Garnishment, Attachment and Pension Diversion Act (R.S.C., 1985, c. G-2)

Act current to 2017-09-27 and last amended on 2015-06-23. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2017, c. 20, s. 161

    • 161 The heading of Division IV of Part 1 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

      Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and Office of the Parliamentary Budget Officer

  • — 2017, c. 20, s. 162

    • 162 The portion of paragraph (b) of the definition salary in section 16 of the Act before subparagraph (i) is replaced by the following:

      • (b) in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer,

  • — 2017, c. 20, s. 163

    • 163 The portion of section 17 of the Act before paragraph (a) is replaced by the following:

      • Garnishment of salaries, remuneration

        17 The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of

  • — 2017, c. 20, s. 164

      • 164 (1) Subsection 18(1) of the Act is replaced by the following:

        • Service binding
          • 18 (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, 15 days after the day on which those documents are served.

      • (2) Subsection 18(2) of the English version of the Act is replaced by the following:

        • When service is effective

          (2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, in the first 30 days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be.

  • — 2017, c. 20, s. 165

      • 165 (1) Subsection 19(1) of the Act is replaced by the following:

        • Place of service
          • 19 (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

      • (2) Subsection 19(2) of the English version of the Act is replaced by the following:

        • Method of service

          (2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Office, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

      • (3) Subsection 19(3) of the Act is replaced by the following:

        • If service by registered mail

          (3) If service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be.

  • — 2017, c. 20, s. 166

      • 166 (1) The portion of section 21 of the French version of the Act before paragraph (a) is replaced by the following:

        • Sommes frappées d’indisponibilité par la signification du bref de saisie-arrêt

          21 Pour les besoins de toute procédure de saisie-arrêt prévue par la présente section, la signification au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique, au bureau du commissaire aux conflits d’intérêts et à l’éthique, au Service de protection parlementaire ou au bureau du directeur parlementaire du budget du bref de saisie-arrêt frappe d’indisponibilité les sommes suivantes dont l’un ou l’autre est redevable envers le débiteur mentionné dans le bref :

      • (2) Subparagraph 21(a)(i) of the English version of the Act is replaced by the following:

        • (i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons, and

      • (3) Paragraph 21(b) of the English version of the Act is replaced by the following:

        • (b) in the case of remuneration described in paragraph 17(b),

          • (i) the remuneration payable on the 15th day following the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons, and

          • (ii) either

            • (A) any remuneration becoming payable in the 30 days following the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or

            • (B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons.

  • — 2017, c. 20, s. 167

      • 167 (1) The portion of section 22 of the Act before paragraph (a) is replaced by the following:

        • Time period to respond to garnishee summons

          22 The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer has the following time period within which to respond to a garnishee summons:

      • (2) Paragraph 22(a) of the English version of the Act is replaced by the following:

        • (a) in the case of a salary, 15 days, or any lesser number of days that is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer is bound by the garnishee summons; or

  • — 2017, c. 20, s. 168

      • 168 (1) Subsection 23(1) of the Act is replaced by the following:

        • Method of response
          • 23 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer may respond to a garnishee summons by registered mail or by any other method prescribed.

      • (2) Subsection 23(2) of the English version of the Act is replaced by the following:

        • Response by registered mail

          (2) If the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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 Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, has responded to the garnishee summons.

      • (3) Subsections 23(3) and (4) of the Act are replaced by the following:

        • Effect of payment into court

          (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer under this section is a good and sufficient discharge of liability, to the extent of the payment.

        • Recovery of overpayment to debtor

          (4) If, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

  • — 2017, c. 20, s. 169

    • 169 Paragraph 24(a) of the Act is replaced by the following:

      • (a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer must be effected in connection with garnishment proceedings permitted by this Division;

  • — 2017, c. 20, s. 170

    • 170 Section 26 of the Act is replaced by the following:

      • No execution

        26 No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer in garnishment proceedings permitted by this Part.

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