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

PART IIDiversion of Pension Benefits to Satisfy Financial Support Orders

Application of Part

Marginal note:Application of Part

 This Part applies only in respect of the enforcement of financial support orders against pension benefits payable pursuant to the superannuation Acts and like enactments referred to in the schedule.

  • 1980-81-82-83, c. 100, s. 21.

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    applicant

    requérant

    applicant means a person by or on behalf of whom an application is made to the Minister for a diversion of a pension benefit under this Part; (requérant)

    application

    requête

    application means, except in subsection 35.1(2), sections 35.3 and 35.4, subsection 41(2) and paragraph 46(c), a request in writing to the Minister for a diversion of a pension benefit under this Part, containing the prescribed information, accompanied by a certified copy of the financial support order on which the application is based and any prescribed additional documentation; (requête)

    financial support order

    ordonnance de soutien financier

    financial support order means, subject to subsection (2), an order or judgment for maintenance, alimony or support, including an order or judgment for arrears of payments, made pursuant to the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, or the Divorce Act or pursuant to the laws of a province relating to family financial support or the enforcement of family financial support; (ordonnance de soutien financier)

    Minister

    ministre

    Minister, in relation to any provision of this Part and items 12 and 16 of the schedule, means the member or members of the Queen’s Privy Council for Canada designated by the Governor in Council as the Minister or Ministers for the purposes of that provision or those items; (ministre)

    net pension benefit

    prestation nette de pension

    net pension benefit means a pension benefit minus the prescribed deductions; (prestation nette de pension)

    pension benefit

    prestation de pension

    pension benefit means any

    • (a) pension,

    • (b) annual allowance,

    • (c) annuity,

    • (d) lump sum return of pension contributions, including interest, if any,

    • (e) gratuity,

    • (f) cash termination allowance,

    • (g) withdrawal allowance, including interest, if any, or

    • (h) transfer value

    payable pursuant to an enactment referred to in the schedule, and includes any benefit payable under the Supplementary Retirement Benefits Act or the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970, in respect of that pension, annual allowance or annuity; (prestation de pension)

    prescribed

    prescrit ou réglementaire

    prescribed means prescribed by regulation made under this Part; (prescrit ou réglementaire)

    recipient

    prestataire

    recipient means

    • (a) in respect of a pension benefit referred to in any of paragraphs (a) to (g) of the definition pension benefit, a child or other person to whom the pension benefit is immediately payable, but does not include a child or other person whose entitlement to the pension benefit is based on his or her status as a survivor of the person who was originally entitled to the pension benefit or would have been entitled to it had death not intervened, or

    • (b) in respect of a pension benefit referred to in paragraph (h) of the definition pension benefit, a person who is entitled to the pension benefit. (prestataire)

  • Marginal note:Financial support order

    (2) For the purposes of this Part, the Minister shall disregard a component of a financial support order the dollar value of which cannot be readily ascertained from the financial support order itself or from the Minister’s records relating to the recipient’s pension benefit.

  • Marginal note:Interpretation of the provincial law

    (3) With respect to the expression “the law of that province” in paragraphs 36(c) and (e), where the law of the province refers to the percentage or the maximum percentage of a pension that is to be or may be garnisheed, attached or diverted, the reference to “pension”, or equivalent expression, in the law of the province shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section.

  • Marginal note:Interpretation of financial support orders

    (4) Where a financial support order is expressed in terms of a percentage of a recipient’s pension, the reference to “pension”, or equivalent expression, in the financial support order shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section.

  • R.S., 1985, c. G-2, s. 32;
  • R.S., 1985, c. 3 (2nd Supp.), s. 29;
  • 1997, c. 1, s. 32;
  • 2000, c. 12, s. 120.

Conditions for Diversion of Pension Benefits

Marginal note:Application for diversion
  •  (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.

  • R.S., 1985, c. G-2, s. 33;
  • 2000, c. 12, s. 121.
Marginal note:Minister to notify recipient where a diversion is to be made
  •  (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.

  • 1980-81-82-83, c. 100, s. 24.
Marginal note:Conditions for diversion of pension benefits

 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.

  • R.S., 1985, c. G-2, s. 35;
  • 1997, c. 1, s. 33.
 
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