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

Notice to Judgment Debtor

Marginal note:Notice to judgment debtor

45 If a garnishee summons is served on the Minister under this Part, the Minister may notify the judgment debtor named in the garnishee summons of that service.

46 to 48 [Repealed, 1993, c. 8, s. 17]

Recovery of Excess Payments

Marginal note:Payments to judgment debtor

49 If a judgment debtor is paid any garnishable moneys to which the judgment debtor is not entitled by reason of garnishment proceedings permitted under this Part, the amount that is paid is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor.

Marginal note:Payments to party that instituted proceedings

50 Subject to section 51, if garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part 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 as such in accordance with the Financial Administration Act or by way of deduction from, or set-off or compensation against, any garnishable moneys payable to or for the benefit of that party under this Part.

Marginal note:Exception

51 Where it is determined that the reason for the payment of excess moneys referred to in section 50 is that the judgment debtor was not entitled to the garnishable moneys garnisheed under this Part, the amount of the excess is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the garnishable moneys garnisheed under this Part.

General

Marginal note:Ranking of Her Majesty

52 When a judgment debtor is indebted to

• (a) Her Majesty, or

• (b) Her Majesty in right of a province on account of taxes payable to any province, and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on behalf of the province,

Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any garnishable moneys that are payable to the judgment debtor notwithstanding that a garnishee summons in respect of those moneys has been served on the Minister, and the amount of the indebtedness may be recovered or retained in any manner authorized by law.

Marginal note:Multiple garnishee summonses

53 Where more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor and the garnishable moneys payable to the judgment debtor are insufficient to satisfy all the garnishee summonses, payment shall be made on a proportional basis.

Marginal note:No execution against Her Majesty

54 No execution shall issue on a judgment given against Her Majesty in garnishment proceedings permitted by this Part.

Garnishment, Attachment and Pension Diversion Act

Marginal note:Garnishment, Attachment and Pension Diversion Act

55 In the event that a garnishee summons that binds Her Majesty may be honoured under this Part or the Garnishment, Attachment and Pension Diversion Act, the garnishee summons shall be honoured first under the Garnishment, Attachment and Pension Diversion Act and secondly under this Part.

Prohibitions

Marginal note:Prohibition on disentitlement

56 No person may be disentitled or disqualified in respect of any payment or future payment of garnishable moneys solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Marginal note:Prohibition on dismissal

57 No person may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken in respect of that person.

Fee

Marginal note:Fee

58 A fee in the amount prescribed by the regulations is chargeable in respect of the processing of every garnishee summons served on the Minister.

Marginal note:Chargeable against judgment debtor

59 Subject to any regulations respecting the remittance of the fee referred to in section 58, it is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by way of deduction from, or set-off or compensation against, any garnishable moneys payable to the judgment debtor.

Marginal note:Restriction

60 The fee referred to in section 58 may not be recovered out of any garnishable moneys to be used to honour a garnishee summons.

Regulations

Marginal note:Regulations

61 The Governor in Council may make regulations

• (a) designating Acts of Parliament, provisions thereof and programs thereunder for the purposes of the definition garnishable moneys;

• (a.1) prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament, the provision of that Act or the program under that Act by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of orders;

• (b) prescribing the form of the application referred to in paragraph 28(c);

• (c) prescribing the period of time before which Her Majesty becomes bound by the service of the documents referred to in section 28;

• (c.1) specifying periods and circumstances for the purposes of section 30;

• (d) specifying the place where service of documents on the Minister must be effected in connection with garnishment proceedings permitted under this Part;

• (e) respecting the methods of service of documents and providing for the day on which service of documents on the Minister is deemed to be effected;

• (f) respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I;

• (g) respecting the methods by which the Minister may respond to garnishee summonses and prescribing the time within which the Minister must do so;

• (h) prescribing the form of the notification referred to in section 45 and the time within which and the manner in which it must be sent;

• (i) prescribing a fee in respect of the processing of garnishee summonses and the time and manner of collecting the fee;

• (j) respecting the remission, in whole or in part, of the fee referred to in section 58; and

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

PART IIILicence Denial

Interpretation

Marginal note:Definitions

62 The definitions in this section apply in this Part.

appropriate Minister

appropriate Minister means a minister of the Crown in right of Canada who is responsible for the issuance of any type or class of licence set out in the schedule. (ministre compétent)

debtor

debtor means a person who is in arrears under a support order. (débiteur)

licence

licence means a licence, a permit, a certificate or an authorization of any kind, and includes a passport within the meaning of section 2 of the Canadian Passport Order. (autorisation)

licence denial application

licence denial application means an application made under section 67. (demande de refus d’autorisation)

Minister

Minister means the Minister of Justice. (ministre)

persistent arrears

persistent arrears, in respect of a support order, means

• (a) arrears in any amount due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order, or

• (b) accumulated arrears of $3,000 or more. (être en défaut de façon répétée)

prescribed

prescribed means prescribed by the regulations. (Version anglaise seulement)

provincial enforcement service

provincial enforcement service has the meaning assigned by section 2. (autorité provinciale)

schedule licence

schedule licence means a licence of a type or class set out in the schedule. (autorisation visée)

support order

support order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province for maintenance, alimony or support. (ordonnance alimentaire)

support provision

support provision[Repealed, 2019, c. 16, s. 70]

Marginal note:Amendments to schedule

63 The Governor in Council may, by order, amend the schedule to add to or delete any type or class of licence that may be issued to an individual under an Act of Parliament or under a prerogative of the Crown.

Purpose of Part

Marginal note:Purpose of Part

64 The purpose of this Part is to help provincial enforcement services enforce support orders by providing for the denial of certain licences to debtors who are in persistent arrears.

Application of Part

Marginal note:Application of Part

65 This Part applies notwithstanding the provisions of any other Act of Parliament, of any regulation or order made under any other Act of Parliament or of any order made pursuant to a prerogative of the Crown respecting the issuance, renewal or suspension of licences.

Marginal note:Royal prerogative

66 Nothing in this Part in any manner limits or affects Her Majesty’s royal prerogative with respect to passports.

Licence Denial Application

Marginal note:Application

• 67 (1) If a debtor is in persistent arrears, a provincial enforcement service may apply to the Minister requesting that the following actions be taken:

  • (a) that no new schedule licences be issued to the debtor;

  • (b) that all schedule licences held by the debtor be suspended; and

  • (c) that schedule licences held by the debtor not be renewed.

• Marginal note:Contents of application

  (2) An application must be in the form approved by the Minister and must contain the prescribed information.

• Marginal note:Statement

  (3) An application must contain a statement by an officer of the provincial enforcement service confirming the following:

  • (a) that the provincial enforcement service is satisfied that the debtor is in persistent arrears;

  • (b) that the provincial enforcement service has made reasonable attempts to enforce the support order before making the licence denial application; and

  • (c) that the provincial enforcement service has sent a notice to the debtor, at the debtor’s last known address,

    • (i) stating that the provincial enforcement service has reasonable grounds to believe that the debtor is in persistent arrears,

    • (ii) stating that the provincial enforcement service intends to make a licence denial application in relation to the debtor,

    • (iii) informing the debtor of the consequences to the debtor of a licence denial application, and

    • (iv) advising the debtor that a licence denial application will not be made if the debtor enters into a payment plan that is acceptable to the provincial enforcement service or satisfies the provincial enforcement service that the debtor is unable to pay the amount in arrears and that the making of the application is not reasonable in the circumstances.

• Marginal note:Time for making application

  (4) An application may be made only after thirty days have expired after the notice referred to in subsection (3) was received by the debtor.

• Marginal note:Deemed receipt

  (5) A notice referred to in subsection (3) is deemed to have been received by a debtor ten days after it is sent to the debtor.

Marginal note:Informing appropriate Ministers

68 Immediately on the receipt of a licence denial application, the Minister shall notify each appropriate Minister of the receipt of the application, and shall provide them with any information that may be necessary to assist them in determining whether the debtor to whom the application relates is the holder of a schedule licence.