Garnishment, Attachment and Pension Diversion Act

Marginal note:Methods of response

• 11 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by any prescribed method.

• Marginal note:Where response is by registered mail

  (2) Where Her Majesty responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that Her Majesty has responded to the garnishee summons.

• Marginal note:Effect of payment into court

  (3) A payment into court by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.

• Marginal note:Effect of payment to provincial enforcement service

  (3.1) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.

• Marginal note:Recovery

  (4) If, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess is a debt due to Her Majesty by that debtor and may be recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as salary or remuneration.

• Marginal note:Recovery from party who instituted proceedings

  (5) If moneys are paid by Her Majesty to or for the benefit of a party who instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to Her Majesty by that party and may be recovered from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Division.