- The clearest, most specific protection in this area comes from the Wages Act, which sets out exactly how much of an employee's pay is protected from garnishment for an ordinary debt, and…
- Money paid to support a dependant is generally treated with particular care under Ontario law, and income of this kind often receives distinct protection from a recipient's own…
- Pension and retirement income can also carry its own protections, which vary depending on the type of plan and how the funds are held.
Not every dollar that comes into your household can be reached by a creditor with a judgment against you. Ontario law recognizes that some income needs to stay protected, whether because it supports a dependant, replaces lost wages, or serves some other purpose the law treats as a priority.
Figuring out exactly which income is exempt from garnishment in Ontario is not always simple, because the answer depends on the type of income involved and the type of debt being enforced. This article walks through the main categories.
Employment Wages Have a Defined, Statutory Split
The clearest, most specific protection in this area comes from the Wages Act, which sets out exactly how much of an employee's pay is protected from garnishment for an ordinary debt, and how much more can be reached when the underlying obligation is a support or maintenance order.
| Type of debt being enforced | Protected | Garnishable |
|---|---|---|
| Ordinary debt | 80% | Up to 20% |
| Support or maintenance order | 50% | Up to 50% |
These figures reflect the law as of mid-2026 — always confirm the current numbers before relying on them.
Support and Maintenance Payments You Receive
Money paid to support a dependant is generally treated with particular care under Ontario law, and income of this kind often receives distinct protection from a recipient's own creditors, separate from the wage rules above. Exactly how much protection applies, and under which rule, depends on the type of payment and the creditor involved. This is an area where the details matter, so confirm your specific situation with a lawyer rather than assuming a blanket exemption.
Pensions and Retirement Income
Pension and retirement income can also carry its own protections, which vary depending on the type of plan and how the funds are held. As with support payments, the specifics are technical and depend on the exact source of the income. Don't assume a pension is either fully protected or fully exposed without checking.
Government Benefits
Various forms of government income support are often treated differently from ordinary earnings when it comes to creditor claims, reflecting their purpose of meeting basic needs. Because these programs and their protections can change, verify the current treatment of any specific benefit before assuming how it will be handled in an enforcement scenario.
When Protected and Unprotected Money Mix Together
In practice, many of these income types end up flowing into the same bank account as ordinary earnings once deposited. When protected money and ordinary income are mixed together, tracing which portion of the balance remains exempt can get complicated fast, and a garnishing creditor is not necessarily going to sort that out for you. If a chunk of your account came from a protected source, it is worth raising that clearly and promptly, ideally before it becomes tangled with other money and harder to identify.
A Practical Way to Think About It
| Income type | General treatment |
|---|---|
| Employment wages | Partially protected by a defined statutory split |
| Support/maintenance payments received | Often given distinct protection — confirm specifics |
| Pensions/retirement income | Protection varies by plan type — confirm specifics |
| Government benefit income | Often treated differently from ordinary income — confirm specifics |
| Money already in a general bank account | Not automatically protected simply because it originated as wages |
The safest approach if you are facing, or pursuing, a garnishment involving anything other than straightforward wages is to get advice before assuming either that funds are safe or that they are fair game.
Frequently asked questions
If my wages are already partly exempt, is that same portion protected once it's in my bank account?
Not automatically. The Wages Act protection is tied to wages owed by an employer. Once money reaches your bank account, it may be subject to a separate bank account garnishment with its own considerations, rather than automatically carrying the wage exemption with it.
Can a creditor garnish support payments I receive for my child?
This is exactly the kind of question that depends on specifics — the type of order, who is trying to collect, and what the payment is for. Don't assume either way; get advice specific to your situation.
Does it matter which court issued the underlying judgment?
The general enforcement tools — garnishment, writs of seizure and sale, examinations — are broadly similar across Ontario's civil courts, but procedural details can differ. What matters most for the exemption question is the type of debt and income involved, not primarily which court issued the judgment.
What should I do if I think exempt income was wrongly garnished?
Act quickly. Ontario's courts have the authority to review and correct a garnishment that has reached money it should not have, but it is not automatic, and inaction can let an improper deduction continue.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.