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

Act current to 2014-08-05 and last amended on 2013-12-12. Previous Versions

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 [Repealed, 1993, c. 8, s. 17]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.