Garnishment and Attachment Regulations

Garnishment and Attachment Regulations 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. S.C. 1980-81-82, c. 100 [Repealed, SOR/2020-265, s. 2] In these Regulations, Act means the Garnishment, Attachment and Pension Diversion Act. An application referred to in subsection 6(1) or 18(1) of the Act shall be in the form set out in the schedule. 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: if the garnishee summons is issued in Newfoundland and Labrador, Garnishment Registry Department of Justice 284 Wellington Street Ottawa, Ontario K1A 0H8; if the garnishee summons is issued in Prince Edward Island, Legal Services Unit 161 Grafton Street Internal Box 014 Charlottetown, Prince Edward Island C1A 8M9; if the garnishee summons is issued in Nova Scotia, Atlantic Regional Office Suite 1400, Duke Tower 5251 Duke Street Halifax, Nova Scotia B3J 1P3; if the garnishee summons is issued in New Brunswick, subject to paragraph (f), if the garnishee summons is issued in Quebec, Quebec Regional Office — Montréal East Tower, 9th Floor 200 René-Lévesque Boulevard West Montréal, Quebec H2Z 1X4; 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, subject to paragraph (h), if the garnishee summons is issued in Ontario, Ontario Regional Office, Toronto Suite 400 120 Adelaide Street West Toronto, Ontario M5H 1T1; 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, if the garnishee summons is issued in Manitoba, Prairie Region — Winnipeg Office Suite 301, Centennial House 310 Broadway Avenue Winnipeg, 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.] if the garnishee summons is issued in Saskatchewan, Prairie Region — Saskatoon Office Suite 410 410 - 22nd Street East Saskatoon, Saskatchewan S7K 5T6; if the garnishee summons is issued in Alberta, Prairie Region — Edmonton Office Suite 300, EPCOR Tower 10423-101 Street Edmonton, Alberta T5H 0E7; if the garnishee summons is issued in British Columbia, British Columbia Regional Office Suite 900 840 Howe Street Vancouver, British Columbia V6Z 2S9; and if the garnishee summons is issued in Yukon, the Northwest Territories or Nunavut, Ottawa, Ontario K1A 0H8. [Repealed, SOR/2020-265, s. 4] 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: 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. 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: in the case of the Senate, Senate Office of the Law Clerk and Parliamentary Counsel Parliament Buildings Ottawa, Ontario K1A 0A4; in the case of the House of Commons, House of Commons Room 7-02 131 Queen Street Ottawa, Ontario K1A 0A6; in the case of the Library of Parliament, Library of Parliament Ottawa, Ontario K1A 0A9; in the case of the office of the Senate Ethics Officer, Office of the Senate Ethics Officer Room 526 90 Sparks Street Ottawa, Ontario K1P 5B4; in the case of the office of the Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner Parliament of Canada Centre Block P.O. Box 16 in the case of the Parliamentary Protective Service, Parliamentary Protective Service Office of the Chief Legal Counsel Room 505 155 Queen Street Ottawa, Ontario K1A 0B8; and in the case of the office of the Parliamentary Budget Officer, Office of the Parliamentary Budget Officer Room 914 99 Bank Street Ottawa, Ontario K1A 0A9. 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. Service in accordance with sections 4 and 4.1 is deemed to be effected 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 in the case of service by mail or registered mail, on the day on which it is received. Her Majesty or a parliamentary entity may respond to a garnishee summons by notice indicating the debtor’s name; the file reference number assigned by the issuer of the garnishee summons; the amount being garnished, if any; and if applicable, the date on which garnishment was or will be interrupted or terminated and the reason for the interruption or termination. The notice may be sent by mail, registered mail or any means of electronic communication. 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. 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: any contribution or payment required by law to be made out of the moneys payable to the person, including, Canada Pension Plan and Quebec Pension Plan contributions, contributions required to be made pursuant to any Act listed in the schedule to the Act, employment insurance contributions, income tax payments, and federal and provincial statutory tax deductions; any amount that is a compulsory premium payment deducted from the moneys payable to the person for purposes of insurance or health care including, payments for a provincial medical care or hospital insurance plan, payments for the Public Service Health Care Plan, where the person is employed outside Canada, and 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; any amount deducted pursuant to an Act of the Parliament of Canada other than Part I of the Act; any amount payable to the person as a remuneration supplement in respect of costs of a provincial medical care or hospital insurance plan; any amount deducted as union membership dues or fees but not including any other amount deducted and payable to a union; and 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, a payment to a Royal Canadian Mounted Police member, to help defray the cost of upkeep and replacement of articles of uniform, 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, 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, a payment to furnish canoes or boats or camping equipment where the person is employed as a fisheries warden or fishery guardian, an allowance paid to a pasture manager or a pasture rider in compensation for the use of that person’s horse, a reimbursement for the loss of clothing or personal property in a marine disaster or shipwreck, 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, 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, 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, a payment of a living cost differential allowance pursuant to the Isolated Posts Directive, and a reimbursement for the cost of court clothing that the person is required to wear to carry out their duties. For the purposes of Division I of Part I of the Act, the following Crown corporations are prescribed: Canadian Dairy Commission; Telefilm Canada; [Repealed, SOR/2015-22, s. 4] [Repealed, SOR/84-47, s. 5] Royal Canadian Mint; and Canada Post Corporation. For the purposes of subsection 14(2) of Division II of Part I of the Act, the following Crown corporations are prescribed: the corporations listed in Schedule I to the Public Service Superannuation Act; Canada Council for the Arts; Canada Deposit Insurance Corporation; [Repealed, SOR/2015-22, s. 5] Freshwater Fish Marketing Corporation; International Development Research Centre; National Arts Centre Corporation; Standards Council of Canada; and 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. Protected when received by the Department of Justice Protégé dès réception par le ministère de la Justice A copy of the order against the debtor and a garnishee summons must be served with this application at the place specified in the Garnishment and Attachment Regulations. Please provide the following information concerning the debtor. Name of court to which the debtor is appointed and location of that court Nom du tribunal et lieu où le débiteur préside Please provide the following information concerning the amount due. ☐ I declare that the information given in this application is correct and is provided for the purpose of applying for garnishment of federal monies in accordance with Part I of the Garnishment, Attachment and Pension Diversion Act. Signature of applicant Signature du demandeur Date (YYYY/MM/DD) Date (AAAA-MM-JJ) Name of applicant (in block letters) Nom du demandeur (en caractères d’imprimerie)