R.S., c. G-2Garnishment, Attachment and Pension Diversion Act
Minister means the Minister or Ministers designated under section 48; (ministre)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
order means an agreement relating to maintenance, alimony or support, an order, a judgment or a decision — whether interim or final — that is enforceable in a province; (ordonnance)
- parliamentary entity
parliamentary entity means
- provincial enforcement service
provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale)
83 Section 3 of the Act and the heading before it are replaced by the following:
Marginal note:Garnishment permitted
3 Despite any law preventing the garnishment of Her Majesty or a parliamentary entity, both may be garnisheed under this Part.
Marginal note:Garnishment under Acts of Parliament
3.1 For greater certainty, Her Majesty and parliamentary entities are bound by the law relating to garnishment provided under any Act of Parliament.
(2) The definitions garnishee summons and pay period in section 4 of the Act are replaced by the following:
- 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)
- pay period
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)
Marginal note:1997, c. 1, s. 25
85 Section 6 of the Act is replaced by the following:
Marginal note:Service binds Her Majesty
6 (1) Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds Her Majesty 15 days after the day on which those documents are served.
Marginal note:When service is effective
(2) A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first 45 days following the first day on which it could have been validly served on Her Majesty.
Marginal note:Her Majesty no longer bound
(3) The garnishee summons ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.
Marginal note:Lieu de la signification
7 (1) Les documents relatifs à une saisie-arrêt prévue par la présente section doivent être signifiés à Sa Majesté au lieu indiqué dans les règlements.
(2) Subsections 7(2) and (3) of the Act are replaced by the following:
Marginal note:Method of service on Her Majesty
(2) In addition to any method of service permitted by the law of a province, service of documents on Her Majesty under subsection (1) may be effected by any prescribed method.
Marginal note:1997, c. 1, s. 26
87 Subparagraph 8(a)(i) of the Act is replaced by the following:
(i) the salary to be paid, no later than the last day of the second pay period following the pay period in which Her Majesty is bound by the garnishee summons, and
Marginal note:1997, c. 1, s. 27
88 The portion of section 10 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Délai imparti à Sa Majesté pour donner suite
10 Sa Majesté dispose, pour donner suite au bref de saisie-arrêt, des délais suivants :
Marginal note:Methods of response
11 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by any prescribed method.
(2) Subsection 11(2) of the French version of the Act is replaced by the following:
Marginal note:Donner suite par courrier recommandé
(2) Si Sa Majesté donne suite à un bref de saisie-arrêt par courrier recommandé, le récépissé conforme aux règlements pris, en matière de courrier recommandé, en vertu de la Loi sur la Société canadienne des postes est admissible en preuve et établit, sauf preuve contraire, qu’elle y a donné suite.
Marginal note:1997, c. 1, s. 28
(3) Subsections 11(3) and (4) of the Act are replaced by the following:
Marginal note:Effect of payment into court
(3) A payment into court by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.
Marginal note: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 Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.
(4) If, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess is a debt due to Her Majesty 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.
Marginal note:Recovery from party who instituted proceedings
(5) If moneys are paid by Her Majesty 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 Her Majesty 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.
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