Garnishment and Attachment Regulations (SOR/83-212)

• 4.2 (1) 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.

• (2) Service in accordance with sections 4 and 4.1 is deemed to be effected

  • (a) 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

  • (b) in the case of service by mail or registered mail, on the day on which it is received.

Method of Response

• 4.3 (1) Her Majesty or a parliamentary entity may respond to a garnishee summons by notice indicating

  • (a) the debtor’s name;

  • (b) the file reference number assigned by the issuer of the garnishee summons;

  • (c) the amount being garnished, if any; and

  • (d) if applicable, the date on which garnishment was or will be interrupted or terminated and the reason for the interruption or termination.

• (2) The notice may be sent by mail, registered mail or any means of electronic communication.

4.4 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.

Exclusions from Salary

5 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:

• (a) any contribution or payment required by law to be made out of the moneys payable to the person, including,

  • (i) Canada Pension Plan and Quebec Pension Plan contributions,

  • (ii) contributions required to be made pursuant to any Act listed in the schedule to the Act,

  • (iii) employment insurance contributions,

  • (iv) income tax payments, and

  • (v) federal and provincial statutory tax deductions;

• (b) any amount that is a compulsory premium payment deducted from the moneys payable to the person for purposes of insurance or health care including,

  • (i) payments for a provincial medical care or hospital insurance plan,

  • (ii) payments for the Public Service Health Care Plan, where the person is employed outside Canada, and

  • (iii) 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;

• (c) any amount deducted pursuant to an Act of the Parliament of Canada other than Part I of the Act;

• (d) any amount payable to the person as a remuneration supplement in respect of costs of a provincial medical care or hospital insurance plan;

• (e) any amount deducted as union membership dues or fees but not including any other amount deducted and payable to a union; and

• (f) 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,

  • (i) a payment to a Royal Canadian Mounted Police member, to help defray the cost of upkeep and replacement of articles of uniform,

  • (ii) 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,

  • (iii) 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,

  • (iv) a payment to furnish canoes or boats or camping equipment where the person is employed as a fisheries warden or fishery guardian,

  • (v) an allowance paid to a pasture manager or a pasture rider in compensation for the use of that person’s horse,

  • (vi) a reimbursement for the loss of clothing or personal property in a marine disaster or shipwreck,

  • (vii) 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,

  • (viii) 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,

  • (ix) 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,

  • (x) a payment of a living cost differential allowance pursuant to the Isolated Posts Directive, and

  • (xi) a reimbursement for the cost of court clothing that the person is required to wear to carry out their duties.

Crown Corporations — Division I of Part I

6 For the purposes of Division I of Part I of the Act, the following Crown corporations are prescribed:

• (a) Canadian Dairy Commission;

• (b) Telefilm Canada;

• (c) [Repealed, SOR/2015-22, s. 4]

• (d) [Repealed, SOR/84-47, s. 5]

• (e) Royal Canadian Mint; and

• (f) Canada Post Corporation.

Crown Corporations — Division II of Part I

7 For the purposes of subsection 14(2) of Division II of Part I of the Act, the following Crown corporations are prescribed:

• (a) the corporations listed in Schedule I to the Public Service Superannuation Act;

• (b) Canada Council for the Arts;

• (c) Canada Deposit Insurance Corporation;

• (d) and (e) [Repealed, SOR/2015-22, s. 5]

• (f) Freshwater Fish Marketing Corporation;

• (g) International Development Research Centre;

• (h) National Arts Centre Corporation;

• (i) [Repealed, SOR/2015-22, s. 5]

• (j) Standards Council of Canada; and

• (k) 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.