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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 IVParliamentary Entities (continued)

Marginal note:Place of service

  •  (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.

  • R.S., 1985, c. G-2, s. 19
  • 2004, c. 7, s. 12
  • 2006, c. 9, s. 12
  • 2015, c. 36, s. 130
  • 2017, c. 20, s. 165
  • 2019, c. 16, s. 95

 [Repealed, 1997, c. 1, s. 30]

Marginal note:Moneys bound by service of garnishee summons

 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.

  • R.S., 1985, c. G-2, s. 21
  • 1997, c. 1, s. 30
  • 2004, c. 7, s. 13
  • 2006, c. 9, s. 13
  • 2015, c. 36, s. 131
  • 2017, c. 20, s. 166
  • 2019, c. 16, s. 96

Marginal note:Time period to respond to garnishee summons

 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.

  • R.S., 1985, c. G-2, s. 22
  • 1997, c. 1, s. 30
  • 2004, c. 7, s. 14
  • 2006, c. 9, s. 14
  • 2015, c. 36, s. 132
  • 2017, c. 20, s. 167
  • 2019, c. 16, s. 97

Marginal note:Methods of response

  •  (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.

  • R.S., 1985, c. G-2, s. 23
  • 1997, c. 1, s. 31
  • 2004, c. 7, s. 15
  • 2006, c. 9, s. 15
  • 2015, c. 36, s. 133
  • 2017, c. 20, s. 168
  • 2019, c. 16, s. 98

Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations

  • (a) specifying the place where service of documents on the parliamentary entities 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 the parliamentary entities is deemed to be effected;

  • (b) deeming, for the purposes of the definition salary in section 16, 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 18(3); and

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

  • R.S., 1985, c. G-2, s. 24
  • 2004, c. 7, s. 16
  • 2006, c. 9, s. 16
  • 2015, c. 36, s. 134
  • 2017, c. 20, s. 169
  • 2019, c. 16, s. 99

Marginal note:Information to be made available to public

 The Speaker of the Senate and the Speaker of the House of Commons 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. 171, s. 5

Marginal note:No execution

 No execution shall issue on an order made against a parliamentary entity in garnishment proceedings permitted by this Part.

  • R.S., 1985, c. G-2, s. 26
  • 2004, c. 7, s. 17
  • 2006, c. 9, s. 17
  • 2015, c. 36, s. 135
  • 2017, c. 20, s. 170
  • 2019, c. 16, s. 100

DIVISION VGeneral

Marginal note:Inconsistency between federal and provincial law

 In the event of any inconsistency between this Part, any other Act of Parliament or a regulation made under this Part or under any other Act of Parliament, and the provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency.

  • 1980-81-82-83, c. 100, s. 17

Marginal note:Ranking of Her Majesty

 Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any moneys that are payable to the debtor even though a garnishee summons in respect of those moneys has been served on Her Majesty or a parliamentary entity and the amount of the indebtedness may be recovered or retained in any manner authorized by law when a debtor is indebted

  • (a) to Her Majesty; or

  • (b) to Her Majesty in right of a province on account of taxes payable to any province and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on the province’s behalf.

  • 2019, c. 16, s. 101
 
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