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

Act current to 2022-06-20 and last amended on 2020-12-23. Previous Versions

Garnishment, Attachment and Pension Diversion Act

R.S.C., 1985, c. G-2

An Act to provide for the garnishment or attachment of Her Majesty in right of Canada, the Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and Office of the Parliamentary Budget Officer and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments

Short Title

Marginal note:Short title

 This Act may be cited as the Garnishment, Attachment and Pension Diversion Act.

  • 1980-81-82-83, c. 100, s. 1

PART IGarnishment and Attachment Proceedings

Interpretation

Marginal note:Definitions

 In this Part,

debtor

debtor, in respect of a garnishee summons, means the person whose salary or remuneration is sought to be garnisheed; (débiteur)

garnishment

garnishment includes attachment; (Version anglaise seulement)

Her Majesty

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

Minister

Minister means the Minister or Ministers designated under section 48; (ministre)

order

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

parliamentary entity

parliamentary entity means

  • (a) the Senate;

  • (b) the House of Commons;

  • (c) the Library of Parliament;

  • (d) the office of the Senate Ethics Officer;

  • (e) the office of the Conflict of Interest and Ethics Commissioner;

  • (f) the Parliamentary Protective Service; or

  • (g) the office of the Parliamentary Budget Officer; (entité parlementaire)

provincial enforcement service

provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale)

provincial garnishment law

provincial garnishment law means the law of general application of a province relating to garnishment that is in force at the time in question. (droit provincial en matière de saisie-arrêt)

Garnishment

Marginal note:Garnishment permitted

 Despite any law preventing the garnishment of Her Majesty or a parliamentary entity, both may be garnisheed under this Part.

Marginal note:Garnishment under Acts of Parliament

 For greater certainty, Her Majesty and parliamentary entities are bound by the law relating to garnishment provided under any Act of Parliament.

DIVISION IDepartments and Certain Crown Corporations

Marginal note:Definitions

 In this Division,

department

department has the meaning assigned by paragraphs (a), (a.1), (b) and (d) of the definition department in section 2 of the Financial Administration Act; (ministère)

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)

pay period

pay period means, in respect of any particular person, the period beginning on the day after the day that is the regular pay-day of the person and ending on the day that is their next regular pay-day; (période de paye)

prescribed

prescribed means prescribed by regulations made under this Division; (prescrit ou réglementaire)

salary

salary means

  • (a) in the case of a judge or prothonotary to whom the Judges Act applies, the salary payable under that Act, or

  • (b) in the case of any other person,

    • (i) the basic pay payable to that person for the performance of the regular duties of a position or office, and

    • (ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity,

excluding any amount deemed to be or to have been excluded from that person’s salary pursuant to regulations made under paragraph 12(b). (traitement)

Marginal note:Garnishment of salaries, remuneration

 Her Majesty is, subject to this Division and any regulation made thereunder, bound by provincial garnishment law in respect of

  • (a) salaries, and

  • (b) remuneration as fees, honoraria or other payments of like import, in respect of any office or position or in respect of the performance of any services

payable to judges and prothonotaries to whom the Judges Act applies, or payable to any other person, excluding corporations, on behalf of a department or by a Crown corporation prescribed under paragraph 12(c) for the purposes of this Division.

  • R.S., 1985, c. G-2, s. 5
  • 2014, c. 39, s. 332

Marginal note:Service binds Her Majesty

  •  (1) Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds Her Majesty 15 days after the day on which those documents are served.

  • Marginal note:When service is effective

    (2) A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first 45 days following the first day on which it could have been validly served on Her Majesty.

  • Marginal note:Her Majesty no longer bound

    (3) The garnishee summons ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.

Marginal note:Where documents must be served on Her Majesty

  •  (1) Service of documents on Her Majesty in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

  • Marginal note:Method of service on Her Majesty

    (2) In addition to any method of service permitted by the law of a province, service of documents on Her Majesty under subsection (1) may be effected by any prescribed method.

  • (3) [Repealed, 2019, c. 16, s. 86]

Marginal note:Moneys bound by service of garnishee summons

 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons binds Her Majesty in respect of the following money to be paid by Her Majesty to the debtor named in the garnishee summons:

  • (a) in the case of a salary,

    • (i) the salary to be paid, no later than the last day of the second pay period following the pay period in which Her Majesty is bound by the garnishee summons, and

    • (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

  • (b) in the case of remuneration described in paragraph 5(b),

    • (i) the remuneration payable, in respect of the department or Crown corporation named in the application referred to in section 6, on the fifteenth day following the day on which Her Majesty is bound by the garnishee summons, and

    • (ii) either

      • (A) any remuneration becoming payable in respect of that department or Crown corporation in the thirty days following the fifteenth day after the day on which Her Majesty is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

      • (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable in respect of that department or Crown corporation subsequent to the fifteenth day after the day on which Her Majesty is bound by the garnishee summons.

 [Repealed, 1997, c. 1, s. 26]

Marginal note:Time period for Her Majesty’s response to a garnishee summons

 Her Majesty has the following time period within which to respond to a garnishee summons:

  • (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which Her Majesty is bound by the garnishee summons; or

  • (b) in the case of remuneration described in paragraph 5(b), fifteen days, or such lesser number of days as is prescribed, after the day on which the remuneration is garnisheed.

Marginal note:Methods of response

  •  (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by any prescribed method.

  • Marginal note:Where response is by registered mail

    (2) Where Her Majesty responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that Her Majesty has responded to the garnishee summons.

  • Marginal note:Effect of payment into court

    (3) A payment into court by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.

  • Marginal note:Effect of payment to provincial enforcement service

    (3.1) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.

  • Marginal note:Recovery

    (4) If, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess is a debt due to Her Majesty by that debtor and may be recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as salary or remuneration.

  • Marginal note:Recovery from party who instituted proceedings

    (5) If moneys are paid by Her Majesty to or for the benefit of a party who instituted garnishment proceedings permitted by this Division 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 from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Division.

Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) specifying the place where service of documents on Her Majesty must be effected in connection with garnishment proceedings permitted by this Division;

  • (a.1) respecting methods of service of documents and providing for the day on which service of documents on Her Majesty is deemed to be effected;

  • (b) deeming, for the purposes of the definition salary in section 4, any amount to be or to have been excluded from a person’s salary;

  • (b.1) specifying periods and circumstances for the purpose of subsection 6(3);

  • (c) prescribing Crown corporations for the purposes of this Division; and

  • (d) prescribing any other matters that are by this Division to be prescribed.

Marginal note:Information to be made available to public

 The Minister shall cause information on the manner of commencing garnishment proceedings permitted by this Division to be made available throughout Canada in such a manner that the public will have reasonable access thereto.

  • 1980-81-82-83, c. 100, s. 13

DIVISION IICrown Corporations not Covered by Division I

Marginal note:Crown corporations

  •  (1) Subject to subsection (2), in respect of moneys payable by Crown corporations not prescribed under paragraph 12(c) for the purposes of Division I, Her Majesty is bound by provincial garnishment law.

  • Marginal note:Idem

    (2) In respect of Crown corporations to which subsection (1) applies that are prescribed under subsection (3) for the purposes of this subsection, Her Majesty is not bound by provincial garnishment law in relation to a “pension benefit” as defined in Part II.

  • Marginal note:Regulations

    (3) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing Crown corporations for the purposes of subsection (2).

  • 1980-81-82-83, c. 100, s. 14
 
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