Part 8 — Garnishment
83 Deposit accounts
obligation has arisen or is payable, a condition of the account
agreement
(a) that the account holder must apply in person to make or give
notice before making a withdrawal, or
(b) that any person making a withdrawal must present a
pass-book or other document to the garnishee,
is to be disregarded for the purposes of this Part.
(2) A garnishee summons that attaches a joint deposit account only
attaches the portion of the joint entitlement that is a current
obligation.
(3) Where the employment earnings of an enforcement debtor are
paid directly into a deposit account by or on behalf of the
enforcement debtor's employer, the enforcement debtor may apply
to the Court for an order directing that the enforcement debtor be
entitled to an employment earnings exemption similar to that which
the enforcement debtor would have been entitled to if the
employment earnings had been garnished from the employer.
(3.1) Where registered plan payments of an enforcement debtor are
paid directly into a deposit account by or on behalf of the plan
administrator, the enforcement debtor may apply to the Court for
an order directing that the enforcement debtor be entitled to a
registered plan payment exemption similar to that which the
enforcement debtor would have been entitled to if the registered
plan payments had been garnished under section 81.1.
(3.2) In subsection (3.1),
(a) "plan administrator" means
(i) an issuer of a registered retirement savings plan as
defined in section 146 of the Income Tax Act (Canada),
(ii) a carrier of a registered retirement income fund as
defined in section 146.3 of the Income Tax Act (Canada),
or
RSA 2000
(iii) a trustee of a deferred pr ofit sharing plan as defined in
section 147 of the Income Tax Act (Canada);
(b) "registered plan payment" means a registered plan payment
as defined in section 81.1.
(4) The Court may on application make any order necessary to
prevent a garnishee from being prejudiced by the operation of this
section.
RSA 2000 cC-15 s83;2002 c17 s1(14);2009 c18 s3