Changes to the Garnishment, Attachments and Pension Diversion Act (GAPDA)

DATE:  April 7, 1997

TO: Senior Full-time Financial Officers and Heads of Human Resources

SUBJECT:  Changes to the Garnishment, Attachments and Pension Diversion Act (GAPDA)

For departments, the impact of the changes to GAPDA is on the process related to garnishing employees' salaries and contractors' fees. Time limits provided for various actions have changed. As well, the requirement to file a Notice of Intention before a garnishee summons could be served is eliminated.

The following changes impact on departmental procedures:

• The Notice of Intention to garnishee is replaced by a garnishee summons, together with a copy of the order against the debtor as well as an application. Previously, the required documents were served in a two step process.
• The garnishee summons becomes binding on Her Majesty 15 days after the required documents are served on the Department of Justice.
• In the case of salary, the moneys bound by service of the garnishee summons, is the garnishable salary to be paid on the last day of the second pay period following the pay period in which Her Majesty is bound.
• In the case of contractors, the moneys bound by service of the garnishee summons, is the garnishable fees payable 15 days after Her Majesty is bound by the garnishee summons and additional fees that become payable thereafter.

Where a Notice of Intention is served prior to May 1, 1997, the earlier procedures continue to apply. The attached Garnishment and Attachment procedures apply to garnishee summons served on and after May 1, 1997.

Please ensure that your departmental procedures are updated accordingly to ensure timely and appropriate actions.

Questions about these procedures should be addressed to France Collin at 952-3211 for issues related to pay administration or to Gilles Vézina at (613) 957-9660 or Morris Samel at (613) 957-9674 for issues related to contractors' fees.