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Garnishment, Attachment and Pension Diversion Act

Version of section 21 from 2019-06-21 to 2024-11-26:


Marginal note:Moneys bound by service of garnishee summons

 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid to the debtor named in the garnishee summons:

  • (a) in the case of a salary,

    • (i) the salary to be paid, no later than the last day of the second pay period following the pay period in which the parliamentary entity is bound by the garnishee summons, and

    • (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

  • (b) in the case of remuneration described in paragraph 17(b),

    • (i) the remuneration payable on the 15th day following the day on which the parliamentary entity is bound by the garnishee summons, and

    • (ii) either

      • (A) any remuneration becoming payable in the 30 days following the 15th day after the day on which the parliamentary entity is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or

      • (B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th day after the day on which the parliamentary entity is bound by the garnishee summons.

  • R.S., 1985, c. G-2, s. 21
  • 1997, c. 1, s. 30
  • 2004, c. 7, s. 13
  • 2006, c. 9, s. 13
  • 2015, c. 36, s. 131
  • 2017, c. 20, s. 166
  • 2019, c. 16, s. 96

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