C-25.01 - Code of Civil Procedure

Section 696 Disposition versions

2023-06-06

696. The following are exempt from seizure:

(1)  consecrated vessels and other things used for religious worship;

(2)  books of account, debt securities and other papers if in the possession of a debtor who does not operate an enterprise, except bonds, promissory notes and other instruments payable to order or to bearer;

(3)  amounts reimbursed to the debtor for costs relating to an illness, a disability or an accident;

(4)  anything declared unseizable by law.

The following are also exempt from seizure:

(1)  lump sum amounts and compensation, other than income replacement indemnities, paid in execution of a judgment or under a public compensation plan covering costs and losses resulting from a person’s death or from bodily or moral injury;

(2)  property declared by the donor or testator to be exempt from seizure, if the stipulation is made in an act by gratuitous title and is temporary and justified by a serious and legitimate interest. However, the property may be seized on the request of creditors whose claims are subsequent to the gift or the opening of the legacy, with leave of the court and to the extent it determines;

(3)  contributions paid or to be paid into a supplemental pension plan to which an employer contributes on behalf of employees, or into another pension plan established or governed by law;

(4)  the capital accumulated for the payment of an annuity or accumulated in a retirement savings instrument if the capital has been alienated or is under the control of a third person and satisfies the other prescriptions of law.

Nevertheless, the property described in the second paragraph may be seized up to a limit of 50% to execute partition of a family patrimony, a support claim or a compensatory allowance or the payment of a financial contribution as support to meet the needs of a child born as a result of a sexual assault. This rule has precedence over any contrary legislative provision.

2014, c. 1, a. 696; 2023, c. 13, s. 54.

2016-01-01

696. The following are exempt from seizure:

(1)  consecrated vessels and other things used for religious worship;

(2)  books of account, debt securities and other papers if in the possession of a debtor who does not operate an enterprise, except bonds, promissory notes and other instruments payable to order or to bearer;

(3)  amounts reimbursed to the debtor for costs relating to an illness, a disability or an accident;

(4)  anything declared unseizable by law.

The following are also exempt from seizure:

(1)  lump sum amounts and compensation, other than income replacement indemnities, paid in execution of a judgment or under a public compensation plan covering costs and losses resulting from a person’s death or from bodily or moral injury;

(2)  property declared by the donor or testator to be exempt from seizure, if the stipulation is made in an act by gratuitous title and is temporary and justified by a serious and legitimate interest. However, the property may be seized on the request of creditors whose claims are subsequent to the gift or the opening of the legacy, with leave of the court and to the extent it determines;

(3)  contributions paid or to be paid into a supplemental pension plan to which an employer contributes on behalf of employees, or into another pension plan established or governed by law;

(4)  the capital accumulated for the payment of an annuity or accumulated in a retirement savings instrument if the capital has been alienated or is under the control of a third person and satisfies the other prescriptions of law.

Nevertheless, the property described in the second paragraph may be seized up to a limit of 50% to execute partition of a family patrimony, a support claim or a compensatory allowance. This rule has precedence over any contrary legislative provision.

2014, c. 1, a. 696.