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Garnishment, Attachment and Pension Diversion Act

Version of section 8 from 2019-06-21 to 2024-04-01:


Marginal note:Moneys bound by service of garnishee summons

 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons binds Her Majesty in respect of the following money to be paid by Her Majesty 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 Her Majesty 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 5(b),

    • (i) the remuneration payable, in respect of the department or Crown corporation named in the application referred to in section 6, on the fifteenth day following the day on which Her Majesty is bound by the garnishee summons, and

    • (ii) either

      • (A) any remuneration becoming payable in respect of that department or Crown corporation in the thirty days following the fifteenth day after the day on which Her Majesty is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

      • (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable in respect of that department or Crown corporation subsequent to the fifteenth day after the day on which Her Majesty is bound by the garnishee summons.

  • R.S., 1985, c. G-2, s. 8
  • 1997, c. 1, s. 26
  • 2019, c. 16, s. 87

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