Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

Act current to 2017-12-11 and last amended on 2013-12-12. Previous Versions

Marginal note:Exception for security name changes

 No information may be released under this Part in respect of any person whose identity has been changed for security or law enforcement purposes.

Regulations

Marginal note:Regulations by Governor in Council

 The Governor in Council may make regulations

  • (a) prescribing the form of an application for the release of information under this Part and the information that must be contained therein;

  • (a.1) prescribing the manner in which an application for the searching of information banks and the release of information under this Part may be made;

  • (b) designating, for the purposes of section 15, the information banks that may be searched under this Part;

  • (c) setting out the manner in which searches for information under this Part are to be conducted;

  • (d) prescribing the conditions under which information may be released under section 18 by one information bank director to the other information bank director;

  • (e) establishing the procedures to be followed for the transmission to the Minister of information found in any information bank searched under this Part; and

  • (f) generally, for carrying out the purposes and provisions of this Part.

  • R.S., 1985, c. 4 (2nd Supp.), s. 22;
  • 1997, c. 1, s. 20.

PART IIGarnishment of Federal Moneys to Satisfy Support Orders and Support Provisions

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    garnishable moneys

    sommes saisissables

    garnishable moneys means moneys authorized to be paid by Her Majesty by or under such Acts of Parliament or provisions thereof or programs thereunder as are designated by the regulations; (sommes saisissables)

    garnishee summons

    bref de saisie-arrêt

    garnishee summons includes any document or court order of similar nature; (bref de saisie-arrêt)

    garnishment

    Version anglaise seulement

    garnishment includes attachment; (Version anglaise seulement)

    Her Majesty

    Sa Majesté

    Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

    judgment debtor

    débiteur

    judgment debtor means a person named in a garnishee summons in respect of whom garnishable moneys are sought to be garnisheed under this Part; (débiteur)

    Minister

    ministre

    Minister means the Minister of Justice; (ministre)

    provincial garnishment law

    droit provincial en matière de saisie-arrêt

    provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of support orders and support provisions; (droit provincial en matière de saisie-arrêt)

    support order

    ordonnance alimentaire

    support order means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province; (ordonnance alimentaire)

    support provision

    entente alimentaire

    support provision means a provision in an agreement relating to the payment of maintenance or family financial support that is enforceable by a garnishee summons under provincial garnishment law. (entente alimentaire)

  • Marginal note:Refund of tax payable to client not discounter

    (2) Notwithstanding the acquisition by a discounter from a client of a right to a refund of tax for the purposes of the Tax Rebate Discounting Act, the refund of tax remains, for the purposes of this Part, payable to the client and not the discounter.

  • R.S., 1985, c. 4 (2nd Supp.), s. 23;
  • 1992, c. 1, s. 66;
  • 1993, c. 8, s. 13(F).

Garnishment of Her Majesty

Marginal note:Her Majesty may be garnisheed

 Notwithstanding any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of support orders and support provisions, be garnisheed in accordance with this Part in respect of all garnishable moneys.

Marginal note:Provincial garnishment law applies

 Subject to section 26 and any regulations made under this Part, garnishment under this Part shall be in accordance with provincial garnishment law.

  • R.S., 1985, c. 4 (2nd Supp.), s. 25;
  • 1993, c. 8, s. 14.
Marginal note:Inconsistencies with provincial garnishment law

 In the event of any inconsistency between this Part or a regulation made under this Part and provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency.

Marginal note:Location of garnishable moneys

 For the purposes of this Part, garnishable moneys are deemed to be located in the jurisdiction of every court requested to issue a garnishee summons in respect thereof.

Garnishee Summons

Marginal note:Service binds Her Majesty for five years

 Subject to this Part and the regulations, service of the following documents on the Minister, namely,

  • (a) a garnishee summons, and

  • (b) [Repealed, 1997, c. 1, s. 21]

  • (c) an application in the form prescribed by the regulations,

binds Her Majesty for five years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.

  • R.S., 1985, c. 4 (2nd Supp.), s. 28;
  • 1993, c. 8, s. 15;
  • 1997, c. 1, s. 21.
Marginal note:Calculation of five year period

 For the purposes of section 28, the five year period referred to in that section commences on the expiration of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.

  • R.S., 1985, c. 4 (2nd Supp.), s. 29;
  • 1993, c. 8, s. 15.

Garnishee Summons of Continuing Effect

Marginal note:Garnishee summons of continuing effect

 Subject to section 31, where a garnishee summons of continuing effect is served on the Minister under this Part and garnishable moneys become payable to the judgment debtor in the five year period during which Her Majesty is bound by the garnishee summons, Her Majesty shall, at the expiration of that period, continue to be bound in accordance with the garnishee summons in respect of all subsequent payments of garnishable moneys to the judgment debtor that are authorized by the same Act of Parliament, provision thereof or program thereunder that authorized the payments of the garnishable moneys to the judgment debtor in the period during which Her Majesty was originally bound by the garnishee summons.

  • R.S., 1985, c. 4 (2nd Supp.), s. 30;
  • 1993, c. 8, s. 15.
Marginal note:Limitation

 Her Majesty shall cease to be bound under section 30 in respect of any garnishable moneys authorized by any particular Act of Parliament, provision thereof or program thereunder if no such moneys become payable to the judgment debtor for any period of one hundred and eighty consecutive days.

Service of Documents

Marginal note:Time of service

 A garnishee summons served on the Minister has effect only if it is served on the Minister in the first thirty days following the first day on which it could have been validly served on the Minister.

Marginal note:Place of service

 Service of documents on the Minister in connection with garnishment proceedings permitted by this Part must be effected at the place specified in the regulations.

Marginal note:Method of service

 In addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by registered mail or by any other method prescribed in the regulations.

Marginal note:Service by registered mail

 Where service of a document on the Minister under this Part is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Minister.

Administrative Procedures

Marginal note:Notice to ministers

 Forthwith after receipt of the documents referred to in section 28, the Minister shall notify every minister responsible for garnishable moneys of the service thereof and provide each such minister with such information as may be necessary to assist that other minister in determining whether any garnishable moneys are payable to the judgment debtor.

  • R.S., 1985, c. 4 (2nd Supp.), s. 36;
  • 1993, c. 8, s. 16.
 
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