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

Act current to 2014-10-27 and last amended on 2013-01-01. Previous Versions

Garnishment, Attachment and Pension Diversion Act

R.S.C., 1985, c. G-2

An Act to provide for the garnishment or attachment of Her Majesty in right of Canada and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Garnishment, Attachment and Pension Diversion Act.

  • 1980-81-82-83, c. 100, s. 1.

PART IGARNISHMENT AND ATTACHMENT PROCEEDINGS

Interpretation

Marginal note:Definitions

 In this Part,

“debtor”

« débiteur »

“debtor”, in respect of a garnishee summons, means the person whose salary or remuneration is sought to be garnisheed;

“garnishment”

Version anglaise seulement

“garnishment” includes attachment;

“Her Majesty”

« Sa Majesté »

“Her Majesty” means Her Majesty in right of Canada;

“Minister”

« ministre »

“Minister”, in relation to any provision of this Part, 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;

“provincial garnishment law”

« droit provincial en matière de saisie-arrêt »

“provincial garnishment law” means the law of general application of a province relating to garnishment that is in force at the time in question.

  • R.S., 1985, c. G-2, s. 2;
  • 1997, c. 1, s. 24.

Garnishment of Her Majesty

Marginal note:Her Majesty in right of Canada may be garnisheed

 Notwithstanding any provision of any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may be garnisheed, subject to and in accordance with this Part and any regulation made thereunder.

  • 1980-81-82-83, c. 100, s. 3.

Division IDepartments and Certain Crown Corporations

Marginal note:Definitions

 In this Division,

“department”

« ministère »

“department” has the meaning assigned by paragraphs (a), (a.1), (b) and (d) of the definition “department” in section 2 of the Financial Administration Act;

“garnishee summons”

« bref de saisie-arrêt »

“garnishee summons” includes any document or court order of like import;

“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;

“prescribed”

« prescrit » ou « réglementaire »

“prescribed” means prescribed by regulations made under this Division;

“salary”

« traitement »

“salary” means

  • (a) in the case of a judge to whom the Judges Act applies, the salary payable under that Act, or

  • (b) in the case of any other person,

    • (i) the basic pay payable to that 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 12(b).

  • R.S., 1985, c. G-2, s. 4;
  • 1992, c. 1, s. 141.