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

Act current to 2014-09-29 and last amended on 2013-12-12. Previous Versions

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  • (b[Repealed, 1997, c. 1, s. 21]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.