Family Support Orders and Agreements Garnishment Regulations
Regulations Respecting the Garnishment of Federal Moneys to Satisfy Support Orders and Support Provisions
P.C. 1988-473 1988-03-17
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 61 of the Family Orders and Agreements Enforcement Assistance ActFootnote *, is pleased hereby to make the annexed Regulations respecting the garnishment of federal moneys to satisfy support orders and support provisions, effective on the day Part II of the said Act comes into force.
Return to footnote *S.C. 1986, c. 5
1. These Regulations may be cited as the Family Support Orders and Agreements Garnishment Regulations.
2. In these Regulations, “Act” means the Family Orders and Agreements Enforcement Assistance Act. (Loi)
DESIGNATION FOR THE PURPOSES OF THE DEFINITION “GARNISHABLE MONEYS”
3. The following Acts, provisions thereof and programs thereunder are designated for the purposes of the definition “garnishable moneys” in section 23 of the Act:
(a) sections 164 and 216 of the Income Tax Act as they relate to the personal return of income of the taxpayer for a particular taxation year;
(a.1) section 54 and paragraph 55(c) of the Financial Administration Act as they relate to moneys payable at any time by the Bank of Canada on account of regular interest Canada Savings Bonds;
(b) and (c) [Repealed, SOR/97-179, s. 1]
(c.1) subsection 4(1) of the Western Grain Transition Payments Act in relation to payments made in respect of farmland that is owned by one person;
(d) section 9 of the Canadian Dairy Commission Act;
(e) section 5 of the National Training Act;
(f) the Unemployment Insurance Act, excluding the provisions relating to benefits paid on behalf of a beneficiary to a province or municipality;
(f.1) section 5 of the Atlantic Fisheries Restructuring Act, in relation to contributions to fishery enterprises in the nature of income support payments made to individuals;
(f.2) paragraph 2(b) of the Appropriation Act No. 2, 1994-95 in relation to grants to individuals to provide transitional income assistance and grants to individuals to enable those affected by the East Coast groundfish crisis to participate in labour market adjustment programming, which grants are made under The Atlantic Groundfish Strategy referred to in Human Resources Development Vote 10a set out in the Supplementary Estimates (A), 1994-95;
(g) the Canada Pension Plan, excluding the provisions relating to a benefit paid to a child of a disabled contributor under paragraph 44(1)(e) of that Act or to an orphan of a deceased contributor under paragraph 44(1)(f) of that Act and the provisions relating to amounts deducted from a benefit and paid to the government of a province when consented to in writing in accordance with subsection 65(2) of that Act; and
(h) sections 3, 11, 19 and 21 of the Old Age Security Act, excluding the provisions relating to amounts deducted from a benefit and paid to the government of a province when consented to in writing in accordance with subsection 36(2) of that Act.
- SOR/89-278, s. 1;
- SOR/89-417, s. 1;
- SOR/91-300, s. 1;
- SOR/93-414, s. 1;
- SOR/94-725, s. 1;
- SOR/94-759, s. 1;
- SOR/96-11, s. 1;
- SOR/97-179, s. 1;
- SOR/2002-278, s. 3.
ORDER OF PRIORITY FOR GARNISHMENT
4. (1) Where two or more garnishable moneys become payable under any Acts, or any provisions thereof or programs thereunder, referred to in any provisions of section 3 on the same day to the same judgment debtor, those moneys shall be garnisheed according to the order in which those provisions are set out in section 3.
(2) Subsection (1) does not apply to moneys that are already being garnisheed when additional garnishable moneys become payable to the judgment debtor and the moneys that are already being garnisheed shall continue to be garnisheed in priority to any other garnishable moneys.
- SOR/89-417, s. 2.
5. For the purposes of paragraph 28(c) of the Act, an application to garnishee shall be made by filling in the form set out in Schedule I.
- SOR/97-179, s. 2.
PERIOD DURING WHICH HER MAJESTY IS NOT BOUND
6. (1) Subject to subsection (2), for the purposes of section 29 of the Act, the prescribed period during which a garnishee summons does not bind Her Majesty is the period beginning on the day of service of the documents referred to in section 28 of the Act and ending 35 days after that day.
(2) For the purposes of section 29 of the Act, where a garnishee summons is served between July 27 and September 26 of a year, the prescribed period during which the summons does not bind Her Majesty in respect of moneys referred to in paragraph 3(a.1) is the period beginning on the day of service of the documents referred to in section 28 of the Act and ending on November 1 of that year.
- SOR/89-278, s. 2.
SERVICE OF DOCUMENTS
7. (1) For the purposes of sections 33 and 34 of the Act, service of documents on the Minister shall be effected, either in accordance with the law of the province of the court that issued the garnishee summons or by registered mail, at
The Department of Justice,
Family Orders and Agreements Enforcement Assistance Unit,
(2) Where an application to garnishee in the form set out in Schedule I is made by a provincial enforcement service, it may also be served by the means of electronic communication that has been agreed upon by the provincial enforcement service and the Department of Justice.
- SOR/89-417, s. 3(E);
- SOR/97-179, s. 3.
TIME LIMIT FOR RESPONSE TO GARNISHEE SUMMONS
8. For the purpose of section 41 of the Act, the prescribed time within which the Minister shall respond to a garnishee summons on behalf of Her Majesty is 20 days after the date of service of the documents referred to in section 28 of the Act.
NOTICE TO JUDGMENT DEBTOR
9. For the purpose of section 45 of the Act, a notice from the Minister to the judgment debtor named in a garnishee summons shall be in the form set out in Schedule II and shall be sent, within 20 days after service of the garnishee summons on the Minister, to each address of the judgment debtor that is provided in the application to garnishee referred to in section 5.
- SOR/97-179, s. 4.
10. A judgment debtor named in a garnishee summons served on the Minister shall pay a total fee of $190 for a five-year period in respect of the processing of the garnishee summons, payable in instalments of $38 per year.
- SOR/94-187, s. 1;
- SOR/99-115, s. 1.
RECOVERY OF FEES
11. A fee in respect of the processing of a garnishee summons shall be recovered only by deduction or set-off against any garnishable moneys payable to the judgement debtor named in the garnishee summons and any instalment that is not recovered in the year in which it is payable shall be carried forward and recoverable in any subsequent year of the period referred to in section 10.
- SOR/94-187, s. 1.
REMISSION OF FEES
12. Where Her Majesty, at any time, ceases to be bound by a garnishee summons, any amount of the fee in respect of the processing of the garnishee summons that remains payable by the judgement debtor at that time is hereby remitted.
- SOR/94-187, s. 1.
(Sections 5 and 7)
- SOR/97-179, s. 6.
NOTICE TO DEBTOR
|Fax: (613) 990-8197|
|(TDD for hearing/ speech impaired)|
|Court Reference Number:|
|Department of Justice Reference Number:|
|The Minister of Justice is giving you this notice to inform you that the Government of Canada was served with a garnishee summons on . This summons was served by the court or provincial agency named next to “Issued by”.|
|The summons, which becomes effective on , indicates that you owe the following amount for family support:|
Arrears owing: $ as of the summons issue date of ;
Ongoing payment of: $ per as of .
|Any moneys that are payable to you by the Government of Canada from Acts or programs designated in the regulations to the Family Orders and Agreements Enforcement Assistance Act may be diverted to pay the judgment creditor named in the summons.|
|If you have questions about the amount of money due or if you wish to dispute the garnishee summons, please contact the court or provincial agency named next to “Issued by”.|
|After sufficient moneys are diverted to pay the judgment creditor, an administrative fee will be deducted from moneys payable to you. This fee is $190, payable in five yearly instalments of $38.|
|The diversion of moneys and the payment of the administrative fee are authorized by the Family Orders and Agreements Enforcement Assistance Act.|
Family Orders and Agreements Enforcement Assistance Unit
Department of Justice
|La présente lettre est également disponible en version française.|
- SOR/97-179, s. 6;
- SOR/2002-278, s. 4.
- Date modified: