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The Garnishment Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1992, c. 6

The Garnishment Amendment Act

(Assented to June 24, 1992)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. G20 amended

1           The Garnishment Act is amended by this Act.

2           Section 2 is repealed and the following is substituted:

Binds the Crown

2           This Act binds the Crown in right of Manitoba.

3           Section 4 is repealed and the following is substituted:

Debts bound by garnishment process

4(1)        Subject to this Act, service of garnishment process on a garnishee binds

(a) any debt due or accruing due at the time of service from the garnishee to the defendant or judgment debtor, other than wages; and

(b) all wages that become due and payable from the garnishee to the judgment debtor within one month from the date the garnishing process takes effect.

Service and effective date of garnishing process for wages

4(2)        For the purpose of garnishment of wages under clause (1)(b),

(a) service of a garnishing process after 5 p.m., or at any time on a holiday, is deemed to have occurred on the next day that is not a holiday; and

(b) a garnishing process takes effect on the first Monday following the day it is served.

4           Section 5 is amended by striking out "wages due or accruing due from an employer to an employee" and substituting "wages bound under section 4".

5           Clause 8(5)(a) is amended by striking out "wages due or accruing due" and substituting "wages bound under section 4".

6(1)        Subsection 13(1) is repealed and the following is substituted:

Interpretation

13(1)       In this section,

"garnishee" means the employer of a judgment debtor against whom a maintenance order is made; («tiers saisi»)

"judgment debtor" means a person against whom a maintenance order is made;  («débiteur judiciaire»)

"maintenance order" means a court order

(a) for maintenance under The Family Maintenance Act;

(b) for alimony or maintenance; or

(c) for the maintenance and education of a child under The Child and Family Services Act.  («ordonnance alimentaire»)

Duration of compliance with maintenance orders

13(1.1)     When a person who

(a) obtains a maintenance order; or

(b) registers an order respecting maintenance under The Reciprocal Enforcement of Maintenance Orders Act;

subsequently obtains and serves in accordance with subsection (1.2) a garnishing order in respect of the maintenance payable on the garnishee, the garnishing order binds wages of the judgment debtor that become due and payable by the garnishee to the judgment debtor from and after the Monday following the day the garnishing order is served, to the extent of the amount specified in the order.

Service of garnishing order

13(1.2)     Service of a garnishing order under subsection (1.1) after 5 p.m., or at any time on a holiday, is deemed to have occurred on the next day that is not a holiday.

Payment to Provincial Court

13(1.3)     Notwithstanding the provision of any other Act or regulation, the garnishee shall remit the amounts payable under the garnishing order to the Provincial Court (Family Division) or to such other person named in the garnishing order, for as long as the judgment debtor remains in the garnishee's employ and the garnishing order remains in force.

6(2)        Section 13 is amended

(a) in subsections (2), (4), (5), (6), (7) and (9), by striking out "subsection (1)" wherever it occurs and substituting "subsection (1.1)"; and

(b) by repealing subsection (3) and substituting the following:

Compliance where court order varied

13(3)       Where the amount required to be paid under subsection (1.1) is varied, the garnishor shall obtain a garnishing order that complies with the varied order and shall serve the order and an extra copy of it on the garnishee who shall then comply with its terms in accordance with subsection (1.3).

7           Subsection 14(1) is amended by striking out "subsection 13(1)" and substituting "subsection 13(1.1)".

8           Item 1 of Form 1 of Schedule A is amended by striking out "now due or hereafter accruing due from time to time" and substituting "due and payable from and after the Monday following the day this Order is served".

Coming into force

9           This Act comes into force on royal assent.