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Garnishment and Attachment Regulations (SOR/83-212)

Regulations are current to 2023-01-25 and last amended on 2020-12-23. Previous Versions

Garnishment and Attachment Regulations

SOR/83-212

GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT

Registration 1983-03-04

Garnishment and Attachment Regulations

P.C. 1983-658 1983-03-03

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 9, 12, 14, and 19 of the Garnishment, Attachment and Pension Diversion ActFootnote *, is pleased hereby to make the annexed Regulations respecting garnishment and attachment proceedings.

 [Repealed, SOR/2020-265, s. 2]

Definition

 In these Regulations, Act means the Garnishment, Attachment and Pension Diversion Act.

Information to Be Contained in a Garnishment Application

 An application referred to in subsection 6(1) or 18(1) of the Act shall be in the form set out in the schedule.

Service of Documents

  •  (1) Subject to subsections (2) and (3), service of documents on Her Majesty in connection with garnishment proceedings permitted by Division I of Part I of the Act must be effected at the following places:

    • (a) if the garnishee summons is issued in Newfoundland and Labrador,

      • Garnishment Registry
      • Department of Justice

      284 Wellington Street

      Ottawa, Ontario K1A 0H8;

    • (b) if the garnishee summons is issued in Prince Edward Island,

      • Garnishment Registry
      • Department of Justice
      • Legal Services Unit
      • 161 Grafton Street
      • Internal Box 014
      • Charlottetown, Prince Edward Island C1A 8M9;
    • (c) if the garnishee summons is issued in Nova Scotia,

      • Garnishment Registry
      • Department of Justice
      • Atlantic Regional Office
      • Suite 1400, Duke Tower
      • 5251 Duke Street
      • Halifax, Nova Scotia B3J 1P3;
    • (d) if the garnishee summons is issued in New Brunswick,

      • Garnishment Registry
      • Department of Justice
      • 284 Wellington Street
      • Ottawa, Ontario K1A 0H8;
    • (e) subject to paragraph (f), if the garnishee summons is issued in Quebec,

      • Garnishment Registry
      • Department of Justice
      • Quebec Regional Office — Montréal
      • East Tower, 9th Floor
      • 200 René-Lévesque Boulevard West
      • Montréal, Quebec H2Z 1X4;
    • (f) if the garnishee summons is issued in Quebec, either in the National Capital Region described in the schedule to the National Capital Act or by the provincial enforcement service in relation to an order made in the National Capital Region or outside Quebec for the payment of maintenance, alimony or support,

      • Garnishment Registry
      • Department of Justice
      • 284 Wellington Street
      • Ottawa, Ontario K1A 0H8;
    • (g) subject to paragraph (h), if the garnishee summons is issued in Ontario,

      • Garnishment Registry
      • Department of Justice
      • Ontario Regional Office, Toronto
      • Suite 400
      • 120 Adelaide Street West
      • Toronto, Ontario M5H 1T1;
    • (h) if the garnishee summons is issued in Ontario, either in the Northwest Region, Northeast Region, East Region or Central East Region prescribed under the Courts of Justice Act, R.S.O. 1990, c. C.43, or by the provincial enforcement service in relation to an order made in one of those regions or outside Ontario for the payment of maintenance, alimony or support,

      • Garnishment Registry
      • Department of Justice
      • 284 Wellington Street
      • Ottawa, Ontario K1A 0H8;
    • (i) if the garnishee summons is issued in Manitoba,

      • Garnishment Registry
      • Department of Justice
      • Prairie Region — Winnipeg Office
      • Suite 301, Centennial House
      • 310 Broadway Avenue
      • Winnipeg, Manitoba R3C 0S6;
      • [The address for the garnishment registry in Winnipeg recently changed. These regulations will be updated as soon as possible to reflect that change. In the meantime, you can find the correct address here: https://www.justice.gc.ca/eng/fl-df/enforce-execution/garn-gref.html#ma1.]
    • (j) if the garnishee summons is issued in Saskatchewan,

      • Garnishment Registry
      • Department of Justice
      • Prairie Region — Saskatoon Office
      • Suite 410
      • 410 - 22nd Street East
      • Saskatoon, Saskatchewan S7K 5T6;
    • (k) if the garnishee summons is issued in Alberta,

      • Garnishment Registry
      • Department of Justice
      • Prairie Region — Edmonton Office
      • Suite 300, EPCOR Tower
      • 10423-101 Street
      • Edmonton, Alberta T5H 0E7;
    • (l) if the garnishee summons is issued in British Columbia,

      • Garnishment Registry
      • Department of Justice
      • British Columbia Regional Office
      • Suite 900
      • 840 Howe Street
      • Vancouver, British Columbia V6Z 2S9; and
    • (m) if the garnishee summons is issued in Yukon, the Northwest Territories or Nunavut,

      • Garnishment Registry
      • Department of Justice
      • 284 Wellington Street
      • Ottawa, Ontario K1A 0H8.
    • (n) [Repealed, SOR/2020-265, s. 4]

    • (o) [Repealed, SOR/2020-265, s. 4]

  • (2) If the garnishment proceedings are in respect of a debtor who receives salary or remuneration from the Department of Justice, the Public Prosecution Service of Canada or a court, is a judge or prothonotary to whom the Judges Act applies or is a person appointed by a Minister under section 128 of the Public Service Employment Act, service of documents must be effected at the following place:

    • Garnishment Registry
    • Department of Justice
    • 284 Wellington Street
    • Ottawa, Ontario K1A 0H8.
  • (3) If the garnishment proceedings are in respect of a debtor who receives salary or remuneration from a Crown corporation listed in section 6, service of documents must be effected at the head office of the corporation.

  • SOR/84-47, s. 2
  • SOR/97-176, s. 3
  • SOR/2002-278, s. 5
  • SOR/2008-191, s. 1
  • SOR/2015-22, s. 2
  • SOR/2017-48, s. 1
  • SOR/2020-265, s. 4

 Service of documents on a parliamentary entity in connection with garnishment proceedings permitted by Division IV of Part I of the Act must be effected at the following places:

  • (a) in the case of the Senate,

    • Garnishment Registry
    • Senate
    • Office of the Law Clerk and Parliamentary Counsel
    • Parliament Buildings
    • Ottawa, Ontario K1A 0A4;
  • (b) in the case of the House of Commons,

    • Garnishment Registry
    • House of Commons
    • Office of the Law Clerk and Parliamentary Counsel
    • Room 7-02
    • 131 Queen Street
    • Ottawa, Ontario K1A 0A6;
  • (c) in the case of the Library of Parliament,

    • Garnishment Registry
    • Library of Parliament
    • Ottawa, Ontario K1A 0A9;
  • (d) in the case of the office of the Senate Ethics Officer,

    • Garnishment Registry
    • Office of the Senate Ethics Officer
    • Room 526
    • 90 Sparks Street
    • Ottawa, Ontario K1P 5B4;
  • (e) in the case of the office of the Conflict of Interest and Ethics Commissioner,

    • Garnishment Registry
    • Office of the Conflict of Interest and Ethics Commissioner
    • Parliament of Canada
    • Centre Block
    • P.O. Box 16
    • Ottawa, Ontario K1A 0A6;
  • (f) in the case of the Parliamentary Protective Service,

    • Garnishment Registry
    • Parliamentary Protective Service
    • Office of the Chief Legal Counsel
    • Room 505
    • 155 Queen Street
    • Ottawa, Ontario K1A 0B8; and
  • (g) in the case of the office of the Parliamentary Budget Officer,

    • Garnishment Registry
    • Office of the Parliamentary Budget Officer
    • Room 914
    • 99 Bank Street
    • Ottawa, Ontario K1A 0A9.
  • SOR/84-47, s. 3
  • SOR/97-176, s. 4
  • SOR/2002-278, s. 6
  • SOR/2005-53, s. 1
  • SOR/2008-191, s. 2
  • SOR/2015-22, s. 2
  • SOR/2017-48, s. 2
  • SOR/2020-265, s. 5
  •  (1) Service in accordance with sections 4 and 4.1 may be effected by mail, registered mail or any means of electronic communication that is agreed to by the recipient.

  • (2) Service in accordance with sections 4 and 4.1 is deemed to be effected

    • (a) in the case of service by fax or another means of electronic communication, on the day on which it is received, unless it is received after 5:00 p.m. local time or on a day that is a Saturday or a holiday, in which case service is deemed to be effected the following day that is not a Saturday or a holiday; and

    • (b) in the case of service by mail or registered mail, on the day on which it is received.

Method of Response

[
  • SOR/2020-265, s. 7(F)
]
  •  (1) Her Majesty or a parliamentary entity may respond to a garnishee summons by notice indicating

    • (a) the debtor’s name;

    • (b) the file reference number assigned by the issuer of the garnishee summons;

    • (c) the amount being garnished, if any; and

    • (d) if applicable, the date on which garnishment was or will be interrupted or terminated and the reason for the interruption or termination.

  • (2) The notice may be sent by mail, registered mail or any means of electronic communication.

 
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