Attachment of Compensation
Effective date: February 3, 2012
Application: All obligatory notices for attachment of compensation benefits on and after the effective date.
Policy subject: Termination, reduction or suspension of benefits
To establish guidelines for legal attachments on compensation.
- The Workers’ Compensation Board (WCB) has approved policy that establishes guidelines for legal attachments on compensation, such as where the WCB receives obligatory notices of garnishment from the Canada Revenue Agency (CRA), support orders filed under The Enforcement of Maintenance Orders Act, 1997, or Employment and Social Development Canada (ESDC).
- The following procedure provides guidance for the implementation of POL 04/2010, Attachment of Compensation.
- All notices of garnishment received from the CRA, the Saskatchewan Ministry of Justice and Attorney General’s Maintenance Enforcement Office (MEO), or ESDC will be the responsibility of Operations staff.
- In cases of multiple notices of garnishment that are obligatory in nature, Operations staff will ensure that the garnishee pays the full amount required by the CRA before honouring legal attachments from the MEO or ESDC.
- Where an obligatory notice of garnishment is received, wage loss benefits, permanent functional impairment or disfigurement awards will be subject to the terms of the notice or order.
- Under The Enforcement of Maintenance Orders Act, 1997, the MEO has the ability to garnish annuity benefits at the time the worker reaches age 65, and prior to the worker reaching age 65 if certain criteria outlined in The Enforcement of Maintenance Orders Act, 1997 are met. Any garnishment of annuity benefits received from the MEO will be honoured by the WCB.
- In the event that the CRA and or ESDC create legislation that allows garnishment from annuity benefits, these attachments will also be honoured by the WCB.
- Where the WCB receives a notice of garnishment, Operations staff will redirect the requested amount from the worker’s eligible benefits to the CRA, the MEO, or ESDC. Operations staff will provide the worker with a written explanation for the deductions.
- Where the WCB halts attachments on compensation, regardless of reason, Operations staff will provide all affected parties with written notification.
- Maintenance orders from other jurisdictions can be enforced by the Saskatchewan MEO under reciprocal enforcement legislation. Where an out-of-province order is received, Operations staff will advise the other jurisdiction that registration with the Saskatchewan MEO is required before any garnishment can be applied.
- The MEO can serve a notice of continuing garnishment which requires ongoing, periodic attachment until the order has been terminated. Where the MEO serves this notice to the WCB directing the ongoing attachment of the worker’s benefits, an extra copy of the notice will be provided. Operations staff will forward the extra copy, with an attached explanation letter, to the worker without delay. Operations staff will forward a copy of the explanation letter to the MEO.
- Where the worker disputes the garnishment notice or notifies that the garnishment may cause financial hardship, Operations staff will refer the worker to the agency to which the benefits are being redirected.
- In all cases, workers are encouraged to contact Operations staff with any questions they have about the effects the notice of garnishment may have on their benefits.
PRO 09/2008 Attachment of Compensation
01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013
The Enforcement of Maintenance Orders Act, 1997 sections 33, 40.5, 40.6, 40.7, 40.8, 40.9, 40.91
The Enforcement of Maintenance Orders Regulations, 2009 sections 8, 9, Form I, Form M