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Revised Statutes of Newfoundland 1990


CHAPTER A-20

AN ACT RESPECTING THE ATTACHMENT OF WAGES AND SALARIES

Analysis

1. Short title

2. Definition

3. Exemption

4. Exemption re wages or salary

5. Order of court

6. Order of court

7. Amount paid into court

8. Non-application of Act

9. Assignment of wages or salary

10. Act to have effect


Short title

1. This Act may be cited as the Attachment of Wages Act.

RSN1970 c16 s1

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Definition

2. In this Act "dependent" means

(a) a brother, sister, parent or grandparent;

(b) a person under the age of 16 years; and

(c) a person who is 16 or more years of age and who

(i) is in regular attendance at school, or

(ii) because of mental or physical disability is unable to earn a livelihood.

RSN1970 c16 s9; 1972 No14 s4

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Exemption

3. (1) A debt due or accruing due to an employee, for or in respect of wages or salary covering a period of 1 month, shall not be liable to, or be taken under, attachment or execution unless the debt exceeds the sum mentioned in an order made under subsection (2) and then only to the extent of the excess.

(2) The amount exempted from attachment or execution under this Act shall be set by order of the Lieutenant-Governor in Council and the order may prescribe different amounts for single and married persons supporting dependents.

RSN1970 c16 s2; 1972 No14 s2; 1974 No106 s2; 1977 c5 s1; 1981 c25 s1; 1983 c15 s1

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Exemption re wages or salary

4. (1) Where the debt due or accruing due is wages or salary covering a period greater than or less than 1 month, the part of it exempt from attachment or execution shall be that sum which bears the same ratio to the amount of the exemption allowed by sections 3 and 5 as the period for which the wages or salary is due or accruing due bears to 1 month or 4 weeks.

(2) Where a person receives wages or salaries with respect to 2 or more engagements, positions or jobs of work, the amount of the exemption allowed by sections 3 and 5 shall not apply with respect to each of the engagements, positions or jobs of work, but shall be

(a) applicable to the aggregate of all the wages or salaries; and

(b) apportioned, so that, with respect to the amount of wages or salary from 1 engagement, position or job of work, the portion of the exemption allowed by sections 3 and 5 which is applicable to the wages or salary shall be that sum which bears the same ratio to the amount of the exemption allowed by sections 3 and 5 as the amount of the wages or salary bears to the aggregate of all the person's wages or salaries.

RSN1970 c16 s3

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Order of court

5. (1) Where the plaintiff or judgment creditor claims that an employee, in addition to a fixed money wage or salary, is given board or lodging or the use of a house, or another thing of value, in part payment or compensation for his or her services, the plaintiff or judgment creditor may apply by petition, on not less than 5 days' notice, to a judge of the Trial Division or a Provincial Court judge, in whose court he or she is the plaintiff or judgment creditor, for an order appraising the money value of the board or lodging, use of house or other thing, and the value ascertained shall be deducted from the amount of the total exemption to which the defendant or judgment debtor would otherwise be entitled.

(2) Where the ascertained value referred to in subsection (1) is deducted from the total exemption to which the defendant or judgment debtor would otherwise be entitled, the remaining amount of the total exemption shall, where subsection 4(2) applies, be apportioned under paragraph 4(2)(b) after the ascertained value is

(a) added to the wages or salary applicable to the services to which the value applies; and

(b) added in the calculation of the aggregate of all the wages or salaries of the defendant or judgment debtor,

and, for the purposes of paragraph 4(2)(b), the ascertained value shall be considered a part of wages or salary.

RSN1970 c16 s4; 1974 No57 s38 (264(c));
1979 c38 s7; 1986 c42 Sch A & Sch B

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Order of court

6. In case of an attachment or execution of wages or salary, the defendant or judgment debtor or plaintiff or judgment creditor may, without, in the case of the Trial Division awaiting the regular sittings of that court, apply to the appropriate Provincial Court judge upon at least 5 days' written notice to the other party or his or her solicitor for an order fixing the amount of exemption and finally disposing of the matter, and the judge may order accordingly.

RSN1970 c16 s5; 1986 c42 Sch A & Sch B

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Amount paid into court

7. (1) Where the amount of the exemption to which the defendant or judgment debtor is entitled, or a portion of that amount, is paid into court, it shall not be necessary for him or her to claim that amount or portion, but he or she is entitled, in the absence of notice of an application under section 5 or 6, to have it paid out on application to the Registrar of the Supreme Court, or the Provincial Court judge, into whose court the amount or portion is paid, accompanied by an affidavit setting out the facts of his or her entitlement.

(2) Where a defendant or judgment debtor does not make an application under subsection (1) for payment out to him or her of the amount to which he or she is entitled and that has been paid into court before the expiration of 2 months after the date

(a) the amount is paid into court; or

(b) judgment is recovered against the debtor,

whichever date is the later, the judgment creditor may, either without giving notice to the other party or on the notice that the judge of the Trial Division or Provincial Court directs, apply to the appropriate judge of the Trial Division or Provincial Court judge to have the amount, or so much of the amount as is sufficient to satisfy his or her judgment, paid out to him or her, and where application is made the appropriate judge or Provincial Court judge may make the order that he or she considers advisable in the circumstances.

RSN1970 c16 s6; 1986 c42 Sch A & Sch B

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Non-application of Act

8. Nothing in this Act applies to attachment or execution which is issued under a judgment or order

(a) for the payment of support by a child to a parent under the Family Law Act;

(b) for the payment of support by 1 spouse to or for the other;

(c) for the payment, by the parent, guardian or person who has the care and custody of or who is charged with or liable for the support and maintenance of a child, of support for that child;

(d) founded upon a separation agreement;

(e) filed under the Support Orders Enforcement Act;

(f) in a case where the debt sued for or in respect of which the judgment or order was made was contracted for board or lodging or for hospital expenses; or

(g) made under the Welfare of Children Act.

1990 c62 s3

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Assignment of wages or salary

9. A contract may provide for the assignment by the debtor to the creditor under it of a portion of the debtor's wages or salary up to but not exceeding the portion of it which is liable to attachment or execution under this Act, and a contract that provides for the assignment by the debtor to the creditor of a greater portion of the debtor's wages or salary than is permissible under this Act is invalid.

RSN1970 c16 s8

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Act to have effect

10. This Act has effect notwithstanding the Judicature Act, the Small Claims Act or the Summary Proceedings Act and the forms prescribed for use under 1 of those Acts or otherwise used by a court in the province, including an application, warrant, notice or order, shall be amended to give effect to this Act.

1986 c42 Sch B

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