1.1 These guidelines take effect on April 1, 2012.
2.1 The guidelines elaborate on the Directive on Financial Management of Pay Administration which reflectsobligations under the Garnishment, Attachment and Pension Diversion Act (GAPDA).
2.2 The Garnishment, Attachment and Pension Diversion Act provides for the garnishment or attachment of HerMajesty in right of Canada and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments.
2.3 Part I of the GAPDA allows for the garnishment of wages and other remuneration paid to governmentemployees, as well as for the garnishment of fees paid to a contractor engaged as an individual under a contract for services.
2.4 Garnishment is a complex process that involves specific legislated timelines and a variety of differentparties, departments and legislation, both federal and provincial.
2.5 Garnishment Registries as specified in the GAPDA Regulations receive and review all garnishmentdocuments. They then forward the documents and instructions to departmental Human Resources and Compensation offices, who determine amounts and action the deductions through the Public Works andGovernment Services Canada payroll system. This information is then provided to the departmental finance office who then requisitions payment and produces and mails the remittance cheques. Thus, thetimely remittance of garnishment moneys is a responsibility shared between the compensation and finance officers in departments.
3.1 Definitions of terms used in these guidelines can be found in Appendix A.
4.1 As per the Directive on Financial Management of Pay Administration, departments and agencies are todesignate individuals in their organization as the "garnishee contact". Information such as the name, position title, telephone number, email and mailing addresses, and geographical area ofresponsibility of each garnishee contact is to be provided to the National Capital Region Garnishment Registry office located at the following address:
Garnishment Registry
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: GAPDA_LSAPD@justice.gc.ca
4.2 Upon receipt of the instructions from the Garnishment Registries, to assist in monitoring and to ensuretimely and systematic processing of garnishments, it is recommended that garnishee contacts keep a log detailing the processing of garnishment documents with the following information:
No action should be taken on a garnishment file unless the documents have been first served on the applicable Garnishment Registry and instructions received.
5.1 Garnishment information is confidential and personal, classified as "protected B". Therefore, it is recommended that this information be kept separate from the employee's personnel file. In cases where the garnishee summons is still active, the garnishment file should be transferred with the personnel file where an employee transfers/is hired by another federal department/agency subject to GAPDA.
5.2 Any electronic exchange of information relating to a garnishment file outside departmental networksshould be done through secured encrypted channels.
For a Specific file or GAPDA:
Enquiries concerning a specific file should be first directed to the garnishee contact, who in turn may contact the Garnishment Registry office that sent the initial documents if further information is required.
For questions related to these Guidelines:
Enquiries concerning these guidelines should be directed to your Corporate Compensation Manager or Financial Officer, who in turn, may contact:
Compensation and Labour Relations
Office of Chief Human Resources Officer
Treasury Board Secretariat
Interpretations@tbs-sct.gc.ca
In these guidelines, the following definitions apply:
Steps | Date | Process | OPI | Action |
---|---|---|---|---|
1. | May 6, 2010 | Documents served on Garnishment Registry | Provincial Court | Garnishment Registry reviews the documents served to ensure compliance with GAPDA. If in compliance, Registry forwards the Garnishment summons to the Department where it is believed the employee works based on the application. If not in compliance, documents returned to applicant |
2. | May 21, 2010 | The Crown is bound to act on the Garnishee Summons | DOJ | Departmental actions:
|
3. | June 9, 2010 | End of first pay period | Department | Departments cannot garnish at the end of the first pay period. |
4. | June 23, 2010 | End of second pay period | Department | Garnished amount required to be deducted from this pay, at the end of the second pay period. |
5. | July 8, 2010 | Department makes payment | Department | Departments are obligated to pay garnisheed amounts within 15 days after the second pay period. |
B - Subsequent Garnishments
1. Ongoing: Each subsequent payment to be made within 15 days of the end of each pay period where debt remains owing, no termination of garnishment is received and where the garnishee summons has not expired. Any additional payments outside regular pay periods made to employee are also subject to garnishment.
When an applicant intends to garnishee an employee's salary or individual contractor's fees, a garnishee summons is obtained and is served on the appropriate Garnishment Registry office together with a copy of the applicable order or judgment and required application.
The Garnishment Registries receive all garnishment documents required under Division I, Part I of the GAPDA as specified in the Regulations and:
On receiving the garnishment documents from a Garnishment Registry, the garnishee contact determines immediately if the judgment debtor is an employee of the department or agency. Where such determination is made, the garnishee contact:
Where it is determined that the judgment debtor is not an employee, the garnishee contact should make reasonable efforts to determine if the judgment debtor is a contractor or employee of another federal department or agency falling under the GAPDA. Where such determination is made, the garnishee contact should transfer the file promptly to the appropriate garnishee contact and advise accordingly the Garnishment Registry that sent the documents.
Where the judgment debtor is not an employee or contractor of Her Majesty, the garnishee contact advises the appropriate Court or MEP within fifteen days as set out in the garnishee summons and the appropriate Garnishment Registry.
Where the garnishment documents are received directly by a department or agency, they should be returned immediately to the applicant for service on the appropriate Garnishment Registry as set out in the GAPDA Regulations.
The garnishee summons binds Her Majesty 15 days after the day on which the documents are served on a Garnishment Registry.
In the case of a federal employee, the following money is bound by a garnishee summons:
Where no money is owed to a federal employee during a particular pay period for a particular reason or an employee is no longer employed by Her Majesty, the response form as required by the applicable provincial law should be sent to the court or the MEP office indicated in the garnishee summons indicating the reasons why no garnishable moneys will be sent. In these circumstances, a copy of such response must be provided to the appropriate Garnishment Registry.
When garnishment documents are served in accordance with the GAPDA, the garnishee summons is binding on the Crown, according to the garnishment laws of the province from which it was issued, even when the employee who is the judgment debtor resides or works outside that province.
Where during the validity period of a garnishee summons, an employee is not in receipt of salary / remuneration during a particular pay period, the garnishee contact advises the court or MEP, with a copy to the Garnishment Registry office, why no moneys are being garnisheed by completing the applicable provincial response form. The court or MEP, with a copy to the Garnishment Registry, is also to be informed when the final payment under a garnishee summons is submitted.
If an employee moves to another organization covered under Part 1, Division 1 of GAPDA, the garnishee summons is still in effect. Arrange to transfer the active garnishment file immediately to ensure that no garnishee payments are missed in any pay period. The Garnishment Registry office is to be notified, in writing, of the employee's organization change.
If an employee retires or moves to a private or a public organization not covered by Part I, Division 1 of the GAPDA, notify in writing the Garnishment Registry and the appropriate court or MEP of the termination date and provide details as to when final garnishment payments will follow. Note that severance payments are subject to garnishment.
If the department cannot identify satisfactorily the judgment debtor based on the information provided, the garnishee contact informs the Garnishment Registry immediately, as Section 6 of the Act continues to bind Her Majesty 15 days after the day the documents are served.
If the judgment debtor is not or is no longer an employee or contractor with the department or agency, the garnishee contact should make reasonable efforts to determine whether the judgment debtor is employed within another department or agency falling under Division I, Part I of GAPDA. Where another department or agency is identified, the garnishee contact should immediately transfer the documents to the other organization and inform the Garnishment Registry.
If it is determined that the judgment debtor is not or is no longer an employee or contractor of a department or agency falling under Division I, Part I of GAPDA, the garnishee contact should within fifteen days advise the Court or the MEP accordingly, with a copy to the Garnishment Registry.
In the case of a continuing garnishee summons, any supplementary payments (e.g. overtime or retroactive pay) received during the pay period are subject to garnishment, if required to satisfy the judgment;
If the garnishable salary of the employee changes as the result of a variation in the gross salary or an extra duty payment, the garnisheed amount is re-calculated and adjusted accordingly;
A garnishee summons may indicate either a fixed amount or percentage to be garnisheed per pay.
Where there is more than one active garnishee summons, the family support garnishee summons takes precedence over commercial debts. Garnishment on the commercial debt would only occur in a pay period if the garnishable amount under a family support garnishee summons amounts to less than the maximum allowed under provincial garnishment law for commercial debts
Any supplementary payments (overtime or retroactive pay) received during the pay period are also subject to garnishment, if required to satisfy the judgment.
A garnishee summons for family support payments may indicate a fixed percentage of the garnishee amount pay deduction is to be forwarded to the court or MEP on an on-going basis.
Upon receipt of the garnishment documents from a Garnishment Registry:
During the period between the date the garnishee summons is served on the Garnishment Registry and the date Her Majesty is bound by the garnishee summons (15 days after service of documents); authorize only payments to the contractor for services already performed. No advance payments may be made without prior clearance from Garnishment Registry, even if called for under the contract.
Withhold all garnishable fees becoming payable on the fifteenth day following the day on which Her Majesty is bound by the summons, (i.e. the thirtieth day after receipt of the garnishee summons), and
Garnisheed moneys are to be delivered to the court or the MEP office indicated in the garnishee summons within 15 calendar days after they are garnisheed. The cheque stub should clearly identify the name of the contractor and the applicable court file number or MEP case number.
Contractors: the garnishable fees payable on the fifteenth day following the day on which Her Majesty is bound by the garnishee summons, as well as any that become owingin the next 14 days; and, when the garnishee summons has a continuing effect, any garnishable fees becoming payable after that fifteenth day.
The garnisheed money is to be delivered to the court or the office indicated in the garnishee summons within 15 calendar days after the day on which the money was garnisheed. Failure to comply within the above time limits could increase the risk of liability and/or negative attention for the federal government.
For use by garnishee contacts and others involved in the garnishment process upon receipt of a garnishee summons: