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

Act current to 2016-11-21 and last amended on 2015-06-23. Previous Versions

Marginal note:Method of response to garnishee summons
  •  (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by registered mail or by any other method prescribed.

  • Marginal note:Where response is by registered mail

    (2) Where Her Majesty 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 Her Majesty has responded to the garnishee summons.

  • Marginal note:Effect of payment into court

    (3) A payment into court by Her Majesty under this section is a good and sufficient discharge of liability, to the extent of the payment.

  • Marginal note:Recovery of overpayment to debtor

    (4) Where, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess becomes a debt due to Her Majesty 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.

  • R.S., 1985, c. G-2, s. 11;
  • 1997, c. 1, s. 28.
Marginal note:Regulations

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

  • (a) specifying the place where service of documents on Her Majesty must be effected in connection with garnishment proceedings permitted by this Division;

  • (b) deeming, for the purposes of the definition salary in section 4, any amount to be or to have been excluded from a person’s salary;

  • (c) prescribing Crown corporations for the purposes of this Division; and

  • (d) prescribing any other matters that are by this Division to be prescribed.

  • 1980-81-82-83, c. 100, s. 12.
Marginal note:Information to be made available to public

 The Minister shall cause information on the manner of commencing garnishment proceedings permitted by this Division 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. 13.

DIVISION IICrown Corporations not Covered by Division I

Marginal note:Crown corporations
  •  (1) Subject to subsection (2), in respect of moneys payable by Crown corporations not prescribed under paragraph 12(c) for the purposes of Division I, Her Majesty is bound by provincial garnishment law.

  • Marginal note:Idem

    (2) In respect of Crown corporations to which subsection (1) applies that are prescribed under subsection (3) for the purposes of this subsection, Her Majesty is not bound by provincial garnishment law in relation to a “pension benefit” as defined in Part II.

  • Marginal note:Regulations

    (3) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing Crown corporations for the purposes of subsection (2).

  • 1980-81-82-83, c. 100, s. 14.

DIVISION IIICanadian Forces

Marginal note:Canadian Forces

 In respect of pay and allowances payable to members of the Canadian Forces, Her Majesty is bound by provincial garnishment law to the extent, in the manner, and subject to the terms and conditions that may be provided by or under regulations made by the Governor in Council pursuant to the National Defence Act.

  • 1980-81-82-83, c. 100, s. 16.

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

Marginal note:Definitions

 In this Division,

garnishee summons

bref de saisie-arrêt

garnishee summons includes any document or court order of like import; (bref de saisie-arrêt)

pay period

période de paye

pay period means, in respect of any particular person, the period commencing on the day following the day that that person’s salary cheque is normally dated and ending on the day that his next salary cheque is normally dated; (période de paye)

prescribed

prescrit ou réglementaire

prescribed means prescribed by regulations made under this Division; (prescrit ou réglementaire)

salary

traitement

salary means

  • (a) in the case of a member of the Senate or House of Commons, all moneys payable under the Parliament of Canada Act, the Salaries Act and any appropriation Act, other than moneys not included in computing the member’s income for the purposes of Part I of the Income Tax Act, or

  • (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 or Parliamentary Protective Service 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 or Parliamentary Protective Service,

    • (i) the basic pay payable to a person for the performance of the regular duties of a position or office, and

    • (ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity,

excluding any amount deemed to be or to have been excluded from that person’s salary pursuant to regulations made under paragraph 24(b). (traitement)

  • R.S., 1985, c. G-2, s. 16;
  • 2004, c. 7, s. 10;
  • 2006, c. 9, s. 10;
  • 2015, c. 36, s. 127.
Marginal note:Garnishment of salaries, remuneration

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

  • (a) salaries; and

  • (b) remuneration to persons, excluding corporations, 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.

  • R.S., 1985, c. G-2, s. 17;
  • 2004, c. 7, s. 11;
  • 2006, c. 9, s. 11;
  • 2015, c. 36, s. 128.
Marginal note:Service binding
  •  (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 or Parliamentary Protective Service 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 or Parliamentary Protective Service, as the case may be, 15 days after the day on which those documents are served.

  • Marginal note: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 or Parliamentary Protective Service 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 or Parliamentary Protective Service, 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 or Parliamentary Protective Service, as the case may be.

  • R.S., 1985, c. G-2, s. 18;
  • 1997, c. 1, s. 29;
  • 2004, c. 7, s. 12;
  • 2006, c. 9, s. 12;
  • 2015, c. 36, s. 129.
Marginal note:Place of service
  •  (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 or Parliamentary Protective Service in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

  • Marginal note: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 or Parliamentary Protective Service under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

  • Marginal note: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 or Parliamentary Protective Service 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 or Parliamentary Protective Service, as the case may be.

  • R.S., 1985, c. G-2, s. 19;
  • 2004, c. 7, s. 12;
  • 2006, c. 9, s. 12;
  • 2015, c. 36, s. 130.
 
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