Execution Act
Exemptions
Consolidation Period: From December 16, 2020 to the e-Laws currency date.
Last amendment: 758/20.
Legislative History: 289/15; 758/20.
This is the English version of a bilingual regulation.
Prescribed Amounts for Exemptions
Exemptions, prescribed amounts
1. (1) For the purposes of subsections 2 (1) and (1.1) of the Act, the following amounts are prescribed:
1. For the chattels described in paragraph 2 of subsection 2 (1) of the Act (household furnishings and appliances), $14,180.
2. For the chattels described in paragraph 3 of subsection 2 (1) of the Act (tools and other personal property used to earn income),
i. in the case of a debtor engaged solely in the tillage of the soil or farming, $31,379 for livestock, fowl, bees, books, tools and implements and other chattels ordinarily used by the debtor in the debtor’s occupation, or
ii. in any other case, $14,405.
3. For the chattels described in paragraph 4 of subsection 2 (1) of the Act (motor vehicle), $7,117. O. Reg. 289/15, s. 1; O. Reg. 758/20, s. 1 (1-4).
(2) For the purposes of subsections 2 (2) and (3) of the Act (principal residence), the prescribed amount is $10,783. O. Reg. 289/15, s. 1; O. Reg. 758/20, s. 1 (5).
Rules and Procedures for Exemption Claim
Notice of exemption
2. (1) When a sheriff seizes chattels of a debtor that may be exempt from seizure, the sheriff shall serve a notice of exemption, in a form approved by the Attorney General, on the debtor. O. Reg. 289/15, s. 1.
(2) The notice of exemption may be served on the debtor,
(a) by personal service;
(b) by leaving a copy of the notice with a person who appears to be an adult at the debtor’s last known address; or
(c) by leaving a copy of the notice in a conspicuous place at the debtor’s last known address and by mailing another copy of the notice to the debtor’s last known address on the same day or the following day. O. Reg. 289/15, s. 1.
(3) Service is effective immediately if the notice is served in accordance with clause (2) (a) or (b). O. Reg. 289/15, s. 1.
(4) Service is effective on the fifth day after the notice is mailed if it is served in accordance with clause (2) (c). O. Reg. 289/15, s. 1.
Exemption claim
3. (1) A debtor may file an exemption claim with the sheriff, in a form approved by the Attorney General, within five business days of being served with a notice of exemption under section 2. O. Reg. 289/15, s. 1.
(2) Unless ordered to do so by the court, the sheriff shall not accept an exemption claim that is filed after the period of five business days has elapsed. O. Reg. 289/15, s. 1.
(3) If an exemption claim is filed with the sheriff, he or she shall determine if the chattels seized are eligible for exemption from seizure under section 2 of the Act. O. Reg. 289/15, s. 1.
(4) After making a determination under subsection (3), the sheriff shall mail or email a letter, in the form approved by the Attorney General, to the creditor and debtor to set out the exemption entitlement or to advise of the denial of the exemption claim. O. Reg. 289/15, s. 1.
(5) The debtor has five business days from the date he or she receives the sheriff’s determination to contact the enforcement office to,
(a) make arrangements to take possession of the exempted chattels; and
(b) if appropriate, make an election under subsection 3 (3) of the Act to receive the proceeds from the sale of the chattels. O. Reg. 289/15, s. 1.
(6) The debtor shall take possession of the exempted chattels within a time period that the sheriff deems reasonable in the circumstances. O. Reg. 289/15, s. 1.
(7) The debtor’s exemption claim is deemed to be abandoned, and the sale of the seized chattels may proceed, if the debtor,
(a) does not make appropriate arrangements to take possession of the exempted chattels within five business days of being notified of the sheriff’s determination; or
(b) does not take possession of the exempted chattels within the period that the sheriff deems reasonable in the circumstances. O. Reg. 289/15, s. 1.
Dispute
4. (1) If a dispute arises regarding chattels that are or may be exempt from seizure, the debtor or creditor may apply to the Superior Court of Justice for the determination of the question in accordance with subsection 8 (1) of the Act. O. Reg. 289/15, s. 1.
(2) The debtor or creditor shall serve the sheriff with notice of the application. O. Reg. 289/15, s. 1.
(3) If the sheriff receives notice of an application relating to chattels that are or may be exempt from seizure, the sheriff shall defer the sale of the chattels until the court can make a determination on the matter. O. Reg. 289/15, s. 1.
(4) Subsection (3) does not apply if,
(a) the debtor does not dispute that the chattels are exempt from seizure and have a sale value in excess of the amount prescribed for the purposes of section 2 of the Act;
(b) the debtor has made an election under subsection 3 (3) of the Act to receive the proceeds from the sale of the chattels; or
(c) the application is abandoned. O. Reg. 289/15, s. 1.
2. Revoked: O. Reg. 657/05, s. 2 (3).