1.00.04 Clients Presenting Court Orders
Policy
Court orders ordering the release of another’s individuals’ personal information under Section 2(1)(d) of the Access to Motor Vehicle Information Regulation (AMVIR) must be approved by Data Access and Contract Management Unit (DACMU) prior to any search being processed.
The court order must be filed in a court having jurisdiction in Alberta, and must state it orders “the Registrar of Motor Vehicles” to release specific information for it to be considered valid for the purpose of releasing Motor Vehicle information under AMVIR.
Requirements
The client must:
- Be present in the registry agent office.
- Provide acceptable identification; see 2.05.02 Acceptable Identification/ Enrolment – Section.
- Present a court order indicating the requested information is required for court purposes.
- The court order must be filed, dated, stamped and registered at a court having jurisdiction in Alberta.
- Present a search request letter, as well as any supporting documents that may be requested by DACMU.
Note:
The registry agent should advise the client to contact DACMU at (780) 427-0024 for guidance in obtaining the required court order under s. 2(1)(d) of AMVIR.
Search request letters must:
- Be on letterhead if the requestor is an organization or law firm.
- If the requestor is an organization or law firm, the letter must also identify the name of the individual that is authorized to obtain the requested search.
- Be dated and signed by the person making the request.
- Have 2 independent identifiers for the person being searched that are relevant to the information that is being requested. Acceptable combinations of identifiers include:
- Birthdate and driver’s licence number.
- Full name and:
- Last known Address.
- Address (as of a specific date).
- Birthdate.
- Driver’s licence number.
- Plate number (as of a specific date).
- VIN (as of a specific date).
- State the purpose of the request.
- Indicate what information is being requested and what it will be used for.
- The information requested must be in accordance with the court order.
An agent must:
- Review the documents to determine if the client is eligible to receive the information they are requesting.
- Advise the client that DACMU will review the request, and the request may be approved or denied. DACMU may also request additional documentation or information.
- Complete the Search Processing Request form (pdf)
- Process the request on MOVES under Miscellaneous Documents.
- Print a MOVES TX receipt for the request.
- Fax all documents, including TX receipts and applicable supporting documents, to DACMU.
DACMU will contact the registry agent to advise the registry agent of one of the following:
- The search request has been denied and the reason that it has been denied. If denied, a Not Found Report will be processed by DACMU. The Not Found Report will be sent to the registry agent and must be released to the client.
or - The search request will be processed by DACMU. DACMU will send the completed search product to the registry agent. Once received, the registry agent must release the search product to the client.
Quick Reference
For client types, requirements and audit retention; see QR 1.13 - Clients Presenting Court Orders.
Date Originally Issued: Jul 25, 2013
Date Last Revised: Oct 15, 2019