Consequential Amendments

R.S., c. C-10Canada Post Corporation Act

123. Subsection 35(2) of the Canada Post Corporation Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

124. Subsection 2(2) of the Federal Courts Act is replaced by the following:

R.S., c. F-11Financial Administration Act

• 125. (1) Paragraph (c) of the definition “appropriate Minister” in section 2 of the Financial Administration Act is replaced by the following:

  • (c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament and the Parliamentary Protective Service, the Speakers of the Senate and the House of Commons,

• (2) Paragraph (c) of the definition “department” in section 2 of the Act is replaced by the following:

  • (c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner and Parliamentary Protective Service, and

R.S., c. G-2Garnishment, Attachment and Pension Diversion Act

126. The heading of Division IV of Part I of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

127. The portion of paragraph (b) of the definition “salary” in section 16 of the Act before subparagraph (i) is replaced by the following:

128. The portion of section 17 of the Act before paragraph (a) is replaced by the following:

• 129. (1) Subsection 18(1) of the Act is replaced by the following:

  Marginal note:Service binding

  • 18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, 15 days after the day on which those documents are served.

• (2) Subsection 18(2) of the English version of the Act is replaced by the following:

  • Marginal note:When service is effective

    (2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, in the first 30 days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be.

• 130. (1) Subsection 19(1) of the Act is replaced by the following:

  Marginal note:Place of service

  • 19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

• (2) Subsection 19(2) of the English version of the Act is replaced by the following:

  • Marginal note:Method of service

    (2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Office, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

• (3) Subsection 19(3) of the Act is replaced by the following:

  • Marginal note:If service by registered mail

    (3) If service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be.

• 131. (1) The portion of section 21 of the French version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Sommes frappées d’indisponibilité par la signification du bref de saisie-arrêt

  21. Pour les besoins de toute procédure de saisie-arrêt prévue par la présente section, la signification au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique, au bureau du commissaire aux conflits d’intérêts et à l’éthique ou au Service de protection parlementaire du bref de saisie-arrêt frappe d’indisponibilité les sommes suivantes dont l’un ou l’autre est redevable envers le débiteur mentionné dans le bref :

• (2) Subparagraph 21(a)(i) of the English version of the Act is replaced by the following:

  • (i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons, and

• (3) Paragraph 21(b) of the English version of the Act is replaced by the following:

  • (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 Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, 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 Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, 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 Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons.

• 132. (1) The portion of section 22 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Time period to respond to garnishee summons

  22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service has the following time period within which to respond to a garnishee summons:

• (2) Paragraph 22(a) of the English version of the Act is replaced by the following:

  • (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 Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service is bound by the garnishee summons; or

• 133. (1) Subsection 23(1) of the Act is replaced by the following:

  Marginal note:Method of response

  • 23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service may respond to a garnishee summons by registered mail or by any other method prescribed.

• (2) Subsection 23(2) of the English version of the Act is replaced by the following:

  • Marginal note:Response by registered mail

    (2) If the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service 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 Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, has responded to the garnishee summons.

• (3) Subsections 23(3) and (4) of the Act are replaced by the following:

  • Marginal note:Effect of payment into court

    (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service under this section is a good and sufficient discharge of liability, to the extent of the payment.

  • Marginal note:Recovery of overpayment to debtor

    (4) If, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, 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 becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

134. Paragraph 24(a) of the Act is replaced by the following:

135. Section 26 of the Act is replaced by the following:

R.S., c. G-5Government Employees Compensation Act

136. Paragraph (e) of the definition “employee” in section 2 of the Government Employees Compensation Act is replaced by the following:

R.S., c. P-36Public Service Superannuation Act

137. The definition “public service” in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

R.S., c. R-2; 1989, c. 17, s. 2Radiocommunication Act

• 138. (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

  Marginal note:Application to Her Majesty and Parliament

  • 3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner and Parliamentary Protective Service and on Her Majesty in right of a province.

• (2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exemptions

    (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

139. The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:

140. Paragraph 2(a) of the Act is replaced by the following:

141. The definition “employer” in section 3 of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):