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

Marginal note:Regulations

12 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

13 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.

DIVISION IICrown Corporations not Covered by Division I

Marginal note:Crown corporations

• 14 (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).

DIVISION IIICanadian Forces

Marginal note:Canadian Forces

15 In respect of pay and allowances payable to members of the Canadian Forces, Her Majesty is bound by provincial garnishment law to the extent, in the manner, and subject to the terms and conditions that may be provided by or under regulations made under the National Defence Act.

DIVISION IVParliamentary Entities

Marginal note:Definitions

16 In this Division,

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 member of the Senate or House of Commons, all moneys payable under the Parliament of Canada Act, the Salaries Act and any appropriation Act, other than moneys not included in computing the member’s income for the purposes of Part I of the Income Tax Act, or

• (b) in the case of the staff of a parliamentary entity or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by a parliamentary entity,

  • (i) the basic pay payable to a 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 24(b). (traitement)

Marginal note:Garnishment of salaries, remuneration

17 Each parliamentary entity is, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of

• (a) salaries; and

• (b) remuneration to persons, excluding corporations, 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.

Marginal note:Service binding

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

• Marginal note:When service is effective

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

• Marginal note:Parliamentary entity no longer bound

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

Marginal note:Place of service

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

• Marginal note:Method of service

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

20 [Repealed, 1997, c. 1, s. 30]

Marginal note:Moneys bound by service of garnishee summons

21 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid 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 the parliamentary entity 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 17(b),

  • (i) the remuneration payable on the 15th day following the day on which the parliamentary entity is bound by the garnishee summons, and

  • (ii) either

    • (A) any remuneration becoming payable in the 30 days following the 15th day after the day on which the parliamentary entity is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or

    • (B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th day after the day on which the parliamentary entity is bound by the garnishee summons.

Marginal note:Time period to respond to garnishee summons

22 The parliamentary entity has the following time period within which to respond to a garnishee summons:

• (a) in the case of a salary, 15 days, or any lesser number of days that is prescribed, after the last day of the second pay period next following the pay period in which the parliamentary entity is bound by the garnishee summons; or

• (b) in the case of remuneration described in paragraph 17(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

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

• Marginal note:Response by registered mail

  (2) If the parliamentary entity 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 the entity has responded to the garnishee summons.

• Marginal note:Effect of payment into court

  (3) A payment into court by the parliamentary entity is a good and sufficient discharge of its 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 the parliamentary entity is a good and sufficient discharge of its liability, to the extent of the payment.

• Marginal note:Recovery

  (4) If, in honouring a garnishee summons, a parliamentary entity, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess is a debt due to the entity 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 a parliamentary entity 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 the entity 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.