An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence (S.C. 2004, c. 7)

Marginal note:Bill C-22

• 40. (1) If Bill C-22, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Judges Act and to amend other Acts in consequence (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (6) are amended as provided in those subsections.

• (2) On the later of the coming into force of section 48 of the other Act and section 12 of this Act, section 19 of the French version of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

  Marginal note:Lieu de la signification

  • 19. (1) Les documents relatifs à une saisie-arrêt prévue par la présente section doivent être signifiés au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l'éthique au lieu indiqué dans les règlements.

  • Marginal note:Modes de signification

    (2) En plus des modes de signification prévus par le droit d'une province, la signification de documents prévue au paragraphe (1) peut se faire soit par courrier recommandé, à l'intérieur ou à l'extérieur de la province, soit de toute autre manière réglementaire.

  • Marginal note:Date de signification

    (3) La date de la signification de tout document effectuée au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l'éthique par courrier recommandé est celle de sa réception.

• (3) On the later of the coming into force of section 49 of the other Act and section 15 of this Act, section 23 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

  Marginal note:Method of response

  • 23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.

  • Marginal note:Response by registered mail

    (2) Where the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, has responded to the garnishee summons.

  • Marginal note:Effect of payment into court

    (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment.

  • Marginal note:Effect of payment to provincial enforcement service

    (3.1) Where a payment to a provincial enforcement service is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is a good and sufficient discharge of liability, to the extent of the payment.

  • Marginal note:Recovery of overpayment to debtor

    (4) Where, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

  • Marginal note:Payments to party that instituted proceedings

    (5) Where moneys are paid to or for the benefit of a party that instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that party and may be recovered from the party by deduction or set-off against any moneys payable to or for the benefit of that party under this Division.

• (4) On the later of the coming into force of section 50 of the other Act and section 5 of this Act, section 28.2 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

  Marginal note:No liability

  28.2 No action lies against Her Majesty, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty, or against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, or any of its officers or employees, for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.

• (5) On the later of the coming into force of section 52 of the other Act and section 5 of this Act, paragraphs 30.1(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following:

  • (a) an officer or employee of Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner;

  • (b) a person hired on a contractual basis by Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and

• (6) On the later of the coming into force of section 59 of the other Act and section 5 of this Act, paragraphs 48(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following:

  • (a) an officer or employee of Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner;

  • (b) a person hired on a contractual basis by Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and