Garnishment and Attachment Regulations

Contents

His 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 Act, is pleased hereby to make the annexed Regulations respecting garnishment and attachment proceedings.^note

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[Repealed, SOR/2020-265, s. 2] (repealed)

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In these Regulations, Act means the Garnishment, Attachment and Pension Diversion Act.^note

Information to Be Contained in a Garnishment Application

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

(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 RegistryDepartment of Justice284 Wellington StreetOttawa, Ontario K1A 0H8;

(b)if the garnishee summons is issued in Prince Edward Island,Garnishment RegistryDepartment of JusticeLegal Services Unit161 Grafton StreetInternal Box 014Charlottetown, Prince Edward Island C1A 8M9;

(c)if the garnishee summons is issued in Nova Scotia,Garnishment RegistryDepartment of JusticeAtlantic Regional OfficeSuite 1400, Duke Tower5251 Duke StreetHalifax, Nova Scotia B3J 1P3;

(d)if the garnishee summons is issued in New Brunswick,Garnishment RegistryDepartment of Justice284 Wellington StreetOttawa, Ontario K1A 0H8;

(e)subject to paragraph (f), if the garnishee summons is issued in Quebec,Garnishment RegistryDepartment of JusticeQuebec Regional Office — MontréalEast Tower, 9th Floor200 René-Lévesque Boulevard WestMontréal, 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 made in the National Capital Region or outside Quebec for the payment of maintenance, alimony or support,Garnishment RegistryDepartment of Justice284 Wellington StreetOttawa, Ontario K1A 0H8;

(g)subject to paragraph (h), if the garnishee summons is issued in Ontario,Garnishment RegistryDepartment of JusticeOntario Regional Office, TorontoSuite 400120 Adelaide Street WestToronto, Ontario M5H 1T1;

(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 made in one of those regions or outside Ontario for the payment of maintenance, alimony or support,Garnishment RegistryDepartment of Justice284 Wellington StreetOttawa, Ontario K1A 0H8;

(i)if the garnishee summons is issued in Manitoba,Garnishment RegistryDepartment of JusticePrairie Region — Winnipeg OfficeSuite 301, Centennial House310 Broadway AvenueWinnipeg, Manitoba R3C 0S6;[The address for the garnishment registry in Winnipeg recently changed. These regulations will be updated as soon as possible to reflect that change. In the meantime, you can find the correct address here: https://www.justice.gc.ca/eng/fl-df/enforce-execution/garn-gref.html#ma1.]

(j)if the garnishee summons is issued in Saskatchewan,Garnishment RegistryDepartment of JusticePrairie Region — Saskatoon OfficeSuite 410410 - 22nd Street EastSaskatoon, Saskatchewan S7K 5T6;

(k)if the garnishee summons is issued in Alberta,Garnishment RegistryDepartment of JusticePrairie Region — Edmonton OfficeSuite 300, EPCOR Tower10423-101 StreetEdmonton, Alberta T5H 0E7;

(l)if the garnishee summons is issued in British Columbia,Garnishment RegistryDepartment of JusticeBritish Columbia Regional OfficeSuite 900840 Howe StreetVancouver, British Columbia V6Z 2S9; and

(m)if the garnishee summons is issued in Yukon, the Northwest Territories or Nunavut,Garnishment RegistryDepartment of Justice284 Wellington StreetOttawa, Ontario K1A 0H8.

(n)[Repealed, SOR/2020-265, s. 4] (repealed)

(o)[Repealed, SOR/2020-265, s. 4] (repealed)

(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 or prothonotary 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 RegistryDepartment of Justice284 Wellington StreetOttawa, 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.

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Service of documents on a parliamentary entity 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 RegistrySenateOffice of the Law Clerk and Parliamentary CounselParliament BuildingsOttawa, Ontario K1A 0A4;

(b)in the case of the House of Commons,Garnishment RegistryHouse of CommonsOffice of the Law Clerk and Parliamentary CounselRoom 7-02131 Queen StreetOttawa, Ontario K1A 0A6;

(c)in the case of the Library of Parliament,Garnishment RegistryLibrary of ParliamentOttawa, Ontario K1A 0A9;

(d)in the case of the office of the Senate Ethics Officer,Garnishment RegistryOffice of the Senate Ethics OfficerRoom 52690 Sparks StreetOttawa, Ontario K1P 5B4;

(e)in the case of the office of the Conflict of Interest and Ethics Commissioner,Garnishment RegistryOffice of the Conflict of Interest and Ethics CommissionerParliament of CanadaCentre BlockP.O. Box 16Ottawa, Ontario K1A 0A6;

(f)in the case of the Parliamentary Protective Service,Garnishment RegistryParliamentary Protective ServiceOffice of the Chief Legal CounselRoom 505155 Queen StreetOttawa, Ontario K1A 0B8; and

(g)in the case of the office of the Parliamentary Budget Officer,Garnishment RegistryOffice of the Parliamentary Budget OfficerRoom 91499 Bank StreetOttawa, Ontario K1A 0A9.

^note

4.2 #

(1)Service in accordance with sections 4 and 4.1 may be effected by mail, registered mail or any means of electronic communication that is agreed to by the recipient.

(2)Service in accordance with sections 4 and 4.1 is deemed to be effected

(a)in the case of service by fax or another means of electronic communication, on the day on which it is received, unless it is received after 5:00 p.m. local time or on a day that is a Saturday or a holiday, in which case service is deemed to be effected the following day that is not a Saturday or a holiday; and

(b)in the case of service by mail or registered mail, on the day on which it is received.

^note

Method of Response

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(1)Her Majesty or a parliamentary entity 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.

(2)The notice may be sent by mail, registered mail or any means of electronic communication.

^note

4.4 #

If the debtor is no longer an employee of Her Majesty or a parliamentary entity, a garnishee summons ceases to bind Her Majesty or the parliamentary entity six months after the day on which the last payment of salary to the debtor was made.^note

Exclusions from Salary

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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.

^note

Crown Corporations — Division I of Part I

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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] (repealed)

(d)[Repealed, SOR/84-47, s. 5] (repealed)

(e)Royal Canadian Mint; and

(f)Canada Post Corporation.

^note

Crown Corporations — Division II of Part I

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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] (repealed)

(f)Freshwater Fish Marketing Corporation;

(g)International Development Research Centre;

(h)National Arts Centre Corporation;

(i)[Repealed, SOR/2015-22, s. 5] (repealed)

(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.

^note

(Section 3)

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.

Garnishment and Attachment Regulations

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Definition

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Information to Be Contained in a Garnishment Application

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Service of Documents

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4.1 #

4.2 #

Method of Response

4.3 #

4.4 #

Exclusions from Salary

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Crown Corporations — Division I of Part I

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Crown Corporations — Division II of Part I

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(Section 3)