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

Act current to 2017-10-13 and last amended on 2017-09-21. Previous Versions

 [Repealed, 1997, c. 1, s. 30]

Marginal note:Moneys bound by service of garnishee summons

 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid 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 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) 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 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.

  • R.S., 1985, c. G-2, s. 21;
  • 1997, c. 1, s. 30;
  • 2004, c. 7, s. 13;
  • 2006, c. 9, s. 13;
  • 2015, c. 36, s. 131;
  • 2017, c. 20, s. 166.
Marginal note:Time period to respond to 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 has the following time period within which to respond to a garnishee summons:

  • (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

  • (b) in the case of remuneration described in paragraph 17(b), fifteen days, or such lesser number of days as is prescribed, after the day on which the remuneration is garnisheed.

  • R.S., 1985, c. G-2, s. 22;
  • 1997, c. 1, s. 30;
  • 2004, c. 7, s. 14;
  • 2006, c. 9, s. 14;
  • 2015, c. 36, s. 132;
  • 2017, c. 20, s. 167.
Marginal note:Method of response
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. G-2, s. 23;
  • 1997, c. 1, s. 31;
  • 2004, c. 7, s. 15;
  • 2006, c. 9, s. 15;
  • 2015, c. 36, s. 133;
  • 2017, c. 20, s. 168.
Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations

  • (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;

  • (b) deeming, for the purposes of the definition salary in section 16, any amount to be or to have been excluded from a person’s salary; and

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

  • R.S., 1985, c. G-2, s. 24;
  • 2004, c. 7, s. 16;
  • 2006, c. 9, s. 16;
  • 2015, c. 36, s. 134;
  • 2017, c. 20, s. 169.
Marginal note:Information to be made available to public

 The Speaker of the Senate and the Speaker of the House of Commons 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. 171, s. 5.
Marginal note:No execution

 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.

  • R.S., 1985, c. G-2, s. 26;
  • 2004, c. 7, s. 17;
  • 2006, c. 9, s. 17;
  • 2015, c. 36, s. 135;
  • 2017, c. 20, s. 170.

DIVISION VGeneral

Marginal note:Inconsistency between federal and provincial law

 In the event of any inconsistency between this Part, any other Act of Parliament or a regulation made under this Part or under any other Act of Parliament, and the provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency.

  • 1980-81-82-83, c. 100, s. 17.
Marginal note:No execution against Her Majesty

 No execution shall issue on a judgment given against Her Majesty in garnishment proceedings permitted by this Part.

  • 1980-81-82-83, c. 100, s. 18.
Marginal note:Regulations

 The Governor in Council may,

  • (a) on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of Divisions I, II and III; and

  • (b) on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations generally for carrying out the purposes and provisions of Division IV.

  • 1980-81-82-83, c. 100, s. 19, c. 171, s. 7.
Marginal note:Prohibition

 No employee may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken with respect to him.

  • 1980-81-82-83, c. 100, s. 20.
 
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