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

Marginal note:Application for diversion

• 33. (1) Subject to this Part and the regulations, where

  • (a) any court in Canada of competent jurisdiction has, either before or after January 1, 1984,

    • (i) made a financial support order requiring a person to pay an amount to a child or other person, or

    • (ii) made an order permitting the enforcement of a financial support order described in subparagraph (i),

    and the order referred to in subparagraph (i) or (ii) is valid and subsisting, and

  • (b) the person against whom the financial support order has been made is a recipient,

  a person named in the financial support order may make an application to the Minister for diversion of a pension benefit payable to the recipient.

• Marginal note:Idem

  (2) An application may be made by a person on behalf of another person in accordance with regulations made under paragraph 46(a).

• Marginal note:Diversion of pension benefits

  (3) When an application made under this section has been duly completed, the Minister shall, not later than the first day of the fourth month following the month in which the application was duly completed, divert an amount or amounts computed in accordance with sections 36 to 40 and the regulations from any net pension benefit that is payable to the recipient named in the application, and any amount so diverted shall be paid, subject to subsection (4), to the applicant or to such other person as is designated in the financial support order.

• Marginal note:Where applicant under 18 years of age

  (4) Where, pursuant to this section, a diverted amount is to be paid to an applicant who is under eighteen years of age, payment thereof shall instead be made to the person having the custody and control of that applicant or, where there is no person having custody and control of that applicant, to such person as the Minister may direct.

Marginal note:Minister to notify recipient where a diversion is to be made

• 34. (1) Forthwith after receiving a duly completed application, the Minister shall cause a written notification, containing the prescribed information, to be sent in prescribed manner to the recipient named in the application, at the recipient’s latest known address, advising that an application for diversion of the recipient’s pension benefit has been received and that a diversion will be made in accordance with this Part.

• Marginal note:Recipient deemed to have received notification

  (2) The notification required under subsection (1) shall be deemed to have been received by the recipient one month after it has been sent to the recipient.

Marginal note:Conditions for diversion of pension benefits

35. No diversion of pension benefits under this Part shall be made unless the amount to be diverted is at least

• (a) twenty-five dollars per annum, in the case of periodic diversion payments; or

• (b) twenty-five dollars, in the case of a lump sum diversion payment.