An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (S.C. 2019, c. 16)
Full Document:
- HTMLFull Document: An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act [1448 KB]
Assented to 2019-06-21
R.S., c. G-2Garnishment, Attachment and Pension Diversion Act (continued)
90 (1) Section 12 of the Act is amended by adding the following after paragraph (a):
(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;
(2) Section 12 of the Act is amended by adding the following after paragraph (b):
(b.1) specifying periods and circumstances for the purpose of subsection 6(3);
91 Section 15 of the Act is replaced by the following:
Marginal note:Canadian Forces
15 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.
Marginal note:2015, c. 36, s. 126
92 The heading of Division IV of Part I of the Act is replaced by the following:
Parliamentary Entities
93 (1) The definition prescrit ou réglementaire in section 16 of the French version of the Act is repealed.
(2) The definitions garnishee summons and pay period in section 16 of the Act are replaced by the following:
- 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)
Marginal note:2017, c. 20, s. 162
(3) The portion of paragraph (b) of the definition salary in section 16 of the Act before subparagraph (i) is replaced by the following:
(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,
Marginal note:2017, c. 20, s. 163
94 The portion of section 17 of the Act before paragraph (a) is replaced by the following:
Marginal note:Garnishment of salaries, remuneration
17 Each parliamentary entity is, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of
Marginal note:2006, c. 9, s.12; 2017, c. 20, ss. 164 and 165
95 Sections 18 and 19 of the Act are replaced by the following:
Marginal note:Service binding
18 (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.
Marginal note:Place of service
19 (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.
Marginal note:2006, c.9, s.13; 2017, c.20, s.166(1)(F)
96 (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 à une entité parlementaire du bref de saisie-arrêt frappe d’indisponibilité les sommes suivantes dont l’entité en question est redevable envers le débiteur mentionné dans le bref :
Marginal note:2006, c. 9, s. 13; 2017, c. 20, s. 166(2)
(2) Subparagraph 21(a)(i) of the Act is replaced by the following:
(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
Marginal note:2006, c. 9, s. 13; 2017, c. 20, s. 166(3)(E)
(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 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.
Marginal note:2006, c. 9, s. 14; 2017, c. 20, s. 167(1)
97 (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 parliamentary entity has the following time period within which to respond to a garnishee summons:
Marginal note:2006, c. 9, s. 14; 2017, c. 20, s. 167(2)(E)
(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 parliamentary entity is bound by the garnishee summons; or
Marginal note:2006, c. 9, s. 15; 2017, c. 20, s. 168
98 Section 23 of the Act is replaced by the following:
Marginal note:Methods of response
23 (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.
Marginal note:2017, c. 20, s. 169
99 (1) Subsection 24(a) of the Act is replaced by the following:
(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;
(2) Section 24 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) specifying periods and circumstances for the purpose of subsection 18(3); and
Marginal note:2017, c. 20, s. 170
100 Section 26 of the Act is replaced by the following:
Marginal note:No execution
26 No execution shall issue on an order made against a parliamentary entity in garnishment proceedings permitted by this Part.
101 Section 28 of the Act is replaced by the following:
Marginal note:Ranking of Her Majesty
27.1 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.
Marginal note:Priority of garnishee summons
27.2 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.
Marginal note:No execution against Her Majesty
28 No execution shall issue on an order made against Her Majesty in garnishment proceedings permitted by this Part.
102 Section 30 of the English version of the Act is replaced by the following:
Marginal note:Prohibition
30 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.
103 The heading of Part II of the French version of the Act is replaced by the following:
Distraction de prestations de pension pour l’exécution d’ordonnances de soutien financier
104 Section 31 of the Act is replaced by the following:
Marginal note:Application
31 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.
Marginal note:1997, c. 1, s. 32(1)
105 (1) The definition application in subsection 32(1) of the Act is repealed.
(2) The definition prescrit ou réglementaire in subsection 32(1) of the French version of the Act is repealed.
Marginal note:1997, c. 1, s. 32; 2000, c. 12, s. 120
(3) The definitions financial support order, Minister, pension benefit and recipient in subsection 32(1) of the Act are replaced by the following:
- 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)
- Minister
Minister means the Minister or Ministers designated under section 40.2; (ministre)
- 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)
- 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)
(4) Subsection 32(1) of the Act is amended by adding the following in alphabetical order:
- Her Majesty
Her Majesty means Her Majesty in right of Canada; (Sa Majesté)
- 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)
Page Details
- Date modified: