Frequently Asked Questions

Garnishment, Attachment and Pension Diversion Act (GAPDA)

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  What is the Garnishment, Attachment and Pension Diversion Act?

  Part I of this Act allows creditors to intercept wages of federal government employees and fees paid to individual contractors by the federal government to satisfy a civil debt, including family support obligations. This Part of the Act is administered by FLAS and by other garnishment registries across Canada, depending on where a garnishee summons is issued.,

  Part II of this Act allows support creditors to intercept certain pension benefits paid by the federal government to pay family support debts, but not other types of debt. FLAS does not administer Part II of the Act. The administration of pension diversions depends on where the pensioner was employed. More information can be found in GAPDA and its supporting regulations.

• Who is considered a federal employee for purposes of the Act?

  Federal employees include, for example, employees of federal departments and agencies; employees of some Crown corporations and commissions; members and employees of the House of Common, senators and Senate employees; judges to whom the Judges Act applies and some court employees (e.g. employees of the Supreme Court or the Federal Court of Canada).

• How can creditors apply to garnishee the wages of a federal government employee who owes them money?

  Creditors need to serve the following three documents to the correct garnishment registry:

  1. a completed application form JUS 339;
  2. a copy of the judgment or order against the debtor; and
  3. a garnishee summons that has been issued by a court within the previous 30 days.

  To serve the documents, send them by registered mail or by any method of service allowed by the law of the province. To find out about provincial laws, contact a lawyer or the provincial Attorney General. Information may also be available from a court in that province.

• What is considered to be salary for purposes of the Act?

  A garnishable salary includes a federal employee's basic pay as well as any amount payable as an allowance, special remuneration (pay), payment for overtime or other compensation or gratuity, except for amounts excluded under section 5 of the Garnishment and Attachment Regulations. Excluded amounts include, for example, reimbursements for out-of-pocket expenses incurred on the job, and compulsory deductions such as income tax, CPP/QPP contributions, Employment Insurance premiums, disability premiums and Superannuation contributions.

• Once the money is garnisheed, where does it go?

  The money is forwarded to one of two places:

  • If the garnishment is for family support, the money will be sent to the MEP or the court that issued the garnishee summons.
  • If the garnishment is for any other judgment debt, the money would go to the court or the Sheriff's Office that issued the notice of garnishment or the garnishee summons.
• Who can I talk to about the garnishment of my salary?

  Your primary point of contact would be your Pay and Benefits Office. They process all documents pertaining to the garnishment and calculate the necessary deductions from your pay. You can also contact the creditor, the MEP that submitted the application for garnishment or the court that issued the garnishee summons.

• When does garnishment stop?

  In most instances, the garnishment would stop when the debts owed have been paid in full. For family support obligations, there may be ongoing monthly payments owed.

• Why are processes different in some provinces?

  Although the GAPDA is a federal law, its application is affected by provincial and territorial laws and policies, which may vary from one jurisdiction to another. Under Canada's Constitution, the provinces and territories are responsible for most laws that apply to the collection of debts.

• How do I get my money back if the amount garnisheed from my salary exceeds the debt owed?

  In the case of overpayment, the court or the MEP that issued the garnishee summons will reimburse you should they receive more money than you owed.

• If my salary is being garnisheed, what will happen if I change federal departments?

  If you move to another organization covered under Part I, Division I of the GAPDA, the garnishee summons remains in effect. The garnishment file will be transferred to the new department to ensure that no garnisheed payments are missed in any pay period. The Department of Justice will be notified of the transfer by the department in question.

• Can a pension benefits paid by the federal government to a retired federal employee be seized to pay a debt?

  Part II of the GAPDA allows certain pension benefits paid by the federal government to be seized to pay family support debts but not other types of debt. FLAS does not administer this Part of the Act. More information on where to send an application for the diversion of a pension paid by the federal government can be found in Part II of GAPDA and in the supporting regulations. It would depend on the department where the pensioner worked. Some information on pension diversion under GAPDA can also be found on the web sites of various government departments – for example, Public Works and Government Services Canada and Department of National Defence.

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