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

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.

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 thereof, the fee referred to in section 58 is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by deduction or set-off 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.

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 or provision thereof or program thereunder by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of support orders and support provisions;

• (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;

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

• (e) prescribing the methods in which service of documents in connection with garnishment proceedings permitted under this Part may be effected on the Minister;

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

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

• (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 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.