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

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.

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]