Order respecting Time Limits and Other Periods Established by the Garnishment, Attachment, and Pension Diversion Act (COVID-19)

From:      Department of Justice Canada

Department of National Defence

Department of Finance Canada

Department of Public Works and Government Services

The Minister of Justice, the Minister of National Defence, the Minister of Finance and the Minister of Public Works and Government Services, pursuant to subsection 7(1) of the Time Limits and Other Periods Act (COVID-19) ^{Footnote 1} , make the annexed Order Respecting Time Limits and Other Periods Established by the Garnishment, Attachment and Pension Diversion Act (COVID-19).

Ottawa, September 30, 2020

David Lametti

Minister of Justice

Harjit Singh Sajjan

Minister of National Defence

Chrystia Freeland

Minister of Finance

Anita Anand

Minister of Public Works and Government Services

Order Respecting Time Limits and Other Periods Established by the Garnishment, Attachment and Pension Diversion Act (COVID-19)

Extensions – subsection 39(2) of Act 1

The 30-day time limit established by subsection 39(2) of the Garnishment, Attachment and Pension Diversion Act is extended by 30 days or to December 31, 2020, if that day occurs before the day on which the 30-day extension ends, and the further period of 90 days established by that subsection is extended by 180 days or to December 31, 2020, it that day occurs before the day on which the 180-day extension ends.

Explanatory Note

(This note is not part of the Ministerial Order.)

Issues

Under subsection 7(1) of the Time Limits and Other Periods Act (COVID-19), ministers may make orders to suspend or extend time limits found in scheduled laws for which they are responsible, for the purpose of mitigat­ing the economic effects of the coronavirus disease 2019 (COVID-19).

The Garnishment, Attachment and Pension Diversion Act (GAPDA) is listed in the Schedule to the Time Limits and Other Periods Act (COVID-19). It allows for the diversion of federal pension plan benefits to satisfy a pension recipient’s financial support obligation. Responsibility for pension diversion under GAPDA is divided between four ministers: the Minister of Justice, the Minister of National Defence, the Minister of Finance and the Minister of Public Services and Procurement. When the recipient has requested to receive their pension benefits in a lump sum payment and the support creditor is enforcing an order for a periodic payment of support against the recipient’s pension benefit, the support creditor would only be entitled to receive a single payment equal to the amount of one of the periodic payments. Time limits are provided under the GAPDA to allow the support creditor to apply to the court to vary the support order to provide instead for a lump sum payment of support and to obtain and provide the minister responsible for the relevant pension with the variation order.

The objective of this order is to extend the time given to a support creditor to inform the relevant minister that an application to the court to vary the support order was made and the time to submit the varied order to that minister.  The order provides that these time limits are not extended beyond December 31, 2020.