Marginal note:Effect of writ, etc.
462 (1) Subject to subsections (3) and (4), the following documents are binding on property belonging to a person and in the possession of a bank, or on money owing to a person by reason of a deposit account in a bank, only if the document or a notice of it is served at the branch of the bank that has possession of the property or that is the branch of account in respect of the deposit account, as the case may be:
(a) a writ or process originating a legal proceeding or issued in or pursuant to a legal proceeding;
(b) an order or injunction made by a court;
(c) an instrument purporting to assign, perfect or otherwise dispose of an interest in the property or the deposit account; or
(d) an enforcement notice in respect of a support order or support provision.
(2) Any notification sent to a bank with respect to a customer of the bank, other than a document referred to in subsection (1) or (3), constitutes notice to the bank and fixes the bank with knowledge of its contents only if sent to and received at the branch of the bank that is the branch of account of an account held in the name of that customer.
(3) Subsections (1) and (2) do not apply in respect of an enforcement notice in respect of a support order or support provision if
(a) the enforcement notice, accompanied by a written statement containing the information required by the regulations, is served at an office of a bank designated in accordance with the regulations in respect of a province; and
(b) the order or provision can be enforced under the laws of that province.
Marginal note:Time of application
(4) Subsection (3) does not apply in respect of an enforcement notice in respect of a support order or support provision until the second business day following the day of service referred to in that subsection.
(5) The Governor in Council may make regulations
(a) respecting the designation by a bank, for the purpose of subsection (3), of a place in any province for the service of enforcement notices in respect of support orders and support provisions;
(b) prescribing the manner in which a bank shall publicize the locations of designated offices of the bank; and
(c) respecting the information that must accompany enforcement notices in respect of support orders and support provisions.
(6) The following definitions apply in this section.
designated office means a place designated in accordance with regulations made for the purpose of subsection (3). (bureau désigné)
enforcement notice, in respect of a support order or support provision, means a garnishee summons or other instrument issued under the laws of a province for the enforcement of the support order or support provision. (avis d’exécution)
support order means an order or judgment or interim order or judgment for family financial support. (ordonnance alimentaire)
support provision means a provision of an agreement relating to the payment of maintenance or family financial support. (disposition alimentaire)
- 1991, c. 46, s. 462
- 2001, c. 9, s. 126
- Date modified: