P-2.2 - Act to facilitate the payment of support

Section 47.1 Disposition versions

2016-01-01

47.1. The execution of a judgment under this Act is to proceed in accordance with the rules of Book VIII of the Code of Civil Procedure (chapter C-25.01), subject to the special rules set out in this Act and the following rules:

(1)  the Minister may enter into an agreement with a person owing an amount under this Act for the payment of instalments over a period of time, which may exceed one year, that the Minister determines; such an agreement need not be filed with the court office;

(2)  the Minister shall act as seizing creditor for himself or for the support creditor; the Minister shall prepare the notice of execution and file it with the court office; the notice is valid only for the execution of a judgment effected under this Act and does not prevent the filing of a notice for the execution of another judgment; if the Minister acts for the support creditor, the Minister may exercise the powers granted to the support creditor under Division III of Chapter IV of Title I of that Book VIII;

(3)  the Minister seizes a sum of money or income in the hands of a third person, but entrusts the administration of subsequent steps, including the receipt and distribution of the sum or income, to the clerk of the court seized; the Minister serves the notice of execution on the defendant and the garnishee, but is not required to inform the defendant’s creditors or deal with their claims, or to join in a seizure in the hands of a third person already undertaken by a bailiff in another case if the seizure to be made by the Minister is for other sums or income than the sums or income specified in the notice of execution filed by the bailiff;

(4)  the Minister is required to hire the services of a bailiff for the seizure of movable or immovable property, to give the bailiff instructions and to amend the notice of execution accordingly; in such a case, if a notice for the execution of a judgment was filed by a bailiff in another case prior to the Minister’s request, the Minister or the bailiff hired by the Minister joins in the seizure already undertaken.

The Minister is not required to pay an advance to cover execution-related costs.

2015, c. 36, s. 171.