DATE: April 7, 1997
TO: Senior Full-time Financial Officers and Heads of Human Resources
c.c.: Heads of Compensation
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.
C. Davis
Director, Financial Management Policy Division
Deputy Comptroller General Branch |
Linda Gobeil
Director, Labour Relations and Human Resources
Management Division
Human Resources Branch |
|