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Garnishment, Attachment and Pension Diversion Act

Version of section 4 from 2019-06-21 to 2022-09-22:


Marginal note:Definitions

 In this Division,

department

department has the meaning assigned by paragraphs (a), (a.1), (b) and (d) of the definition department in section 2 of the Financial Administration Act; (ministère)

garnishee summons

garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt)

pay period

pay period means, in respect of any particular person, the period beginning on the day after the day that is the regular pay-day of the person and ending on the day that is their next regular pay-day; (période de paye)

prescribed

prescribed means prescribed by regulations made under this Division; (prescrit ou réglementaire)

salary

salary means

  • (a) in the case of a judge or prothonotary to whom the Judges Act applies, the salary payable under that Act, or

  • (b) in the case of any other person,

    • (i) the basic pay payable to that person for the performance of the regular duties of a position or office, and

    • (ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity,

excluding any amount deemed to be or to have been excluded from that person’s salary pursuant to regulations made under paragraph 12(b). (traitement)

  • R.S., 1985, c. G-2, s. 4
  • 1992, c. 1, s. 141
  • 2014, c. 39, s. 331
  • 2019, c. 16, s. 84

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