Part 8 — Garnishment
77 Interpretation
(a) "current obligation" means an obligation, or any portion of
an obligation, that on the day of service of a garnishee
summons on the garnishee
(i) is payable,
(ii) is payable on demand, or
(iii) is payable on satisfaction of a condition to which section
83(1) applies;
(a.1) "deposit account" means, notwithstanding section 1(1)(l), a
chequing, savings, demand or similar account at a financial
institution in Alberta, but does not include an account or
arrangement under which money is deposited for a fixed
term whether or not the term may be abridged, extended or
renewed;
(b) "employment earnings" means wages, salary, commissions
or remuneration for work by an individual however
computed;
RSA 2000
(c) "future obligation" means an obligation or any portion of an
obligation that is not a current obligation and that
(i) will arise or become payabl e in certain circumstances or
at a certain time or times under
(A) an existing agreement or trust,
(B) an issued security, or
(C) the will of a deceased person,
(ii) will arise or become payabl e in the ordinary course of
events from an existing employment relationship,
(iii) is a statutory obligation that is likely to arise or become
payable as a result of an event that has occurred, or
(iv) may arise or become payable in respect of an existing
cause of action;
(d) "garnished obligation" means an obligation against which a
garnishee summons has been issued;
(e) "garnishee" means a person on whom a garnishee summons
is served for the purposes of attaching an obligation that is
owed or may become owing by that person to an
enforcement debtor;
(f) "garnishee summons amount" means
(i) the amount for which a garnishee summons was
originally issued, or
(ii) where the garnishee has b een served with a notice of a
change in the amount referred to in subclause (i), the
amount set out in that notice;
(g) "joint entitlement" means an obligation that is or will be
owed to 2 or more persons jointly;
(h) "net pay" means, in respect of any month, the total
employment earnings payable by an employer to a person in
that month minus any deductions prescribed by regulation;
(i) "obligation" means a legal or equitable duty to pay money;
(j) "pay period" means a period at the end of which a person is
entitled to be paid all or some portion of that person's
employment earnings for that period;
RSA 2000
(k) "security" has the meanin g set out in section 56(1)(e);
(l) "statutory obligation" means an obligation imposed by an
enactment.
(2) For the purposes of subsection (1)(c),
(a) a reference to an existing st ate of affairs or to an event that
has taken place refers to a state of affairs or event that is
existing or that has taken place when the relevant garnishee
summons is served on the garnishee, and
(b) a reference to an existing agreement includes an agreement
that amends or replaces an agreement that was existing
when the relevant garnishee summons was served on the
garnishee.
RSA 2000 cC-15 s77;2023 c5 s2