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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 VGeneral (continued)

Marginal note:Priority of garnishee summons

 Subject to section 27.1, in the application of this Part, a garnishee summons for a maintenance, alimony or support obligation shall be honoured before any other garnishee summons.

  • 2019, c. 16, s. 101

Marginal note:No execution against Her Majesty

 No execution shall issue on an order made against Her Majesty in garnishment proceedings permitted by this Part.

  • R.S., 1985, c. G-2, s. 28
  • 2019, c. 16, s. 101

Marginal note:Regulations

 The Governor in Council may,

  • (a) on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of Divisions I, II and III; and

  • (b) 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 generally for carrying out the purposes and provisions of Division IV.

  • 1980-81-82-83, c. 100, s. 19, c. 171, s. 7

Marginal note:Prohibition

 No employee shall be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken with respect to that employee.

  • R.S., 1985, c. G-2, s. 30
  • 2019, c. 16, s. 102(E)

PART IIDiversion of Pension Benefits to Satisfy Financial Support Orders

Application of Part

Marginal note:Application

 This Part applies only in respect of the enforcement of financial support orders against pension benefits that are payable under the enactments listed in the schedule.

  • R.S., 1985, c. G-2, s. 31
  • 2019, c. 16, s. 104

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    applicant

    applicant means a person by or on behalf of whom an application is made to the Minister for a diversion of a pension benefit under this Part; (requérant)

    application

    application means, except in subsection 35.1(2), sections 35.3 and 35.4, subsection 41(2) and paragraph 46(c), a request in writing to the Minister for a diversion of a pension benefit under this Part, containing the prescribed information, accompanied by a certified copy of the financial support order on which the application is based and any prescribed additional documentation; (requête)

    financial support order

    financial support order means, subject to subsection (2), an order, judgment, decision or agreement for maintenance, alimony or support — whether interim or final — that is enforceable in a province; (ordonnance de soutien financier)

    Her Majesty

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

    Minister

    Minister means the Minister or Ministers designated under section 40.2; (ministre)

    net pension benefit

    net pension benefit means a pension benefit minus the prescribed deductions; (prestation nette de pension)

    pension benefit

    pension benefit means

    • (a) any of the following benefits payable under an enactment that is listed in the schedule:

      • (i) a pension,

      • (ii) an annual allowance,

      • (iii) an annuity,

      • (iv) a lump sum return of pension contributions, including interest, if any,

      • (v) a gratuity,

      • (vi) a cash termination allowance,

      • (vii) a withdrawal allowance, including interest, if any,

      • (viii) a transfer value, or

      • (ix) a bridge benefit, and

    • (b) any benefit payable under the Supplementary Retirement Benefits Act or the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970, in respect of a pension, annual allowance or annuity referred to in paragraph (a); (prestation de pension)

    prescribed

    prescribed means prescribed by regulation made under this Part; (prescrit ou réglementaire)

    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)

    recipient

    recipient means

    • (a) in respect of a benefit referred to in any of subparagraphs (a)(i) to (vii) of the definition pension benefit, a child or other person to whom the benefit is immediately payable, but does not include a child or other person whose entitlement to the benefit is based on their status as a survivor of the person who was originally entitled to the benefit or would have been entitled to it had death not intervened, or

    • (b) in respect of a benefit referred to in subparagraph (a)(viii) or (ix) of the definition pension benefit, a person who is entitled to the benefit. (prestataire)

  • Marginal note:Financial support order

    (2) For the purposes of this Part, the Minister shall disregard a component of a financial support order the dollar value of which cannot be readily ascertained from the financial support order itself or from the Minister’s records relating to the recipient’s pension benefit.

  • Marginal note:Interpretation of the provincial law

    (3) With respect to the expression “the law of that province” in paragraphs 36(c) and (e), where the law of the province refers to the percentage or the maximum percentage of a pension that is to be or may be garnisheed, attached or diverted, the reference to “pension”, or equivalent expression, in the law of the province shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section.

  • Marginal note:Interpretation of financial support orders

    (4) Where a financial support order is expressed in terms of a percentage of a recipient’s pension, the reference to “pension”, or equivalent expression, in the financial support order shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section.

  • R.S., 1985, c. G-2, s. 32
  • R.S., 1985, c. 3 (2nd Supp.), s. 29
  • 1997, c. 1, s. 32
  • 2000, c. 12, s. 120
  • 2019, c. 16, s. 105

Conditions for Diversion of Pension Benefits

Marginal note:Application for diversion

  •  (1) Subject to this Part and the regulations, a person named in a financial support order may make an application to the Minister for diversion of a pension benefit payable to a recipient if

    • (a) the order is valid and subsisting; and

    • (b) the person against whom the order has been made is a recipient.

  • Marginal note:Representation

    (2) The application may be made, in accordance with the regulations, on behalf of a person by any other person or by a provincial enforcement service.

  • Marginal note:Diversion of pension benefits

    (3) The Minister shall, not later than the first day of the fourth month after the month in which the Minister receives the duly completed application, divert an amount or amounts computed in accordance with sections 36 to 40 and the regulations from any net pension benefit that is payable to the recipient named in the application, and any amount so diverted shall be paid, subject to subsection (4), to the applicant, to any other person designated for that purpose in the financial support order or to a provincial enforcement service if the law of the province permits payment to it.

  • Marginal note:Where applicant under 18 years of age

    (4) Where, pursuant to this section, a diverted amount is to be paid to an applicant who is under eighteen years of age, payment thereof shall instead be made to the person having the custody and control of that applicant or, where there is no person having custody and control of that applicant, to such person as the Minister may direct.

  • R.S., 1985, c. G-2, s. 33
  • 2000, c. 12, s. 121
  • 2019, c. 16, s. 106
 
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