The rules governing payroll garnishment

What you need to know about garnishment, and where to look for update information.

Government information on garnishment procedures is not easy to come by, as jurisdictions generally do not provide employer guides on how to handle the orders.

Payroll managers who have to deal with garnishment orders for employees who owe family support payments know how complicated the process can be, especially for employers operating in more than one province or territory. Payroll administrators must not only understand what the law requires them to do when sent a garnishment order, they may also have to deal with angry and upset employees, who may have questions or comments about the garnishment order.

Many provinces, however, are now including information about their maintenance enforcement programs on the Internet. The relevant addresses are listed below.

When checking the addresses, keep in mind that not all sites are equal. Some provide quite a bit of information (for both employers and employees), while others merely list an office address and telephone number. Also remember that the sites can be updated and revised. So, a site that may not offer much today may have more comprehensive information tomorrow or next month. Check the sites regularly.

Alberta Maintenance Enforcement Program
www.gov.ab.ca/just/mep.

This site provides specific information for employers (why wages may be garnisheed, timelines for responding to notices of continuing attachment, penalties for non-compliance, etc.), including calculation of payment worksheets that can be downloaded. It also includes links to other maintenance enforcement programs.

British Columbia Family Maintenance Enforcement Program
www.ag.gov.bc.ca/programs/contactfjp.htm.

This site does not provide much information beyond the address and telephone numbers.

Manitoba Maintenance Enforcement Program
www.gov.mb.ca/justice/family/payors.html.

This site provides limited, general information about the program. It is more helpful for employees whose wages are being or are to be garnisheed.

New Brunswick Family Support Orders Service
www.gov.nb.ca/justice/fsost.htm.

This site provides only very general information about the service; there is nothing specific to employers.

Newfoundland Support Enforcement Division
www.gov.nf.ca/just/civil/support.htm.

This site provides only a general overview of the division’s responsibilities. It has a link to a publication about the province’s support enforcement program, but the publication is not available on the Web site.

Nova Scotia Maintenance Enforcement Program
www.gov.ns.ca/just/services.htm#maintenf.

This site provides only a general overview of the program’s responsibilities. It does include the telephone number for its 24-hour infoline.

Ontario Family Responsibility Office
www.attorneygeneral.jus.gov.on.ca/html/fro/frohome.htm.

This site provides general information about the Office’s responsibilities and enforcement powers. It also includes applicable forms that can be downloaded. It does not offer a lot of information for employers served with garnishment orders.

Prince Edward Island Family Support Orders Program
www.gov.pe.ca/infopei/onelisting.php3?number=20614.

This site provides very general information that would not be useful for employers.

Quebec Collection of Support Payments
www.revenu.gouv.qc.ca/eng/pensions/perception.asp.

This is one of the better sites and provides specific information for employers including a guide on deducting support payments.

Saskatchewan Maintenance Enforcement Office
www.saskjustice.gov.sk.ca/branches/maintenance/toc.htm.

This is a fairly good site that provides information on a variety of topics related to garnishments. It is well organized and easy to navigate. It also includes links to the applicable legislation.

Editor’s Note: Information could not be found on the Northwest Territories, Nunavut or Yukon government Web sites.

Source: The Canadian Payroll Manager, Carswell. For information, call 1-800-387-5164.

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