C-25.01 - Code of Civil Procedure

Section 713 Disposition versions

2016-01-01

713. If income of the debtor is seized, the garnishee is required, within 10 days after service of the notice of execution, to remit to the bailiff the seizable portion of what the garnishee owes to the debtor.

If the debtor has multiple sources of income, the bailiff, after determining the seizable portion of the income, determines the portion that each garnishee must withhold and remit to the bailiff. If the debtor’s sources of income are not easily identifiable or are non-recurring, the bailiff determines, subject to an instalment payment agreement, the amount the debtor must pay to the bailiff.

If the garnishee substantially changes or ends the contractual relationship with the debtor, the garnishee is required to declare as much to the bailiff without delay. If a dispute arises between the garnishee and the debtor, the onus is on the garnishee, under pain of damages, to prove that the contractual relationship was not changed or ended because of the seizure of income.

The seizure remains binding for so long as the debtor’s sources of income are maintained and all claims filed by the creditors have not been paid.

2014, c. 1, a. 713.