An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (S.C. 2019, c. 16)
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Assented to 2019-06-21
R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act (continued)
Marginal note:1993, c. 8, s. 12
47 Sections 18 to 19.1 of the Act are replaced by the following:
Marginal note:Release of information — information banks
18 Subject to the regulations, information in an information bank may be released by one information bank director to another information bank director or to the Minister to assist in conducting a search under this Part.
Marginal note:Transmission of information to Minister
19 If information requested under this Part is found in an information bank, the information bank director of that information bank shall cause to be transmitted to the Minister, in accordance with the regulations, all information obtained during the search.
Marginal note:Release of information by Minister
19.1 Subject to section 20, the Minister shall release to the applicant the information transmitted to the Minister under this Part.
48 Section 20 of the Act is replaced by the following:
Marginal note:Safeguards — provincial entities
20 (1) The Minister shall release information under this Part to an applicant that is a provincial enforcement service, a provincial child support service, a designated authority or a central authority only if the province of the applicant has entered into an agreement under section 3 and the Minister is satisfied that the safeguards provided for in the agreement are in place.
Marginal note:Safeguards — peace officer
(2) The Minister shall release information under this Part to an applicant who is a peace officer only if the police force to which the officer belongs has entered into an agreement under section 5.1 and the Minister is satisfied that the safeguards provided for in the agreement are in place.
Marginal note:Search request — Minister’s own initiative
20.1 If a search request is made by the Minister on the Minister’s own initiative under subsection 17(2), the Minister may release the information to a person that the Minister considers appropriate.
49 (1) The portion of section 22 of the Act before paragraph (a.1) is replaced by the following:
Marginal note:Regulations by Governor in Council
22 Subject to subsection (2), the Governor in Council may make regulations
(a) prescribing the information that must be contained in an application for the release of information under this Part;
Marginal note:1997, c. 1, s. 20
(2) Paragraph 22(a.1) of the English version of the Act is replaced by the following:
(a.1) prescribing the time and manner in which an application for the searching of information banks and the release of information under this Part may be made;
(3) Paragraph 22(b) of the Act is replaced by the following:
(b) designating the information banks that may be searched under this Part and the information bank directors for those information banks;
(4) Paragraph 22(c) of the English version of the Act is replaced by the following:
(c) setting out the time and manner in which searches for information under this Part are to be conducted;
(5) Paragraph 22(d) of the Act is replaced by the following:
(d) prescribing the conditions under which information may be released under section 18 by one information bank director to another or to the Minister;
(d.1) prescribing the information that is released to an applicant under this Part, which information may vary according to the applicant to whom the information is released;
(6) Section 22 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(e.1) respecting the time and manner in which the Minister must send a copy of an order and a notice under section 12.1;
(e.2) prescribing or providing for anything that by this Part is to be prescribed or provided for by the regulations; and
(7) Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following:
Marginal note:Limitation
(2) Regulations with respect to the release of taxpayer information, as defined in section 241 of the Income Tax Act, may be made under subsection (1) only on the recommendation of the Minister with the concurrence of the Minister of Finance.
50 The heading of Part II of the Act is replaced by the following:
Garnishment of Federal Moneys to Satisfy Orders
51 (1) The definitions support order and support provision in subsection 23(1) of the Act are repealed.
(2) The definitions garnishee summons and provincial garnishment law in subsection 23(1) of the Act are replaced by the following:
- garnishee summons
garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt)
- provincial garnishment law
provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of orders; (droit provincial en matière de saisie-arrêt)
(3) Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
- provincial enforcement service
provincial enforcement service has the same meaning as in section 2; (autorité provinciale)
(4) Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
- order
order means any of the following — whether interim or final — that is enforceable in a province:
(a) an order, judgment, decision or agreement for maintenance, alimony or support,
(b) an order or judgment respecting expenses that are incurred as a result of the denial of, or the failure to exercise, parenting time, custody, access or contact, or
(c) an order, judgment or agreement respecting expenses that are related to the exercise of parenting time, custody or access in the case of the child’s relocation, as defined in subsection 2(1) of the Divorce Act or provincial law; (ordonnance)
52 Section 24 of the Act is replaced by the following:
Marginal note:Her Majesty may be garnisheed
24 Despite any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of orders, be garnisheed in accordance with this Part in respect of all garnishable moneys.
53 Section 27 of the Act is replaced by the following:
Marginal note:Location of garnishable moneys
27 For the purposes of this Part, garnishable moneys are deemed to be located in the province in which a garnishee summons is issued in respect of the moneys.
Marginal note:1993, c. 8, s. 15; 1997, c. 1, s. 21
54 Sections 28 and 29 of the Act are replaced by the following:
Marginal note:Service binds Her Majesty for 12 years
28 Subject to the provisions of this Part and the regulations, service on the Minister of an application in the form approved by the Minister that contains the information prescribed by the regulations and of a garnishee summons binds Her Majesty for 12 years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.
Marginal note:Calculation of 12-year period
29 For the purposes of section 28, the 12-year period begins on the expiry of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.
Marginal note:1993, c. 8, s. 15
55 Sections 30 and 31 of the Act are replaced by the following:
Marginal note:Her Majesty no longer bound
30 A garnishee summons against a judgment debtor ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.
56 Sections 34 and 35 of the Act are replaced by the following:
Marginal note:Method of service
34 In addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by any method prescribed by the regulations.
Marginal note:1993, c. 8, s. 16
57 Sections 36 and 37 of the Act are replaced by the following:
Marginal note:Notice to ministers
36 Immediately after being served with the documents referred to in section 28, the Minister shall notify every minister who is responsible for garnishable moneys of the service of the documents and shall provide them with the information that may be necessary to assist them in determining whether any garnishable moneys are payable to the judgment debtor.
Marginal note:Initial report by ministers
37 Immediately after being notified under section 36, each minister who is responsible for garnishable moneys shall report to the Minister on whether those moneys are payable or are foreseeably payable to the judgment debtor.
Marginal note:Demand under Income Tax Act
37.1 For the purposes of section 37, if the Minister of National Revenue knows or suspects that garnishable moneys would be payable to a judgment debtor were the debtor to file a return of income for a taxation year, that Minister may, in accordance with subsection 150(2) of the Income Tax Act, demand that the debtor file a return of income for that taxation year.
58 Section 40 of the Act is replaced by the following:
Marginal note:Right to search information banks
40 Subject to the regulations, the Minister and every minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of any judgment debtor.
59 Section 41 of the French version of the Act and the heading before it are replaced by the following:
Donner suite à un bref de saisie-arrêt
Marginal note:Délai pour donner suite
41 Le ministre donne suite au bref de saisie-arrêt, au nom de Sa Majesté, dans le délai réglementaire.
60 Section 42 of the Act is replaced by the following:
Marginal note:Methods of response
42 In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by any method prescribed by the regulations.
61 Section 43 of the French version of the Act is replaced by the following:
Marginal note:Donner suite par courrier recommandé
43 Si le ministre donne suite à un bref de saisie-arrêt par courrier recommandé, le récépissé conforme aux règlements pris, en matière de courrier recommandé, en vertu de la Loi sur la Société canadienne des postes est admissible en preuve et établit, sauf preuve contraire, que le ministre y a donné suite.
62 Subsection 44(2) of the Act is replaced by the following:
Marginal note:Effect of payment to provincial enforcement service
(2) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.
Marginal note:1993, c. 8, s. 17
63 Section 45 of the Act is replaced by the following:
Marginal note:Notice to judgment debtor
45 If a garnishee summons is served on the Minister under this Part, the Minister may notify the judgment debtor named in the garnishee summons of that service.
64 Section 49 of the English version of the Act and the heading before it are replaced by the following:
Recovery of Excess Payments
Marginal note:Payments to judgment debtor
49 If a judgment debtor is paid any garnishable moneys to which the judgment debtor is not entitled by reason of garnishment proceedings permitted under this Part, the amount that is paid is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor.
65 Section 50 of the Act is replaced by the following:
Marginal note:Payments to party that instituted proceedings
50 Subject to section 51, if garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part 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 as such in accordance with the Financial Administration Act or by way of deduction from, or set-off or compensation against, any garnishable moneys payable to or for the benefit of that party under this Part.
66 Section 53 of the Act is replaced by the following:
Marginal note:Multiple garnishee summonses
53 If more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor, the garnishee summonses shall be honoured in the manner specified in the regulations.
67 Section 59 of the Act is replaced by the following:
Marginal note:Chargeable against judgment debtor
59 Subject to any regulations respecting the remittance of the fee referred to in section 58, it is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by way of deduction from, or set-off or compensation against, any garnishable moneys payable to the judgment debtor.
68 Section 60 of the French version of the Act is replaced by the following:
Marginal note:Limite
60 Les frais visés à l’article 58 ne peuvent être recouvrés sur les sommes saisissables à verser en exécution d’un bref de saisie-arrêt.
Marginal note:1993, c. 8, s. 18(1)
69 (1) Paragraph 61(a.1) of the Act is replaced by the following:
(a.1) prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament, the provision of that Act or the program under that Act by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of orders;
(2) Subsection 61(b) of the Act is replaced by the following:
(b) prescribing the information that must be contained in an application referred to in section 28;
(3) Section 61 of the Act is amended by adding the following after paragraph (c):
(c.1) specifying periods and circumstances for the purposes of section 30;
(4) Paragraph 61(e) of the Act is replaced by the following:
(e) respecting the methods of service of documents and providing for the day on which service of documents on the Minister is deemed to be effected;
(5) Paragraph 61(g) of the Act is replaced by the following:
(g) respecting the methods by which the Minister may respond to garnishee summonses and prescribing the time within which the Minister must do so;
(6) Paragraph 61(h) of the Act is replaced by the following:
(h) respecting the manner in which garnishee summonses must be honoured where there is more than one garnishee summons in respect of the same judgment debtor;
Marginal note:1993, c. 8, s. 18(2)
(7) Paragraph 61(i) of the English version of the Act is replaced by the following:
(i) prescribing a fee in respect of the processing of garnishee summonses and the time and manner of collecting the fee;
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