Garnishment, Attachment and Pension Diversion Act — G-2 32
Definitions 32 (1) In this Part, 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an application is made to the Minister for a diversion of a pension benefit under this Part; ( requérant ) application [Repealed, 2019, c. 16, s. 105] financial support order means, subject to subsection (2), an order, judgment, decision or agreement for maintenance, alimony or support —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 ) Her Majesty means Her Majesty in right of Canada; ( Sa Majesté ) Minister means the Minister or Ministers designated under section 40.2; ( ministre ) net pension benefit means a pension benefit minus the prescribed deductions; ( prestation nette de pension ) 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 ) prescribed means prescribed by regulation made under this Part; ( prescrit ou réglementaire ) provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act ; ( autorité provinciale ) 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 ) Financial support order (2) For the purposes of this Part, the Minister shall disregard a component of a financial support order the dollar value of which cannot be readily ascertained from the financial support order itself or from the Minister’s records relating to the recipient’s pension benefit. Interpretation of the provincial law (3) With respect to the expression “the law of that province” in paragraphs 36(c) and (e), where the law of the province refers to the percentage or the maximum percentage of a pension that is to be or may be garnisheed, attached or diverted, the reference to “pension”, or equivalent expression, in the law of the province shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section. Interpretation of financial support orders (4) Where a financial support order is expressed in terms of a percentage of a recipient’s pension, the reference to “pension”, or equivalent expression, in the financial support order shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section. R.S., 1985, c. G-2, s. 32; R.S., 1985, c. 3 (2nd Supp.), s. 29; 1997, c. 1, s. 32; 2000, c. 12, s. 120 2019, c. 16, s. 105