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C-25.01 - Code of Civil Procedure
Section 698
Disposition versions
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit, a social solidarity allowance or a basic income, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $278.08; for the debtor, the exemption is 125% of the latter amount, that is, $347.60, for the first dependant, 50%, that is, $139.04, and for any other dependant, 25%, that is, $69.52; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt, a financial contribution as support to meet the needs of a child born as a result of a sexual assault or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit, a social solidarity allowance or a basic income, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $278.08; for the debtor, the exemption is 125% of the latter amount, that is, $347.60, for the first dependant, 50%, that is, $139.04, and for any other dependant, 25%, that is, $69.52; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit, a social solidarity allowance or a basic income, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $262.62; for the debtor, the exemption is 125% of the latter amount, that is, $328.27, for the first dependant, 50%, that is, $131.31, and for any other dependant, 25%, that is, $65.65; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $262.62; for the debtor, the exemption is 125% of the latter amount, that is, $328.27, for the first dependant, 50%, that is, $131.31, and for any other dependant, 25%, that is, $65.65; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $256.38; for the debtor, the exemption is 125% of the latter amount, that is, $320.48, for the first dependant, 50%, that is, $128.19, and for any other dependant, 25%, that is, $64.10; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $251.08; for the debtor, the exemption is 125% of the latter amount, that is, $313.85, for the first dependant, 50%, that is, $125.54, and for any other dependant, 25%, that is, $62.77; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $244.85; for the debtor, the exemption is 125% of the latter amount, that is, $306.06, for the first dependant, 50%, that is, $122.42, and for any other dependant, 25%, that is, $61.21; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit, an Aim for Employment benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $238.85; for the debtor, the exemption is 125% of the latter amount, that is, $298.56, for the first dependant, 50%, that is, $119.42, and for any other dependant, 25%, that is, $59.71; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $220.15; for the debtor, the exemption is 125% of the latter amount, that is, $275.19, for the first dependant, 50%, that is, $110.08, and for any other dependant, 25%, that is, $55.04; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $218.54; for the debtor, the exemption is 125% of the latter amount, that is, $273.17, for the first dependant, 50%, that is, $109.27, and for any other dependant, 25%, that is, $54.63; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
From 1 April 2017, the amounts referred to in the fourth paragraph are the following: “$220.15, $275.19, $110.08 and $55.04”.
698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C.
A is the debtor’s income, made up of
(1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate;
(2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and
(3) money paid as a social assistance benefit or a social solidarity allowance, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure.
The following are not included in the debtor’s income, however:
(1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court;
(2) judicially awarded support, if intended to provide for a minor child;
(3) employer contributions to a retirement, insurance or social security fund;
(4) the value of food and lodging provided or paid by the employer for work-related travel.
B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $216.23; for the debtor, the exemption is 125% of the latter amount, that is, $270.29, for the first dependant, 50%, that is, $108.12, and for any other dependant, 25%, that is, $54.06; these figures are updated by the Minister on 1 April each year.
C is the seizure percentage, that is, 30%. However, for the execution of partition of a family patrimony or for the payment of a support debt or a compensatory allowance, the percentage is 50%.
