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CIVIL SERVICE GARNISHEE ACT

CIVIL SERVICE GARNISHEE ACT

Chapter C‑16

Table of Contents

                1       Definition

                2       Attachment of wages

                3       Rules of Court

                4       Service of summons

                5       Wages accrue from day to day

                6       Exemption from attachment


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definition

1   In this Act, “department” means a department as defined in the Financial Administration Act.

1994 c23 s8

Attachment of wages

2   A person who obtains a judgment or order for the payment or recovery of money against a person employed in a department or by a board or commission of the public service of Alberta may, for the purpose of enforcing the judgment or order, attach the wages or salary due or accruing due to the employee.

RSA 1980 cC‑11 s1;1994 c23 s8

Rules of Court

3   Except as otherwise provided by this Act, the provisions respecting garnishment provided for under the Civil Enforcement Act apply, with all necessary modifications, to the attachment of wages or salary under this Act.

RSA 1980 cC‑11 s2;1994 cC‑10.5 s116

Service of summons

4(1)  When the judgment debtor is employed in a department or paid from a departmental vote, the garnishee summons is to be served on the Minister who administers the department.

(2)  When the judgment debtor is employed and paid by a board or commission, the garnishee summons shall be served on the board or commission.

RSA 1980 cC‑11 s3;1994 c23 s8

Wages accrue from day to day

5(1)  For the purposes of this Act, wages or salary are deemed to accrue due from day to day.

(2)  Notwithstanding subsection (1), a Minister, a board or a commission is not compelled to pay wages or salary otherwise than in accordance with any Act or regulations or rules relating to the payment of any class of employees in the public service.

RSA 1980 cC‑11 s4;1994 c23 s8

Exemption from attachment

6   The wages or salary of an employee are exempt from attachment under this Act to the extent of

                                 (a)    that portion of the wages or salary determined as being exempt from attachment under the provisions respecting garnishment provided for under the Civil Enforcement Act,

                                 (b)    any amounts required to be deducted by a Minister or a board or commission, by or under an Act of the Parliament of Canada or of Alberta, and

                                 (c)    the amounts of any deductions made at the direction of the employee or as a consequence of an assignment made by the employee, if the deduction is included in a class of deductions designated by an order of the Lieutenant Governor in Council as exempt deductions for the purpose of this section.

RSA 1980 cC‑11 s5;1994 cC‑10.5 s116;1994 c23 s8