Garnishment, Attachment and Pension Diversion Act

Marginal note:Definitions

4 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 or court order of like import; (bref de saisie-arrêt)

pay period

pay period means, in respect of any particular person, the period commencing on the day following the day that that person’s salary cheque is normally dated and ending on the day that his next salary cheque is normally dated; (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)