Garnishment and Attachment Regulations (SOR/83-212)

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

 Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service in connection with garnishment proceedings permitted by Division IV of Part I of the Act must be effected at the following places:

  • (a) in the case of the Senate,

    • Garnishment Registry
    • Senate
    • Office of the Law Clerk and Parliamentary Counsel
    • Parliament Buildings
    • Ottawa, Ontario K1A 0A4;
  • (b) in the case of the House of Commons,

    • Garnishment Registry
    • House of Commons
    • Office of the Law Clerk and Parliamentary Counsel
    • Room 7-02
    • 131 Queen Street
    • Ottawa, Ontario K1A 0A6;
  • (c) in the case of the Library of Parliament,

    • Garnishment Registry
    • Library of Parliament
    • Ottawa, Ontario K1A 0A9;
  • (d) in the case of the office of the Senate Ethics Officer,

    • Garnishment Registry
    • Office of the Senate Ethics Officer
    • Room 526
    • 90 Sparks Street
    • Ottawa, Ontario K1P 5B4;
  • (e) in the case of the office of the Conflict of Interest and Ethics Commissioner,

    • Garnishment Registry
    • Office of the Conflict of Interest and Ethics Commissioner
    • Parliament of Canada
    • Centre Block
    • P.O. Box 16
    • Ottawa, Ontario K1A 0A6; and
  • (f) in the case of the Parliamentary Protective Service,

    • Garnishment Registry
    • Parliamentary Protective Service
    • Office of the Chief Legal Counsel
    • Parliament Buildings
    • Ottawa, Ontario K1A 0A6.
  • SOR/84-47, s. 3;
  • SOR/97-176, s. 4;
  • SOR/2002-278, s. 6;
  • SOR/2005-53, s. 1;
  • SOR/2008-191, s. 2;
  • SOR/2015-22, s. 2;
  • SOR/2017-48, s. 2.

 Service in accordance with sections 4 and 4.1 by a provincial enforcement service may be effected by any electronic means by which the recipient is capable of receiving the documents in a usable format.

  • SOR/2015-22, s. 2.

Method of Response

 Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service may respond to a garnishee summons by notice indicating

  • (a) the debtor’s name;

  • (b) the file reference number assigned by the issuer of the garnishee summons;

  • (c) the amount being garnished, if any; and

  • (d) if applicable, the date on which garnishment was or will be interrupted or terminated and the reason for the interruption or termination.

  • SOR/2015-22, s. 2;
  • SOR/2017-48, s. 3.

 The garnishee summons may be responded to by any electronic means by which its issuer is capable of receiving the response in a usable format.

  • SOR/2015-22, s. 2.

Exclusions from Salary

 For the purposes of the definition salary in sections 4 and 16 of the Act, the following amounts are deemed to be or to have been excluded from a person’s salary:

  • (a) any contribution or payment required by law to be made out of the moneys payable to the person, including,

    • (i) Canada Pension Plan and Quebec Pension Plan contributions,

    • (ii) contributions required to be made pursuant to any Act listed in the schedule to the Act,

    • (iii) employment insurance contributions,

    • (iv) income tax payments, and

    • (v) federal and provincial statutory tax deductions;

  • (b) any amount that is a compulsory premium payment deducted from the moneys payable to the person for purposes of insurance or health care including,

    • (i) payments for a provincial medical care or hospital insurance plan,

    • (ii) payments for the Public Service Health Care Plan, where the person is employed outside Canada, and

    • (iii) payments for disability insurance under the Disability Insurance Plan or the Public Service Management Insurance Plan except where such payment is part of union membership dues or fees;

  • (c) any amount deducted pursuant to an Act of the Parliament of Canada other than Part I of the Act;

  • (d) any amount payable to the person as a remuneration supplement in respect of costs of a provincial medical care or hospital insurance plan;

  • (e) any amount deducted as union membership dues or fees but not including any other amount deducted and payable to a union; and

  • (f) any amount that is intended as a reimbursement to the person for special costs incurred by the person in the course of duties and for which the person can produce an invoice or receipt, including,

    • (i) a payment to a Royal Canadian Mounted Police member, to help defray the cost of upkeep and replacement of articles of uniform,

    • (ii) a payment to a Royal Canadian Mounted Police member, whose duties require that member to wear civilian clothing, to help defray the cost of upkeep and replacement of articles of that clothing,

    • (iii) a reimbursement for the cost of boots or gloves required to be worn at work where the person is a supervisory letter carrier, a part-time letter carrier or a mail dispatcher,

    • (iv) a payment to furnish canoes or boats or camping equipment where the person is employed as a fisheries warden or fishery guardian,

    • (v) an allowance paid to a pasture manager or a pasture rider in compensation for the use of that person’s horse,

    • (vi) a reimbursement for the loss of clothing or personal property in a marine disaster or shipwreck,

    • (vii) a reimbursement of costs incurred by an air traffic controller in obtaining the annual medical examination required to maintain a valid air traffic control licence,

    • (viii) a reimbursement of the membership fees paid to an association or institution, where membership in the association or institution is in the interests of the department on behalf of which or the Crown corporation, Senate, House of Commons or Library of Parliament on behalf of which or by which salary or remuneration is payable to the person,

    • (ix) a payment of a foreign service premium, a post-differential allowance or a salary equalization factor on being posted abroad or at an isolated post,

    • (x) a payment of a living cost differential allowance pursuant to the Isolated Posts Directive, and

    • (xi) a reimbursement for the cost of court clothing that the person is required to wear to carry out their duties.

  • SOR/84-47, s. 4;
  • SOR/88-316, s. 1;
  • SOR/97-176, s. 5;
  • SOR/2015-22, ss. 3, 12(F).

Crown Corporations — Division I of Part I

[SOR/2015-22, s. 12(F)]

 For the purposes of Division I of Part I of the Act, the following Crown corporations are prescribed:

  • (a) Canadian Dairy Commission;

  • (b) Telefilm Canada;

  • (c) [Repealed, SOR/2015-22, s. 4]

  • (d) [Repealed, SOR/84-47, s. 5]

  • (e) Royal Canadian Mint; and

  • (f) Canada Post Corporation.

  • SOR/84-47, s. 5;
  • 2002, c. 17, s. 15;
  • SOR/2015-22, ss. 4, 12(F).
 
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