GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Garnishment, Attachment and Pension Diversion Act — G-2 12
Regulations 12 The Governor in Council may, on the recommendation of the Minister, make regulations (a) specifying the place where service of documents on Her Majesty 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 Her Majesty is deemed to be effected; (b) deeming, for the purposes of the definition salary in section 4, any amount to be or to have been excluded from a person’s salary; (b.1) specifying periods and circumstances for the purpose of subsection 6(3); (c) prescribing Crown corporations for the purposes of this Division; and (d) prescribing any other matters that are by this Division to be prescribed. R.S., 1985, c. G-2, s. 12 2019, c. 16, s. 90
Garnishment, Attachment and Pension Diversion Act — G-2 13
Information to be made available to public 13 The Minister shall cause information on the manner of commencing garnishment proceedings permitted by this Division to be made available throughout Canada in such a manner that the public will have reasonable access thereto. 1980-81-82-83, c. 100, s. 13
Garnishment, Attachment and Pension Diversion Act — G-2 14
Crown corporations 14 (1) Subject to subsection (2), in respect of moneys payable by Crown corporations not prescribed under paragraph 12(c) for the purposes of Division I, Her Majesty is bound by provincial garnishment law. Idem (2) In respect of Crown corporations to which subsection (1) applies that are prescribed under subsection (3) for the purposes of this subsection, Her Majesty is not bound by provincial garnishment law in relation to a “pension benefit” as defined in Part II. Regulations (3) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing Crown corporations for the purposes of subsection (2). 1980-81-82-83, c. 100, s. 14
Garnishment, Attachment and Pension Diversion Act — G-2 15
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 . R.S., 1985, c. G-2, s. 15 2019, c. 16, s. 91
Garnishment, Attachment and Pension Diversion Act — G-2 16
Definitions 16 In this Division, 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 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 ) prescribed means prescribed by regulations made under this Division; ( prescrit ou réglementaire ) salary means (a) in the case of a member of the Senate or House of Commons, all moneys payable under the Parliament of Canada Act , the Salaries Act and any appropriation Act, other than moneys not included in computing the member’s income for the purposes of Part I of the Income Tax Act , or (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, (i) the basic pay payable to a person for the performance of the regular duties of a position or office, and (ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity, excluding any amount deemed to be or to have been excluded from that person’s salary pursuant to regulations made under paragraph 24(b). ( traitement ) R.S., 1985, c. G-2, s. 16; 2004, c. 7, s. 10; 2006, c. 9, s. 10; 2015, c. 36, s. 127; 2017, c. 20, s. 162 2019, c. 16, s. 93
Garnishment, Attachment and Pension Diversion Act — G-2 (a)
salary means (a) in the case of a member of the Senate or House of Commons, all moneys payable under the Parliament of Canada Act , the Salaries Act and any appropriation Act, other than moneys not included in computing the member’s income for the purposes of Part I of the Income Tax Act , or (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, (i) the basic pay payable to a person for the performance of the regular duties of a position or office, and (ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity, excluding any amount deemed to be or to have been excluded from that person’s salary pursuant to regulations made under paragraph 24(b). ( traitement )
Garnishment, Attachment and Pension Diversion Act — G-2 17
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 (a) salaries; and (b) remuneration to persons, excluding corporations, as fees, honoraria or other payments of like import, in respect of any office or position or in respect of the performance of any services. R.S., 1985, c. G-2, s. 17; 2004, c. 7, s. 11; 2006, c. 9, s. 11; 2015, c. 36, s. 128; 2017, c. 20, s. 163 2019, c. 16, s. 94
Garnishment, Attachment and Pension Diversion Act — G-2 18
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. 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. 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. R.S., 1985, c. G-2, s. 18; 1997, c. 1, s. 29; 2004, c. 7, s. 12; 2006, c. 9, s. 12; 2015, c. 36, s. 129; 2017, c. 20, s. 164 2019, c. 16, s. 95
Garnishment, Attachment and Pension Diversion Act — G-2 19
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. 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. R.S., 1985, c. G-2, s. 19; 2004, c. 7, s. 12; 2006, c. 9, s. 12; 2015, c. 36, s. 130; 2017, c. 20, s. 165 2019, c. 16, s. 95
Garnishment, Attachment and Pension Diversion Act — G-2 21
Moneys bound by service of garnishee summons 21 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid to the debtor named in the garnishee summons: (a) in the case of a salary, (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 (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or (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. R.S., 1985, c. G-2, s. 21; 1997, c. 1, s. 30; 2004, c. 7, s. 13; 2006, c. 9, s. 13; 2015, c. 36, s. 131; 2017, c. 20, s. 166 2019, c. 16, s. 96
Garnishment, Attachment and Pension Diversion Act — G-2 22
Time period to respond to garnishee summons 22 The parliamentary entity has the following time period within which to respond to a garnishee summons: (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 (b) in the case of remuneration described in paragraph 17(b), fifteen days, or such lesser number of days as is prescribed, after the day on which the remuneration is garnisheed. R.S., 1985, c. G-2, s. 22; 1997, c. 1, s. 30; 2004, c. 7, s. 14; 2006, c. 9, s. 14; 2015, c. 36, s. 132; 2017, c. 20, s. 167 2019, c. 16, s. 97
Garnishment, Attachment and Pension Diversion Act — G-2 23
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. 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. 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. 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. 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. 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. R.S., 1985, c. G-2, s. 23; 1997, c. 1, s. 31; 2004, c. 7, s. 15; 2006, c. 9, s. 15; 2015, c. 36, s. 133; 2017, c. 20, s. 168 2019, c. 16, s. 98
Garnishment, Attachment and Pension Diversion Act — G-2 24
Regulations 24 The Governor in Council may, on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations (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; (b) deeming, for the purposes of the definition salary in section 16, any amount to be or to have been excluded from a person’s salary; (b.1) specifying periods and circumstances for the purpose of subsection 18(3); and (c) prescribing any other matters that are by this Division to be prescribed. R.S., 1985, c. G-2, s. 24; 2004, c. 7, s. 16; 2006, c. 9, s. 16; 2015, c. 36, s. 134; 2017, c. 20, s. 169 2019, c. 16, s. 99
Garnishment, Attachment and Pension Diversion Act — G-2 25
Information to be made available to public 25 The Speaker of the Senate and the Speaker of the House of Commons shall cause information on the manner of commencing garnishment proceedings permitted by this Division to be made available throughout Canada in such a manner that the public will have reasonable access thereto. 1980-81-82-83, c. 171, s. 5
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No execution 26 No execution shall issue on an order made against a parliamentary entity in garnishment proceedings permitted by this Part. R.S., 1985, c. G-2, s. 26; 2004, c. 7, s. 17; 2006, c. 9, s. 17; 2015, c. 36, s. 135; 2017, c. 20, s. 170 2019, c. 16, s. 100
Garnishment, Attachment and Pension Diversion Act — G-2 27
Inconsistency between federal and provincial law 27 In the event of any inconsistency between this Part, any other Act of Parliament or a regulation made under this Part or under any other Act of Parliament, and the provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency. 1980-81-82-83, c. 100, s. 17
Garnishment, Attachment and Pension Diversion Act — G-2 27.1
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. 2019, c. 16, s. 101
Garnishment, Attachment and Pension Diversion Act — G-2 27.2
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. 2019, c. 16, s. 101
Garnishment, Attachment and Pension Diversion Act — G-2 28
No execution against Her Majesty 28 No execution shall issue on an order made against Her Majesty in garnishment proceedings permitted by this Part. R.S., 1985, c. G-2, s. 28 2019, c. 16, s. 101
Garnishment, Attachment and Pension Diversion Act — G-2 29
Regulations 29 The Governor in Council may, (a) on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of Divisions I, II and III; and (b) on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations generally for carrying out the purposes and provisions of Division IV. 1980-81-82-83, c. 100, s. 19, c. 171, s. 7
Garnishment, Attachment and Pension Diversion Act — G-2 30
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. R.S., 1985, c. G-2, s. 30 2019, c. 16, s. 102(E)
Garnishment, Attachment and Pension Diversion Act — G-2 31
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. R.S., 1985, c. G-2, s. 31 2019, c. 16, s. 104
Garnishment, Attachment and Pension Diversion Act — G-2
applicant means a person by or on behalf of whom an application is made to the Minister for a diversion of a pension benefit under this Part; ( requérant )
Garnishment, Attachment and Pension Diversion Act — G-2
application [Repealed, 2019, c. 16, s. 105]
Garnishment, Attachment and Pension Diversion Act — G-2
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 )
Garnishment, Attachment and Pension Diversion Act — G-2
Minister means the Minister or Ministers designated under section 40.2; ( ministre )
Garnishment, Attachment and Pension Diversion Act — G-2
net pension benefit means a pension benefit minus the prescribed deductions; ( prestation nette de pension )
Garnishment, Attachment and Pension Diversion Act — G-2 (a)
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 )
Garnishment, Attachment and Pension Diversion Act — G-2
prescribed means prescribed by regulation made under this Part; ( prescrit ou réglementaire )
Garnishment, Attachment and Pension Diversion Act — G-2 (a)
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 )
Garnishment, Attachment and Pension Diversion Act — G-2 33
Application for diversion 33 (1) Subject to this Part and the regulations, a person named in a financial support order may make an application to the Minister for diversion of a pension benefit payable to a recipient if (a) the order is valid and subsisting; and (b) the person against whom the order has been made is a recipient. Representation (2) The application may be made, in accordance with the regulations, on behalf of a person by any other person or by a provincial enforcement service. Contents of application (2.1) The application must contain the prescribed information and be accompanied by the prescribed documents. Arrears of maintenance, alimony or support (2.2) A provincial enforcement service may, in respect of an application referred to in subsection (1), submit a document to the Minister that sets out a recipient’s arrears of maintenance, alimony or support and any prescribed information. Diversion of pension benefits (3) The Minister shall, not later than the first day of the fourth month after the month in which the Minister receives the duly completed application, divert an amount or amounts computed in accordance with sections 36 to 40 and the regulations from any net pension benefit that is payable to the recipient named in the application, and any amount so diverted shall be paid, subject to subsection (4), to the applicant, to any other person designated for that purpose in the financial support order or to a provincial enforcement service if the law of the province permits payment to it. Where applicant under 18 years of age (4) Where, pursuant to this section, a diverted amount is to be paid to an applicant who is under eighteen years of age, payment thereof shall instead be made to the person having the custody and control of that applicant or, where there is no person having custody and control of that applicant, to such person as the Minister may direct. R.S., 1985, c. G-2, s. 33; 2000, c. 12, s. 121 2019, c. 16, s. 106
Garnishment, Attachment and Pension Diversion Act — G-2 34
Minister to notify recipient where a diversion is to be made 34 (1) Forthwith after receiving a duly completed application, the Minister shall cause a written notification, containing the prescribed information, to be sent in prescribed manner to the recipient named in the application, at the recipient’s latest known address, advising that an application for diversion of the recipient’s pension benefit has been received and that a diversion will be made in accordance with this Part. Recipient deemed to have received notification (2) The notification required under subsection (1) shall be deemed to have been received by the recipient one month after it has been sent to the recipient. 1980-81-82-83, c. 100, s. 24
Garnishment, Attachment and Pension Diversion Act — G-2 35
Conditions for diversion of pension benefits 35 No diversion of pension benefits under this Part shall be made unless the amount to be diverted is at least (a) twenty-five dollars per annum, in the case of periodic diversion payments; or (b) twenty-five dollars, in the case of a lump sum diversion payment. R.S., 1985, c. G-2, s. 35; 1997, c. 1, s. 33