C-25 - Code of Civil Procedure

Section 553 Disposition versions

2014-07-01

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Judicially awarded support and sums given or bequeathed as support, even if not declared to be exempt from seizure by the instrument evidencing the gift or bequest;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees or under a voluntary retirement savings plan governed by the Voluntary Retirement Savings Plans Act (chapter R-17.0.1), other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of 70% of the excess over the following unseizable portion:

(a)  $180 per week, plus $30 per week for each dependant in excess of two, if the debtor is supporting his or her spouse, has a dependent child, or is the main support of a relative; or

(b)  $120 per week in all other cases.

The person of the opposite or the same sex with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the de facto spouse of the debtor, provided the debtor is neither married nor in a civil union.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, of enterprise, for services or of mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1)  50% of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 8 or 11, as well as any amount mentioned in paragraph 7, is unseizable, in the case of effecting partition of a family patrimony or of a debt for support or a compensatory allowance between married or civil union spouses, to the extent of 50%.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4; 1989, c. 55, s. 30; 1992, c. 57, s. 297; 1999, c. 14, s. 9; 2002, c. 6, s. 101; 2013, c. 26, s. 131.

2002-06-24

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Judicially awarded support and sums given or bequeathed as support, even if not declared to be exempt from seizure by the instrument evidencing the gift or bequest;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of 70% of the excess over the following unseizable portion:

(a)  $180 per week, plus $30 per week for each dependant in excess of two, if the debtor is supporting his or her spouse, has a dependent child, or is the main support of a relative; or

(b)  $120 per week in all other cases.

The person of the opposite or the same sex with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the de facto spouse of the debtor, provided the debtor is neither married nor in a civil union.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, of enterprise, for services or of mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1)  50% of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 8 or 11, as well as any amount mentioned in paragraph 7, is unseizable, in the case of effecting partition of a family patrimony or of a debt for support or a compensatory allowance between married or civil union spouses, to the extent of 50%.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4; 1989, c. 55, s. 30; 1992, c. 57, s. 297; 1999, c. 14, s. 9; 2002, c. 6, s. 101.

1999-06-16

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Judicially awarded support and sums given or bequeathed as support, even if not declared to be exempt from seizure by the instrument evidencing the gift or bequest;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of 70 % of the excess over the following unseizable portion:

(a)  $180 per week, plus $30 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  $120 per week in all other cases.

The person to whom the debtor is married or, if the debtor is not married, the person of the opposite or the same sex with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the spouse of the debtor.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, of enterprise, for services or of mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1)  50 % of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 8 or 11, as well as any amount mentioned in paragraph 7, is unseizable, in the case of effecting partition of a family patrimony or of a debt for support or a compensatory allowance, to the extent of 50 %.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4; 1989, c. 55, s. 30; 1992, c. 57, s. 297; 1999, c. 14, s. 9.

1994-01-01

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Judicially awarded support and sums given or bequeathed as support, even if not declared to be exempt from seizure by the instrument evidencing the gift or bequest;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of 70 % of the excess over the following unseizable portion:

(a)  $180 per week, plus $30 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  $120 per week in all other cases.

The person to whom the debtor is married or, if he is not married, the person with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the spouse of the debtor.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, of enterprise, for services or of mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1)  50 % of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 8 or 11, as well as any amount mentioned in paragraph 7, is unseizable, in the case of effecting partition of a family patrimony or of a debt for support or a compensatory allowance, to the extent of 50 %.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4; 1989, c. 55, s. 30; 1992, c. 57, s. 297.

1989-07-01

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of 70 % of the excess over the following unseizable portion:

(a)  $120 per week, plus $20 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  $80 per week in all other cases.

The person to whom the debtor is married or, if he is not married, the person with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the spouse of the debtor.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1)  Fifty per cent of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 8 or 11, as well as any amount mentioned in paragraph 7, is unseizable, in the case of effecting partition of a family patrimony or of a debt for support or a compensatory allowance, to the extent of 50 %.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4; 1989, c. 55, s. 30.

1988-12-12

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits granted to employees out of a pension plan created by law or registered under the Act respecting supplemental pension plans (chapter R-17) as well as contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of 70 % of the excess over the following unseizable portion:

(a)  $120 per week, plus $20 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  $80 per week in all other cases.

The person to whom the debtor is married or, if he is not married, the person with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the spouse of the debtor.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1)  Fifty per cent of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 7, 8 or 11 is unseizable, in the case of a debt for support, only to the extent of 50 %.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4.

1988-06-17

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits granted to employees out of a pension plan created by law or registered under the Act respecting supplemental pension plans (chapter R-17) as well as contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of 70 % of the excess over the following unseizable portion:

(a)  $120 per week, plus $20 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  $80 per week in all other cases.

The person to whom the debtor is married or, if he is not married, the person with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the spouse of the debtor.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1)  Fifty per cent of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Statutes of Canada 1986, chapter 5);

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 7, 8 or 11 is unseizable, in the case of a debt for support, only to the extent of 50 %.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4.

1986-08-01

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits granted to employees out of a pension plan created by law or registered under the Act respecting supplemental pension plans (chapter R-17) as well as contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of seventy per cent of the excess over the following unseizable portion:

(a)  $120 per week, plus $20 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  $80 per week in all other cases.

The person to whom the debtor is married or, if he is not married, the person with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the spouse of the debtor.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special act, any income referred to in paragraph 4, 6, 7, 8 or 11 is unseizable, in the case of a debt for support, only to the extent of fifty per cent.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4.

1982-12-16

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits granted to employees out of a pension plan created by law or registered under the Act respecting supplemental pension plans (chapter R-17) as well as contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  (Subparagraph repealed);

(11)  All gross salaries and wages to the extent of seventy per cent of the excess over the following unseizable portion:

(a)  $60 per week, plus $10 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  $40 per week in all other cases.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special act, any income referred to in paragraph 4, 6, 7, 8 or 11 is unseizable, in the case of a debt for support, only to the extent of fifty per cent.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21.

1982-12-01

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits granted to employees out of a pension plan created by law or registered under the Act respecting supplemental pension plans (chapter R-17) as well as contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  The pay and pensions of persons belonging to the armed services of Canada;

(11)  All gross salaries and wages to the extent of seventy per cent of the excess over the following unseizable portion:

(a)  sixty dollars per week, plus ten dollars per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  forty dollars per week in all other cases.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special act, any income referred to in paragraph 4, 6, 7, 8, 10 or 11 is unseizable, in the case of a debt for support, only to the extent of fifty per cent.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26.

1980-08-01

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure; they may however be seized for an alimentary debt;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Benefits granted to employees out of a pension plan created by law or registered under the Act respecting supplemental pension plans (chapter R-17) as well as contributions paid or to be paid into such plans;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  The pay and pensions of persons belonging to the armed services of Canada;

(11)  All gross salaries and wages to the extent of seventy per cent of the excess over the following unseizable portion:

(a)  sixty dollars per week, plus ten dollars per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  forty dollars per week in all other cases.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(12)  Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special act, any income referred to in paragraph 6, 7, 8, 10 or 11 is unseizable, in the case of a debt for support, only to the extent of fifty per cent.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4.

1979-06-22

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure; they may however be seized for an alimentary debt;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Pensions granted to employees, out of retiring or pension funds, as well as the instalments paid or to be paid to form such funds;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1)  Property of a person that he requires to compensate for a handicap;

(10)  The pay and pensions of persons belonging to the armed services of Canada;

(11)  All gross salaries and wages to the extent of seventy per cent of the excess over the following unseizable portion:

(a)  sixty dollars per week, plus ten dollars per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  forty dollars per week in all other cases.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(12)  Anything declared unseizable by law.

However, in the case of an alimentary debt, the pensions, benefits, salaries or wages mentioned in paragraphs 7, 8 and 11 are unseizable only to the extent of fifty per cent.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29.

1977-12-31

553. The following are exempt from seizure:

(1)  Consecrated vessels and things used for religious worship;

(2)  Family papers and portraits, medals and other decorations;

(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4)  Alimentary allowances granted judicially and sums or pensions given or bequeathed as alimony, even though the deed creating them has not declared them to be exempt from seizure; they may however be seized for an alimentary debt;

(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7)  Pensions granted to employees, out of retiring or pension funds, as well as the instalments paid or to be paid to form such funds;

(8)  Periodic disability benefits under a contract of accident and sickness insurance;

(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(10)  The pay and pensions of persons belonging to the armed services of Canada;

(11)  All gross salaries and wages to the extent of seventy per cent of the excess over the following unseizable portion:

(a)  sixty dollars per week, plus ten dollars per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or

(b)  forty dollars per week in all other cases.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, lease and hire of services or mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(12)  Anything declared unseizable by law.

However, in the case of an alimentary debt, the pensions, benefits, salaries or wages mentioned in paragraphs 7, 8 and 11 are unseizable only to the extent of fifty per cent.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18.