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.

The WEPP provides payment of wages, earned vacation, severance and termination pay that are owed to eligible workers when their employer declares bankruptcy or becomes subject to a receivership. The maximum payment would be approximately $3,323 (equivalent to four weeks of insurable Employment Insurance earnings), minus amounts prescribed by regulations. The amount to be garnisheed would vary according to provincial garnishment laws, which stipulate a maximum garnishable percentage.

Interested persons are invited to submit comments on the proposed regulations before March 19, 2011 to Sylviane Deslauriers, Counsel, Family, Children and Youth Section, Department of Justice, 284 Wellington St., Ottawa, Ontario K1A 0H8 (tel.: 613-954-4723; fax: 613-952-9600).