Garnishment, Attachment and Pension Diversion Act (R.S.C., 1985, c. G-2)

Act current to 2018-07-05 and last amended on 2017-09-21. Previous Versions

Marginal note:Financial support order for lump sum and periodic payments vs. lump sum pension benefit

 Where a financial support order provides for a lump sum payment and periodic payments and the recipient’s pension benefit consists only of a lump sum, the two components of the financial support order shall be treated as follows:

  • (a) the lump sum component of the financial support order shall be dealt with in accordance with the rules in paragraphs 36(c) to (g); and

  • (b) where the maximum that could be diverted pursuant to paragraph (a) as a result of the application of the rules in paragraphs 36(c) to (g) exceeds the amount actually diverted pursuant to paragraph (a), then, in respect of that excess, section 39 applies, with such modifications as the circumstances require, to the periodic component of the financial support order.

  • R.S., 1985, c. G-2, s. 40;
  • 1997, c. 1, s. 37.
Marginal note:Arrears of payment of support

 Notwithstanding paragraph 36(d), (f) or (g), subsection 37(2) or section 38, 39 or 40, where the financial support order is an order or judgment for arrears of payments, the amount to be diverted may exceed fifty per cent of the recipient’s net pension benefit.

  • 1997, c. 1, s. 38.

General

Marginal note:Application for change in amount being diverted or for termination of diversion
  •  (1) Where a diversion is being carried out, either the applicant or the recipient may at any time apply to the Minister, in accordance with the regulations made under paragraph 46(c), for a variation in the amount being diverted or for termination of the diversion.

  • Marginal note:When variation or termination effective

    (2) Notwithstanding a recipient’s entitlement under an enactment referred to in the schedule, a variation or termination of a diversion pursuant to an application under subsection (1) is effective only as of the first day of the month following the month in which the Minister receives the duly completed application for variation or termination, as the case may be.

  • 1980-81-82-83, c. 100, s. 31.
Marginal note:Errors in amounts paid
  •  (1) Where a diversion payment made to an applicant is less than the amount that should have been paid to the applicant pursuant to this Part, the amount of the deficiency

    • (a) to the extent that it was in error paid to the recipient, becomes a debt due to Her Majesty by the recipient, and may be recovered from the recipient at any time by set-off against future pension benefits to be paid to the recipient; and

    • (b) to the extent that it was in error retained by Her Majesty, becomes a debt due to the applicant by Her Majesty.

  • Marginal note:Idem

    (2) Where a diversion payment made to an applicant is greater than the amount that should have been paid to the applicant pursuant to this Part, the amount of the excess becomes a debt due to Her Majesty by the applicant, and may be recovered from the applicant at any time by set-off against future diversion payments to be paid to the applicant under this Part.

  • 1980-81-82-83, c. 100, s. 32.
Marginal note:Where diversion is less than $10 per month

 Where periodic diversion payments under this Part are less than ten dollars per month, the Minister may direct that they be paid in arrears, in equal instalments, either quarterly, semi-annually or annually.

  • 1980-81-82-83, c. 100, s. 33.
Marginal note:Death of recipient

 Periodic diversion payments shall terminate at the end of the month in which the recipient dies.

  • 1980-81-82-83, c. 100, s. 34.
Marginal note:Offence

 Every person who makes a false or misleading representation to the Minister in any application or other proceeding under this Part is guilty of an offence punishable on summary conviction.

  • 1980-81-82-83, c. 100, s. 35.
Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) respecting the making of applications by one person on behalf of another, and respecting the payment of diverted amounts to one person for the benefit of another;

  • (b) respecting the amount or amounts to be diverted from a recipient’s net pension benefit and the procedure to be followed in any situation not dealt with in sections 36 to 40;

  • (b.1) respecting the provision of information for the purposes of section 35.3;

  • (c) respecting the grounds for, and the procedure relating to applications for, variations in the amount being diverted or for termination of a diversion;

  • (d) prescribing anything that by this Part is to be prescribed; and

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

  • R.S., 1985, c. G-2, s. 46;
  • 1997, c. 1, s. 39.
Marginal note:Information to be made available to the public

 The Minister shall cause information on the manner of applying for a diversion under this Part 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. 37.
 
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