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

Act current to 2013-04-29 and last amended on 2013-01-01. Previous Versions

Marginal note:Garnishment of salaries, remuneration

5. Her Majesty is, subject to this Division and any regulation made thereunder, bound by provincial garnishment law in respect of

  • (a) salaries, and

  • (b) remuneration as fees, honoraria or other payments of like import, in respect of any office or position or in respect of the performance of any services

payable to judges to whom the Judges Act applies, or payable to any other person, excluding corporations, on behalf of a department or by a Crown corporation prescribed under paragraph 12(c) for the purposes of this Division.

  • 1980-81-82-83, c. 100, s. 5, c. 171, s. 3.
Marginal note:Service binds Her Majesty

  • 6. (1) Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds Her Majesty fifteen days after the day on which those documents are served.

  • Marginal note:When service is effective

    (2) A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first thirty days following the first day on which it could have been validly served on Her Majesty.

  • R.S., 1985, c. G-2, s. 6;
  • 1997, c. 1, s. 25.
Marginal note:Where documents must be served on Her Majesty

  • 7. (1) Service of documents on Her Majesty in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

  • Marginal note:Method of service on Her Majesty

    (2) In addition to any method of service permitted by the law of a province, service of documents on Her Majesty under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

  • Marginal note:Where service by registered mail

    (3) Where service of a document on Her Majesty is effected by registered mail, the document shall be deemed to be served on the day of its receipt by Her Majesty.

  • 1980-81-82-83, c. 100, s. 7.
Marginal note:Moneys bound by service of garnishee summons

8. For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons binds Her Majesty in respect of the following money to be paid by Her Majesty to the debtor named in the garnishee summons:

  • (a) in the case of a salary,

    • (i) the salary to be paid on the last day of the second pay period next following the pay period in which Her Majesty is bound by the garnishee summons, and

    • (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

  • (b) in the case of remuneration described in paragraph 5(b),

    • (i) the remuneration payable, in respect of the department or Crown corporation named in the application referred to in section 6, on the fifteenth day following the day on which Her Majesty is bound by the garnishee summons, and

    • (ii) either

      • (A) any remuneration becoming payable in respect of that department or Crown corporation in the thirty days following the fifteenth day after the day on which Her Majesty is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

      • (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable in respect of that department or Crown corporation subsequent to the fifteenth day after the day on which Her Majesty is bound by the garnishee summons.

  • R.S., 1985, c. G-2, s. 8;
  • 1997, c. 1, s. 26.