PRO BONO: Remember privacy rules before acting

Dear Tuma:
Can an office staff person contact maintenance enforcement without an employee’s written consent and inform enforcement that the employee has started working full time? What about when the employee is in arrears? What about the staff from the welfare office? Can they request information about the new employee’s income without the employee’s consent? Does the staff have to confirm that there is written consent before giving out information?
Between A Rock and a Hard Place

Dear Between:
First, I want to clarify for my readers what maintenance enforcement is. Every province now has a program where support orders are sent, and this department (maintenance enforcement) is responsible for the collection and enforcement of maintenance orders.
A court order is a public document and it is usually sent to the maintenance enforcement officer. The office then arranges with the payer for regular payments to be made. However, the maintenance enforcement office can and does garnish the income of the payer when he or she cannot make arrangements. The maintenance office does have the power to request information from any and all sources to determine whether the payer has income or not.
Another piece of legislation to consider is the Privacy Act. This Act governs the collection of personal information, and how it can be used by companies, band offices, corporations and businesses.
It is difficult to answer your first question without knowing more. Is there an order on file? Has the maintenance office sent a request for information? If not, then I would say the staff member is wrong in contacting the officer. The person may or may not have a maintenance order against them and unless you know for sure, why would you call the maintenance office?
From your second question it appears that there is an order in place and maintenance has not been paid. If the band staff has known about the order previously, then yes, they have to comply with the request for information from the maintenance office.
As for the staff from the welfare office, they can and do have the right to inquire into a person’s source of income, IF AND ONLY IF, that person has applied for or is in receipt of social assistance benefits. Usually, the application for social assistance has a clause authorizing the staff to conduct any and all necessary investigations.
Finally, if you receive a request, it is a good practice to confirm that either an order is in place or request written confirmation that the social assistance department has authorization.

Dear Tuma:
I love to play bingo and on our reserve some folks have merchandise bingos to raise money for their kids’ school trips or other trips. I never miss a chance to play, big jackpots or merchandise. I play them all. But the one last week worried me. A cousin of mine was having a merchandise bingo and I went. I won the first game and when I went to pick out the prize, it was liquor!
Six and eight packs of beer, wine coolers and bottles of cheap wine. I don’t drink and was shocked that they did this. I was told that everyone is offering liquor as prizes now as a gimmick to get more people to come to the bingos. Is this legal?
Don’t Drink and Dab
Dear Don’t:
No, it is not legal and what they are doing is called bootlegging or rum running. You cannot sell, barter or offer liquor as a prize in games of chance and this includes bingos. Each province has a liquor control act in which the sale of liquor is strictly regulated as to how it is sold. I’m not even sure that games of chance in bars or taverns can offer drinks as prizes.
The only way it can be done legally is that if the bingo operator obtained a license to sell liquor or to have a special occasion licence. Even then, I do not think you can offer liquor as prizes.
This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Questions can be sent to tuma@eskasonibc.ns.ca .