ARCHIVED CD 1997-016

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May 27, 1997

Ottawa, Canada
K1A 0S5

SUBJECT: Pay Reporting Procedures for Garnishment of Salaries

1. PURPOSE

1.1 The purpose of this directive is to advise Departments and other Government agencies using the Public Works and Government Services Canada (PWGSC) pay system of the pay reporting procedures to be followed when a garnishee summons has been received.

2. CANCELLATION

2.1 This directive supersedes Services Pay Directives I983-54(8), dated March 15, 1983 and 1983-178(47) dated November 23, 1983.

3. BACKGROUND

3.1 The Garnishment, Attachment and Pension Diversion Act was proclaimed on March 11, 1983. The Act was subsequently amended by Bill C-41. Effective May 1, 1997, the requirement for a notice of intention to garnishee is eliminated.

3.2 This directive is to be read in conjunction with the Treasury Board Garnishment procedures, the Receiver General Directive 1983-5 "Garnishment of Public Servants'Salaries and Monies Owing to Individuals Employed Under Contracts for Services" and the Garnishment Act and Regulations.

4. POLICY

4.1 This directive is to be applied to all garnishments of salaries and wages paid out of the Consolidated Revenue Fund for accounts paid through the Regional Pay System.

4.2 The garnishee summons becomes binding on Her Majesty 15 days after the required documents are served on the Department of Justice.

4.3 Deductions for a garnishee summons must be withheld from the second pay period following the pay period in which Her Majesty is bound. The garnisheed money must be in the hands of the Court or the office indicated in the garnishee summons within 15 calendar days after the day on which the money was garnisheed.

4.4 Example:

• Summons was served at the Department of Justice on Monday, May 12, 1997.
• Summons was binding on Tuesday, May 27, 1997, (15 days after the day documents are served).
• Moneys must be deducted from the pay cheque dated Wednesday, June 25, 1997, (last day of the second pay period following the pay period in which the summons was binding).
• Moneys must be paid to the court within 15 days: from June 26 to July 10, 1997, inclusive.

5. PROCEDURES/INSTRUCTIONS

5.1 Upon receipt of the garnishee summons, the garnishee contact for the employing Department (or other authorized person) is required to determine if the amount of the cheque is adequate to cover the amount of the garnishee summons.

If the employee's net cheque is insufficient to cover the garnishment, specific deductions will be ceased upon request by the garnishee contact to the Pay and Benefits Section in the Department (refer to the Treasury Board Garnishment Procedures) commencing with the first pay cheque that is to be garnisheed.

5.2 Direct deposit may have to be suspended to ensure that the garnisheed money is available within the prescribed time limits.

5.3 A DSS-MAS 2517T (Personnel-Pay Input Form) or an on-line transaction must be raised and forwarded to the applicable PWGSC paying office to cease some or all of the employee's voluntary deductions and/or to suspend direct deposit as directed by the garnishee contact.

5.4 There is no retroactivity on the reinstatement of any deductions that have been ceased. It is the employee's responsibility to make any payment (e.g. credit unions, Canada Savings Bonds, etc.) for deductions that have not been withheld through the normal pay process because of a garnishee summons.

5.5 Upon receipt of a garnishee summons which affects a subsequent pay cheque or pay cheques, the Departmental Personnel Office, upon advice from the garnishee contact, will initiate a DSS-MAS 251 7T or an on-line transaction to reduce the employee's regular pay cheque by an amount equal to the amount to be submitted to the court for the pay period. The deduction codes to be input are as follows:

• 728 - Garnishment - Family Support Payments (each and every pay including pay period plus (PP+) or lump sum);
• 729 - Garnishment - Payment of Debts (each and every pay including PP+ or lump sum);
• 731 - Garnishment - Payment of Debts (fixed monthly amount to be collected in two equal installments from each of the two pay periods in the month, excluding PP+);
• 741 - Garnishment - Family Support Payments (fixed monthly amount to be collected in two equal installments from each of the two pay periods in the month, excluding PP+).

5.6. Manual Process when the Deadline Has Been Missed

1. When a garnishee summons is issued, and the deadline has been missed, the department, agency or corporation must return the employee's cheque stamped "Void/Non-negotiable" to Cheque Redemption Control Directorate using a Source 46 Journal Voucher crediting the Department's "Garnisheed Salaries Suspense Account".

   If the employee is on direct deposit, direct deposit must be suspended so that a paper cheque is available for this process.

2. The department, agency or Corporation then requisitions two cheques through their respective Accounts Payable Office; one to be paid to the Court for the amount specified under the garnishee summons, and the second cheque to be paid to the employee for the difference between the net salary cheque and the amount paid to the Court. The department debits the "Garnisheed Salaries Suspense Account" for the amount of the two requisitions.

   Note: When an employee's cheque has been withheld, the department must ensure the employee receives the balance due on the official pay day.

3. It must be emphasized that when requisitioning a cheque to be paid to the Court, care should be taken to include the complete name and address of the Court, the Garnishee Summons or Court Order number and any other pertinent data required by the Court.
4. Once the cheque to the Court has been issued by the PWGSC Accounts Payable Office, the Department will forward it to the appropriate Court.

For the further details, refer to Receiver General Directive 1983-5.

5.7. Automated Process for Payments to the Court

For payments from the employee's salary, either continuing or lump sum, the employing department or agency will be required to proceed as follows:

1. Authorize a deduction under code 728, 729, 731 or 741 from the employee's pay, using a DSS-MAS 2517T or an on-line transaction, to recover any monies that are to be paid to the Court as directed on the garnishee summons (see section 5.5 for the definition of codes).
2. Requisition a cheque for the amount specified by the Court from the nearest PWGSC Accounts Payable Office each time a deduction is withheld.

5.8 All persons involved in the processing of garnishee summons, must process them on a priority basis because of the time constraints imposed by the Garnishment Legislation.

6. INQUIRIES

6.1 Any request for information regarding the foregoing should be addressed to your PWGSC Compensation Services Office.

Original Signed by
P. Charko

P. Charko
Director General
Compensation Sector
Government Operational Service

Reference: CJA 9001-9