Canadian Payroll Reporter
Mar 4, 2011

Amendments to family support orders, garnishment regulations

WEPP, apprenticeship completion grant affected

The federal government has proposed new regulations under the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) that would designate two new income-related federal sources of funds under section 3 of the Act.

The amendments propose the apprenticeship completion grant and payments made under the wage earner protection program (WEPP) as federal source funds that can be garnished to satisfy family support obligations.

To effect garnishment of designated federal funds, an applicant must provide the Minister of Justice an application and a garnishee summons. The department of justice proposes to allow provincial enforcement services to serve the garnishee summons by means of electronic communication.

The addition of the apprenticeship completion grant and the WEPP as source funds to the list of “garnishable moneys” under section 3 of the regulations is consistent with the federal support enforcement policy and will contribute to improve the economic well-being of families and, in particular, of children, said the government. Support debtors do not lose the value of the garnisheed funds because the money is used to satisfy their support obligations.