FEDERAL REG

SOR/2017-48: Garnishment and Attachment Regulations — Regulations Amending Garnishment, Attachment and Pension Diversion Act

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
March 24, 2017


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Regulatory amendments were required to the Garnishment and Attachment Regulations (Regulations) to ensure that they were reflective of changes to federal legislation and practices. Background Part I of the Garnishment, Attachment and Pension Diversion Act (GAPDA) permits the garnishment of salaries and pa... (Click for more)


Published on March 30, 2017

Bill Summary

SOR/2017-48: Garnishment and Attachment Regulations — Regulations Amending Garnishment, Attachment and Pension Diversion Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Regulatory amendments were required to the Garnishment and Attachment Regulations (Regulations) to ensure that they were reflective of changes to federal legislation and practices. Background Part I of the Garnishment, Attachment and Pension Diversion Act (GAPDA) permits the garnishment of salaries and payments to senators, members of Parliament, federal employees and contractors where an applicant serves an application, a copy of the order against the debtor and a garnishee summons on the appropriate garnishment registry of Her Majesty, the Senate, the House of Commons or other parliamentary entity listed in Division IV of the GAPDA. The addresses of garnishment registries and a method of response are prescribed in the Regulations. Upon receipt, registries review and forward the documents with instructions to compensation offices who process the garnishment. The Judges Act and the Federal Courts Act were amended by Bill C-43, the Economic Action Plan 2014 Act, No. 2,on December 16, 2014. The amendments adjusted prothonotaries’ compensation and brought prothonotaries under the same annuity and administrative processes that apply to federally appointed judges. Consequential amendments to the GAPDA added the term “prothonotaries” to the provisions applicable to judges subject to the Judges Act. As a result, the addition of the term “prothonotaries” to the provisions of the Regulations applicable to judges subject to the Judges Act is required to ensure service of garnishment documents on the appropriate registry. On June 23, 2015, Bill C-59, the Economic Action Plan 2015 Act, No. 1, received royal assent and the Parliamentary Protective Service (PPS) was established to manage the integrated security operations throughout the parliamentary precinct and Parliament Hill. This new parliamentary entity was included in the garnishment scheme under the GAPDA. Amendments are required to prescribe an address for service of documents on the PPS in order for the GAPDA garnishment scheme to be initiated and allow the PPS to use the prescribed method of response. Currently the Regulations prescribe a Registry location in Nunavut. However, garnishment documents served in Nunavut are forwarded to the Registry located in the Northwest Territories for processing. Garnishment documents related to Nunavut will now be served directly on the Northwest Territories registry to ensure timely processing. Objectives The amendments ensure the Regulations are complete and accurate by providing the correct registry addresses and by allowing the PPS to use the prescribed method of response, which is currently available to other parliamentary entities. Description In light of the changes in federal legislation and practices described above, the Regulations are amended as follows: An amendment adds a reference to “prothonotary” in subsection 4(2) of the Regulations so that garnishment documents related to prothonotaries are served on the same registry as judges to whom the Judges Act applies. An amendment to section 4.1 prescribes a registry address for the service of garnishment documents relating to the PPS, while another amendment allows the PPS to respond to a garnishee summons by the method prescribed in section 4.3. An amendment specifies, in paragraph 4(1)(o) of the Regulations, the address of the Northwest Territories Registry for service of garnishment documents related to Nunavut. Finally, the GAPDA application form is amended accordingly. “One-for-One” Rule The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs to business. Small business lens The small business lens does not apply to these amendments as there are no costs on small business. Consultation The Speakers of the Senate and of the House of Commons were consulted in accordance with section 24 of the GAPDA. No comments or concerns were raised. Rationale The GAPDA was adopted to help creditors enforce the payment of outstanding debts, particularly family support obligations. The Regulations specify the addresses where garnishment documents are to be submitted to engage the process in relation to prothonotaries, the PPS and Nunavut. The Regulations allow Her Majesty and parliamentary entities to respond to a garnishee summons by notice containing prescribed information. Allowing the PPS to respond by this prescribed method ensures consistency between parliamentary entities. Implementation, enforcement and service standards These Regulations will come into force upon registration. Implementation of these amendments is carried out by the registries and the compensation offices that are responsible for administering the garnishment process within the federal government departments, the prescribed Crown corporations and the parliamentary entities. Compliance with the GAPDA, Part I, and its Regulations continues to be assured by those parties. Any costs associated with these amendments will be absorbed through existing resources. Contact Department of Justice Email: [email protected] Footnote a S.C. 2015, c. 36, s. 134 Footnote b R.S., c. G-2 Footnote 1 SOR/83-212

This Bill does not amend any statutes.

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