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RSNL1990 CHAPTER P-41

PUBLIC OFFICIALS GARNISHEE ACT

Amended:

1996 cJ-1.1 s199; 1999 c31

CHAPTER P-41

AN ACT RESPECTING THE GARNISHMENT AGAINST THE REMUNERATION OF PUBLIC
OFFICIALS

Analysis



Short title

        1. This Act may be cited as the Public Officials Garnishee Act.

1981 c21 s1

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Definitions

        2. In this Act

             (a)  "garnishment" includes attachment;

          (a.1)  "public official" means a person to whom this Act applies; and

             (b)  "salary" includes

                      (i)  a basic pay or wage,

                     (ii)  a fee to an individual under a personal service contract, and

                    (iii)  an amount received as an allowance, special remuneration, payment for overtime or other compensation or as a gratuity unless that amount is considered to be or to have been excluded from the public official's basic pay under regulations made under paragraph 9(c).

1981 c21 s2; 1999 c31 s2

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Application of Act

        3. This Act applies to a public official who is

             (a)  an employee of the Crown;

             (b)  an employee of an agency of the Crown;

             (c)  a Provincial Court judge appointed under theProvincial Court Act;

             (d)  a member of the House of Assembly; and

             (e)  a minister of the Crown.

1981 c21 s3

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Attachment of salary

        4. A person who obtains a judgment or order for the payment or recovery of money against a public official may, for the purposes of enforcing the judgment or order, garnish the salary due or accruing due to the public official in accordance with the Judgment Enforcement Act.

1981 c21 s4; 1996 cJ-1.1 s199; 1999 c31 s3

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Rep. by 1996 cJ-1.1 s199

        5. [Rep. by 1996 cJ-1.1 s199]

1996 cJ-1.1 s199

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Service of summons

        6. (1) Where the salary of a judgment debtor is paid from a vote provided for in the estimates of Revenue and Expenditure the garnishee summons shall be served upon the Comptroller General of Finance.

             (2)  Where the salary of a judgment debtor is paid by an agency of the Crown the garnishee summons shall be served upon the agency.

1981 c21 s6; 1985 c13 s9

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Prohibition

        7. A public official may not be dismissed, suspended, laid off or required to vacate office by reason only that garnishment proceedings have been taken with respect to that official.

1981 c21 s7

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Exemption

        8. The salary of a public official is exempt from garnishment under this Act to the extent of

             (a)  that portion of the salary determined as being exempt from enforcement under theJudgment Enforcement Act;

             (b)  amounts required to be deducted by the Minister of Finance or an agency of the Crown under an Act of the Legislature or the Parliament of Canada; and

             (c)  the amounts of deductions made at the direction of the public official or as a consequence of an assignment made by the public official, where the deduction is included in a class of deductions designated by an order of the Minister of Finance as exempt deductions for the purpose of this section.

1999 c31 s4

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Regulations

        9. The Lieutenant-Governor in Council may make regulations

             (a)  prescribing the procedure for garnishment under this Act;

             (b)  setting an administrative charge for garnishment;

             (c)  considering, for the purposes of the definition of "salary" in section 2, an amount in respect of an allowance, special remuneration, payment for overtime or other compensation or gratuity to be or to have been excluded from the basic rate of pay of a public official; and

             (d)  generally, to give effect to the purpose of this Act.

1981 c21 s9; 1999 c31 s5