Human Resources Legislative Update

New Federal Family Support Garnishment Regulations

Human Resources Legislative Update

New Federal Family Support Garnishment Regulations

Date: February 22, 2011

On February 19, 2011, the federal government proposed new regulations under the Family Orders and Agreements Enforcement Assistance Act relating to the garnishment of designated federal monies for the purposes of family support obligations.

Specifically, the proposed regulations would designate two new income-related federal sources of funds under section 3 of the Act, including payments made by employers, monitors and trustees under the Wage Earner Protection Program (“WEPP”).

The regulations would further allow provincial enforcement services (such as the Ontario Family Responsibility Office) to serve the garnishee summons by way of electronic communications, which is already permitted in respect of a garnishment application under section 7 of the Act.