GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Family Orders and Agreements Enforcement Assistance Act — F-1.4 23
Definitions 23 (1) In this Part, 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 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 includes attachment; ( Version anglaise seulement ) Her Majesty means Her Majesty in right of Canada; ( Sa Majesté ) 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 means the Minister of Justice; ( ministre ) provincial enforcement service has the same meaning as in section 2; ( autorité provinciale ) 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 means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province; ( ordonnance alimentaire ) 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 ) 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. R.S., 1985, c. 4 (2nd Supp.), s. 23; 1992, c. 1, s. 66; 1993, c. 8, s. 13(F) 2019, c. 16, s. 51
Family Orders and Agreements Enforcement Assistance Act — F-1.4
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 )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
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 )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
garnishment includes attachment; ( Version anglaise seulement )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
Her Majesty means Her Majesty in right of Canada; ( Sa Majesté )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
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 )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
provincial enforcement service has the same meaning as in section 2; ( autorité provinciale )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
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 )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
support order means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province; ( ordonnance alimentaire )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
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 )
Family Orders and Agreements Enforcement Assistance Act — F-1.4 24
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.
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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. R.S., 1985, c. 4 (2nd Supp.), s. 25; 1993, c. 8, s. 14
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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.
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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. R.S., 1985, c. 4 (2nd Supp.), s. 27 2019, c. 16, s. 53
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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. R.S., 1985, c. 4 (2nd Supp.), s. 28; 1993, c. 8, s. 15; 1997, c. 1, s. 21
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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. R.S., 1985, c. 4 (2nd Supp.), s. 29; 1993, c. 8, s. 15
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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. R.S., 1985, c. 4 (2nd Supp.), s. 30; 1993, c. 8, s. 15 2019, c. 16, s. 55
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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.
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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.
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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. R.S., 1985, c. 4 (2nd Supp.), s. 34 2019, c. 16, s. 56
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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. R.S., 1985, c. 4 (2nd Supp.), s. 36; 1993, c. 8, s. 16 2019, c. 16, s. 57
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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. R.S., 1985, c. 4 (2nd Supp.), s. 37 2019, c. 16, s. 57
Family Orders and Agreements Enforcement Assistance Act — F-1.4 37.1
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. 2019, c. 16, s. 57
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Obligation to monitor and report back 38 In addition to reporting under section 37, each minister responsible for garnishable moneys shall continue to monitor the payments of those moneys the entire time during which Her Majesty is bound in respect of payments thereof and report to the Minister whenever any payments to the judgment debtor become payable or foreseeably payable.
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Additional information with every report 39 When reporting that garnishable moneys are payable or are foreseeably payable to the judgment debtor, each minister shall also inform the Minister of the amounts payable and the times when those moneys became, or will become, payable.
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Right to search information banks 40 Subject to the regulations, the Minister and every minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of any judgment debtor. R.S., 1985, c. 4 (2nd Supp.), s. 40 2019, c. 16, s. 58
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Response time 41 The Minister, on behalf of Her Majesty, shall respond to every garnishee summons within the time prescribed by the regulations. R.S., 1985, c. 4 (2nd Supp.), s. 41 2019, c. 16, s. 59(F)
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Methods of response 42 In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by any method prescribed by the regulations. R.S., 1985, c. 4 (2nd Supp.), s. 42 2019, c. 16, s. 60
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Response by registered mail 43 Where the Minister 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 Minister has responded to the garnishee summons. R.S., 1985, c. 4 (2nd Supp.), s. 43 2019, c. 16, s. 61(F)
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Effect of payment into court 44 (1) A payment into court by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys. Effect of payment to provincial enforcement service (2) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys. R.S., 1985, c. 4 (2nd Supp.), s. 44 2019, c. 16, s. 62
Family Orders and Agreements Enforcement Assistance Act — F-1.4 45
Notice to judgment debtor 45 If a garnishee summons is served on the Minister under this Part, the Minister may notify the judgment debtor named in the garnishee summons of that service. R.S., 1985, c. 4 (2nd Supp.), s. 45; 1993, c. 8, s. 17 2019, c. 16, s. 63
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Payments to judgment debtor 49 If a judgment debtor is paid any garnishable moneys to which the judgment debtor is not entitled by reason of garnishment proceedings permitted under this Part, the amount that is paid is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor. R.S., 1985, c. 4 (2nd Supp.), s. 49 2019, c. 16, s. 64(E)
Family Orders and Agreements Enforcement Assistance Act — F-1.4 50
Payments to party that instituted proceedings 50 Subject to section 51, if garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to Her Majesty by that party and may be recovered as such in accordance with the Financial Administration Act or by way of deduction from, or set-off or compensation against, any garnishable moneys payable to or for the benefit of that party under this Part. R.S., 1985, c. 4 (2nd Supp.), s. 50 2019, c. 16, s. 65
Family Orders and Agreements Enforcement Assistance Act — F-1.4 51
Exception 51 Where it is determined that the reason for the payment of excess moneys referred to in section 50 is that the judgment debtor was not entitled to the garnishable moneys garnisheed under this Part, the amount of the excess is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the garnishable moneys garnisheed under this Part.
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Ranking of Her Majesty 52 When a judgment debtor is indebted to (a) Her Majesty, or (b) 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 behalf of the province, Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any garnishable moneys that are payable to the judgment debtor notwithstanding that a garnishee summons in respect of those moneys has been served on the Minister, and the amount of the indebtedness may be recovered or retained in any manner authorized by law. R.S., 1985, c. 4 (2nd Supp.), s. 52; 2001, c. 4, s. 81
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Multiple garnishee summonses 53 Where more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor and the garnishable moneys payable to the judgment debtor are insufficient to satisfy all the garnishee summonses, payment shall be made on a proportional basis.
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No execution against Her Majesty 54 No execution shall issue on a judgment given against Her Majesty in garnishment proceedings permitted by this Part.
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Garnishment, Attachment and Pension Diversion Act 55 In the event that a garnishee summons that binds Her Majesty may be honoured under this Part or the Garnishment, Attachment and Pension Diversion Act , the garnishee summons shall be honoured first under the Garnishment, Attachment and Pension Diversion Act and secondly under this Part.
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Prohibition on disentitlement 56 No person may be disentitled or disqualified in respect of any payment or future payment of garnishable moneys solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.
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Prohibition on dismissal 57 No person may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.
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Fee 58 A fee in the amount prescribed by the regulations is chargeable in respect of the processing of every garnishee summons served on the Minister.
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Chargeable against judgment debtor 59 Subject to any regulations respecting the remittance of the fee referred to in section 58, it is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by way of deduction from, or set-off or compensation against, any garnishable moneys payable to the judgment debtor. R.S., 1985, c. 4 (2nd Supp.), s. 59 2019, c. 16, s. 67
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Restriction 60 The fee referred to in section 58 may not be recovered out of any garnishable moneys to be used to honour a garnishee summons. R.S., 1985, c. 4 (2nd Supp.), s. 60 2019, c. 16, s. 68(F)
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Regulations 61 The Governor in Council may make regulations (a) designating Acts of Parliament, provisions thereof and programs thereunder for the purposes of the definition garnishable moneys ; (a.1) prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament, the provision of that Act or the program under that Act by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of orders; (b) prescribing the form of the application referred to in paragraph 28(c); (c) prescribing the period of time before which Her Majesty becomes bound by the service of the documents referred to in section 28; (c.1) specifying periods and circumstances for the purposes of section 30; (d) specifying the place where service of documents on the Minister must be effected in connection with garnishment proceedings permitted under this Part; (e) respecting the methods of service of documents and providing for the day on which service of documents on the Minister is deemed to be effected; (f) respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I; (g) respecting the methods by which the Minister may respond to garnishee summonses and prescribing the time within which the Minister must do so; (h) prescribing the form of the notification referred to in section 45 and the time within which and the manner in which it must be sent; (i) prescribing a fee in respect of the processing of garnishee summonses and the time and manner of collecting the fee; (j) respecting the remission, in whole or in part, of the fee referred to in section 58; and (k) generally, for carrying out the purposes and provisions of this Part. R.S., 1985, c. 4 (2nd Supp.), s. 61; 1993, c. 8, s. 18 2019, c. 16, s. 69
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Definitions 62 The definitions in this section apply in this Part. appropriate Minister means a minister of the Crown in right of Canada who is responsible for the issuance of any type or class of licence set out in the schedule. ( ministre compétent ) debtor means a person who is in arrears under a support order. ( débiteur ) licence means a licence, a permit, a certificate or an authorization of any kind, and includes a passport within the meaning of section 2 of the Canadian Passport Order . ( autorisation ) licence denial application means an application made under section 67. ( demande de refus d’autorisation ) Minister means the Minister of Justice. ( ministre ) persistent arrears , in respect of a support order, means (a) arrears in any amount due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order, or (b) accumulated arrears of $3,000 or more. ( être en défaut de façon répétée ) prescribed means prescribed by the regulations. ( Version anglaise seulement ) provincial enforcement service has the meaning assigned by section 2. ( autorité provinciale ) schedule licence means a licence of a type or class set out in the schedule. ( autorisation visée ) support order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province for maintenance, alimony or support. ( ordonnance alimentaire ) support provision [Repealed, 2019, c. 16, s. 70] R.S., 1985, c. 4 (2nd Supp.), s. 62; 1997, c. 1, s. 22 2019, c. 16, s. 70
Family Orders and Agreements Enforcement Assistance Act — F-1.4
appropriate Minister means a minister of the Crown in right of Canada who is responsible for the issuance of any type or class of licence set out in the schedule. ( ministre compétent )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
debtor means a person who is in arrears under a support order. ( débiteur )
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licence means a licence, a permit, a certificate or an authorization of any kind, and includes a passport within the meaning of section 2 of the Canadian Passport Order . ( autorisation )
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licence denial application means an application made under section 67. ( demande de refus d’autorisation )
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Minister means the Minister of Justice. ( ministre )
Family Orders and Agreements Enforcement Assistance Act — F-1.4 (a)
persistent arrears , in respect of a support order, means (a) arrears in any amount due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order, or (b) accumulated arrears of $3,000 or more. ( être en défaut de façon répétée )
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prescribed means prescribed by the regulations. ( Version anglaise seulement )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
provincial enforcement service has the meaning assigned by section 2. ( autorité provinciale )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
schedule licence means a licence of a type or class set out in the schedule. ( autorisation visée )
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support order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province for maintenance, alimony or support. ( ordonnance alimentaire )
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support provision [Repealed, 2019, c. 16, s. 70]
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Amendments to schedule 63 The Governor in Council may, by order, amend the schedule to add to or delete any type or class of licence that may be issued to an individual under an Act of Parliament or under a prerogative of the Crown. R.S., 1985, c. 4 (2nd Supp.), s. 63; 1997, c. 1, s. 22 2019, c. 16, s. 71
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Purpose of Part 64 The purpose of this Part is to help provincial enforcement services enforce support orders by providing for the denial of certain licences to debtors who are in persistent arrears. R.S., 1985, c. 4 (2nd Supp.), s. 64; 1997, c. 1, s. 22 2019, c. 16, s. 72
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Application of Part 65 This Part applies notwithstanding the provisions of any other Act of Parliament, of any regulation or order made under any other Act of Parliament or of any order made pursuant to a prerogative of the Crown respecting the issuance, renewal or suspension of licences. R.S., 1985, c. 4 (2nd Supp.), s. 65; 1997, c. 1, s. 22
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Royal prerogative 66 Nothing in this Part in any manner limits or affects Her Majesty’s royal prerogative with respect to passports. R.S., 1985, c. 4 (2nd Supp.), s. 66; 1997, c. 1, s. 22