Attaching order issued by Director
72(1)Where a complaint is received by the Director and the Director has knowledge or has reason to believe that a person is or is about to become indebted to the employer for any sum of money or that a person is about to pay to the employer a sum of money, the Director may, notwithstanding that the Director has not determined whether or not the employer is indebted to the employee for unpaid pay as alleged, serve an attaching order on that person in a form prescribed by regulation requiring the person to pay to the Board part or all of the sum of money owing, likely to be owed or about to be paid by the person to the employer.
72(2)For the purpose of this section, money on deposit in a general banking account or in a credit union account in the name of an employer is money for which the holder of the account is indebted to the employer.
72(3)Serving the attaching order referred to in subsection (1) binds the debt in the hands of the person upon whom it is served and has priority over any other attaching order subsequently served.
72(4)A person to whom an attaching order of the Director under subsection (1) is directed shall upon service of the order forthwith comply with the order.
72(5)Immediately upon receipt of any money in accordance with this section, the Board shall in writing notify the employer concerned and issue a receipt thereof to the person from whom the money was received; and the receipt of the Board is a good and sufficient discharge of the liability of the person to whom the order was directed to the employer to the extent of the amount shown on the receipt.
72(6)Any money received by the Board under this section shall be held by the Board in trust for the employer concerned and where
(a)
the Director finds that the employer is indebted to the employee for unpaid pay and the period for appeal to the Board has expired; or
(b)
the Board has determined that the employer is indebted to the employee for unpaid pay;
the Board shall pay over the amount of unpaid pay as determined by it and if, after making such payment, there remains a surplus the surplus shall be paid to the employer.
72(7)An attaching order referred to in subsection (1) ceases to be valid after the expiration of the prescribed period unless, before the expiration of that period, the Director causes a renewal of the attaching order in the prescribed form to be served on the person on whom the original attaching order was served.
1984, c.42, s.39; 1994, c.52, s.1; 2003, c.4, s.11; 2022, c.33, s.40