Prohibition, Offence and Punishment

Prohibition

80. No officer or employee of Her Majesty, and no person who is hired on a contractual basis by Her Majesty to assist in the administration of this Act, who obtains any information pursuant to this Act shall, except as provided in this Act, knowingly communicate or knowingly allow the information to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information.

Offence and punishment

81. Every person who contravenes section 80 is guilty of an offence, and is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding $1,000, or to both.

Limitation period

82. Any proceedings under section 81 may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.

23. The Act is amended by adding the schedule set out in the schedule to this Act after section 82.

R.S., c. G-2; R.S., cc. 3, 4 (2nd Supp.); 1992, c. 1

Garnishment, Attachment and Pension Diversion Act

24. Section 2 of the Garnishment, Attachment and Pension Diversion Act is amended by adding the following in alphabetical order:

``debtor''
« débiteur »

``debtor'', in respect of a garnishee summons, means the person whose salary or remuneration is sought to be garnisheed;

25. Section 6 of the Act is replaced by the following:

Service binds Her Majesty

6. (1) Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds Her Majesty fifteen days after the day on which those documents are served.

When service is effective

(2) A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first thirty days following the first day on which it could have been validly served on Her Majesty.

26. Sections 8 and 9 of the Act are replaced by the following:

Moneys bound by service of garnishee summons

8. For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons binds Her Majesty in respect of the following money to be paid by Her Majesty to the debtor named in the garnishee summons:

    (a) in the case of a salary,

      (i) the salary to be paid on the last day of the second pay period next following the pay period in which Her Majesty is bound by the garnishee summons, and

      (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

    (b) in the case of remuneration described in paragraph 5(b),

      (i) the remuneration payable, in respect of the department or Crown corporation named in the application referred to in section 6, on the fifteenth day following the day on which Her Majesty is bound by the garnishee summons, and

      (ii) either

        (A) any remuneration becoming payable in respect of that department or Crown corporation in the thirty days following the fifteenth day after the day on which Her Majesty is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

        (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable in respect of that department or Crown corporation subsequent to the fifteenth day after the day on which Her Majesty is bound by the garnishee summons.

27. Section 10 of the Act is replaced by the following:

Time period for Her Majesty's response to a garnishee summons

10. Her Majesty has the following time period within which to respond to a garnishee summons:

    (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which Her Majesty is bound by the garnishee sum mons; or

    (b) in the case of remuneration described in paragraph 5(b), fifteen days, or such lesser number of days as is prescribed, after the day on which the remuneration is garnish eed.

28. Subsection 11(4) of the Act is replaced by the following:

Recovery of overpayment to debtor

(4) Where, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess becomes a debt due to Her Majesty by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

29. Section 18 of the Act is replaced by the following:

Service binds the Senate, House of Commons or Library of Parliament

18. (1) Subject to this Division, service on the Senate, House of Commons or Library of Parliament of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons or Library of Parliament, as the case may be, fifteen days after the day on which those documents are served.

When service is effective

(2) A garnishee summons served on the Senate, House of Commons or Library of Parliament is of no effect unless it is served on the Senate, House of Commons or Library of Parliament, as the case may be, in the first thirty days following the first day on which it could have been validly served on the Senate, House of Commons or Library of Parliament, as the case may be.

30. Sections 20 to 22 of the Act are replaced by the following:

Moneys bound by service of garnishee summons

21. For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid to the debtor named in the garnishee summons:

    (a) in the case of a salary,

      (i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons or Library of Parliament, as the case may be, is bound by the garnishee summons, and

      (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

    (b) in the case of remuneration described in paragraph 17(b),

      (i) the remuneration payable on the fifteenth day following the day on which the Senate, House of Commons or Library of Parliament, as the case may be, is bound by the garnishee summons, and

      (ii) either

        (A) any remuneration becoming payable in the thirty days following the fifteenth day after the day on which the Senate, House of Commons or Library of Parliament, as the case may be, is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

        (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the fifteenth day after the day on which the Senate, House of Commons or Library of Parliament, as the case may be, is bound by the garnishee summons.

Time period to respond to a garnishee summons

22. The Senate, House of Commons or Library of Parliament has the following time period within which to respond to a garnishee summons:

    (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons or Library of Parliament is bound by the garnishee sum mons; or

    (b) in the case of remuneration described in paragraph 17(b), fifteen days, or such lesser number of days as is prescribed, after the day on which the remuneration is garnish eed.

31. Subsection 23(4) of the Act is replaced by the following:

Recovery of overpayment to debtor

(4) Where, in honouring a garnishee summons, the Senate, House of Commons or Library of Parliament, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons or Library of Parliament, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

R.S., c. 3 (2nd Supp.), s. 29

32. (1) The definitions ``application'', ``financial support order'' and ``recipient'' in subsection 32(1) of the Act are replaced by the following:

``application''
« requête »

``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;

``financial support order''
« ordonnance de soutien financier »

``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;

``recipient''
« prestataire »

``recipient'' means

      (a) in respect of a pension benefit referred to in any of paragraphs (a) to (g) of the definition ``pension benefit'', a person to whom the pension benefit is immediately payable, but does not include a person whose entitlement to the pension benefit is based on his or her status as a surviving spouse or surviving child 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.

R.S., c. 3 (2nd Supp.), s. 29

(2) The definition ``pension benefit'' in subsection 32(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (f), by adding the word ``or'' at the end of paragraph (g) and by adding the following after paragraph (g):

      (h) transfer value

33. Section 35 of the Act is replaced by the following:

Conditions for diversion of pension benefits

35. No diversion of pension benefits under this Part shall be made unless the amount to be diverted is at least

    (a) twenty-five dollars per annum, in the case of periodic diversion payments; or

    (b) twenty-five dollars, in the case of a lump sum diversion payment.

Where pension benefit not immediately payable - Public Service Superannua-
tion Act

35.1 (1) Where a person against whom there is a valid and subsisting financial support order

    (a) has ceased to be employed in the Public Service,

    (b) is not a recipient but has exercised an option for a deferred annuity under section 12 or 13 of the Public Service Superannua tion Act or is entitled to exercise an option for a deferred annuity under either of those sections, and

    (c) has reached 50 years of age but has not yet reached 60 years of age,

a person entitled to support under the financial support order may apply for an order under subsection (2) to any court in Canada that has jurisdiction to make a financial support order.

Order

(2) A court to whom an application is made under subsection (1) may make an order deeming the person against whom there is a valid and subsisting financial support order to have exercised an option under section 12 or 13 of the Public Service Superannuation Act in favour of an annual allowance payable as of the date of the making of the order under this subsection if the court is satisfied that

    (a) there is an extended pattern of non-pay ment of the financial support order; and

    (b) the person making the application has taken reasonable steps to enforce the finan cial support order through other means.

Effect of order

35.2 An order made under subsection 35.1(2) shall be deemed for all purposes to have the same effect as if the person to whom the order relates had exercised the option referred to in the order.

Provision of information

35.3 On application by a person entitled to support under a valid and subsisting financial support order, the Minister shall, in accordance with the regulations, provide the person with the prescribed information concerning any matter related to the making of an application under subsection 35.1(1).

Application may be made by provincial enforcement service

35.4 An application under subsection 35.1(1) or section 35.3 may be made on behalf of a person by any other person or by a provincial enforcement service, within the meaning of section 2 of the Family Orders and Agreements Enforcement Assistance Act.

34. Section 36 of the Act is amended by striking out the word ``or'' at the end of paragraph (e), by adding the word ``or'' at the end of paragraph (f) and by adding the following after paragraph (f):

    (g) where the recipient and the applicant are domiciled outside Canada and are ordinari ly resident outside Canada, the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of fifty per cent of the recipient's net pension benefit.

35. (1) Paragraph 38(a) of the Act is replaced by the following:

    (a) the periodic component of the financial support order shall be dealt with in accor dance with the rules in paragraphs 36(c) to (g); and

(2) Subparagraph 38(b)(ii) of the Act is replaced by the following:

      (ii) the maximum that could be diverted pursuant to paragraph (a) as a result of the application of the rules in paragraphs 36(c) to (g) exceeds the amount actually diverted pursuant to paragraph (a),

36. Paragraph 39(1)(a) of the Act is replaced by the following:

    (a) take all reasonable steps to cause payment to the recipient of any portion of the recipient's pension benefit that could be subject to diversion as a result of the application of the rules in paragraphs 36(c) to (g) to be delayed, in accordance with this section; and

37. Paragraphs 40(a) and (b) of the Act are replaced by the following:

    (a) the lump sum component of the finan cial support order shall be dealt with in accordance with the rules in paragraphs 36(c) to (g); and

    (b) where the maximum that could be diverted pursuant to paragraph (a) as a result of the application of the rules in paragraphs 36(c) to (g) exceeds the amount actually diverted pursuant to paragraph (a), then, in respect of that excess, section 39 applies, with such modifications as the circumstances require, to the periodic com ponent of the financial support order.

38. The Act is amended by adding the following after section 40:

Arrears of payment of support

40.1 Notwithstanding paragraph 36(d), (f) or (g), subsection 37(2) or section 38, 39 or 40, where the financial support order is an order or judgment for arrears of payments, the amount to be diverted may exceed fifty per cent of the recipient's net pension benefit.

39. Section 46 of the Act is amended by adding the following after paragraph (b):

    (b.1) respecting the provision of informa tion for the purposes of section 35.3;

40. The schedule to the Act is amended by adding the following after item 17:

18. Special Retirement Arrangements Act.