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

Act current to 2013-04-29 and last amended on 2013-01-01. Previous Versions

Marginal note:Information to be made available to public

13. 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 II

Crown Corporations not Covered by Division I

Marginal note:Crown corporations

  • 14. (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 III

Canadian Forces

Marginal note:Canadian Forces

15. 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 IV

Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer and Office of the Conflict of Interest and Ethics Commissioner

Marginal note:Definitions

16. In this Division,

“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 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 or office of the Conflict of Interest and Ethics Commissioner 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 or office of the Conflict of Interest and Ethics Commissioner,

    • (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).

  • R.S., 1985, c. G-2, s. 16;
  • 2004, c. 7, s. 10;
  • 2006, c. 9, s. 10.
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