Garnishment and Attachment Regulations (SOR/83-212)

Regulations are current to 2017-10-13 and last amended on 2017-03-24. Previous Versions

Garnishment and Attachment Regulations

SOR/83-212

GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT

Registration 1983-03-04

Regulations Respecting Garnishment and Attachment Proceedings

P.C. 1983-658 1983-03-03

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 9, 12, 14, and 19 of the Garnishment, Attachment and Pension Diversion ActFootnote *, is pleased hereby to make the annexed Regulations respecting garnishment and attachment proceedings.

Short Title

 These Regulations may be cited as the Garnishment and Attachment Regulations.

Interpretation

 In these Regulations,

Act

Act means the Garnishment, Attachment and Pension Diversion Act. (Loi)

debtor

debtor[Repealed, SOR/97-176, s. 1]

provincial enforcement service

provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act. (autorité provinciale)

  • SOR/97-176, s. 1;
  • SOR/2015-22, s. 1.

Information to Be Contained in a Garnishment Application

 An application referred to in subsection 6(1) or 18(1) of the Act shall be in the form set out in the schedule.

  • SOR/84-47, s. 1;
  • SOR/97-176, s. 2.

Service of Documents

  •  (1) Subject to subsections (2) and (3), service of documents on Her Majesty in connection with garnishment proceedings permitted by Division I of Part I of the Act must be effected at the following places:

    • (a) if the garnishee summons is issued in Newfoundland and Labrador,

      • Garnishment Registry
      • Department of Justice

      284 Wellington Street

      Ottawa, Ontario K1A 0H8;

    • (b) if the garnishee summons is issued in Prince Edward Island,

      • Garnishment Registry
      • Department of Justice
      • Legal Services Unit
      • 161 Grafton Street
      • Internal Box 014
      • Charlottetown, Prince Edward Island C1A 8M9;
    • (c) if the garnishee summons is issued in Nova Scotia,

      • Garnishment Registry
      • Department of Justice
      • Atlantic Regional Office
      • Suite 1400, Duke Tower
      • 5251 Duke Street
      • Halifax, Nova Scotia B3J 1P3;
    • (d) if the garnishee summons is issued in New Brunswick,

      • Garnishment Registry
      • Department of Justice
      • 284 Wellington Street
      • Ottawa, Ontario K1A 0H8;
    • (e) subject to paragraph (f), if the garnishee summons is issued in Quebec,

      • Garnishment Registry
      • Department of Justice
      • Quebec Regional Office — Montréal
      • East Tower, 9th Floor
      • 200 René-Lévesque Boulevard West
      • Montréal, Quebec H2Z 1X4;
    • (f) if the garnishee summons is issued in Quebec, either in the National Capital Region described in the schedule to the National Capital Act or by the provincial enforcement service in relation to an order or judgment made in the National Capital Region or outside Quebec for the payment of maintenance, alimony or support,

      • Garnishment Registry
      • Department of Justice
      • 284 Wellington Street
      • Ottawa, Ontario K1A 0H8;
    • (g) subject to paragraph (h), if the garnishee summons is issued in Ontario,

      • Garnishment Registry
      • Department of Justice
      • Ontario Regional Office
      • 2 First Canadian Place
      • P.O. Box 36
      • Toronto, Ontario M5X 1K6;
    • (h) if the garnishee summons is issued in Ontario, either in the Northwest Region, Northeast Region, East Region or Central East Region prescribed under the Courts of Justice Act, R.S.O. 1990, c. C.43, or by the provincial enforcement service in relation to an order or judgment made in one of those regions or outside Ontario for the payment of maintenance, alimony or support,

      • Garnishment Registry
      • Department of Justice
      • 284 Wellington Street
      • Ottawa, Ontario K1A 0H8;
    • (i) if the garnishee summons is issued in Manitoba,

      • Garnishment Registry
      • Department of Justice
      • Prairie Region — Winnipeg Office
      • Suite 301, Centennial House
      • 310 Broadway Avenue
      • Winnipeg, Manitoba R3C 0S6;
    • (j) if the garnishee summons is issued in Saskatchewan,

      • Garnishment Registry
      • Department of Justice
      • Prairie Region — Saskatoon Office
      • Scotia Centre, 10th Floor
      • 123 2nd Avenue South
      • Saskatoon, Saskatchewan S7K 7E6;
    • (k) if the garnishee summons is issued in Alberta,

      • Garnishment Registry
      • Department of Justice
      • Prairie Region — Edmonton Office
      • Suite 300, EPCOR Tower
      • 10423-101 Street
      • Edmonton, Alberta T5H 0E7;
    • (l) if the garnishee summons is issued in British Columbia,

      • Garnishment Registry
      • Department of Justice
      • British Columbia Regional Office
      • Suite 900
      • 840 Howe Street
      • Vancouver, British Columbia V6Z 2S9;
    • (m) if the garnishee summons is issued in the Northwest Territories,

      • Garnishment Registry
      • Department of Justice
      • Northern Region — Northwest Territories Office
      • Nova Plaza, 2nd Floor
      • 5019 52nd Street
      • P.O. Box 2052
      • Yellowknife, Northwest Territories X1A 2P5;
    • (n) if the garnishee summons is issued in Yukon,

      • Garnishment Registry
      • Department of Justice
      • Northern Region — Yukon Office
      • Suite 310, Elijah Smith Building
      • 300 Main Street
      • Whitehorse, Yukon Y1A 2B5; and
    • (o) if the garnishee summons is issued in Nunavut,

      • Garnishment Registry
      • Department of Justice
      • Northern Region — Northwest Territories Office
      • Nova Plaza, 2nd Floor
      • 5019 52nd Street
      • P.O. Box 2052
      • Yellowknife, Northwest Territories X1A 2P5.
  • (2) If the garnishment proceedings are in respect of a debtor who receives salary or remuneration from the Department of Justice, the Public Prosecution Service of Canada or a court, is a judge or prothonotary to whom the Judges Act applies or is a person appointed by a Minister under section 128 of the Public Service Employment Act, service of documents must be effected at the following place:

    • Garnishment Registry
    • Department of Justice
    • 284 Wellington Street
    • Ottawa, Ontario K1A 0H8.
  • (3) If the garnishment proceedings are in respect of a debtor who receives salary or remuneration from a Crown corporation listed in section 6, service of documents must be effected at the head office of the corporation.

  • SOR/84-47, s. 2;
  • SOR/97-176, s. 3;
  • SOR/2002-278, s. 5;
  • SOR/2008-191, s. 1;
  • SOR/2015-22, s. 2;
  • SOR/2017-48, s. 1.
 
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