Garnishment, Attachment and Pension Diversion Act

Marginal note:Application for diversion

• 33 (1) Subject to this Part and the regulations, a person named in a financial support order may make an application to the Minister for diversion of a pension benefit payable to a recipient if

  • (a) the order is valid and subsisting; and

  • (b) the person against whom the order has been made is a recipient.

• Marginal note:Representation

  (2) The application may be made, in accordance with the regulations, on behalf of a person by any other person or by a provincial enforcement service.

• Marginal note:Contents of application

  (2.1) The application must contain the prescribed information and be accompanied by the prescribed documents.

• Marginal note:Arrears of maintenance, alimony or support

  (2.2) A provincial enforcement service may, in respect of an application referred to in subsection (1), submit a document to the Minister that sets out a recipient’s arrears of maintenance, alimony or support and any prescribed information.

• Marginal note:Diversion of pension benefits

  (3) The Minister shall, not later than the first day of the fourth month after the month in which the Minister receives the duly completed application, divert an amount or amounts computed in accordance with sections 36 to 40 and the regulations from any net pension benefit that is payable to the recipient named in the application, and any amount so diverted shall be paid, subject to subsection (4), to the applicant, to any other person designated for that purpose in the financial support order or to a provincial enforcement service if the law of the province permits payment to it.

• Marginal note:Where applicant under 18 years of age

  (4) Where, pursuant to this section, a diverted amount is to be paid to an applicant who is under eighteen years of age, payment thereof shall instead be made to the person having the custody and control of that applicant or, where there is no person having custody and control of that applicant, to such person as the Minister may direct.