G-2Garnishment, Attachment and Pension Diversion ActSOR/83-21219833

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GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACTGarnishment and Attachment RegulationsRegulations Respecting Garnishment and Attachment ProceedingsP.C.1983-65819833

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His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 9, 12, 14, and 19 of the Garnishment, Attachment and Pension Diversion Act*, is pleased hereby to make the annexed Regulations respecting garnishment and attachment proceedings.*S.C. 1980-81-82, c. 100SHORT TITLE

1.These Regulations may be cited as the Garnishment and Attachment Regulations.

INTERPRETATION

2.In these Regulations,Act means the Garnishment, Attachment and Pension Diversion Act. (Loi)debtor[Repealed, SOR/97-176, s. 1]

• SOR/97-176, s. 1.

INFORMATION TO BE CONTAINED IN A GARNISHMENT APPLICATION

3.An application referred to in subsection 6(1) or 18(1) of the Act shall be in the form set out in the schedule.

• SOR/84-47, s. 1;
• SOR/97-176, s. 2.

SERVICE OF DOCUMENTS

4.(1)Subject to subsections (2) and (3), service of documents on Her Majesty in connection with garnishment proceedings permitted by Division I of Part I of the Act including those in relation to the Canada Post Corporation in respect of a debtor must be effected at the following places:(a)if the garnishee summons is issued or will be issued by a court located in Newfoundland and Labrador,Canada Revenue Agency290 Empire AvenueSt. John’s, NewfoundlandA1C 6L9Attention: Garnishment Registry;(b)if the garnishee summons is issued or will be issued by a court located in Prince Edward Island,Department of Justice,Legal Services Unit — Veterans Affairs Canada,P.O. Box 7700,Charlottetown, Prince Edward IslandC1A 8M9Attention: Garnishment Registry;(c)where the garnishee summons is issued or will be issued by a court located in Nova Scotia,Department of JusticeHalifax Regional OfficeSuite 1400Duke Tower5251 Duke StreetHalifax, Nova ScotiaB3J 1P3Attention: Garnishment Registry;(d)where the garnishee summons is issued or will be issued by a court located in New Brunswick,Office of The Director-Taxation,65 Canterbury Street,P.O. Box 6300,Postal Station “A”,Saint John, New BrunswickE2L 4H9Attention: Garnishment Registry;(e)where the garnishee summons is issued or will be issued by a court located in Quebec, other than in that part of the National Capital Region referred to in subparagraph (f)(ii),Department of JusticeMontreal Regional Office9th Floor, East Tower200 René Lévesque Boulevard WestMontreal, QuebecH2Z 1X4Attention: Garnishment Registry;(f)where the garnishee summons is issued or will be issued by a court located in(i)the following counties, districts or judicial district of Ontario, namely,(A)District of Algoma,(B)District of Cochrane,(C)County of Frontenac,(D)District of Kenora,(E)County of Lanark,(F)Counties of Leeds and Grenville,(G)Counties of Lennox and Addington,(H)District of Manitoulin,(I)District of Nipissing,(J)Judicial District of Ottawa-Carleton,(K)District of Parry Sound,(L)Counties of Prescott and Russell,(M)County of Prince Edward,(N)District of Rainy River,(O)County of Renfrew,(P)Counties of Stormont, Dundas and Glengarry,(Q)District of Sudbury,(R)District of Temiskaming, and(S)District of Thunder Bay, or(ii)that part of the National Capital Region located in Quebec,Department of Justice,Justice Building,P.O. Box 2730, Station DOttawa, OntarioK1P 5W7Attention: Garnishment Registry;(g)where the garnishee summons is issued or will be issued by a court located in Ontario, other than the counties, districts or judicial district referred to in subparagraph (f)(i),Department of JusticeToronto Regional Office2 First Canadian PlaceBox 36Toronto, OntarioM5X 1K6Attention: Garnishment Registry;(h)where the garnishee summons is issued or will be issued by a court located in Manitoba;Department of Justice,Winnipeg Regional Office,301 Centennial House,310 Broadway Avenue,Winnipeg, ManitobaR3C 0S6Attention: Garnishment Registry;(i)if the garnishee summons is issued or will be issued by a court located in Saskatchewan,Department of JusticeSaskatoon Regional OfficeScotia Centre10th Floor, 123-2nd Avenue SouthSaskatoon, SaskatchewanS7K 7E6Attention: Garnishment Registry;(j)where the garnishee summons is issued or will be issued by a court located in Alberta,Department of JusticeEdmonton Regional OfficeSuite 21110199 - 101 StreetEdmonton, AlbertaT5J 3Y4Attention: Garnishment Registry;(k)where the garnishee summons is issued or will be issued by a court located in British Columbia,Department of JusticeVancouver Regional OfficeSuite 900840 Howe StreetVancouver, British ColumbiaV6Z 2S9Attention: Garnishment Registry;(l)where the garnishee summons is issued or will be issued by a court located in the Northwest Territories,Department of Justice,Yellowknife Regional Office, Box 8,Yellowknife, Northwest TerritoriesX1A 2N1Attention: Garnishment Registry;(m)if the garnishee summons is issued or will be issued by a court located in Yukon,Whitehorse Crown Attorney’s OfficeDepartment of Justice Canada, Northern RegionYukon Regional OfficeSuite 200300 Main StreetWhitehorse, YukonY1A 2B5Attention: Garnishment Registry; and(n)if the garnishee summons is issued or will be issued by a court located in Nunavut,Department of JusticeNunavut Regional OfficeP.O. Box 1030Iqaluit, NunavutX0A 0H0Attention: Garnishment Registry.(2)Service of documents on Her Majesty in connection with garnishment proceedings permitted by Division I of Part I of the Act in respect of a debtor who(a)receives salary or remuneration from the Department of Justice,(b)receives salary or remuneration from a court,(c)is a judge to whom the Judges Act applies, or(d)[Repealed, SOR/84-47, s. 2](e)is a member of a Minister’s staff appointed by the Minister pursuant to section 39 of the Public Service Employment Act,must be effected at,Department of Justice,P.O. Box 2730, Station DOttawa, OntarioK1P 5W7Attention: Garnishment Registry;(3)Service of documents on Her Majesty in connection with garnishment proceedings permitted by Division I of Part I of the Act in respect of a debtor who receives salary or remuneration from a Crown corporation listed in section 6, other than the Canada Post Corporation, must be effected at the head office of the corporation.

• SOR/84-47, s. 2;
• SOR/97-176, s. 3;
• SOR/2002-278, s. 5;
• SOR/2008-191, s. 1.

Previous Version

4.1Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner in connection with garnishment proceedings permitted by Division IV of Part I of the Act in respect of a debtor must be effected at the following places:(a)in the case of service of documents on the Senate,The Senate,c/o The Law Clerk and Parliamentary Counsel,Parliament Buildings,Ottawa, OntarioK1A 0A4(b)in the case of service of documents on the House of Commons,House of CommonsLegal ServicesRoom 7-02131 Queen StreetOttawa, OntarioK1A 0A6Attention: Garnishment Registry;(c)in the case of service of documents on the Library of Parliament, at the address set out in paragraph (a) or (b);(d)in the case of service of documents on the office of the Senate Ethics Officer,The Senate Ethics Office90 Sparks Street,Room 526,Ottawa, OntarioK1P 5B4;(e)in the case of service of documents on the office of the Conflict of Interest and Ethics Commissioner,The Office of the Conflict of Interest and Ethics Commissioner,66 Slater Street,22nd Floor,Ottawa, OntarioK1A 0A6.

• SOR/84-47, s. 3;
• SOR/97-176, s. 4;
• SOR/2002-278, s. 6;
• SOR/2005-53, s. 1;
• SOR/2008-191, s. 2.

Previous Version

EXCLUSIONS FROM SALARY

5.For the purposes of the definition salary in sections 4 and 16 of the Act, the following amounts are deemed to be or to have been excluded from a person’s salary:(a)any contribution or payment required by law to be made out of the moneys payable to the person, including,(i)Canada Pension Plan and Quebec Pension Plan contributions,(ii)contributions required to be made pursuant to any Act listed in the schedule to the Act,(iii)unemployment insurance contributions,(iv)income tax payments, and(v)federal and provincial statutory tax deductions;(b)any amount that is a compulsory premium payment deducted from the moneys payable to the person for purposes of insurance or health care including,(i)payments for a provincial medical care or hospital insurance plan,(ii)payments for the Public Service Health Care Plan, where the person is employed outside Canada, and(iii)payments for disability insurance under the Disability Insurance Plan or the Public Service Management Insurance Plan except where such payment is part of union membership dues or fees;(c)any amount deducted pursuant to an Act of the Parliament of Canada other than Part I of the Act;(d)any amount payable to the person as a remuneration supplement in respect of costs of a provincial medical care or hospital insurance plan;(e)any amount deducted as union membership dues or fees but not including any other amount deducted and payable to a union; and(f)any amount that is intended as a reimbursement to the person for special costs incurred by the person in the course of duties and for which the person can produce an invoice or receipt, including,(i)a payment to a Royal Canadian Mounted Police member, to help defray the cost of upkeep and replacement of articles of uniform,(ii)a payment to a Royal Canadian Mounted Police member, whose duties require that member to wear civilian clothing, to help defray the cost of upkeep and replacement of articles of that clothing,(iii)a reimbursement for the cost of boots or gloves required to be worn at work where the person is a supervisory letter carrier, a part-time letter carrier or a mail dispatcher,(iv)a payment to furnish canoes or boats or camping equipment where the person is employed as a fisheries warden or fishery guardian,(v)an allowance paid to a pasture manager or a pasture rider in compensation for the use of that person’s horse,(vi)a reimbursement for the loss of clothing or personal property in a marine disaster or shipwreck,(vii)a reimbursement of costs incurred by an air traffic controller in obtaining the annual medical examination required to maintain a valid air traffic control licence,(viii)a reimbursement of the membership fees paid to an association or institution, where membership in the association or institution is in the interests of the department on behalf of which or the Crown corporation, Senate, House of Commons or Library of Parliament on behalf of which or by which salary or remuneration is payable to the person,(ix)a payment of a foreign service premium, a post-differential allowance or a salary equalization factor on being posted abroad or at an isolated post, and(x)a payment of a living cost differential allowance pursuant to the Isolated Posts Directive.

• SOR/84-47, s. 4;
• SOR/88-316, s. 1;
• SOR/97-176, s. 5.

CROWN CORPORATIONS — DIVISION I OF PART I

6.For the purposes of Division I of Part I of the Act, the following Crown corporations are prescribed:(a)Canadian Dairy Commission;(b)Telefilm Canada;(c)Canadian Livestock Feed Board;(d)[Repealed, SOR/84-47, s. 5](e)Royal Canadian Mint; and(f)Canada Post Corporation.

• SOR/84-47, s. 5;
• 2002, c. 17, s. 15.

CROWN CORPORATIONS — DIVISION II OF PART I

7.For the purposes of subsection 14(2) of Division II of Part I of the Act, the following Crown corporations are prescribed:(a)the corporations listed in Schedule A to the Public Service Superannuation Act;(b)Canada Council for the Arts;(c)Canada Deposit Insurance Corporation;(d)Canadian Corporation for the 1967 World Exhibition;(e)Canadian Saltfish Corporation;(f)Freshwater Fish Marketing Corporation;(g)International Development Research Centre;(h)National Arts Centre Corporation;(i)Petro-Canada Limited;(j)Standards Council of Canada; and(k)any other Crown corporation, certain officers or employees of which are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• 1991, c. 10, s. 19;
• 2001, c. 34, s. 17.

SCHEDULE / ANNEXE(Section 3 / article 3)Application under Part I of the Garnishment, Attachment and Pension Diversion Act and Section 3 of the Garnishment and Attachment Regulations formContinued Application under Part I of the Garnishment, Attachment and Pension Diversion Act and Section 3 of the Garnishment and Attachment Regulations formContinued Application under Part I of the Garnishment, Attachment and Pension Diversion Act and Section 3 of the Garnishment and Attachment Regulations formContinued Application under Part I of the Garnishment, Attachment and Pension Diversion Act and Section 3 of the Garnishment and Attachment Regulations form

• SOR/84-47, ss. 6, 7;
• SOR/88-316, s. 2(E);
• SOR/97-176, s. 7;
• SOR/2002-278, s. 7;
• SOR/2008-191, s. 3.

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