Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

Marginal note:Release of information by Minister

19.1 Subject to section 20, the Minister shall release to the applicant the information transmitted to the Minister under this Part.

Marginal note:Safeguards — provincial entities

• 20 (1) The Minister shall release information under this Part to an applicant that is a provincial enforcement service, a provincial child support service, a designated authority or a central authority only if the province of the applicant has entered into an agreement under section 3 and the Minister is satisfied that the safeguards provided for in the agreement are in place.

• Marginal note:Safeguards — peace officer

  (2) The Minister shall release information under this Part to an applicant who is a peace officer only if the police force to which the officer belongs has entered into an agreement under section 5.1 and the Minister is satisfied that the safeguards provided for in the agreement are in place.

Marginal note:Search request — Minister’s own initiative

20.1 If a search request is made by the Minister on the Minister’s own initiative under subsection 17(2), the Minister may release the information to a person that the Minister considers appropriate.

Marginal note:Exception for security name changes

21 No information may be released under this Part in respect of any person whose identity has been changed for security or law enforcement purposes.

Regulations

Marginal note:Regulations by Governor in Council

• 22 (1) Subject to subsection (2), the Governor in Council may make regulations

  • (a) prescribing the information that must be contained in an application for the release of information under this Part;

  • (a.1) prescribing the time and manner in which an application for the searching of information banks and the release of information under this Part may be made;

  • (b) designating the information banks that may be searched under this Part and the information bank directors for those information banks;

  • (c) setting out the time and manner in which searches for information under this Part are to be conducted;

  • (d) prescribing the conditions under which information may be released under section 18 by one information bank director to another or to the Minister;

  • (d.1) prescribing the information that is released to an applicant under this Part, which information may vary according to the applicant to whom the information is released;

  • (e) establishing the procedures to be followed for the transmission to the Minister of information found in any information bank searched under this Part;

  • (e.1) respecting the time and manner in which the Minister must send a copy of an order and a notice under section 12.1;

  • (e.2) prescribing or providing for anything that by this Part is to be prescribed or provided for by the regulations; and

  • (f) generally, for carrying out the purposes and provisions of this Part.

• Marginal note:Limitation

  (2) Regulations with respect to the release of taxpayer information, as defined in section 241 of the Income Tax Act, may be made under subsection (1) only on the recommendation of the Minister with the concurrence of the Minister of Finance.

PART IIGarnishment of Federal Moneys to Satisfy Orders

Interpretation

Marginal note:Definitions

• 23 (1) In this Part,

  garnishable moneys

  garnishable moneys means moneys authorized to be paid by Her Majesty by or under such Acts of Parliament or provisions thereof or programs thereunder as are designated by the regulations; (sommes saisissables)

  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)

  garnishment

  garnishment includes attachment; (Version anglaise seulement)

  Her Majesty

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

  judgment debtor

  judgment debtor means a person named in a garnishee summons in respect of whom garnishable moneys are sought to be garnisheed under this Part; (débiteur)

  Minister

  Minister means the Minister of Justice; (ministre)

  provincial enforcement service

  provincial enforcement service has the same meaning as in section 2; (autorité provinciale)

  provincial garnishment law

  provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of orders; (droit provincial en matière de saisie-arrêt)

  support order

  support order means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province; (ordonnance alimentaire)

  support provision

  support provision means a provision in an agreement relating to the payment of maintenance or family financial support that is enforceable by a garnishee summons under provincial garnishment law. (entente alimentaire)

• Marginal note:Refund of tax payable to client not discounter

  (2) Notwithstanding the acquisition by a discounter from a client of a right to a refund of tax for the purposes of the Tax Rebate Discounting Act, the refund of tax remains, for the purposes of this Part, payable to the client and not the discounter.

Garnishment of Her Majesty

Marginal note:Her Majesty may be garnisheed

24 Notwithstanding any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of support orders and support provisions, be garnisheed in accordance with this Part in respect of all garnishable moneys.

Marginal note:Provincial garnishment law applies

25 Subject to section 26 and any regulations made under this Part, garnishment under this Part shall be in accordance with provincial garnishment law.

Marginal note:Inconsistencies with provincial garnishment law

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

Marginal note:Location of garnishable moneys

27 For the purposes of this Part, garnishable moneys are deemed to be located in the province in which a garnishee summons is issued in respect of the moneys.

Garnishee Summons

Marginal note:Service binds Her Majesty for five years

28 Subject to this Part and the regulations, service of the following documents on the Minister, namely,

• (a) a garnishee summons, and

• (b) [Repealed, 1997, c. 1, s. 21]

• (c) an application in the form prescribed by the regulations,

binds Her Majesty for five years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.

Marginal note:Calculation of five year period

29 For the purposes of section 28, the five year period referred to in that section commences on the expiration of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.

Garnishee Summons of Continuing Effect

Marginal note:Her Majesty no longer bound

30 A garnishee summons against a judgment debtor ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.

31 [Repealed, 2019, c. 16, s. 55]

Service of Documents

Marginal note:Time of service

32 A garnishee summons served on the Minister has effect only if it is served on the Minister in the first thirty days following the first day on which it could have been validly served on the Minister.

Marginal note:Place of service

33 Service of documents on the Minister in connection with garnishment proceedings permitted by this Part must be effected at the place specified in the regulations.

Marginal note:Method of service

34 In addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by any method prescribed by the regulations.

35 [Repealed, 2019, c. 16, s. 56]

Administrative Procedures

Marginal note:Notice to ministers

36 Immediately after being served with the documents referred to in section 28, the Minister shall notify every minister who is responsible for garnishable moneys of the service of the documents and shall provide them with the information that may be necessary to assist them in determining whether any garnishable moneys are payable to the judgment debtor.

Marginal note:Initial report by ministers

37 Immediately after being notified under section 36, each minister who is responsible for garnishable moneys shall report to the Minister on whether those moneys are payable or are foreseeably payable to the judgment debtor.

Marginal note:Demand under Income Tax Act

37.1 For the purposes of section 37, if the Minister of National Revenue knows or suspects that garnishable moneys would be payable to a judgment debtor were the debtor to file a return of income for a taxation year, that Minister may, in accordance with subsection 150(2) of the Income Tax Act, demand that the debtor file a return of income for that taxation year.