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

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

PART IGarnishment and Attachment Proceedings (continued)

DIVISION IDepartments and Certain Crown Corporations (continued)

 [Repealed, 1997, c. 1, s. 26]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.

  • R.S., 1985, c. G-2, s. 10
  • 1997, c. 1, s. 27
  • 2019, c. 16, s. 88(F)

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.

  • R.S., 1985, c. G-2, s. 11
  • 1997, c. 1, s. 28
  • 2019, c. 16, s. 89

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.

  • R.S., 1985, c. G-2, s. 12
  • 2019, c. 16, s. 90

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

DIVISION IIICanadian Forces

Marginal note:Canadian Forces

 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.

  • R.S., 1985, c. G-2, s. 15
  • 2019, c. 16, s. 91

DIVISION IVParliamentary Entities

Marginal note:Definitions

 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)

  • R.S., 1985, c. G-2, s. 16
  • 2004, c. 7, s. 10
  • 2006, c. 9, s. 10
  • 2015, c. 36, s. 127
  • 2017, c. 20, s. 162
  • 2019, c. 16, s. 93

Marginal note:Garnishment of salaries, remuneration

 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.

  • R.S., 1985, c. G-2, s. 17
  • 2004, c. 7, s. 11
  • 2006, c. 9, s. 11
  • 2015, c. 36, s. 128
  • 2017, c. 20, s. 163
  • 2019, c. 16, s. 94

Marginal note:Service binding

  •  (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.

  • R.S., 1985, c. G-2, s. 18
  • 1997, c. 1, s. 29
  • 2004, c. 7, s. 12
  • 2006, c. 9, s. 12
  • 2015, c. 36, s. 129
  • 2017, c. 20, s. 164
  • 2019, c. 16, s. 95
 
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