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

Act current to 2012-05-02 and last amended on 2007-07-09. Previous Versions

Marginal note:Where diversion is less than $10 per month

43. Where periodic diversion payments under this Part are less than ten dollars per month, the Minister may direct that they be paid in arrears, in equal instalments, either quarterly, semi-annually or annually.

  • 1980-81-82-83, c. 100, s. 33.
Marginal note:Death of recipient

44. Periodic diversion payments shall terminate at the end of the month in which the recipient dies.

  • 1980-81-82-83, c. 100, s. 34.
Marginal note:Offence

45. Every person who makes a false or misleading representation to the Minister in any application or other proceeding under this Part is guilty of an offence punishable on summary conviction.

  • 1980-81-82-83, c. 100, s. 35.
Marginal note:Regulations

46. The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) respecting the making of applications by one person on behalf of another, and respecting the payment of diverted amounts to one person for the benefit of another;

  • (b) respecting the amount or amounts to be diverted from a recipient’s net pension benefit and the procedure to be followed in any situation not dealt with in sections 36 to 40;

  • (b.1) respecting the provision of information for the purposes of section 35.3;

  • (c) respecting the grounds for, and the procedure relating to applications for, variations in the amount being diverted or for termination of a diversion;

  • (d) prescribing anything that by this Part is to be prescribed; and

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

  • R.S., 1985, c. G-2, s. 46;
  • 1997, c. 1, s. 39.
Marginal note:Information to be made available to the public

47. The Minister shall cause information on the manner of applying for a diversion under this Part to be made available throughout Canada in such a manner that the public will have reasonable access thereto.

  • 1980-81-82-83, c. 100, s. 37.