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.
1994 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
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
