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Garnishment, Attachment and Pension Diversion Act (R.S.C., 1985, c. G-2)

Act current to 2019-11-19 and last amended on 2019-06-21. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2019, c. 16, s. 105(1)

    • 1997, c. 1, s. 32(1)
      • 105 (1) The definition application in subsection 32(1) of the Act is repealed.

  • — 2019, c. 16, s. 106(2)

    • 2000, c. 12, s. 121
      • 106 (2) Section 33 of the Act is amended by adding the following after subsection (2):

        • Contents of application

          (2.1) The application must contain the prescribed information and be accompanied by the prescribed documents.

        • Arrears of maintenance, alimony or support

          (2.2) A provincial enforcement service may, in respect of an application referred to in subsection (1), submit a document to the Minister that sets out a recipient’s arrears of maintenance, alimony or support and any prescribed information.

  • — 2019, c. 16, ss. 111(2) to (4)

      • 111 (2) Paragraph 39(1)(b) of the Act is replaced by the following:

        • (b) cause the applicant to be notified in accordance with the regulations that, unless the financial support order is varied in accordance with this section, it will be treated as a financial support order for a lump sum payment of an amount equal to one periodic payment under the original financial support order.

      • (3) Subsection 39(3) of the Act is repealed.

      • (4) Subsections 39(5) and (6) of the Act are replaced by the following:

        • Applicant must submit varied financial support order to Minister

          (5) If, within 90 days after receiving the evidence referred to in subsection (2), the Minister receives a copy of a varied financial support order providing in whole or in part for a lump sum payment, the Minister shall proceed with the application for diversion in accordance with this Part.

        • If condition not satisfied

          (6) If a copy of the varied financial support order referred to in subsection (5) is not received by the Minister within the period mentioned in that subsection, the Minister shall treat the application for diversion as an application based on a financial support order for the payment of a lump sum equal to the amount of one periodic payment under the original financial support order.

  • — 2019, c. 16, s. 115

      • 115 (1) and (2) [In force]

      • (3) Section 46 of the Act is amended by adding the following after subsection (a):

        • (a.1) respecting documents which must accompany an application made under section 33, which documents may vary according to the applicant and the circumstances specified in the regulations;

        • (a.2) respecting the submission of the document referred to in subsection 33(2.2);

      • (4) [In force]

      • (5) Section 46 of the Act is amended by adding the following after paragraph (b.1):

        • (b.2) respecting methods of notification for the purpose of section 39 and providing for the day on which notification is deemed to be effected for the purpose of that section;

        • (b.3) prescribing the circumstances in which a copy of the financial support order referred to in subsection 39(5) is to be certified;

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