Garnishment, Attachment and Pension Diversion Act

Marginal note:Definitions

• 32 (1) In this Part,

  applicant

  applicant means a person by or on behalf of whom an application is made to the Minister for a diversion of a pension benefit under this Part; (requérant)

  application

  application means, except in subsection 35.1(2), sections 35.3 and 35.4, subsection 41(2) and paragraph 46(c), a request in writing to the Minister for a diversion of a pension benefit under this Part, containing the prescribed information, accompanied by a certified copy of the financial support order on which the application is based and any prescribed additional documentation; (requête)

  financial support order

  financial support order means, subject to subsection (2), an order or judgment for maintenance, alimony or support, including an order or judgment for arrears of payments, made pursuant to the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, or the Divorce Act or pursuant to the laws of a province relating to family financial support or the enforcement of family financial support; (ordonnance de soutien financier)

  Minister

  Minister, in relation to any provision of this Part and items 12 and 16 of the schedule, means the member or members of the Queen’s Privy Council for Canada designated by the Governor in Council as the Minister or Ministers for the purposes of that provision or those items; (ministre)

  net pension benefit

  net pension benefit means a pension benefit minus the prescribed deductions; (prestation nette de pension)

  pension benefit

  pension benefit means any

  • (a) pension,

  • (b) annual allowance,

  • (c) annuity,

  • (d) lump sum return of pension contributions, including interest, if any,

  • (e) gratuity,

  • (f) cash termination allowance,

  • (g) withdrawal allowance, including interest, if any, or

  • (h) transfer value

  payable pursuant to an enactment referred to in the schedule, and includes any benefit payable under the Supplementary Retirement Benefits Act or the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970, in respect of that pension, annual allowance or annuity; (prestation de pension)

  prescribed

  prescribed means prescribed by regulation made under this Part; (prescrit ou réglementaire)

  recipient

  recipient means

  • (a) in respect of a pension benefit referred to in any of paragraphs (a) to (g) of the definition pension benefit, a child or other person to whom the pension benefit is immediately payable, but does not include a child or other person whose entitlement to the pension benefit is based on his or her status as a survivor of the person who was originally entitled to the pension benefit or would have been entitled to it had death not intervened, or

  • (b) in respect of a pension benefit referred to in paragraph (h) of the definition pension benefit, a person who is entitled to the pension benefit. (prestataire)

• Marginal note:Financial support order

  (2) For the purposes of this Part, the Minister shall disregard a component of a financial support order the dollar value of which cannot be readily ascertained from the financial support order itself or from the Minister’s records relating to the recipient’s pension benefit.

• Marginal note:Interpretation of the provincial law

  (3) With respect to the expression “the law of that province” in paragraphs 36(c) and (e), where the law of the province refers to the percentage or the maximum percentage of a pension that is to be or may be garnisheed, attached or diverted, the reference to “pension”, or equivalent expression, in the law of the province shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section.

• Marginal note:Interpretation of financial support orders

  (4) Where a financial support order is expressed in terms of a percentage of a recipient’s pension, the reference to “pension”, or equivalent expression, in the financial support order shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section.