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Garnishment, Attachment and Pension Diversion Act

Version of section 36 from 2002-12-31 to 2019-06-20:


Marginal note:Rules governing amount of diversion

 Where

  • (a) a financial support order provides only for periodic payments and the recipient’s pension benefit consists only of periodic payments, or

  • (b) a financial support order provides only for a lump sum payment and the recipient’s pension benefit consists only of a lump sum payment,

the amount to be diverted from the recipient’s net pension benefit shall be governed by the following rules:

  • (c) where the recipient is domiciled in Canada and ordinarily resident in a province in which there is in force a law of general application permitting garnishment, attachment or diversion of pensions for the enforcement of financial support orders, the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment,

  • (d) where the recipient is domiciled in Canada and ordinarily resident elsewhere than in a province described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of fifty per cent of the recipient’s net pension benefit,

  • (e) where the recipient is domiciled outside Canada and the applicant is ordinarily resident in a province described in paragraph (c), the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment,

  • (f) where the recipient is domiciled outside Canada and the applicant is ordinarily resident in a province other than one described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of fifty per cent of the recipient’s net pension benefit, or

  • (g) where the recipient and the applicant are domiciled outside Canada and are ordinarily resident outside Canada, the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of fifty per cent of the recipient’s net pension benefit.

  • R.S., 1985, c. G-2, s. 36
  • 1997, c. 1, s. 34
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