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 and their provisions and programs are designated for the purposes of the definition “garnishable moneys” in subsection 23(1) 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, excluding subsection 164(1.4) of that Act when it applies with respect to an amount payable pursuant to provincial income tax legislation that specifically excludes that amount from garnishment for the purposes of the Act;
(b) 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.1) section 7 of the Department of Human Resources and Skills Development Act as it relates to grants and contributions payable under the Skills Link program, the Apprenticeship Incentive Grant program or the Apprenticeship Completion Grant program;
(b.2) the Wage Earner Protection Program Act, excluding the provisions relating to fees or expenses paid to a trustee or receiver under subsection 22(2) of that Act;
(c) the Employment Insurance Act, excluding the provisions relating to benefits paid on behalf of a beneficiary to a province or municipality;
(d) 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 in accordance with subsection 65(2) of that Act;
(e) 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 in accordance with subsection 36(2) of that Act; and
(f) section 7 of the Department of Social Development Act as it relates to grants and contributions payable under the Opportunities Fund for Persons with Disabilities program.
(g) [Repealed, SOR/2011-189, s. 1]
- 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;
- SOR/2006-296, s. 1;
- SOR/2008-74, s. 1;
- SOR/2011-189, s. 1.
- Date modified: