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

Act current to 2016-05-12 and last amended on 2015-06-23. 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; (débiteur)

garnishment

Version anglaise seulement

garnishment includes attachment; (Version anglaise seulement)

Her Majesty

Sa Majesté

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

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; (ministre)

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. (droit provincial en matière de saisie-arrêt)

  • 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; (ministère)

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 judge or prothonotary 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). (traitement)

  • R.S., 1985, c. G-2, s. 4;
  • 1992, c. 1, s. 141;
  • 2014, c. 39, s. 331.
Marginal note:Garnishment of salaries, remuneration

 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 and prothonotaries 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.

  • R.S., 1985, c. G-2, s. 5;
  • 2014, c. 39, s. 332.
Marginal note:Service binds Her Majesty
  •  (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
  •  (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

 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.

 [Repealed, 1997, c. 1, s. 26]

Marginal note:Time period for Her Majesty’s response to a garnishee summons

 Her Majesty has the following time period within which to respond to a garnishee summons:

  • (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which Her Majesty is bound by the garnishee summons; or

  • (b) in the case of remuneration described in paragraph 5(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. 10;
  • 1997, c. 1, s. 27.
 
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