Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

Processing of Applications

Marginal note:Request to information bank directors

17 Forthwith on the receipt of an application under section 13, the Minister shall transmit a search request to the information bank directors who shall, in accordance with the regulations, cause their designated information banks to be searched forthwith and periodically during the twelve month period immediately following the receipt by the Minister of the application.

Marginal note:Release of information — information banks

18 Subject to the regulations, information in an information bank may be released by one information bank director to another information bank director or to the Minister to assist in conducting a search under this Part.

Marginal note:Transmission of information to Minister

19 If information requested under this Part is found in an information bank, the information bank director of that information bank shall cause to be transmitted to the Minister, in accordance with the regulations, all information obtained during the search.

Marginal note:Release of information by Minister

19.1 Subject to section 20, the Minister shall release to the applicant the information transmitted to the Minister under this Part.

Marginal note:Release of information to applicant

20 The Minister shall release information under this Part to an applicant under section 13 only if the Minister is satisfied that the safeguards established by the agreement under section 3 with the province of that applicant are in place.

Marginal note:Exception for security name changes

21 No information may be released under this Part in respect of any person whose identity has been changed for security or law enforcement purposes.

Regulations

Marginal note:Regulations by Governor in Council

22 The Governor in Council may make regulations

• (a) prescribing the form of an application for the release of information under this Part and the information that must be contained therein;

• (a.1) prescribing the time and manner in which an application for the searching of information banks and the release of information under this Part may be made;

• (b) designating, for the purposes of section 15, the information banks that may be searched under this Part;

• (c) setting out the time and manner in which searches for information under this Part are to be conducted;

• (d) prescribing the conditions under which information may be released under section 18 by one information bank director to the other information bank director;

• (e) establishing the procedures to be followed for the transmission to the Minister of information found in any information bank searched under this Part; and

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

PART IIGarnishment of Federal Moneys to Satisfy Orders

Interpretation

Marginal note:Definitions

• 23 (1) In this Part,

  garnishable moneys

  garnishable moneys means moneys authorized to be paid by Her Majesty by or under such Acts of Parliament or provisions thereof or programs thereunder as are designated by the regulations; (sommes saisissables)

  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)

  garnishment

  garnishment includes attachment; (Version anglaise seulement)

  Her Majesty

  Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

  judgment debtor

  judgment debtor means a person named in a garnishee summons in respect of whom garnishable moneys are sought to be garnisheed under this Part; (débiteur)

  Minister

  Minister means the Minister of Justice; (ministre)

  provincial enforcement service

  provincial enforcement service has the same meaning as in section 2; (autorité provinciale)

  provincial garnishment law

  provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of orders; (droit provincial en matière de saisie-arrêt)

  support order

  support order means an order or judgment for maintenance, alimony or family financial support that is enforceable in any province; (ordonnance alimentaire)

  support provision

  support provision means a provision in an agreement relating to the payment of maintenance or family financial support that is enforceable by a garnishee summons under provincial garnishment law. (entente alimentaire)

• Marginal note:Refund of tax payable to client not discounter

  (2) Notwithstanding the acquisition by a discounter from a client of a right to a refund of tax for the purposes of the Tax Rebate Discounting Act, the refund of tax remains, for the purposes of this Part, payable to the client and not the discounter.

Garnishment of Her Majesty

Marginal note:Her Majesty may be garnisheed

24 Notwithstanding any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of support orders and support provisions, be garnisheed in accordance with this Part in respect of all garnishable moneys.

Marginal note:Provincial garnishment law applies

25 Subject to section 26 and any regulations made under this Part, garnishment under this Part shall be in accordance with provincial garnishment law.

Marginal note:Inconsistencies with provincial garnishment law

26 In the event of any inconsistency between this Part or a regulation made under this Part and provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency.

Marginal note:Location of garnishable moneys

27 For the purposes of this Part, garnishable moneys are deemed to be located in the province in which a garnishee summons is issued in respect of the moneys.

Garnishee Summons

Marginal note:Service binds Her Majesty for five years

28 Subject to this Part and the regulations, service of the following documents on the Minister, namely,

• (a) a garnishee summons, and

• (b) [Repealed, 1997, c. 1, s. 21]

• (c) an application in the form prescribed by the regulations,

binds Her Majesty for five years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.

Marginal note:Calculation of five year period

29 For the purposes of section 28, the five year period referred to in that section commences on the expiration of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.

Garnishee Summons of Continuing Effect

Marginal note:Her Majesty no longer bound

30 A garnishee summons against a judgment debtor ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.

31 [Repealed, 2019, c. 16, s. 55]

Service of Documents

Marginal note:Time of service

32 A garnishee summons served on the Minister has effect only if it is served on the Minister in the first thirty days following the first day on which it could have been validly served on the Minister.

Marginal note:Place of service

33 Service of documents on the Minister in connection with garnishment proceedings permitted by this Part must be effected at the place specified in the regulations.

Marginal note:Method of service

34 In addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by any method prescribed by the regulations.

35 [Repealed, 2019, c. 16, s. 56]

Administrative Procedures

Marginal note:Notice to ministers

36 Immediately after being served with the documents referred to in section 28, the Minister shall notify every minister who is responsible for garnishable moneys of the service of the documents and shall provide them with the information that may be necessary to assist them in determining whether any garnishable moneys are payable to the judgment debtor.

Marginal note:Initial report by ministers

37 Immediately after being notified under section 36, each minister who is responsible for garnishable moneys shall report to the Minister on whether those moneys are payable or are foreseeably payable to the judgment debtor.

Marginal note:Demand under Income Tax Act

37.1 For the purposes of section 37, if the Minister of National Revenue knows or suspects that garnishable moneys would be payable to a judgment debtor were the debtor to file a return of income for a taxation year, that Minister may, in accordance with subsection 150(2) of the Income Tax Act, demand that the debtor file a return of income for that taxation year.

Marginal note:Obligation to monitor and report back

38 In addition to reporting under section 37, each minister responsible for garnishable moneys shall continue to monitor the payments of those moneys the entire time during which Her Majesty is bound in respect of payments thereof and report to the Minister whenever any payments to the judgment debtor become payable or foreseeably payable.

Marginal note:Additional information with every report

39 When reporting that garnishable moneys are payable or are foreseeably payable to the judgment debtor, each minister shall also inform the Minister of the amounts payable and the times when those moneys became, or will become, payable.

Marginal note:Right to search information banks

40 Subject to the regulations, the Minister and every minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of any judgment debtor.

Response to Garnishee Summons

Marginal note:Response time

41 The Minister, on behalf of Her Majesty, shall respond to every garnishee summons within the time prescribed by the regulations.

Marginal note:Methods of response

42 In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by any method prescribed by the regulations.

Marginal note:Response by registered mail

43 Where the Minister 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 Minister has responded to the garnishee summons.

Discharge of Liability

Marginal note:Effect of payment into court

• 44 (1) A payment into court by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.

• Marginal note:Effect of payment to provincial enforcement service

  (2) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.