The Garnishment Act

The Garnishment Act, C.C.S.M. c. G20 bilingual version (HTML) Table of Contents Section DEFINITIONS AND APPLICATION 1 Wages defined 2 Binds the Crown 3 Service of process DEBTS BOUND 4 Debts bound DURATION AND PRIORITY OF GARNISHMENT AGAINST WAGES 4.1 Duration of notice of garnishment against wages 4.2 Garnishee to remit garnished money 4.3 Notice if debtor leaves employment 4.4 Garnishor may discontinue notice of garnishment EXEMPTIONS 5 Exemptions 6 Where no exemption 7 Exemption re garnishment for support VARIATION OF EXEMPTIONS 8 Variation of exemptions RELEASE OF GARNISHMENT 9 Release of garnishment on terms 10 Termination of order GARNISHMENT OF WAGES 11 Garnishment of wages before judgment prohibited 12 Memo on garnishing order against wages EXTRA-PROVINCIAL GARNISHING ORDERS 12.1 Extra-provincial garnishing order filed ENFORCEMENT OF SUPPORT ORDERS 13 Definitions 13.1 Binding effect of garnishment for support 13.2 Application to court to determine interests 13.3 Garnishee to remit garnished money 13.4 Repealed 13.5 Priority and duration of garnishing order 13.6 Garnishor may discontinue garnishing order 13.7 No release of garnishing order on terms 14 Garnishment of pension benefits 14.1 Garnishment of pension benefit credit 14.2 Marriage breakup division — exemption 14.3 Protection from liability ENFORCEMENT OF FINES, FORFEITED RECOGNIZANCE ORDERS AND RESTITUTION ORDERS 14.4 Definitions 14.5 Priority for enforcement of fines, etc. 14.6 Garnishment of jointly held money 14.7 No release of garnishing order on terms REGULATIONS AND FORMS 15 Regulations 16 Form of documents Schedule A Repealed HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS AND APPLICATION Wages defined 1 In this Act the expression "wages" includes salary, commission and fees, and any other money payable by an employer to an employee in respect of work or services performed in the course of employment of the employee; but it does not include deductions therefrom made by the employer under any Act of the Legislature of any province or the Parliament of Canada. Binds the Crown 2 This Act binds the Crown in right of Manitoba. S.M. 1992, c. 6, s. 2 . Service of process 3 Every garnishment process under section 2 shall be served upon the Minister of Finance in his office. DEBTS BOUND Debts bound 4(1) Subject to this Act, service of a garnishment order on a garnishee binds (a) any debt due or accruing due at the time of service from the garnishee to the defendant or judgment debtor, other than wages; and (b) all wages that become due and payable from the garnishee to the judgment debtor within one year from the date the garnishment order takes effect. Procedure re garnishment of wages 4(2) For the purpose of garnishment of wages under clause (1)⁠(b), (a) service of a garnishment order after 5 p.m., or at any time on a holiday, is deemed to have occurred on the next day that is not a holiday; and (b) a garnishment order takes effect on the first Monday following the day it is served. S.M. 1992, c. 6, s. 3 ; S.M. 2001, c. 32, s. 6 . DURATION AND PRIORITY OF GARNISHMENT AGAINST WAGES Duration of notice of garnishment against wages 4.1 For the purpose of garnishment of wages under clause 4(1)⁠(b), a garnishment order remains in effect until the earliest of the following occurs: (a) the garnishee pays the amount shown in the garnishment order into court; (b) the garnishment order is discontinued under section 4.4 or revoked by the court; (c) the judgment debtor ceases to be employed by the garnishee and notice is provided by the garnishee in accordance with section 4.3; (d) one year passes from the date the garnishment order takes effect. S.M. 2001, c. 32, s. 7 . Garnishee to remit garnished money 4.2(1) Notwithstanding any other Act or any regulation made under an Act, if wages are garnished under clause 4(1)⁠(b) the garnishee shall, subject to subsections (2) and (3), remit any amount payable under the garnishment order to the court that issued the order, as long as the order remains in effect. Payment of higher priority notices of garnishment 4.2(2) If garnishment orders of different priority under this Act are served on a garnishee attaching wages, the garnishee shall first comply with the payment request in the higher priority order, as long as that order remains in effect. If any wages can be garnished after the payment request in the higher priority order has been satisfied, the garnishee shall remit into court any amount payable under a lower priority garnishment order. Payment of equal priority notices of garnishment 4.2(3) If garnishment orders of equal priority under this Act — other than garnishment orders to enforce support orders as defined in section 13 — are served on a garnishee attaching wages, the garnishee shall first comply with the payment request in the garnishment order that was served first as long as that order remains in effect. When it is satisfied, the garnishee shall remit into court any amount payable under the later garnishment order. S.M. 2001, c. 32, s. 7 ; S.M. 2022, c. 15, Sch. B, s. 96 . Notice if debtor leaves employment 4.3 Where wages are garnished under clause 4(1)⁠(b) and the judgment debtor ceases to be employed by the garnishee while the garnishment order is in effect, the garnishee shall give written notice to the court that issued the order and mail a copy of the notice to the garnishor. S.M. 2001, c. 32, s. 7 . Garnishor may discontinue notice of garnishment 4.4 A garnishor who serves a garnishment order may discontinue it by filing a notice of discontinuance in the court that issued the order. The garnishor shall (a) forthwith after filing the notice of discontinuance, serve a copy of it on the garnishee, who is from the time of service no longer required to comply with the garnishment order; and (b) deliver or mail a copy of the notice of discontinuance to the judgment debtor. S.M. 2001, c. 32, s. 7 . EXEMPTIONS Exemptions 5 Except as in this Act otherwise provided, 70% of any wages bound under section 4 is exempt from seizure or attachment under a garnishing order issued out of any court; but in no case shall the amount of the exemption allowed under this section be less than (a) in the case of a person without dependants $250., or such greater amount as may be prescribed by regulation, per month or pro rata for a shorter period; and (b) in the case of a person with one or more dependants $350., or such greater amount as may be prescribed by regulation, per month or pro rata for a shorter period. S.M. 1992, c. 6, s. 4 (as amended by S.M. 1993, c. 48, s. 16 ). Where no exemption 6 Where a debt is contracted for board or room or both and, in the opinion of a judge of the court in which the action is brought, the exemption under this Act is not necessary for the support and maintenance of the debtor, or of the debtor's family or dependants depending upon the debtor for support, the debtor has no right of exemption of any part of the debtor's wages, and the judge may order that no exemption be allowed. Exemption re garnishment for support 7 Notwithstanding section 5, but subject to section 8, where the wages of a person are seized or attached under a support order as defined in section 13 or under a support order as defined in subsection 12.1(1) the exemption allowed to that person is $250., or such greater amount as may be prescribed by regulation, per month or pro rata for any part of a month. S.M. 1995, c. 3, s. 16 ; S.M. 2004, c. 14, s. 9 ; S.M. 2022, c. 15, Sch. B, s. 96 . VARIATION OF EXEMPTIONS Definition of "clerk" 8(1) In this section, and in sections 9 and 10, "clerk" means (a) where the Court of King's Bench has jurisdiction in the matter (i) if the garnishing proceedings in the matter were begun in The City of Winnipeg, the Registrar of that court, (ii) if the garnishment proceedings in the matter were begun in any other judicial centre, the deputy registrar of the court for the judicial centre in which the proceedings were begun, and (iii) if it is an extra-provincial garnishing order under section 12.1, the deputy registrar of the court for the judicial centre where the director under The Family Support Enforcement Act filed the order; and (b) where the Provincial Court (Family Division) has jurisdiction in the matter, the clerk of the Provincial Court (Family Division). Variation of exemption 8(2) A creditor who has initiated proceedings by way of seizure or attachment of the wages of a person under this Act or a debtor affected by such proceedings may make an application in writing supported by affidavit to the clerk of the court having jurisdiction in the matter for an increase or decrease, as the case may be, of the amount of exemption allowed under section 5 or 7. Notice of hearing 8(3) The clerk of the court shall, within three days after the receipt of an application in writing under subsection (2), notify the persons affected by the application of the date on which the clerk will consider the matter, which date shall not be later than seven days after the receipt of the application. Hearing and order 8(4) On the date fixed by the clerk, the clerk shall hear the matter, and after considering all the evidence adduced before the clerk and having regard to the circumstances relating to the matter, may make an order (a) confirming; or (b) increasing; or (c) reducing; the exemption allowed under this Act. Limitation on variation of exemption 8(5) No order shall be made by a clerk under subsection (4) or by a judge under subsection (8) which (a) has the effect of increasing the exemption allowed under section 5 or 7 to more than 90% of the wages bound under section 4; or (b) reduces the wages of the employee to an amount less than the exemption to which the employee is entitled under section 5 or 7. Appeal 8(6) Any person affected by an order made under subsection (4) may, not later than 14 days from the date of the order, by a notice of motion, appeal the order to a judge in chambers in the court having jurisdiction in the matter. Service 8(7) The notice of motion mentioned in subsection (6) shall be served by the appellant (a) on the clerk of the court whose order is being appealed; and (b) on every other person affected by the appeal; at least three days before the date fixed for the hearing of the appeal. Disposition of appeal 8(8) The judge hearing the appeal may confirm, or, subject to subsection (5), vary the order appealed against. Procedure after variation 8(9) Where the amount required to be paid under a garnishment order against wages under clause 4(1)⁠(b) is varied under subsection (4), the garnishor shall obtain an amended garnishment order that complies with the varied order and serve it on the garnishee and the judgment debtor. S.M. 1992, c. 6, s. 5 ; S.M. 2001, c. 32, s. 8 ; S.M. 2004, c. 14, s. 10 ; S.M. 2022, c. 15, Sch. B, s. 96 . RELEASE OF GARNISHMENT Release of garnishment on terms 9(1) Subject to sections 13.7 and 14.7, a debtor against whom a garnishing order has been made may apply to the clerk of the court in which the action is brought for the release of the garnishment and for the payment of the judgment by instalments and, if the clerk deems it proper in all the circumstances of the case, the clerk may make the order, fixing therein the amounts and times of payment, and, so long as the debtor is not in default under the order, no further garnishment of the debtor's wages shall be had in respect of the judgment debt. Ex parte order 9(2) An order made under subsection (1) may be made ex parte, but the clerk may vary it at any time upon the application of the debtor or creditor with at least three days notice in writing to the other party. Copy to judgment creditor 9(3) Forthwith after an order is made under subsection (1), a copy thereof shall be sent by prepaid mail by the clerk of the court to the judgment creditor or his agent. Variation of order 9(4) Upon an application to a judge for the purpose, an order made under subsection (1) may be varied by the judge. Procedure 9(5) Subsections 8(6), (7) and (8) apply with such modifications as the circumstances require to an application under subsection (4). S.M. 1995, c. 3, s. 18 ; S.M. 2001, c. 32, s. 9 . Termination of order 10 Where, under section 9, an order is made by a clerk of the court or the order is varied by a judge, providing for the release of a garnishing order and the payment of the judgment by instalments, the order of the clerk or that of the judge, as the case may be, shall be terminated (a) where the judgment debtor is in default in paying any of the instalments for more than five days; or (b) by the issue of a judgment or garnishing order or both against the judgment debtor in a cause other than that with respect to which the instalment payments were ordered. S.M. 1995, c. 3, s. 19 . GARNISHMENT OF WAGES Garnishment of wages before judgment prohibited 11 The wages of a person shall not be seized or attached by a garnishing order until judgment has been entered against the person; and no garnishing order to seize or attach the wages of a person shall be issued from a court until judgment has been entered against the person. Memo on garnishing order against wages 12(1) Where the debt against which the garnishing order is issued is for wages, there shall be annexed to the garnishing order a memorandum (a) showing the residence of the judgment debtor; (b) indicating the nature and place of the occupation of the judgment debtor in the service of the garnishee at the time of the issue of the garnishing order; (c) setting forth the provisions of section 8 and except where the garnishing process was issued by virtue of or under (i) a support order as defined in section 13, (ii) and (iii) [repealed] S.M. 1995, c. 3, s. 21 , (iv) a judgment for board or room or both in respect of which a judge of the court in which the action is brought has made an order under section 6 ordering that no exemption be allowed, (v) a forfeited recognizance order, a restitution order, or an order imposing a fine, as those terms are defined in section 14.4, or (vi) a support order as defined in subsection 12.1(1), setting forth the provisions of sections 4,4.1, 4.2, 4.3, 4.4, 5 and 9; (d) if the judgment is for board or room or both and a judge of the court in which the action is brought has made an order under section 6 ordering that no exemption be allowed, a statement indicating that that is the case and setting forth the provisions of sections 4, 4.1, 4.2, 4.3, 4.4 and 6; (d.1) if it is an extra-provincial garnishing order under subsection 12.1(1), a statement indicating that that is the case and setting forth the provisions of sections 4, 4.1, 4.3, 4.4, 7, 8, 9, 10 and 12.1; (e) if the garnishing process was issued by virtue of or under a support order as defined in section 13, a statement indicating that that is the case and setting forth the provisions of section 7; and (f) if the garnishment order was issued to enforce a forfeited recognizance order, a restitution order or an order imposing a fine, as those terms are defined in section 14.4, a statement indicating that this is the case and setting forth the provisions of sections 4, 4.1, 4.2, 4.3, 4.4 and 5. Presumption as to board and room 12(2) Where no statement under clause 1(d) is included in a memorandum attached to a garnishing order, it shall be presumed by the garnishee that the exemption of the debtor has not been disallowed under section 6. Presumption as to orders re support 12(3) Where no statement under clause (1)⁠(e) is included in a memorandum attached to a garnishing order, it shall be presumed by the garnishee that the garnishing process was not issued by virtue of or under a support order as defined in section 13. Presumption as to orders re fines, etc. 12(4) Where no statement under clause (1)⁠(f) is included in a memorandum attached to a garnishment order, it shall be presumed by the garnishee that the garnishment order was not issued to enforce a forfeited recognizance order, a restitution order or an order imposing a fine, as those terms are defined in section 14.4. S.M. 1995, c. 3, s. 21 ; S.M. 2001, c. 32, s. 10 ; S.M. 2004, c. 14, s. 11 ; S.M. 2022, c. 15, Sch. B, s. 96 . EXTRA-PROVINCIAL GARNISHING ORDERS Definitions 12.1(1) In this section, "director" means the director under The Family Support Enforcement Act ; (« directeur ») "extra-provincial garnishing order" means a document from a reciprocating jurisdiction that corresponds to (a) a garnishing order under this Act, or (b) a support deduction notice under The Family Support Enforcement Act ; (« ordonnance de saisie-arrêt extraprovinciale ») "judgment debtor" means a person against whom a support order is made; (« débiteur judiciaire ») "reciprocating jurisdiction" means a reciprocating jurisdiction as defined in The Inter-jurisdictional Support Orders Act ; (« État pratiquant la réciprocité ») "support" includes support, maintenance or alimony payable for a person, or for the child of a person, or for both; (« aliments ») "support order" means a court order or an order made by an administrative body requiring the payment of support and includes the provisions of a written agreement requiring the payment of support if those provisions are enforceable in the jurisdiction in which the agreement was made as if they were contained in an order of a court of that jurisdiction, but does not include a support order enforced by the director under The Family Support Enforcement Act . (« ordonnance alimentaire ») Extra-provincial garnishing order filed 12.1(2) The director may file an extra-provincial garnishing order in the Court of King's Bench if (a) it is issued by a competent authority in a reciprocating jurisdiction and directed to a garnishee in Manitoba; (b) it is sent to the director by a person in the reciprocating jurisdiction who, in the opinion of the director, performs the same or similar functions as those performed by the director; (c) it states that it is issued in respect of a support order that is enforceable in the issuing jurisdiction, or is accompanied by a statement to that effect; (d) it states the amount of arrears and the amount of ongoing support payments under the support order, if any, or is accompanied by a statement to that effect; (e) it is accompanied by the support order for which it is issued; and (f) it and any documents required under clauses (c), (d) or (e) are written in English or French or accompanied by a sworn or certified translation into English or French. Converting amount into Canadian currency 12.1(3) If an extra-provincial garnishing order refers to an amount not expressed in Canadian currency, the director shall (a) convert the amount to Canadian currency by applying a rate of exchange for the equivalent amount in Canadian currency that is set by a bank and applicable on the day the extra-provincial garnishing order is filed; and (b) before filing the order, attach a statement to it setting out the equivalent amount in Canadian currency and the source of the quotation. Amount due in Canadian currency 12.1(4) The amount so determined under clause (3)⁠(a) is deemed to be the amount payable under the order. Service of extra-provincial garnishing order 12.1(5) After filing an extra-provincial garnishing order, the director shall serve two copies of it, each with the statement referred to in clause (3)⁠(b), if applicable, on the garnishee by personal service or by an alternative to personal service in accordance with the King's Bench Rules. Copy to judgment debtor 12.1(6) The garnishee shall without delay deliver or mail a copy of the extra-provincial garnishing order to the judgment debtor at the last address known to the garnishee. Amount remitted by garnishee to reciprocating jurisdiction 12.1(7) Despite subsection 4.2(1) of this Act and any other Act or any regulation made under an Act, a garnishee who has been served with an extra-provincial garnishing order pursuant to this section shall, subject to subsections 4.2(2) and (3), remit any amount payable under it in accordance with the order. Recognition of extra-provincial garnishing order 12.1(8) An extra-provincial garnishing order under this section has the same force and effect as a garnishing order issued under section 4. Application 12.1(9) This section applies whether or not the support order could be or has been registered in Manitoba under The Inter-jurisdictional Support Orders Act . Terminology 12.1(10) If, in a proceeding under this section, a document from a reciprocating jurisdiction contains terminology different from the terminology in this Act or contains terminology or is in a different form than that customarily in use in the Court of King's Bench, the court must give a broad and liberal interpretation to the terminology or form so as to give effect to the document. S.M. 2004, c. 14, s. 12 ; S.M. 2010, c. 28, s. 30 ; S.M. 2022, c. 15, Sch. B, s. 96 . ENFORCEMENT OF SUPPORT ORDERS Garnishment of Money and Wages Definitions 13 The following definitions apply in this section and sections 13.1 to 14.3. "creditor" means a support recipient under The Family Support Enforcement Act . (« créancier ») "director" means the director under The Family Support Enforcement Act . (« directeur ») "garnishing order for support" means a garnishing order obtained under this Act by a creditor or by the director on behalf of a creditor, including an amended garnishing order obtained in accordance with subsection 8(9), to enforce payments under the creditor's support order. (« ordonnance de saisie-arrêt pour aliments ») "judgment debtor" means a support payor under The Family Support Enforcement Act . (« débiteur judiciaire ») "support order" means a support order as defined in The Family Support Enforcement Act . (« ordonnance alimentaire ») S.M. 1992, c. 6, s. 6 ; S.M. 1995, c. 3, s. 22 ; S.M. 2001, c. 33, s. 47 ; S.M. 2004, c. 14, s. 13 ; S.M. 2019, c. 8, Sch. E, s. 27 ; S.M. 2022, c. 15, Sch. B, s. 96 . Binding effect of garnishment for support 13.1(1) When a garnishing order for support is served on the garnishee, it binds the following for as long as the order remains in force: (a) except in the case of wages, (i) all money that, at the time of service, is owing or payable by the garnishee only to the judgment debtor, and (ii) all money that, after the time of service, becomes owing or payable by the garnishee only to the judgment debtor from time to time; (b) all wages that are or become due and payable by the garnishee to the judgment debtor on or after the first day, other than a holiday, after the day of service; (c) if the garnishing order is obtained by the director, all money that is or becomes owing or payable by the garnishee to the judgment debtor and one or more other persons jointly and is presumed by subsection (2) to be owing or payable only to the judgment debtor. Money owing to judgment debtor and others jointly 13.1(2) For the purpose of clause (1)⁠(c), (a) all money that, at the time of service, is owing or payable by the garnishee to the judgment debtor and one or more other persons jointly is presumed to be owing or payable only to the judgment debtor; and (b) any money that, at any time after the time of service, becomes owing or payable by the garnishee to the judgment debtor and one or more other persons jointly is presumed to become owing or payable at that time only to the judgment debtor. Extra copies for judgment debtor and others 13.1(3) When serving the garnishing order on a garnishee, the garnishor must also serve the garnishee with (a) a copy of the order for the judgment debtor; and (b) a copy of the order for each other person to whom the garnishor believes the garnished money may be or become owing or payable jointly with the judgment debtor. On being served with the order, the garnishee must promptly deliver or mail a copy of the order to the judgment debtor and, if the order binds money owing to the judgment debtor and one or more other persons jointly, to each such other person. S.M. 1995, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Application to court to determine interests 13.2(1) If money that is or becomes owing or payable by the garnishee to two or more persons jointly is bound by a garnishing order for support obtained by the director, the judgment debtor or any person to whom that money is owing or payable jointly may apply to the court that issued the garnishing order for an order determining the interests in that money of (a) the judgment debtor; and (b) any other person to whom that money is owing or payable jointly. Burden of proof 13.2(2) The burden of establishing that the judgment debtor's interest in the money is less than the amount garnished is on the person making the application. Application deadline 13.2(3) An application for an order under this section must be made within 21 days after the garnishing order is served on the garnishee. S.M. 1995, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Garnishee to remit garnished money 13.3(1) Notwithstanding any other Act or regulation made under an Act, a garnishee who has been served with a garnishing order for support shall, for as long as the garnishing order remains in force, remit any amount payable under it to the person to whom the order requires the money to be paid or, where the order has no such requirement, to the court that issued the order. 13.3(2) [Repealed] S.M. 2022, c. 15, Sch. B, s. 96 . Garnishee's entitlement to costs 13.3(3) The garnishee under a garnishing order for support is not entitled to costs for complying with the order except for (a) any costs to which the garnishee is entitled when a garnishing order is originally served on them; and (b) a fee of $1. for each payment remitted in compliance with subsection (1). S.M. 1995, c. 3, s. 22 ; S.M. 2004, c. 14, s. 14 ; S.M. 2022, c. 15, Sch. B, s. 96 . 13.4 [Repealed] S.M. 1995, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Priority and duration of garnishing order 13.5(1) A garnishing order for support has priority over any other garnishing order served on the garnishee or any debt owed by the judgment debtor to the garnishee and remains in force until (a) the order is superseded by another garnishing order based on the same support order; (b) the order is discontinued under section 13.6 or revoked by the court; (c) the debt for which the order was issued is satisfied, if the order was obtained (i) by the creditor, or (ii) by the director (or by the designated officer under The Family Maintenance Act before that Act was repealed) and was not for the enforcement of periodic payments; (c.1) the judgment debtor's obligation to make periodic payments has ended if the order was obtained by the director (or by the designated officer under The Family Maintenance Act before that Act was repealed) on behalf of the creditor; (d) the termination date that is specified in the order; or (e) in the case of an order against wages, the judgment debtor ceases to be employed by the garnishee. Garnishee to notify court if debtor leaves employment 13.5(2) Where a garnishee is served a garnishing order for support that applies to wages and the judgment debtor ceases to be employed by the garnishee while the garnishing order is in force, the garnishee shall give written notice to the court that issued the garnishing order and mail a copy of the notice to the garnishor. S.M. 1995, c. 3, s. 22 ; S.M. 2004, c. 14, s. 15 ; S.M. 2022, c. 15, Sch. B, s. 96 . Garnishor may discontinue garnishing order 13.6 A garnishor who serves a garnishing order for support may discontinue the order by filing a notice of discontinuance in the court that issued the garnishing order, in which case the garnishor shall (a) forthwith after filing the notice, serve a copy of it on the garnishee, who is from the time of service no longer required to comply with the garnishing order; and (b) deliver or mail a copy of the notice to the judgment debtor. S.M. 1995, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . No release of garnishing order on terms 13.7 Section 9 does not apply to a garnishing order for support. S.M. 1995, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Garnishment of Pension Benefits Garnishment of pension benefits 14(1) Notwithstanding that the garnishment of a pension benefit is prohibited by or under an Act of the Legislature or a collective or other agreement, the pension benefit is subject to garnishment by a garnishing order for support. Pension benefits garnishable like wages 14(2) Where a pension benefit is subject to garnishment, either by virtue of subsection (1) or otherwise, this Act applies thereto, with such modifications as the circumstances require but subject to subsection (3), to all intents and purposes as if the pension benefit were wages. Calculation of exemptions 14(3) Where a judgment debtor receives both wages and pension benefits, whether or not both are payable by the same garnishee or on the same dates, both shall be lumped together for purposes of calculating any exemption to which the judgment debtor may be entitled under this Act. "Pension benefit" defined 14(4) In this section, "pension benefit" includes any benefit, whether in the form of a periodic payment or in the form of a lump sum payment, that is payable under or for which payment may be requested under a pension scheme or plan (including a pooled registered pension plan within the meaning of The Pooled Registered Pension Plans (Manitoba) Act ), prescribed plan as defined in The Pension Benefits Act , superannuation scheme or plan, life or fixed term annuity policy, or accident, sickness or disability insurance policy (a) established or administered by or for the government or by or for a person, group, society, organization, association, corporation or body other than the government, or in which the government or the person, group, society, organization, association, corporation or body is a participant; (b) [repealed] S.M. 1995, c. 3, s. 23 ; but does not include any deductions made therefrom under an Act of the Legislature of a province of Canada or the Parliament of Canada. S.M. 1991-92, c. 36, s. 63 ; S.M. 1992, c. 6, s. 7 ; S.M. 1995, c. 3, s. 23 ; S.M. 2005, c. 2, s. 35 ; S.M. 2017, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Garnishment of Pension Benefit Credits and Funds in a Pooled Registered Pension Plan Account Definitions 14.1(1) In this section and sections 14.2 and 14.3, "division" , in relation to a judgment debtor, means (a) a division under subsection 31(2) of The Pension Benefits Act of the judgment debtor's pension benefit credit, or (b) a division under section 13 of The Pooled Registered Pension Plans (Manitoba) Act of the judgment debtor's funds in a PRPP account; (« partage ») "garnishee" means an administrator or trustee of a pension plan or a pooled registered pension plan and includes (a) an employer who establishes or administers a pension plan for employees, and (b) a financial or other institution that issues, underwrites or is a depository of a prescribed plan as defined in The Pension Benefits Act ; (« tiers saisi ») "pension benefit credit" means a pension benefit credit as defined in The Pension Benefits Act ; (« crédit de prestations de pension ») "pension plan" means a pension plan as defined in The Pension Benefits Act and includes a prescribed plan as defined in that Act; (« régime de retraite ») "pooled registered pension plan" has the same meaning as in The Pooled Registered Pension Plans (Manitoba) Act ; (« régime de pension agréé collectif ») "PRPP account" means the account of a member in a pooled registered pension plan. (« compte d'un participant ») Enforcement by garnishment 14.1(2) A support order may be enforced by garnishment of the pension benefit credit of a judgment debtor in a pension plan and by garnishment of funds in a judgment debtor's PRPP account. Credit or funds bound when order served 14.1(3) On the day a garnishing order for support is served, the garnishing order binds, to the extent of the amount specified in the garnishing order (a) in relation to a pension plan, the net pension benefit credit of the judgment debtor determined in accordance with the regulations made under clause 37(s.1) of The Pension Benefits Act ; and (b) in relation to a PRPP account of the judgment debtor, the net available funds in that account determined in accordance with the regulations. Entitlement to pension benefit credit 14.1(4) For the purpose of this section, the judgment debtor is entitled to receive, in accordance with section 31.1 of The Pension Benefits Act, the pension benefit credit in their pension plan on the day the garnishing order is served. Entitlement to funds in PRPP account 14.1(4.1) For the purpose of this section, the judgment debtor is entitled to receive, on the day the garnishing order is served, in complete or partial discharge of the judgment debtor's rights under a pooled registered pension plan, the lesser of (a) the amount determined by the formula A − B where A is the total of the funds in the judgement debtor's PRPP account on that day, and B is the total of all amounts each of which is the portion of those funds to which the judgment debtor's spouse, former spouse or common-law partner is entitled under a division as of that day; and (b) the amount determined by the formula C + D + E where C is the amount specified in the garnishing order, D is the total of all costs allowed by regulation in respect of the garnishing order, and E is the total of the taxes, if any, that would be required to be deducted or withheld in respect of a payment of the judgment debtor's entitlement if the amount of the entitlement were determined under this clause. 14.1(5) [Repealed] S.M. 2017, c. 3, s. 22 . Only director may obtain order 14.1(6) A garnishing order for a pension benefit credit or funds in a PRPP account may be obtained only by the director acting on behalf of a creditor. Order delivered to the judgment debtor 14.1(7) When a garnishing order for a pension benefit credit or funds in a PRPP account is served on the garnishee, the director shall deliver a copy of the order to the judgment debtor or mail it to the last address of the judgment debtor shown in the director's records. Payment within 90 days 14.1(8) Except as provided in section 14.2, the garnishee shall, within 90 days after a garnishing order is served, remit to the person to whom the order requires it to be paid or, if the order has no such requirement, to the court that issued the order, the lesser of the following amounts: (a) the amount specified in the order; (b) the net pension benefit credit or the net available funds, as the case may be, bound by the garnishing order. Garnishment available despite other Act or plan provision 14.1(9) This section applies despite any provision to the contrary in any pension plan, pooled registered pension plan, collective or other agreement or any other Act. S.M. 1995, c. 3, s. 24 ; S.M. 2005, c. 2, s. 35 ; S.M. 2017, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Marriage breakup division — exemption 14.2(1) When a garnishing order is served under section 14.1 and the garnishee has notice that a person is entitled to a division in relation to the judgment debtor as of the day of service, the amount of the entitlement is exempt from attachment under the garnishing order. Marriage breakup division — statement to court 14.2(2) When a garnishing order is served under section 14.1 and the garnishee has notice that there might be a person who is entitled to a division in relation to the judgment debtor as of the day of service but is uncertain about that entitlement, the garnishee shall, within 90 days after the garnishing order is served, (a) file with the court that issued the garnishing order a statutory declaration in the prescribed form setting out (i) the amount of the judgment debtor's pension benefit credit or the funds in the judgment debtor's PRPP account, (ii) the name and address, if known to the garnishee, of any person who might be entitled to a division in relation to the judgment debtor, (iii) if the garnishee cannot provide the information referred to in subclause (ii), a description of the efforts the garnishee has made to ascertain whether a person is entitled to a division in relation to the judgment debtor and the person's name and address, and (iv) any other relevant information; and (b) provide a copy of the statutory declaration to the director. Payment suspended 14.2(3) A garnishee who files a statutory declaration with the court under subsection (2) shall not make a payment under the garnishing order until the court determines payment under subsection (5). Director may require information 14.2(4) The director may require the judgment debtor or any other person to disclose to the director details of the whereabouts of any person who is or might be entitled to a division. Hearing to determine right to pension benefit credit or funds in a PRPP account 14.2(5) On motion by the director, after notice to the persons described in paragraph 1, the court may do one or more of the following: 1. Determine the rights and liabilities of the garnishee, the judgment debtor, the creditor, and any person entitled to a division in relation to the judgment debtor as of the day the garnishing order is served. 2. Determine any other matter relating to the garnishing order. 3. Make any order that is just and necessary to give effect to its determinations. Garnishee not required to pay into court 14.2(6) When a motion is made under subsection (5), the garnishee is not required to deposit the amount being garnished with the court before the court determines the matter. S.M. 1995, c. 3, s. 24 ; S.M. 2017, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Protection from liability 14.3 When an amount is paid in good faith under a garnishing order in accordance with sections 14.1 and 14.2, whether pursuant to a court order or otherwise, (a) the pension plan or pooled registered pension plan from which the amount is paid has no further obligation in respect of that amount to the judgment debtor or to any person who was or might have been entitled to a division in relation to the judgment debtor as of the day the garnishing order was served; (b) in respect of the amount paid, no person may commence an action or proceeding of any kind against the pension plan or pooled registered pension plan, as the case may be, the garnishee who made the payment or the creditor under the support order; and (c) the amount paid to the creditor under the support order is the exclusive property of that person. S.M. 1995, c. 3, s. 24 ; S.M. 2017, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . ENFORCEMENT OF FINES, FORFEITED RECOGNIZANCE ORDERS AND RESTITUTION ORDERS Definitions 14.4 In sections 14.5 to 14.7, "collection officer" means a person appointed under Part 3 of The Public Service Act and designated by the Minister of Justice to enforce payment of forfeited recognizance orders and fines; (« agent de recouvrement ») "fine" means a monetary penalty imposed on a person found guilty or convicted of a contravention of (a) an Act or regulation of Manitoba, or (b) the Criminal Code (Canada), and includes (c) any court costs assessed against the person, (c.1) a justice services surcharge and any other amount imposed on a person convicted of an offence under The Provincial Offences Act , (d) a victim surcharge imposed under the Criminal Code (Canada), and (e) a surcharge imposed under The Victims' Bill of Rights , but does not include a restitution order; (« amende ») "forfeited recognizance order" means an order requiring a person who has failed to comply with a condition of a recognizance, and all sureties of that person, to pay money to the government; (« ordonnance de confiscation d'engagement ») "judgment debtor" means a person who has failed to comply with the provisions of a forfeited recognizance order, a restitution order or an order imposing a fine; (« débiteur judiciaire ») "restitution order" means an order made against a person found guilty or convicted of a contravention of (a) an Act or regulation of Manitoba, or (b) the Criminal Code (Canada) requiring that person to pay money to an individual or to a corporation, organization or other entity. (« ordonnance de dédommagement ») S.M. 2001, c. 32, s. 11 ; S.M. 2003, c. 4, s. 137 ; S.M. 2013, c. 47, Sch. A, s. 126 ; S.M. 2021, c. 11, s. 90 . Priority for enforcement of fines, etc. 14.5 Subject to subsection 13.5(1) (priority and duration of garnishing order), a garnishment order issued to enforce a forfeited recognizance order, a restitution order or an order imposing a fine has priority over any other garnishment order served on the garnishee and any debt owed by the judgment debtor to the garnishee. S.M. 2001, c. 32, s. 11 ; S.M. 2022, c. 15, Sch. B, s. 96 . Garnishment of jointly held money 14.6(1) A collection officer may enforce a forfeited recognizance order or an order imposing a fine by garnishing money that is held jointly by the judgment debtor and one or more other persons, and where such a garnishment order is served on a garnishee, (a) all the money is presumed for the purpose of the garnishment order to be owned by the judgment debtor; and (b) the garnishment order binds all the money owing or payable by the garnishee to the judgment debtor on the day of service. Garnishee to deliver or mail copy of order 14.6(2) When a garnishment order referred to in subsection (1) is served, the garnishee must be provided with at least two copies of the garnishment order, and the garnishee shall without delay deliver or mail a copy of the garnishment order to each person who holds the garnished money jointly. Application by joint holders to determine interests 14.6(3) Notwithstanding clause (1)⁠(a), the judgment debtor or any person who holds money jointly with the judgment debtor may apply to the court that issued the garnishment order for an order that (a) the interest of the judgment debtor in the garnished money is less than the amount garnished; and (b) the part of the garnished money in excess of the judgment debtor's interest be distributed to the other joint holder or holders in accordance with their interests. Burden of proof 14.6(4) In a proceeding under subsection (3), the burden of establishing that the interest of the judgment debtor is less than the amount garnished is on the person who makes the application. Notice of application to court 14.6(5) Notice of an application made under subsection (3) must be served on the collection officer and each person who holds the garnished money jointly within 21 days after the garnishment order is served on the garnishee. S.M. 2001, c. 32, s. 11 . No release of garnishing order on terms 14.7 Section 9 does not apply to a garnishment order obtained to enforce a forfeited recognizance order, a restitution order or an order imposing a fine. S.M. 2001, c. 32, s. 11 . REGULATIONS AND FORMS Regulations 15 The Lieutenant Governor in Council may make regulations and orders (a) prescribing a greater minimum amount than that set out in section 5 for any exemption allowed thereunder; (b) prescribing a greater amount than that set out in section 7 for any exemption allowed thereunder; (c) prescribing the form and content of documents relating to the garnishment process; (d) respecting the manner of serving garnishing orders and notices of discontinuance by the director, as defined in section 13; (e) prescribing the manner in which the net available funds are to be determined for the purpose of clause 14.1(3)⁠(b); (f) permitting the garnishee in relation to a judgment debtor's PRPP account to recover from that account, (i) any amount required to be deducted and remitted as tax in relation to amounts withdrawn from the account because of the garnishing order, and (ii) the garnishee's costs associated with the garnishment of funds; (g) specifying the nature of the costs mentioned in subclause (f)⁠(ii) and how they are to be calculated. S.M. 1995, c. 3, s. 25 ; S.M. 2004, c. 14, s. 16 ; S.M. 2017, c. 3, s. 22 ; S.M. 2022, c. 15, Sch. B, s. 96 . Form of documents 16 Documents relating to the garnishment process shall be in the form prescribed by the rules of the court issuing the garnishing process or in the form prescribed under clause 15(c). S.M. 1995, c. 3, s. 26 . SCHEDULE A [Repealed] S.M. 1992, c. 6, s. 8 ; S.M. 1995, c. 3, s. 27 .