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Statutes of Newfoundland 1999


CHAPTER 31

AN ACT TO AMEND THE PROCEEDINGS AGAINST THE CROWN ACT AND THE PUBLIC OFFICIALS GARNISHEE ACT

(Assented to December 14, 1999)

Analysis

PROCEEDINGS AGAINST
THE CROWN ACT

1. S.24 R&S
Proceedings against Crown

PUBLIC OFFICIALS
GARNISHEE ACT

2. S.2 Amdt.
Definitions

3. S.4 Amdt.
Attachment of salary

4. S.8 R&S
Exemption

5. S.9 Amdt.
Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

PROCEEDINGS AGAINST THE CROWN ACT


RSN1990 cP-26
as amended

1. Section 24 of the Proceedings Against the Crown Act is repealed and the following substituted:

Proceedings against Crown

24. (1) No enforcement proceeding, execution, attachment proceeding or similar process shall be issued against the Crown.

(2) Notwithstanding subsection (1), a garnishment, attachment, or similar process that is otherwise lawful may issue against the Crown for the payment of money owing or accruing as remuneration payable by the Crown for goods or services.

(3) Notwithstanding subsection (1), a garnishment order may issue against the Crown according to section 4 of the Public Officials Garnishee Act.

PUBLIC OFFICIALS GARNISHEE ACT

RSN1990 cP-41
as amended

2. Paragraph 2(a) of the Public Officials Garnishee Act is repealed and the following substituted:

(a) "garnishment" includes attachment;

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

3. Section 4 of the Act is amended by deleting the word "attach" and substituting the word "garnish".

4. Section 8 of the Act is repealed and the following substituted:

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 the Judgment 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.

5. Paragraphs 9(a) and (b) of the Act are repealed and the following substituted:

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

(b) setting an administrative charge for garnishment;

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