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:Initial report by ministers

 Forthwith after being notified pursuant to section 36, each minister responsible for garnishable moneys shall report to the Minister on whether such moneys are payable or are foreseeably payable to the judgment debtor.

Marginal note:Obligation to monitor and report back

 In addition to reporting under section 37, each minister responsible for garnishable moneys shall continue to monitor the payments of those moneys the entire time during which Her Majesty is bound in respect of payments thereof and report to the Minister whenever any payments to the judgment debtor become payable or foreseeably payable.

Marginal note:Additional information with every report

 When reporting that garnishable moneys are payable or are foreseeably payable to the judgment debtor, each minister shall also inform the Minister of the amounts payable and the times when those moneys became, or will become, payable.

Marginal note:Right to search information banks

 Subject to the regulations, every minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information that minister deems necessary to confirm the identity of any judgment debtor.

Response to Garnishee Summons

Marginal note:Response time

 The Minister, on behalf of Her Majesty, shall respond to every garnishee summons within the time prescribed by the regulations.

Marginal note:Methods of response to garnishee summons

 In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by registered mail or by any other method prescribed by the regulations.

Marginal note:Response by registered mail

 Where the Minister 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 Minister has responded to the garnishee summons.

Discharge of Liability

Marginal note:Effect of payment into court
  •  (1) A payment into court by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.

  • Marginal note:Effect of payment to provincial enforcement service

    (2) Where a payment to a provincial enforcement service as defined in section 2 is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.

Notice to Judgment Debtor

Marginal note:Notice to judgment debtor

 Where a garnishee summons is served on the Minister under this Part, the Minister shall, in the form, within the time and in the manner prescribed by the regulations, notify the judgment debtor named in the garnishee summons of that service.

  • R.S., 1985, c. 4 (2nd Supp.), s. 45;
  • 1993, c. 8, s. 17.

 [Repealed, 1993, c. 8, s. 17]

Recovery of Payments

Marginal note:Payments to judgment debtor

 Where a judgment debtor is paid any garnishable moneys to which he is not entitled by reason of garnishment proceedings permitted under this Part, the amount thereof is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor.

Marginal note:Payments to party that instituted proceedings

 Subject to section 51, where garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part in excess of the amount that should be paid to or for the benefit of that party, the amount thereof is a debt due to Her Majesty by that party and may be recovered as such in accordance with the Financial Administration Act or by deduction or set-off against any garnishable moneys payable to or for the benefit of that party under this Part.

Marginal note:Exception

 Where it is determined that the reason for the payment of excess moneys referred to in section 50 is that the judgment debtor was not entitled to the garnishable moneys garnisheed under this Part, the amount of the excess is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the garnishable moneys garnisheed under this Part.

General

Marginal note:Ranking of Her Majesty

 When a judgment debtor is indebted to

  • (a) Her Majesty, or

  • (b) Her Majesty in right of a province on account of taxes payable to any province, and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on behalf of the province,

Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any garnishable moneys that are payable to the judgment debtor notwithstanding that a garnishee summons in respect of those moneys has been served on the Minister, and the amount of the indebtedness may be recovered or retained in any manner authorized by law.

  • R.S., 1985, c. 4 (2nd Supp.), s. 52;
  • 2001, c. 4, s. 81.
Marginal note:Multiple garnishee summonses

 Where more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor and the garnishable moneys payable to the judgment debtor are insufficient to satisfy all the garnishee summonses, payment shall be made on a proportional basis.

Marginal note:No execution against Her Majesty

 No execution shall issue on a judgment given against Her Majesty in garnishment proceedings permitted by this Part.

Garnishment, Attachment and Pension Diversion Act

Marginal note:Garnishment, Attachment and Pension Diversion Act

 In the event that a garnishee summons that binds Her Majesty may be honoured under this Part or the Garnishment, Attachment and Pension Diversion Act, the garnishee summons shall be honoured first under the Garnishment, Attachment and Pension Diversion Act and secondly under this Part.

Prohibitions

Marginal note:Prohibition on disentitlement

 No person may be disentitled or disqualified in respect of any payment or future payment of garnishable moneys solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Marginal note:Prohibition on dismissal

 No person may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Fee

Marginal note:Fee

 A fee in the amount prescribed by the regulations is chargeable in respect of the processing of every garnishee summons served on the Minister.

Marginal note:Chargeable against judgment debtor

 Subject to any regulations respecting the remittance thereof, the fee referred to in section 58 is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by deduction or set-off against any garnishable moneys payable to the judgment debtor.

Marginal note:Restriction

 The fee referred to in section 58 may not be recovered out of any garnishable moneys to be used to honour a garnishee summons.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) designating Acts of Parliament, provisions thereof and programs thereunder for the purposes of the definition garnishable moneys;

  • (a.1) prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament or provision thereof or program thereunder by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of support orders and support provisions;

  • (b) prescribing the form of the application referred to in paragraph 28(c);

  • (c) prescribing the period of time before which Her Majesty becomes bound by the service of the documents referred to in section 28;

  • (d) specifying the place where service of documents on the Minister must be effected in connection with garnishment proceedings permitted under this Part;

  • (e) prescribing the methods in which service of documents in connection with garnishment proceedings permitted under this Part may be effected on the Minister;

  • (f) respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I;

  • (g) prescribing the time within which and the methods by which the Minister must respond to garnishee summonses;

  • (h) prescribing the form of the notification referred to in section 45 and the time within which and the manner in which it must be sent;

  • (i) prescribing a fee in respect of the processing of garnishee summonses and the manner of collecting the fee;

  • (j) respecting the remission, in whole or in part, of the fee referred to in section 58; and

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

  • R.S., 1985, c. 4 (2nd Supp.), s. 61;
  • 1993, c. 8, s. 18.
 
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