Alberta Maintenance Enforcement Garnishees
The Department of Maintenance Enforcement can garnishee your wages at any time. Unlike anyone else in the country, the Alberta Director can do this without having to appear before a judge or anyone else. They just file a document with the court, then seize your income.
Your company is required to notify you as soon as they receive a garnishee order (s. 14(5)(a)). Your employer cannot take any punitive or disciplinary action against you as a result of a garnishee from the Director of Maintenance Enforcement.
Fortunately, they are not allowed to take your entire income. There are some deductions allowed, then they take 70% of the rest. Here is a list of the allowable deductions:
- Basic Exemption (see below)
- Income Tax
- Company Compulsory Pension Plan
- Health Plan, Hospital Plan, Dental Plans, etc. (see note!)
- Professional or Union Dues
|Pay Period||One Day||One Week||Two Weeks||One Month||One Year|
Note: All health-related plans deducted from your paycheque by your employer are deductable. This was verified in the Alberta Court of Queen’s Bench on July 5th, 1999. Cite Millar v. Millar