GARNISHMENT OF WAGES
THE FEDERAL CROWN
Law and Government Division
WAGES PAID BY
THE FEDERAL CROWN
Recovery of a debt owed
can often be difficult and, in that regard, garnishment (or the "attachment
of debts" as it is sometimes called) has been described as "undoubtedly
the most powerful weapon in the arsenal of the creditor."(1)
Debtors often have few seizable assets, but are likely to have a bank
account or a job that pays wages or a salary. Garnishment is a frequently
used procedure that permits a creditor (the "garnishor" in this
case) to attach and seize debts owing by a third party to the debtor.
The third party, known as the "garnishee," is often an employer
of the debtor, or the debtors bank, but may be any person who is
or will become indebted to the debtor. Garnishment is equally effective
for family creditors in respect of debts arising from family support obligations.
In all Canadian jurisdictions, a garnishment process is available to creditors
who have obtained a money judgment in the appropriate court; in some of
those jurisdictions, garnishment is also permitted in certain instances
before judgment. Though the process varies from province to province,
generally speaking, in order to garnish, there must be a debt due or accruing
due. For these purposes, the term "debt" is most commonly used
to describe an obligation to pay a sum certain or a sum readily reducible
to a certainty. The obligation may or may not depend on an express or
Proceedings for the recovery
of a debt are usually conducted in the civil court of first instance in
each jurisdiction, known in most provinces and territories as the Supreme
Court or the Court of Queens Bench. Proceedings may also be conducted
in the Small Claims Court in jurisdictions where such a court exists and
the size of the claim permits. Generally speaking, a successful claim
for an unpaid debt will result in a judgment to pay money. Following judgment,
the usual mechanisms for enforcement are the issuance of a writ of execution
against goods or land or garnishment of moneys owing to the debtor. In
each province and territory, there are laws specifying that some minimum
amount of personal property owned by debtors, a portion of the debtors
wages, as well as certain other assets, are exempt from garnishment or
seizure under legal process.
At common law, a rule of
public policy is that wages or salaries payable by the Crown out of national
funds are not subject to attachment or other methods of execution.(3)
However, Part I of the Garnishment, Attachment and Pension Diversion
Act,(4) has reversed the
common law position in that, "notwithstanding any provision of any
other Act of Parliament preventing the garnishment of Her Majesty,"
it expressly permits the garnishment of federal salaries and remuneration
such as "fees, honoraria or other payments of like import" to
satisfy judgments or orders, including family maintenance orders. Thus,
salaries and wages paid to federal public servants, federally appointed
judges, Members of Parliament, employees of the Senate, the House of Commons
and the Library of Parliament, members of the Royal Canadian Mounted Police
and others paid by the federal Crown can be subject to garnishment and
Since Part I of the Act,
for the most part, makes the federal Crown bound by "provincial garnishment
law" in respect of the salaries or wages it pays, it is necessary
to look at the relevant provincial garnishment legislation to determine
what exemptions exist in respect of the garnishment of federal wages or
salaries. "Provincial garnishment law" is defined for purposes
of Part I as a provinces law of general application relating to
garnishment in force at the time in question. This paper therefore documents
the approach and any exemptions that are in place in each province and
territory with regard to the garnishment of wages or salaries, in respect
of both ordinary debts and those arising from family support obligations.
of Wages Act(5) stipulates
that the amount of wages or salary to be exempted from attachment or execution
under the Act must be set out by order of the Lieutenant Governor in Council.
The order may prescribe different amounts for single and married persons
According to the Attachment of Wages Exemption Order(7)
made pursuant to the Act, the net monthly amount exempt from attachment
or execution is:
in the case
of a married person supporting a spouse and more than one dependant,
the sum of $1,059, plus $47 for each dependant in excess of one;
The Act defines a "dependant"
a brother, sister, parent or grandparent;
a person under the age of 16 years; and
a person who is 16 or more years of age and who
is in regular attendance at school; or
(ii) because of mental or physical disability is unable to earn a
The Act also provides that,
where the debt due or accruing due consists of wages or salary covering
a period greater or less than one month, the part of it exempt from attachment
or execution will be in the same ratio to the exemption described above
as the ratio between the period in question and "one month or four
Nothing in the Act, however,
applies to an attachment or execution issued in respect of a family financial
support order.(11) According
to Newfoundlands Family Law Act,(12)
where there is a default in payment under a support order, a clerk of
the court may require the debtor, upon notice to:
file a financial statement;
submit to an examination as to assets and means; and
appear before the court to explain the default.(13)
Where it considers it appropriate
in such a proceeding, the court may make an attachment order directing
the employer to deduct from remuneration due to the debtor at the time
the order is served (or after due or accruing due) and to pay into court
a stated amount, including court costs.(14)
An attachment order with respect to family financial support has priority
over another seizure or attachment of wages or pension arising before
or after the service of the order.(15)
The Act further stipulates that an order for support may be enforced under
the Support Orders Enforcement Act.(16)
According to that Act,(17)
support orders may be registered by a creditor or a debtor with the Director
of Support Enforcement(18)
whose duty is to to enforce such registered orders.(19)
No other person is permitted to take proceedings to do so while an order
is registered with the Director.(20)
However, nothing in the Act prohibits the Director or a creditor from
taking proceedings under another Act to enforce a support order.(21)
Under the Support Orders
Enforcement Act, an obligation to pay money under a support order
may be enforced by garnishment of money payable to the debtor by another
person.(22) A garnishment
order may be made where either the debtor has already defaulted in payment
or where the judge considers that the circumstances warrant it in order
to secure payment under the support order.(23)
A garnishment order may include payment of arrears, a lump sum or future
periodic payments.(24) On
application by the debtor, a judge may, where satisfied that it would
be grossly unfair and inequitable to do otherwise, make an order specifying
the amount of money that is exempt from garnishment.(25)
According to Nova Scotias
Rules of Civil Procedure, under a garnishment order an employer
is required to pay the sheriff 15% of a judgment debtors gross wages.
In no case, however, shall the gross wages of a debtor supporting a family(26)
fall below $315 per week, or those of a single debtor fall below $210.
Under Nova Scotias
Maintenance Enforcement Act,(27)
the Director of Maintenance Enforcement must take all measures he or she
considers advisable to enforce a maintenance order filed with the Director
and in respect of which the parties have not opted out of the enforcement
program.(28) To enforce
a maintenance order, the Director may issue a garnishment requiring one
or more "income sources" of the "payor" (the person
required under a maintenance order to pay maintenance) to deduct specified
amounts from remuneration due to the payor at the time the order is served
(or thereafter due or accruing due).(29)
A garnishment binds every income source that is served with an order by
the Director, whether or not it is named in the order.(30)
An "income source" for purposes of the Act includes an individual,
a corporation or entity that owes a payor money for wages, salary or other
remuneration, commission, bonus, piece-work allowance; an accident, disability
or sickness plan benefit; a disability, retirement or other pension; an
annuity; a fee for service; rental income; or income of a type prescribed
by regulation.(31) The Act
specifically states that it "binds Her Majesty in right of the Province
and in right of Canada."(32)
In Prince Edward Island,
a discretionary policy is followed in determining the amount of wages
or salary exempt from garnishment. The regulations made pursuant to that
provinces Garnishee Act(33)
set out the amounts and purposes of sums that are exempt.(34)
The prothonotary of the P.E.I. Supreme Court calculates the amount on
the basis of an exemption for each "item of basic need" prescribed
by regulation, although "in no case shall the exemptions under this
section leave the judgment debtor with less income than he would receive
if he were a person wholly dependent for his income on payments made under
the Welfare Assistance Act."(35)
The monthly exemptions for "items of basic need" are set out
in the regulations as follows:
a rental allowance or, for a homeowner, an allowance covering mortgage
payments, taxes, fire insurance and other assessments provided that
the allowance does not exceed what reasonably might be expected to
be paid for accommodation of a comparable kind and quality in the
services: An allowance for the actual cost to the judgment debtor
of: necessary medical and surgical services, nursing, dental and optical
care; essential prescription drugs; and prosthetic appliances.(36)
The Garnishee Act
also stipulates that a judge who believes that a judgment debtor is in
receipt of a regular salary or wages may make an order for the attachment
of future accruing salary or wages until such time as the debt due to
the attaching creditor and costs are paid and satisfied.(37)
In determining the amount of the order, the judge must calculate and take
into account the exemption to which the judgment debtor would have been
entitled on wages due or accruing due (or must adopt such a calculation
already made by the prothonotary).(38)
Pursuant to the Prince Edward
Islands Maintenance Enforcement Act,(39)
the Director of Maintenance Enforcement must enforce maintenance orders
filed in the office of the Director.(40)
The Director may prepare a statement of any arrears and serve this on
the "payor" together with a notice requiring the payor to file
a financial statement in the Directors office and to appear in court
and explain the default.(41)
The court has the power to order that the wages of the payor be garnished
in the amount specified; the garnishee must pay the amount specified into
court without any hearing to show cause why he or she should not do so.(42)
The court may, on motion, vary the order if satisfied that there is a
material change in the payors circumstances.(43)
The Act also provides that the provisions of that provinces Garnishee
Act do not apply to any payment order made or enforced pursuant to
the Maintenance Enforcement Act.(44)
By virtue of a provision
in New Brunswicks Garnishee Act,(45)
wages due to the judgment debtor for his or her personal labour and services
on a hiring are exempt from garnishment.(46)
Where support orders are
filed with a court administrator, the provinces Family Services
Act(47) provides for
a system of automatic deduction of support payments by "income sources."
All support orders are automatically filed when they are made, unless
the person who would benefit from the order notifies the court to the
contrary.(48) An "income
source" for the above purposes is an individual, corporation or other
entity that owes money to a person against whom a support order has been
made, including: wages or salary; commission, bonus or piece-work allowance;
accident, sickness and disability benefits; disability, retirement or
other pension; an annuity, or income of a type prescribed by regulation.(49)
Where a support order has
been filed with the court, the person against whom the order was made
must, within 14 days, provide the court with required information and:
If the above requirement
is not complied with within the set time, a court administrator may make
a payment order directing an income source to pay the court a specified
amount.(51) As well, a person
against whom a support order has been made may request a court administrator
to make such an order.(52)
Where payments under a support order are in default, the court administrator
may, without prior notice to the debtor and without a hearing, direct
the income source to pay to the court, or to a person named in the order,
specified amounts to be applied against those payable under the support
According to the relevant
article of Quebecs Code of Civil Procedure,(54)
the following wages and other compensation are exempt from garnishment:
salaries and wages to the extent of 70% of the excess over the following
unseizable portion: $180 per week plus $30 per week for each dependant
in excess of two, if the debtor is supporting his consort, has a dependent
child, or is the main support of a relative; or $120 in all other
In calculating salaries
and wages, the following are excepted:
The same article provides
that in the case of family support orders, up to 50% of income is unseizable.(57)
An Act to Facilitate
the Payment of Support(58)
provides that a debtor of support shall make his or her support payments
to the Minister of Revenue for the benefit of the creditor.(59)
The court may, however, exempt a debtor from this obligation where he
or she establishes a trust guaranteeing the payment of support or where,
on a joint application of the parties, the court is satisfied that the
parties have consented and the debtor furnishes sufficient security to
guarantee support payments for three months.(60)
Otherwise, where a debtor is paid periodically by a source, the Minister
must collect support payment by deductions at source from the following
amounts and in the following order:
wages or other remuneration;
2) fees or
advances on remuneration, fees or profits;
granted under an Act in respect of a pension plan or compensation plan;
4) other amounts
specified by regulation.(61)
The Minister must determine
the sum that may be deducted at source, having regard to the support payments
to be made, up to the portion that is seizable for support debts as determined
under the Code of Civil Procedure. Arrears in support payments
may be included in that sum, in such proportion as the Minister determines.
For the purpose of determining that sum, all of the income sources set
out above are deemed to be salary.(62)
According to Ontarios
Wages Act,(63) 80%
of a persons wages is exempt from seizure or garnishment.(64)
The exception is that only 50% of a persons wages is exempt from
seizure or garnishment under an order for support or maintenance enforceable
in Ontario.(65) "Wages"
here, do not include an amount that the employer is required by law to
deduct from wages.(66) For
purposes of the Act, "wages" are defined to mean wages or salary,
whether the employment in respect of which they are payable is by time
or by the job or piece or otherwise.(67)
A judge of the court in
which a notice of garnishment is issued against a persons wages
may, on motion by the creditor on notice to the person, order a decrease
in the exemption from garnishment where satisfied that it is just to do
so, having regard to the persons financial circumstances and other
relevant matters.(68) Likewise,
the judge may (on motion by the person whose wages are being garnished
on notice to the creditor) order an increase in the exemption, where satisfied
that it is just to do so, having regard to the persons financial
circumstances and any other relevant matter.(69)
Under Ontarios Family
Responsibilities and Support Enforcement Act, 1996,(70)
consenting parents are able to opt out of the governments enforcement
program for support orders and deal directly with one another. To safeguard
the interests of vulnerable parties, however, a judge can prohibit opting
out. The Director of the Family Responsibility Office generally has an
obligation to enforce support deduction orders filed in his or her office.(71)
An "income source" that receives notice of a support deduction
order (made at the same time as a support order) must deduct from the
money owned to the payor the amount of support owed (or such other amount
that is set out in the notice), and must pay that money to the Director
for the person entitled to support.(72)
However, this total amount must not exceed 50% of the "net amount"
owed by the income source to the payor.(73)
"Net amount" is defined as the total amount owed by the income
source to the payor at the time payment is made to the Director, less:
income tax, Canada Pension Plan contributions, unemployment insurance,
union dues, and such other deductions as may be prescribed by the regulations.(74)
"Income source" is broadly defined for these purposes to mean
an individual, corporation, or other entity that owes or makes any payment,
whether periodically or in a lump sum, to or on behalf of the person required
to pay support under a support order, including wages, salaries, commissions,
bonuses, or piece-work allowances.(75)
Under Manitobas Executions
Act,(76) three months
wages or salary of the execution debtor are exempt from seizure under
a writ of execution.(77)
The provinces Garnishment
Act(78) provides that
the service of garnishment process on a garnishee binds a) any debt due
or accruing due at the time of service from the garnishee to the defendant
or judgment debtor, other than wages, and b) all wages that become due
and payable from the garnishee to the judgment debtor within one month
from the effective date of the garnishing process.(79)
The Act defines "wages" to include salary, commission and fees,
and any other money payable by an employer in respect of work or services
performed in the course of employment; but it does not include deductions
made by the employer under any federal or provincial Act.(80)
Except as otherwise provided in the Act, 70% of wages is exempt from seizure
or attachment under a garnishing order issued out of any court; in no
case shall the amount of exemption be less than a) in the case of a person
without dependants, $250/per month and b) in the case of a person with
one or more dependants, $350.(81)
Where the wages of a person are seized or attached under a maintenance
order as defined in the Act, the exemption allowed to that person is $250
per month. The Act specifies that in all these cases the exemption may
be in such greater amount as may be prescribed by regulation, per month
or pro rata for a shorter period.(82)
The Act provides that a
creditor who has under the Act initiated proceedings by way of seizure
or attachment of a persons wages or a debtor affected by such proceedings
may make an application in writing supported by affidavit to the clerk
of the appropriate court for an increase or decrease of the amount of
the exemption allowed.(83)
The clerk of the court must, within three days after the receipt of such
application, notify the persons affected of the date on which he or she
will consider the matter; this cannot be later than seven days after the
receipt of the application.(84)
After duly hearing the evidence adduced and having regard to all the circumstances,
the clerk may make an order confirming, increasing or reducing the allowed
no order can be made that a) would increase the exemption allowed under
the Act to more than 90% of the wages; or b) would reduce the wages to
an amount less than the exemption to which the employee is entitled as
set out above.(86)
The Act stipulates that
a person affected by an order confirming, increasing or reducing the exemption
allowed can, not later than 14 days from the date of the order, by a notice
of motion, appeal the order to a judge in chambers in the relevant court.(87)
The appellant must serve the motion on the clerk of the relevant court
and on every other person affected at least three days before the date
fixed for the hearing of the appeal.(88)
The judge hearing the appeal may confirm or vary the order but the exemption
may not exceed the maximum set out above.(89)
Part VI (Enforcement of
Maintenance Orders) of the provinces Family Maintenance Act(90)
generally applies in the case of a maintenance order (other than an order
for the payment of a lump sum) unless the person entitled to receive the
payments thereunder signs and files with the "designated officer"
a statement indicating that Part VI shall not apply. Where a maintenance
order to which Part VI applies is in default, the designated officer may
take one or more of a number of enumerated actions, including proceeding
to obtain a garnishing order, to enforce the order.(91)
The Act specifically states that the Garnishment Act applies with
respect to any garnishment issued to enforce a maintenance order under
the Family Maintenance Act.(92)
Attachment of Debts Act,(93)
service of a garnishee summons binds any debt due or accruing due from
the garnishee to the defendant or judgment debtor and all wages or salary
that become due or payable at any time within the following five days.(94)
The Act provides that, subject to the exception noted below, a garnishee
summons to attach a debt due or accruing due to a person in respect of
his or her wages or salary shall be made only where the claim of the creditor
against the debtor is upon a judgment.(95)
However, on application, a court or a judge satisfied that it will be
conducive to the ends of justice to do so, may make an order permitting
the issue of a summons before judgment; any party affected by such order
may move to set aside the summons.(96)
The procedure is set out in the Act.
The Act provides that the
amount of an employees wages or salary exempt from attachment in
any month is $500 plus $100 for each of his for her dependants.(97)
The Act defines a "dependant" for these purposes as including:
a) a wife, husband, brother, sister, parent, or grandparent; or b) a person
under the age of 16; or c) a person 16 years of age or more who is
in regular attendance at school or who by reason of mental or physical
disability is unable to earn a livelihood.(98)
The plaintiff or judgment
creditor may apply, on not less than five days notice, to the judge
for an order appraising the money value of the board or lodging, use of
house or other thing, that the plaintiff or judgment creditor claims is
received by an employee in addition to a fixed money wage or salary. The
value thus ascertained shall be deducted from the amount of the exemption
to which the debtor would otherwise be entitled.(99)
As well, the Act specifies
that, where the debt due or accruing due consists of wages or salary for
a period of less than one month, the part thereof exempt from attachment
will be in the same ratio to the exemption allowed by the Act as the relevant
period bears to "one month of four weeks."(100)
The Act expressly stipulates
that this exemption does not apply to a judgment or order respecting:
an action founded upon a separation agreement; a debt contracted for board
or lodging; or hospital expenses payable to a hospital or recoverable
by a municipality or by the Minister of Municipal Affairs under the Local
Improvement Districts Act or the Local Improvements District Relief
The Act does not apply to
a debt due under a maintenance order as defined in the Enforcement
of Maintenance Orders Act,(102)
which(103) a claimant
may, by filing a notice in writing, choose not to have filed in the Maintenance
However, where such an order has been filed, the Director of Maintenance
Enforcement may take such steps as he or she considers advisable, including
garnishment, to enforce the order.(105)
The garnishment procedure is set out in the Act, which stipulates that,
notwithstanding any other Act and subject to the provision noted below
and the regulations, no money is exempt from garnishment.(106)
However, on application by the person who has an obligation to pay a maintenance
order, a judge may, where he or she is satisfied that it would be grossly
unfair to do otherwise, make an order specifying the amount of money that
is exempt from garnishment.(107)
deals primarily with the enforcement of a money judgment. In any month
that the garnishee summons is in effect, the sum attached is the amount
by which an enforcement debtors net pay for the month exceeds his
or her actual employment earnings exemption for the month.(109)
The Act defines "net pay" to mean the total employment earnings
payable by an employer to a person in that month, minus any deductions
prescribed by regulation.(110)
The regulations set out those deductions as income tax, Canada Pension
Plan contributions, and unemployment insurance contributions.(111)
According to the Act, an
enforcement debtors actual employment earnings exemption for any
month is the sum of his or her minimum exemption plus one half of the
amount by which his or her net pay exceeds that amount. However, an employment
earnings exemption for any month must not exceed the maximum exemption.
The Act stipulates that both the minimum and maximum employment earnings
exemption for any month must be determined in accordance with the regulations:(112)
unless otherwise ordered by the court, the minimum employment earnings
exemption for any month is $800 plus $200 per dependant and the maximum
exemption is $2,400 plus $200 per dependant.(113)
On application, the minimum or maximum employment earnings exemption to
which the employment debtor is entitled may be varied by the Court.(114)
In considering such an application, the court should take into consideration
For the above purposes,
a "dependant" is defined to mean one or more of the following:
The above Act also stipulates
that the portion of an enforcement debtors employment earnings that
is exempt from garnishment and the portion that is attached by the garnishee
summons in respect of a judgment for the payment of alimony or maintenance
must be determined in accordance with Albertas Maintenance Enforcement
Under that Act,(118)
the Director of Maintenance Enforcement may enforce a maintenance order
filed with the Director in the manner he or she considers appropriate.(119)
When a debtor (the person required under a maintenance order to pay maintenance)
is in receipt of a salary, wages or other remuneration from an employer
or any other person engaging his or her services, the Alberta Court of
Queens Bench may on application make a garnishment order directing
the payment to a specific clerk of the court of a specified part of the
salary, wages or other remuneration.(120)
The part of the salary specified may include an amount to be applied to
reduce arrears of maintenance payable under the maintenance order.(121)
The garnishment order must be directed to the debtor and the employer
or other person engaging the debtors services and must be stated
to continue for the time fixed by the Court of Queens Bench or until
the Court orders otherwise.(122)
An order served on the garnishee binds that part of the wages, salary
or remuneration that is specified.(123)
Upon being served with a garnishment order, the employer is required to
notify the debtor and remit payment to the Court of Queens Bench
in accordance with the order.(124)
Under the provisions of
British Columbias Court Order Enforcement Act,(125)
70% of any wages due by an employer to an employee is exempt from seizure
or attachment under a garnishing order issued by a judge or registrar
of the B.C. Supreme Court. In no case shall the amount of the exemption
be less than
a) in the
case of a person without dependants, $100 per month, or proportionately
for a shorter period; and
b) in the
case of a person with one or more dependants, $200 per month, or proportionately
for a shorter period.(126)
For purposes of the above,
"wages" include salary, commissions and fees and any other money
payable by an employer to an employee for work or services performed in
the course of employment of the employee, but do not include deductions
from wages made by an employer under any federal or provincial Act.(127)
The Act provides that, notwithstanding
the above, where the wages of a person are seized or attached under a
court order for alimony or maintenance, a duly executed separation agreement,
or an order under section 17(2) of the Family Maintenance Enforcement
Act, the exemption allowed to that person is 50% of any wages due
where the wages do not exceed $600 per month, and 33 1/3% for wages in
excess of $600 per month; in no case is the exemption permitted to be
less than $100 per month, or proportionately for a shorter period.(128)
The Act also provides that
a creditor who has proceeded by way of seizure or attachment of wages
or a debtor affected by the proceedings may apply in writing to the registrar
of the Supreme Court (or, if the proceedings are in the B.C. provincial
Court, to a judge of that court), for an increase or reduction of the
The registrar or judge must, within three days after receipt of the application,
notify the persons affected of the date on which he or she will consider
the matter, which must not be later than seven days after the receipt
of the application.(130)
After considering all the evidence presented and having regard to all
the related circumstances, the registrar or judge may make an order confirming,
increasing or reducing the exemption allowed.(131)
However, no order can have the effect of increasing the allowed exemption
to more than 90% of the wages due, or reducing the wages below $100 per
month for a person without dependants or $200 per month for a person with
one or more dependants, or proportionately for a shorter period.(132)
Where a debtor is in default
with respect to a maintenance order filed with the Director of Maintenance
Enforcement under the Family Maintenance Enforcement Act,(133)
the Director may commence garnishment proceedings in accordance with the
Under the Northwest Territories
exempt from garnishment of a debtors wages is the sum of $300, as
well as a further $100 for each adult and $80 for each child who is wholly
or partly dependent on the debtor for maintenance and support, for each
calendar month in which the wages or salary is payable and a garnishee
summons is in force.(136)
This exemption applies to each occasion during the calendar month on which
the employee is paid.(137)
The exemption does not apply in a few instances, including where a garnishee
summons has been issued on a judgment or order for the payment of alimony
or maintenance.(138) As
well, the wages or salary of an employee are exempt from garnishment to
the extent of the amounts required to be deducted by the employer of the
debtor by or under a federal Act or an Act of the Territories.(139)
The Supreme Court of the Northwest Territories may, on application, reduce
the statutory exemption where the spouse or a dependant of a debtor is
receiving remuneration, whether or not the spouse or dependant is joined
as a debtor.(140)
According to the Northwest
Territories Maintenance Orders Enforcement Act,(141)
a Maintenance Enforcement Administrator who wishes to enforce by attachment
a maintenance order filed in his or her office may serve two copies of
the order and the notice of attachment on the employer of the maintenance
debtor named in the order.(142)
The employer must as soon as possible deliver or mail to the debtor one
copy of these documents.(143)
Subsequently, the employer must pay to the credit of the Government of
the Northwest Territories any money payable to the debtor or that becomes
payable from time to time thereafter, up to the amount shown in the order.(144)
The prescribed monthly exemption from such attachment must be not less
than $300 and, where the debtor has dependent children in his or her custody,
a further amount of $80 for each child.(145)
An attachment of wages under
the Maintenance Orders Enforcement Act has priority over any other
attachment or assignment of, or claim against such wages.(146)
The Yukon Garnishee Act(147)
stipulates that, except as otherwise provided in the Act, 70% of the wages
payable from time to time by an employer to a debtor is not attachable
under a writ of garnishment; however, in no case shall the amount of the
monthly exemption be less than
a) in the
case of a debtor supporting at least one dependant, $1,000 and where
he or she supports at least four dependants, an additional $150 for
the fourth dependant and for each additional dependant after the fourth
b) in the
case of a debtor who supports no dependants, $600.(148)
The amount of the debtors
exemption may be reduced by the court upon the creditors application
a) the judgment
obtained by the creditor against the debtor was for a debt owing for
board and lodging, or
b) the creditor
establishes to the satisfaction of the court that the exemption is excessive
in view of the debtors financial resources and commitments, and
the provisions that may be made for the support and maintenance of the
debtor and his or her dependants.(149)
For purposes of the Act,
"wages" means wages, salary, commissions, fees and money payable
by an employer to a debtor in respect of work done or services performed
in the course of employment.(150)
According to the Yukons
Maintenance and Custody Orders Enforcement Act,(151)
it is the duty of the Director of Maintenance and Custody Enforcement
to enforce maintenance orders filed in the Office of the Director.(152)
An obligation to pay money under a maintenance order may be enforced by
garnishment in accordance with the provisions of the Garnishee Act.(153)
C.R.B. Dunlop, Creditor Debtor Law in Canada, Carswell,
2nd ed., 1995, p. 363.
Ibid., p. 16.
For example, Flarty v.Odlum, (1790) 3 Times Reports 681.
R.S.C. 1985, c. G-2 as amended.
R.S. Nfld. 1990, c. A-20 as amended.
Ibid., s. 3(2).
Consolidated Newfoundland Regulations, Regulation 953/96.
Ibid., s. 2.
R.S.Nfld. 1990, c. A-20 as amended, s. 2.
Ibid., s. 4(1).
Ibid., s. 8.
R.S.Nfld. 1990, c. F-2 as amended.
Ibid., s. 51(1).
Ibid., s. 53(1).
Ibid., s. 53(3).
Ibid., s. 56.
R.S.Nfld. 1990, c. S-31 as amended.
Ibid., s. 4(1).
Ibid., s. 3(2).
Ibid., s. 4(4).
Ibid., s. 4(5).
Ibid., s. 14(1).
Ibid., s. 17(2).
Ibid., s. 17(3).
Ibid., s. 25.
Nova Scotia, Rules of Civil Procedure, Rule 53.02.
S.N.S. 1994-5, c. 6 as amended.
Ibid., s. 6, 7.
Ibid., s. 19(1).
Ibid., s. 19(2).
Ibid., s. 2(d).
Ibid., s. 3.
R.S.P.E.I. 1988, c. G-2 as amended.
Ibid., s. 17(2).
Ibid., s. 17(3).
Regulations under the Garnishee Act, R.R.P.E.I., c. G-2, s. 3.
R.S.P.E.I. 1988, c. G-2 as amended, s. 17(5).
Ibid., s. 17(6).
R.S.P.E.I. 1988, c. M-1 as amended.
Ibid., s. 2(2).
Ibid., s. 11(1).
Ibid., s. 11(4.1).
Ibid., s. 11(5).
Ibid., s. 17.
R.S.N.B. 1973, c. G-2 as amended.
Ibid., s. 31.
S.N.B. 1980, c. F-2.2 as amended.
Ibid., s. 122.2.
Ibid., s. 111.
Ibid., s. 122.3(1).
Ibid., s. 122.3(2).
Ibid., s. 122.4.
Ibid., s. 123.3.
R.S.Q., c. C-25 as amended.
Ibid., Art. 553.
S.Q. 1995, c. 18 as amended.
Ibid., s. 2.
Ibid., s. 3.
Ibid., s. 11.
Ibid., s. 15.
R.S.O. 1990, c. W.1 as amended.
Ibid., s. 7(2).
Ibid., s. 7(3).
Ibid., s. 7(1).
Ibid., s. 1.
Ibid., s. 7(4).
Ibid., s. 7(5).
S.O. 1996, c.31.
Ibid., s. 20(1).
Ibid., s. 22(1).
Ibid., s. 23(1).
Ibid., s. 23(5).
Ibid., s. 1(1).
R.S.M. 1987, c. E-160 as amended.
Ibid., s. 3, 4, 23.
R.S.M. 1987, c. G-20 as amended.
Ibid., s. 4.
Ibid., s. 1.
Ibid., s. 5.
Ibid., s. 7.
Ibid., s. 8(2).
Ibid., s. 8(3).
Ibid., s. 8(4).
Ibid., s. 8(5).
Ibid., s. 8(6).
Ibid., s. 8(7).
Ibid., s. 8(5), (8).
R.S.M. 1987, c. F-20 as amended.
Ibid., s. 55(4).
Ibid., s. 59(3).
R.S.S. 1978, c. A-32 as amended.
Ibid., s. 5(1).
Ibid., s. 9(1).
Ibid., s. 9(2).
Ibid., s. 22(2).
Ibid., s. 22(3).
Ibid., s. 22(5).
Ibid., s. 22(7).
Ibid., s. 22(8).
Ibid., s. 2.1.
S.S. 1984-85-86, c. E-9.2 as amended.
Ibid., s. 7(5).
Ibid., s. 8, 14.
Ibid., s. 27(1).
Ibid., s. 27(2).
S.A. 1994, c. C-10.5 as amended.
Ibid., s. 81(1).
Ibid., s. 77.
Alberta, Civil Enforcement Regulation, Regulation 276/95, s. 39(1).
S.A. 1994, c. C-10.5 as amended, s. 81(1).
Alberta, Civil Enforcement Regulation, Regulation 276/95, s. 39(2).
Ibid., s. 39(4).
Ibid., s. 36.
S.A. 1994, c. C-10.5 as amended, s. 81.
S.A. 1985, c. M-0.5 as amended.
Ibid., s. 5.
Ibid., s. 5, 14(1).
Ibid., s. 14(2).
Ibid., s. 14(3).
Ibid., s. 14(4).
Ibid., s. 14(5).
R.S.B.C. 1979, c. 75 as amended.
Ibid., s. 4(4).
Ibid., s. 1.
Ibid., s. 4(6).
Ibid., s. 5(1).
Ibid., s. 5(2).
Ibid., s. 5(3).
Ibid., s. 5(4).
S.B.C. 1988, c. 3 as amended.
Ibid., s. 15(1).
R.S.N.W.T. 1988, c. E-9 as amended.
Ibid., s. 9(1).
Ibid., s. 9(2).
Ibid., s. 9(3).
Ibid., s. 9(5).
Ibid., s. 9(4).
R.S.N.W.T. 1988, c. M-2 as amended.
Ibid., s. 17(1).
Ibid., s. 17(3).
Ibid., s. 17(4).
Ibid., s. 17(5).
Ibid., s. 20.
R.S.Y. 1986, c. 78 as amended.
Ibid., s. 22(1).
Ibid., s. 22(2).
Ibid., s. 1.
R.S.Y. 1986, c. 108 as amended.
Ibid., s. 2.
Ibid., s. 10.