement is enrolled with the FMEP, or
until the payor arranges to pay the arrears, or
we decide to withdraw the denial based on a review of the payor's case.

Can the payor request a review of the denial?

Yes. A payor may ask us to review the case if the payor:

believes he or she was less than $3,000.00 in arrears at the time we sent the notice, or
can prove that the denial would significantly reduce his or her ability to pay maintenance, or
has started to receive income assistance.

Document Revised: November 1, 2005