The Maintenance Enforcement Program (MEP) is committed to preserving the privacy of its clients. With limited exceptions, only clients have the right to access personal information about themselves and their MEP account.

Confidential information

MEP is not subject to the provisions of the Freedom of Information and Privacy Act with regard to the release of client file information.

Section 15(1) of the Maintenance Enforcement Act states that "information received by the Director under this Act may be used only for the purpose of enforcing a maintenance order and is otherwise confidential."

Information that is confidential includes the client's:

• name (if different from the name specified in the maintenance order)
• address and telephone numbers
• marital status
• social assistance status
• income, assets and banking information
• Statement of Finances
• employment status or place of employment
• MEP Personal Identification Number (PIN)
• social insurance number (SIN)
• other personal information.

MEP will also not release confidential information relating to children, such as their address, activities and the educational institutions they are attending.

Information that may be released

Section 15 of the Act allows MEP to provide certain information to particular persons and organizations, including the Ombudsman.

Section 2.2(1) of the Maintenance Enforcement Regulation (the "regulation") states that the Director may provide information that a debtor is in arrears and ancillary information to the creditor, the creditor's legal counsel, the debtor and the debtor's legal counsel.

Arrears due to the Crown

Legal counsel assisting debtors who are applying to reduce maintenance arrears will need to know if any of the arrears are subrogated or due to the Crown. If arrears are due to the Crown, MEP's legal counsel may appear in court to oppose the application. Creditors and their lawyers cannot agree to reduce or eliminate arrears that are due to the government.

MEP's legislation permits MEP to advise clients and their legal counsel of the amount of arrears on a file, whether any of those arrears are due to the Crown and the periods of time when the Crown was entitled to the maintenance payments.

Authorization to release client information to legal counsel

It is no longer necessary for clients to sign a written authorization allowing MEP to deal with their lawyer. MEP now accepts lawyers' indications that they act for a client as authorization for the release of file information.

If a lawyer writes and confirms that they act for a client, MEP will accept this statement as an indication that the client has authorized the release of file information to their lawyer. MEP will then release the information to the client's lawyer.

For lawyers who phone MEP directly, however, MEP staff need confirmation that they are in fact speaking to the client's lawyer. They may confirm this in one of the following ways:

• The name and telephone number display on the MEP telephone confirms the name and the telephone number of the law firm
• MEP staff place an outgoing call to the law firm
• MEP staff make inquiries of the lawyer calling to confirm their identity.

Obtaining statements of account and account balances for court

The best and quickest way of obtaining a MEP statement of account is to have your client print it through MEP Accounts Online. Your client may also order a statement through the automated functions of the MEP Info Line. A statement will be mailed to the client within two business days. Please note:

• The client will be responsible for forwarding the statement to your office.
• It is essential that MEP have your client's current address on file or the statement will not be received. Statements are not mailed to addresses shown as "bad" (inaccurate) on MEP's records.

Lawyers or clients may also request a statement of account by telephoning the Client Services Centre. This will result in a faster response than sending a written request by fax or mail. Staff will endeavour to provide a response within 14 days after a written request is received.

Updating account balances before court appearances

On occasion, you may wish to obtain an updated MEP account balance on the day of court. The easiest way to do this is by having your client obtain the balance on the MEP Info Line or MEP Accounts Online. Clients are encouraged to obtain this information themselves, rather than providing their Personal Identification Number (PIN) to their legal counsel.

Service delivery targets and urgent matters

MEP has service delivery targets that set timelines for reviewing and responding to correspondence and responding to telephone inquiries. Staff are currently asked to address inquiries within 14 to 30 days, depending on the nature of the inquiry. On occasion, however, work volumes prevent MEP staff from meeting their service standards.

If there is a time-sensitive matter in relation to a pending court application or a land titles registration, please phone MEP and identify this urgency to the client services representative for referral to a supervisor. The supervisor will endeavour to respond to the request in accordance with the time constraints involved.

For additional information on how to obtain appropriate assistance if you have a concern, see the Info Sheet - If You have a Compliment or Complaint.