How much can be garnished from a salary in Quebec?
Short answer
In Quebec, a portion of income is exempt from seizure depending on the number of dependants; on what remains, the employer can be required to withhold up to 30% of the gross salary. That percentage can reach 50% in certain specific cases provided by law.
In detail
The calculation happens in two steps: first the exempt portion is subtracted, and its amount depends on the number of dependants and on how often the income is paid; the employer then withholds up to 30% of what is left of the gross salary. The exact amounts appear in the Table of exemptions for calculating the seizable portion of income, published by the government.
The rate rises to 50% where the debt concerns the partition of the family patrimony or of the patrimony of a parental union, child support arising from a sexual assault, or the payment of a compensatory allowance.
For a support debt, the exemptions do not apply and up to 30% of gross income can be withheld. For an ordinary claim arising from a small claims judgment, it is the general regime, with its exemptions, that applies.
What to document
If you are the creditor: the employer’s name and the up-to-date balance. If you are the debtor: the number of people who depend on you and your actual income, with the proof — that is what determines the exempt portion.
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Official sources
- Seizure of your income — Gouvernement du Québec
- Table of exemptions for calculating the seizable portion of income — Gouvernement du Québec
Related questions
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.