CIVIL SERVICE GARNISHEE ACT
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1 Province of Alberta CIVIL SERVICE GARNISHEE ACT Revised Statutes of Alberta 2000 Chapter C-16 Current as of January 1, 2002 Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at
2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this document are reminded that it has no legislative sanction. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.
3 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 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
4 RSA 2000 Section 4 CIVIL SERVICE GARNISHEE ACT Chapter C-16 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 2
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