Garnishment stands as one of the most powerful tools available to judgment creditors in Canada, allowing them to intercept money owed to a debtor before that money ever reaches the debtor's hands. For business owners, sole proprietors, and non-profit operators, understanding garnishment is essential both for collecting debts owed to them and for responding properly when they receive garnishment orders directed at funds they control. The mechanism operates on a simple but far-reaching principle: if someone owes money to your debtor, the court can redirect that payment to you as the creditor instead. This applies to wages an employer owes to an employee, funds a bank holds in a customer's account, and payments one business owes to another for goods or services. The breadth of garnishment's reach makes it a cornerstone of civil enforcement across all Canadian jurisdictions.
The legal foundation for garnishment in common law provinces derives from provincial enforcement legislation and rules of civil procedure. In British Columbia, the Court Order Enforcement Act governs garnishment proceedings, while Alberta relies on the Civil Enforcement Act and the Garnishee Summons Rules under its rules of court. Saskatchewan operates under The Enforcement of Money Judgments Act, as of the date of authorship, which modernized its garnishment procedures significantly. Ontario's garnishment framework appears in the Wages Act and the Rules of Civil Procedure, with specific protections for employment income. Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island maintain similar statutory schemes with variations in procedural detail. Quebec takes a fundamentally different approach rooted in its civil law tradition, where garnishment operates under the Code of Civil Procedure as seizure by garnishment, reflecting the province's distinct legal heritage while achieving comparable practical outcomes.