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Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

Act current to 2024-05-01 and last amended on 2023-11-15. Previous Versions

PART IIGarnishment of Federal Moneys to Satisfy Orders (continued)

General (continued)

Marginal note:Multiple garnishee summonses

 Where more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor and the garnishable moneys payable to the judgment debtor are insufficient to satisfy all the garnishee summonses, payment shall be made on a proportional basis.

Marginal note:No execution against Her Majesty

 No execution shall issue on a judgment given against Her Majesty in garnishment proceedings permitted by this Part.

Garnishment, Attachment and Pension Diversion Act

Marginal note:Garnishment, Attachment and Pension Diversion Act

 In the event that a garnishee summons that binds Her Majesty may be honoured under this Part or the Garnishment, Attachment and Pension Diversion Act, the garnishee summons shall be honoured first under the Garnishment, Attachment and Pension Diversion Act and secondly under this Part.

Prohibitions

Marginal note:Prohibition on disentitlement

 No person may be disentitled or disqualified in respect of any payment or future payment of garnishable moneys solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Marginal note:Prohibition on dismissal

 No person may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Fee

Marginal note:Fee

 A fee in the amount prescribed by the regulations is chargeable in respect of the processing of every garnishee summons served on the Minister.

Marginal note:Chargeable against judgment debtor

 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.

Marginal note:Restriction

 The fee referred to in section 58 may not be recovered out of any garnishable moneys to be used to honour a garnishee summons.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) designating Acts of Parliament, provisions thereof and programs thereunder for the purposes of the definition garnishable moneys;

  • (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;

  • (b) prescribing the form of the application referred to in paragraph 28(c);

  • (c) prescribing the period of time before which Her Majesty becomes bound by the service of the documents referred to in section 28;

  • (c.1) specifying periods and circumstances for the purposes of section 30;

  • (d) specifying the place where service of documents on the Minister must be effected in connection with garnishment proceedings permitted under this Part;

  • (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;

  • (f) respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I;

  • (g) respecting the methods by which the Minister may respond to garnishee summonses and prescribing the time within which the Minister must do so;

  • (h) prescribing the form of the notification referred to in section 45 and the time within which and the manner in which it must be sent;

  • (i) prescribing a fee in respect of the processing of garnishee summonses and the time and manner of collecting the fee;

  • (j) respecting the remission, in whole or in part, of the fee referred to in section 58; and

  • (k) generally, for carrying out the purposes and provisions of this Part.

PART IIILicence Denial

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

appropriate Minister

appropriate Minister means a minister of the Crown in right of Canada who is responsible for the issuance of any type or class of licence set out in the schedule. (ministre compétent)

debtor

debtor means a person who is in arrears under a support order. (débiteur)

licence

licence means a licence, a permit, a certificate or an authorization of any kind, and includes a passport within the meaning of section 2 of the Canadian Passport Order. (autorisation)

licence denial application

licence denial application means an application made under section 67. (demande de refus d’autorisation)

Minister

Minister means the Minister of Justice. (ministre)

persistent arrears

persistent arrears, in respect of a support order, means

  • (a) arrears in any amount due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order, or

  • (b) accumulated arrears of $3,000 or more. (être en défaut de façon répétée)

prescribed

prescribed means prescribed by the regulations. (Version anglaise seulement)

provincial enforcement service

provincial enforcement service has the meaning assigned by section 2. (autorité provinciale)

schedule licence

schedule licence means a licence of a type or class set out in the schedule. (autorisation visée)

support order

support order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province for maintenance, alimony or support. (ordonnance alimentaire)

support provision

support provision[Repealed, 2019, c. 16, s. 70]

Marginal note:Amendments to schedule

 The Governor in Council may, by order, amend the schedule to add to or delete any type or class of licence that may be issued to an individual under an Act of Parliament or under a prerogative of the Crown.

Purpose of Part

Marginal note:Purpose of Part

 The purpose of this Part is to help provincial enforcement services enforce support orders by providing for the denial of certain licences to debtors who are in persistent arrears.

Application of Part

Marginal note:Application of Part

 This Part applies notwithstanding the provisions of any other Act of Parliament, of any regulation or order made under any other Act of Parliament or of any order made pursuant to a prerogative of the Crown respecting the issuance, renewal or suspension of licences.

  • R.S., 1985, c. 4 (2nd Supp.), s. 65
  • 1997, c. 1, s. 22

Marginal note:Royal prerogative

 Nothing in this Part in any manner limits or affects Her Majesty’s royal prerogative with respect to passports.

  • R.S., 1985, c. 4 (2nd Supp.), s. 66
  • 1997, c. 1, s. 22

Licence Denial Application

Marginal note:Application

  •  (1) If a debtor is in persistent arrears, a provincial enforcement service may apply to the Minister requesting that the following actions be taken:

    • (a) that no new schedule licences be issued to the debtor;

    • (b) that all schedule licences held by the debtor be suspended; and

    • (c) that schedule licences held by the debtor not be renewed.

  • Marginal note:Contents of application

    (2) An application must be in the form approved by the Minister and must contain the prescribed information.

  • Marginal note:Statement

    (3) An application must contain a statement by an officer of the provincial enforcement service confirming the following:

    • (a) that the provincial enforcement service is satisfied that the debtor is in persistent arrears;

    • (b) that the provincial enforcement service has made reasonable attempts to enforce the support order before making the licence denial application; and

    • (c) that the provincial enforcement service has sent a notice to the debtor, at the debtor’s last known address,

      • (i) stating that the provincial enforcement service has reasonable grounds to believe that the debtor is in persistent arrears,

      • (ii) stating that the provincial enforcement service intends to make a licence denial application in relation to the debtor,

      • (iii) informing the debtor of the consequences to the debtor of a licence denial application, and

      • (iv) advising the debtor that a licence denial application will not be made if the debtor enters into a payment plan that is acceptable to the provincial enforcement service or satisfies the provincial enforcement service that the debtor is unable to pay the amount in arrears and that the making of the application is not reasonable in the circumstances.

  • Marginal note:Time for making application

    (4) An application may be made only after thirty days have expired after the notice referred to in subsection (3) was received by the debtor.

  • Marginal note:Deemed receipt

    (5) A notice referred to in subsection (3) is deemed to have been received by a debtor ten days after it is sent to the debtor.

Marginal note:Informing appropriate Ministers

 Immediately on the receipt of a licence denial application, the Minister shall notify each appropriate Minister of the receipt of the application, and shall provide them with any information that may be necessary to assist them in determining whether the debtor to whom the application relates is the holder of a schedule licence.

Marginal note:Right to search information banks

 Subject to the regulations, the Minister and the appropriate Minister are 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 the debtor.

Obligations of Appropriate Ministers

Marginal note:Determination — does debtor hold schedule licence

  •  (1) On being informed of a licence denial application in respect of a debtor, an appropriate Minister shall immediately determine whether the debtor is the holder of a schedule licence issued by the appropriate Minister.

  • Marginal note:Suspension and non-renewal of schedule licences

    (2) If an appropriate Minister determines that a debtor is the holder of a schedule licence, the appropriate Minister shall suspend the schedule licence and, where applicable, refuse to renew the schedule licence.

  • Marginal note:Notice to debtor

    (3) An appropriate Minister who takes any action under subsection (2) against a debtor shall send the debtor a notice in writing informing the debtor that the action has been taken.

  • 1997, c. 1, s. 22

Marginal note:Refusal to issue schedule licence

 An appropriate Minister who is informed of a licence denial application in respect of a debtor shall refuse to issue a schedule licence to the debtor.

  • 1997, c. 1, s. 22

No Appeal

Marginal note:No appeal

 Notwithstanding the provisions of any other Act of Parliament, of any regulation or order made under any other Act of Parliament or of any order made pursuant to a prerogative of the Crown, no appeal lies from any action taken under this Part.

  • 1997, c. 1, s. 22

Request to Terminate Application of Part

Marginal note:Request to terminate application of Part

  •  (1) A provincial enforcement service shall immediately request that all actions taken under this Part in respect of a debtor be terminated where

    • (a) the provincial enforcement service is satisfied that the debtor

      • (i) is no longer in arrears under all support orders against the debtor that are enforced by a licence denial application,

      • (ii) is complying, in respect of those support orders, with a payment plan that the provincial enforcement service considers reasonable, or

      • (iii) is unable to pay the amount in arrears and that the application of this Part against the debtor is not reasonable in the circumstances; or

    • (b) the provincial enforcement service ceases to enforce those support orders against the debtor.

  • Marginal note:Request — form and manner

    (2) A request under subsection (1) must be made to the Minister in the prescribed manner and in the form approved by the Minister.

 

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