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

25. 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

26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner 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.
Previous Version

Division V

General

Marginal note:Inconsistency between federal and provincial law

27. 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

28. 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

29. 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

30. 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.

PART II

DIVERSION OF PENSION BENEFITS TO SATISFY FINANCIAL SUPPORT ORDERS

Application of Part

Marginal note:Application of Part

31. 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.