C-25 - Code of Civil Procedure

Section 552 Disposition versions

1994-01-01

552. The debtor must be permitted to select from among his property and withdraw from seizure:

(1)  The movable property which furnishes his main residence, used by and necessary for the life of the household, up to a market value of $6,000 established by the seizing officer;

(2)  The food, fuel, linens and clothing necessary for the life of the household;

(3)  The instruments of work needed for the personal exercise of his professional activity.

Nevertheless, with the exception of the property mentioned in subparagraph 2 of the first paragraph, the property referred to in the first paragraph may be seized and sold for the amounts owed on the price of the property or by a creditor holding a hypothec thereon, as the case may be. However, if the debtor is a fisherman, his fishing boats and equipment cannot be seized or sold between 1 May and 1 November.

The valuation of the seizing officer may be revised by the court; if the court is of the opinion that the value of the property left to the debtor is below the value permitted, it may allow the debtor to choose and take from among the seized property that which is required to make up the difference.

Any renunciation of the exemptions from seizure resulting from this article is null.

1965 (1st sess.), c. 80, a. 552; 1969, c. 80, s. 10; 1972, c. 70, s. 20; 1977, c. 73, s. 17; 1986, c. 55, s. 3; 1992, c. 57, s. 296.

1986-08-01

552. The debtor may select from among his property and withdraw from seizure:

(1)  The ordinary clothing and necessary bedding of himself and his family;

(2)  Household furniture, utensils and other things of general use to a market value of $4 000 established by the seizing officer, and the food and fuel required by him and his family;

(3)  Bees and hives with all articles necessary for working the apiary;

(4)  One cow, five sheep, goats or pigs, and twenty fowl, or, if he is a farmer or stock-breeder, two horses, ten cattle, ten sheep, goats or pigs, and two hundred fowl, the whole with the litter and fodder required for three months;

(5)  Books, instruments, tools and other things necessary to carry on his profession, art or trade, or:

if he is a farmer, gardener or nurseryman, all the agricultural implements, tools and other things used for his operations;

if he is a carrier, commercial traveller or needs the same to earn his livelihood, either one horse and its harness, one summer vehicle and one winter vehicle, or one motor vehicle;

if he is a fisherman, his fishing boats and equipment, and the provisions necessary for his operations.

Nevertheless the property mentioned in paragraphs 2, 3, 4 and 5 may be seized and sold to recover sums due on the price thereof, or when they have been pledged or pawned; except the fishing boats and equipment of a fisherman which cannot be seized or sold between the first of May and the first of November.

The valuation by the seizing officer contemplated in paragraph 2 may be revised by the judge; if such last mentioned judge considers that the market value of the household furniture, utensils and other things of general use left to the debtor does not reach $4 000, he may order that the debtor may choose and take, from among the similar property seized, that required, according to the valuation made by the judge, to cover the difference between such value and the amount of $4 000.

Any renunciation of the exemptions from seizure resulting from this article is null.

1965 (1st sess.), c. 80, a. 552; 1969, c. 80, s. 10; 1972, c. 70, s. 20; 1977, c. 73, s. 17; 1986, c. 55, s. 3.

1977-12-31

552. The debtor may select from among his property and withdraw from seizure:

(1)  The ordinary clothing and necessary bedding of himself and his family;

(2)  Household furniture, utensils and other things of general use to a market value of $2 000 established by the seizing officer, and the food and fuel required by him and his family;

(3)  Bees and hives with all articles necessary for working the apiary;

(4)  One cow, five sheep, goats or pigs, and twenty fowl, or, if he is a farmer or stock-breeder, two horses, ten cattle, ten sheep, goats or pigs, and two hundred fowl, the whole with the litter and fodder required for three months;

(5)  Books, instruments, tools and other things necessary to carry on his profession, art or trade, or:

if he is a farmer, gardener or nurseryman, all the agricultural implements, tools and other things used for his operations;

if he is a carrier, commercial traveller or needs the same to earn his livelihood, either one horse and its harness, one summer vehicle and one winter vehicle, or one motor vehicle;

if he is a fisherman, his fishing boats and equipment, and the provisions necessary for his operations.

Nevertheless the property mentioned in paragraphs 2, 3, 4 and 5 may be seized and sold to recover sums due on the price thereof, or when they have been pledged or pawned; except the fishing boats and equipment of a fisherman which cannot be seized or sold between the first of May and the first of November.

The valuation by the seizing officer contemplated in paragraph 2 may be revised by the judge; if such last mentioned judge considers that the market value of the household furniture, utensils and other things of general use left to the debtor does not reach $2 000, he may order that the debtor may choose and take, from among the similar property seized, that required, according to the valuation made by the judge, to cover the difference between such value and the amount of $2 000.

Any renunciation of the exemptions from seizure resulting from this article is null.

1965 (1st sess.), c. 80, a. 552; 1969, c. 80, s. 10; 1972, c. 70, s. 20; 1977, c. 73, s. 17.