This is an official version.
Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT RESPECTING THE GARNISHMENT AGAINST THE REMUNERATION OF PUBLIC OFFICIALS
1. This Act may be cited as the Public Officials Garnishee Act.
1981 c21 s1Back to Top
2. In this Act
(a) "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 s2Back to Top
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 the Provincial Court Act;
(d) a member of the House of Assembly; and
(e) a minister of the Crown.
1981 c21 s3Back to Top
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, attach the salary due or accruing due to the public official.
1981 c21 s4Back to Top
Attachment of Wages Act
5. Except as otherwise provided by this Act the provisions respecting garnishment contained in the Attachment of Wages Act apply with the necessary changes to the attachment of salary under this Act.
1981 c21 s5Back to Top
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 s9Back to Top
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 s7Back to Top
8. The salary of a public official is exempt from attachment under this Act to the extent of
(a) that portion of the salary determined as being exempt from attachment under the Attachment of Wages 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 purposes of this section.
1981 c21 s8Back to Top
9. The Lieutenant-Governor in Council may make regulations
(a) prescribing the procedure for attaching salary under this Act;
(b) setting an administrative charge for attaching salary;
(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
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