Regulatory Initiative: Regulations Amending the Family Support Orders and Agreements Garnishment Regulations (Employee and Partner Rebate/Canada Savings Bond) - Forward Regulatory Plan 2012-2014

Title or working title of the regulatory initiative:

Regulations Amending the Family Support Orders and Agreements Garnishment Regulations (Employee and Partner Rebate/Canada Savings Bond)

Description of the objective:

The proposal intends to improve the effectiveness of the Family Orders and Agreements Enforcement Assistance Act, Part II, garnishment scheme; maintain its relevancy; reflect current practices; and continue to support federal, provincial-territorial cooperation in the area of support enforcement.

This proposal is considering the addition of the rebates given to an employee or a partner of a GST/HST registered partnership and the removal of the moneys payable by the Bank of Canada on account of regular interest Canada Savings Bonds from the list of designated moneys that can be garnished to satisfy support obligations.

Proposed amendments would also reflect the fact that Family Orders and Agreements Enforcement Assistance Act Part II application can be completed electronically by provincial enforcement services and would also ensure that the delay within which a notice to the debtor must be sent starts after service of both the garnishee summons and the application rather than upon service of the garnishee summons.

Enabling authority: Paragraphs 61(a), (b) and (h) of the Family Orders and Agreements Enforcement Assistance Act

Indication of business impacts:

There are no expected business impacts.

Public consultation opportunities:

Key stakeholders, including officials from the Bank of Canada, the Canada Revenue Agency and provincial enforcement services have already been consulted and support the proposed amendments.

In addition, public consultations will occur with the pre-publication of the proposed amendments in Part I of the Canada Gazette, likely by the end of summer 2013. As such, members of the public will have 30 days from the pre-publication date of the proposed amendments to provide their comments.

Departmental contact:

Amanda Stuart, Legal Counsel
Family, Children and Youth Section, Department of Justice Canada
284 Wellington Street, Ottawa, Ontario K1A 0H8
tel.: 613-957-1211

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.