Garnishment and Attachment Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-83-212/FullText.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Garnishment and Attachment Regulations

SOR/83-212GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT
Registration 1983-03-04
Regulations Respecting Garnishment and Attachment Proceedings
P.C. 1983-658 1983-03-03His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 9, 12, 14, and 19 of the Garnishment, Attachment and Pension Diversion ActFootnote *, is pleased hereby to make the annexed Regulations respecting garnishment and attachment proceedings.
Return to footnote *S.C. 1980-81-82, c. 100Short Title

1 These Regulations may be cited as the Garnishment and Attachment Regulations.

Interpretation

2 In these Regulations,

Act
Act means the Garnishment, Attachment and Pension Diversion Act. (Loi)
debtor
debtor[Repealed, SOR/97-176, s. 1]
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)

SOR/97-176, s. 1;
SOR/2015-22, s. 1.

Previous Version

Information to Be Contained in a Garnishment Application

3 An application referred to in subsection 6(1) or 18(1) of the Act shall be in the form set out in the schedule.

SOR/84-47, s. 1;
SOR/97-176, s. 2.

Service of Documents

4 (1) Subject to subsections (2) and (3), service of documents on Her Majesty in connection with garnishment proceedings permitted by Division I of Part I of the Act must be effected at the following places:

(a) if the garnishee summons is issued in Newfoundland and Labrador,

Garnishment Registry

Department of Justice

284 Wellington Street
Ottawa, Ontario K1A 0H8;

(b) if the garnishee summons is issued in Prince Edward Island,

Garnishment Registry

Department of Justice

Legal Services Unit

161 Grafton Street

Internal Box 014

Charlottetown, Prince Edward Island C1A 8M9;

(c) if the garnishee summons is issued in Nova Scotia,

Garnishment Registry

Department of Justice

Atlantic Regional Office

Suite 1400, Duke Tower

5251 Duke Street

Halifax, Nova Scotia B3J 1P3;

(d) if the garnishee summons is issued in New Brunswick,

Garnishment Registry

Department of Justice

284 Wellington Street

Ottawa, Ontario K1A 0H8;

(e) subject to paragraph (f), if the garnishee summons is issued in Quebec,

Garnishment Registry

Department of Justice

Quebec Regional Office — Montréal

East Tower, 9th Floor

200 René-Lévesque Boulevard West

Montréal, Quebec H2Z 1X4;

(f) if the garnishee summons is issued in Quebec, either in the National Capital Region described in the schedule to the National Capital Act or by the provincial enforcement service in relation to an order or judgment made in the National Capital Region or outside Quebec for the payment of maintenance, alimony or support,

Garnishment Registry

Department of Justice

284 Wellington Street

Ottawa, Ontario K1A 0H8;

(g) subject to paragraph (h), if the garnishee summons is issued in Ontario,

Garnishment Registry

Department of Justice

Ontario Regional Office

2 First Canadian Place

P.O. Box 36

Toronto, Ontario M5X 1K6;

(h) if the garnishee summons is issued in Ontario, either in the Northwest Region, Northeast Region, East Region or Central East Region prescribed under the Courts of Justice Act, R.S.O. 1990, c. C.43, or by the provincial enforcement service in relation to an order or judgment made in one of those regions or outside Ontario for the payment of maintenance, alimony or support,

Garnishment Registry

Department of Justice

284 Wellington Street

Ottawa, Ontario K1A 0H8;

(i) if the garnishee summons is issued in Manitoba,

Garnishment Registry

Department of Justice

Prairie Region — Winnipeg Office

Suite 301, Centennial House

310 Broadway Avenue

Winnipeg, Manitoba R3C 0S6;

(j) if the garnishee summons is issued in Saskatchewan,

Garnishment Registry

Department of Justice

Prairie Region — Saskatoon Office

Scotia Centre, 10th Floor

123 2nd Avenue South

Saskatoon, Saskatchewan S7K 7E6;

(k) if the garnishee summons is issued in Alberta,

Garnishment Registry

Department of Justice

Prairie Region — Edmonton Office

Suite 300, EPCOR Tower

10423-101 Street

Edmonton, Alberta T5H 0E7;

(l) if the garnishee summons is issued in British Columbia,

Garnishment Registry

Department of Justice

British Columbia Regional Office

Suite 900

840 Howe Street

Vancouver, British Columbia V6Z 2S9;

(m) if the garnishee summons is issued in the Northwest Territories,

Garnishment Registry

Department of Justice

Northern Region — Northwest Territories Office

Nova Plaza, 2nd Floor

5019 52nd Street

P.O. Box 2052

Yellowknife, Northwest Territories X1A 2P5;

(n) if the garnishee summons is issued in Yukon,

Garnishment Registry

Department of Justice

Northern Region — Yukon Office

Suite 310, Elijah Smith Building

300 Main Street

Whitehorse, Yukon Y1A 2B5; and

(o) if the garnishee summons is issued in Nunavut,

Garnishment Registry

Department of Justice

Northern Region — Nunavut Office

P.O. Box 1030

Iqaluit, Nunavut X0A 0H0.

(2) If the garnishment proceedings are in respect of a debtor who receives salary or remuneration from the Department of Justice, the Public Prosecution Service of Canada or a court, is a judge to whom the Judges Act applies or is a person appointed by a Minister under section 128 of the Public Service Employment Act, service of documents must be effected at the following place:

Garnishment Registry

Department of Justice

284 Wellington Street

Ottawa, Ontario K1A 0H8.

(3) If the garnishment proceedings are in respect of a debtor who receives salary or remuneration from a Crown corporation listed in section 6, service of documents must be effected at the head office of the corporation.

SOR/84-47, s. 2;
SOR/97-176, s. 3;
SOR/2002-278, s. 5;
SOR/2008-191, s. 1;
SOR/2015-22, s. 2.

Previous Version

4.1 Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner in connection with garnishment proceedings permitted by Division IV of Part I of the Act must be effected at the following places:

(a) in the case of the Senate,

Garnishment Registry

Senate

Office of the Law Clerk and Parliamentary Counsel

Parliament Buildings

Ottawa, Ontario K1A 0A4;

(b) in the case of the House of Commons,

Garnishment Registry

House of Commons

Office of the Law Clerk and Parliamentary Counsel

Room 7-02

131 Queen Street

Ottawa, Ontario K1A 0A6;

(c) in the case of the Library of Parliament,

Garnishment Registry

Library of Parliament

Ottawa, Ontario K1A 0A9;

(d) in the case of the office of the Senate Ethics Officer,

Garnishment Registry

Office of the Senate Ethics Officer

Room 526

90 Sparks Street

Ottawa, Ontario K1P 5B4; and

(e) in the case of the office of the Conflict of Interest and Ethics Commissioner,

Garnishment Registry

Office of the Conflict of Interest and Ethics Commissioner

Parliament of Canada

Centre Block

P.O. Box 16

Ottawa, Ontario K1A 0A6.

SOR/84-47, s. 3;
SOR/97-176, s. 4;
SOR/2002-278, s. 6;
SOR/2005-53, s. 1;
SOR/2008-191, s. 2;
SOR/2015-22, s. 2.

Previous Version

4.2 Service in accordance with sections 4 and 4.1 by a provincial enforcement service may be effected by any electronic means by which the recipient is capable of receiving the documents in a usable format.
SOR/2015-22, s. 2.

Method of Response

4.3 Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner may respond to a garnishee summons by notice indicating

(a) the debtor’s name;
(b) the file reference number assigned by the issuer of the garnishee summons;
(c) the amount being garnished, if any; and
(d) if applicable, the date on which garnishment was or will be interrupted or terminated and the reason for the interruption or termination.

SOR/2015-22, s. 2.

4.4 The garnishee summons may be responded to by any electronic means by which its issuer is capable of receiving the response in a usable format.
SOR/2015-22, s. 2.

Exclusions from Salary

5 For the purposes of the definition salary in sections 4 and 16 of the Act, the following amounts are deemed to be or to have been excluded from a person’s salary:

(a) any contribution or payment required by law to be made out of the moneys payable to the person, including,

(i) Canada Pension Plan and Quebec Pension Plan contributions,
(ii) contributions required to be made pursuant to any Act listed in the schedule to the Act,
(iii) employment insurance contributions,
(iv) income tax payments, and
(v) federal and provincial statutory tax deductions;

(b) any amount that is a compulsory premium payment deducted from the moneys payable to the person for purposes of insurance or health care including,

(i) payments for a provincial medical care or hospital insurance plan,
(ii) payments for the Public Service Health Care Plan, where the person is employed outside Canada, and
(iii) payments for disability insurance under the Disability Insurance Plan or the Public Service Management Insurance Plan except where such payment is part of union membership dues or fees;

(c) any amount deducted pursuant to an Act of the Parliament of Canada other than Part I of the Act;
(d) any amount payable to the person as a remuneration supplement in respect of costs of a provincial medical care or hospital insurance plan;
(e) any amount deducted as union membership dues or fees but not including any other amount deducted and payable to a union; and

(f) any amount that is intended as a reimbursement to the person for special costs incurred by the person in the course of duties and for which the person can produce an invoice or receipt, including,

(i) a payment to a Royal Canadian Mounted Police member, to help defray the cost of upkeep and replacement of articles of uniform,
(ii) a payment to a Royal Canadian Mounted Police member, whose duties require that member to wear civilian clothing, to help defray the cost of upkeep and replacement of articles of that clothing,
(iii) a reimbursement for the cost of boots or gloves required to be worn at work where the person is a supervisory letter carrier, a part-time letter carrier or a mail dispatcher,
(iv) a payment to furnish canoes or boats or camping equipment where the person is employed as a fisheries warden or fishery guardian,
(v) an allowance paid to a pasture manager or a pasture rider in compensation for the use of that person’s horse,
(vi) a reimbursement for the loss of clothing or personal property in a marine disaster or shipwreck,
(vii) a reimbursement of costs incurred by an air traffic controller in obtaining the annual medical examination required to maintain a valid air traffic control licence,
(viii) a reimbursement of the membership fees paid to an association or institution, where membership in the association or institution is in the interests of the department on behalf of which or the Crown corporation, Senate, House of Commons or Library of Parliament on behalf of which or by which salary or remuneration is payable to the person,
(ix) a payment of a foreign service premium, a post-differential allowance or a salary equalization factor on being posted abroad or at an isolated post,
(x) a payment of a living cost differential allowance pursuant to the Isolated Posts Directive, and
(xi) a reimbursement for the cost of court clothing that the person is required to wear to carry out their duties.

SOR/84-47, s. 4;
SOR/88-316, s. 1;
SOR/97-176, s. 5;
SOR/2015-22, ss. 3, 12(F).

Previous Version

Crown Corporations — Division I of Part I

[SOR/2015-22, s. 12(F)]
6 For the purposes of Division I of Part I of the Act, the following Crown corporations are prescribed:

(a) Canadian Dairy Commission;
(b) Telefilm Canada;
(c) [Repealed, SOR/2015-22, s. 4]
(d) [Repealed, SOR/84-47, s. 5]
(e) Royal Canadian Mint; and
(f) Canada Post Corporation.

SOR/84-47, s. 5;
2002, c. 17, s. 15;
SOR/2015-22, ss. 4, 12(F).

Previous Version

Crown Corporations — Division Ii of Part I

[SOR/2015-22, s. 12(F)]
7 For the purposes of subsection 14(2) of Division II of Part I of the Act, the following Crown corporations are prescribed:

(a) the corporations listed in Schedule I to the Public Service Superannuation Act;
(b) Canada Council for the Arts;
(c) Canada Deposit Insurance Corporation;
(d) and (e) [Repealed, SOR/2015-22, s. 5]
(f) Freshwater Fish Marketing Corporation;
(g) International Development Research Centre;
(h) National Arts Centre Corporation;
(i) [Repealed, SOR/2015-22, s. 5]
(j) Standards Council of Canada; and
(k) any other Crown corporation, certain officers or employees of which are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

1991, c. 10, s. 19;
2001, c. 34, s. 17;
SOR/2015-22, ss. 5, 12(F).

Previous Version

SCHEDULE / ANNEXE(Section 3 / article 3)

SOR/84-47, ss. 6, 7;
SOR/88-316, s. 2(E);
SOR/97-176, s. 7;
SOR/2002-278, s. 7;
SOR/2008-191, s. 3;
SOR/2015-22, ss. 6 to 11.

Previous Version