Garnishment and Pension Diversion Amendments

Summary#

The final rules called Regulations Amending the Garnishment and Attachment Regulations and the Pension Diversion Regulations (SOR/2020-265) update how the federal government handles garnishing pay and diverting certain federal pensions to pay family support. They were published in the Canada Gazette on December 23, 2020 and registerd on December 4, 2020. The changes let people and agencies send documents electronically in some cases, simplify what documents a provincial enforcement service can use, and set a time limit on how long a garnishee summons can bind a former federal employee.

What it does#

• Updates form and wording rules for the Garnishment and Attachment Regulations and the Pension Diversion Regulations so their language matches recent changes to the law (the Garnishment, Attachment and Pension Diversion Act and related Acts).
• Removes some prescribed paper forms and an affidavit that were previously required for licence-denial applications under the FOAEAA. Provinces now use a form approved by the minister instead of a regulation-prescribed form.
• Allows documents and responses to be served by mail, registered mail or by any agreed electronic means (where the recipient agrees).
• Says a garnishee summons that applies to federal pay or a parliamentary entity stops binding the Crown 6 months after the last salary payment was made to the employee.
• Lets a provincial enforcement service (PES) apply for pension diversion using an uncertified copy of a support order and a statement of arrears, instead of forcing extra court steps or certified paperwork.
• Updates mailing addresses and moves the small-volume territorial garnishment registry work (Yukon, Nunavut, Northwest Territories) to the registry in the National Capital Region.
• Updates the list of group life insurance plans deducted from pension benefits before diversion (adds the Public Service Management Insurance Plan and modernizes RCMP plan references).
• Revises application forms and schedules used by the Department that handles pension diversion (the Government of Canada Pension Centre) and the Department of Justice garnishment registries.

Who's affected#

• Provincial enforcement services (PESs) — they can submit pension diversion applications without certified court copies and can submit electronic documents where agreed.
• People owed family support (support creditors) — the changes can speed up enforcement and reduce the need to return to court.
• Federal employees, former employees and pension plan members — those who owe support may see garnishment or pension diversion handled differently, and garnishment ends after 6 months from last pay.
• Federal departments, parliamentary entities (including the office of the Parliamentary Budget Officer) and garnishment registries — they will receive documents at updated addresses and may accept electronic submissions.
• Courts and lawyers — fewer certification requirements and fewer returns to court in pension-diversion cases.
• It is unclear whether any specific groups beyond those above will be directly affected; the rules are mainly administrative and procedural.

Why it matters#

• Faster payments: letting PESs apply with uncertified orders and statements of arrears can get money to people owed support sooner.
• Less paperwork and cost: removing some certification and affidavit steps saves time and court fees for creditors and PESs.
• Modern communication: allowing agreed electronic exchanges reduces paper, postage and processing delays.
• Clearer limits: the 6‑month limit on how long a garnishee summons binds a former employee helps departments avoid unknowingly being bound by old garnishments.
• Small administrative impact: officials expect low direct costs. The changes mainly reorganize processes and update contact points to match current government structures.

If you want a copy of the exact text or to check the rule’s legal start date, the Canada Gazette posting lists the regulations and the coming-into-force condition linked to another act; the effective day depends on when that related provision comes into force.