Exemptions Act
Consolidated act- Citation
- S.N.W.T. 2010, c.4
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Civil Claims Rules, s.20
- Civil Claims Rules, s.sched_1
- Civil Claims Rules, s.sched_1 → #sec_7__subsec_4__para_c
- Civil Claims Rules, s.sched_1
- Civil Claims Rules, s.sched_1 → #sec_2
- Civil Claims Rules, s.sched_1 → #sec_7
- Civil Claims Rules, s.sched_1 → #sec_7__subsec_5
- Creditors Relief Act, s.19
- Exemptions Regulations, s.1 → #sec_2__subsec_1
- Exemptions Regulations, s.2 → #sec_7__subsec_2
- Public Service Garnishee Act, s.6 → #sec_7
- Rules of the Supreme Court of the Northwest Territories - Part One, s.525 → #sec_7
- Rules of the Supreme Court of the Northwest Territories - Part One, s.532 → #sec_7
- Seizures Act, s.37
- Workers' Compensation Act, s.15
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
Definitions
1.In this Act,
"creditor" means a party or a person who is entitled to receive payment or to enforce a judgment or order; (créancier)
"debtor" means a party or a person required to make payment under a judgment or order or against whom a judgment or order may be enforced; (débiteur)
"dependant" means
(a) the spouse of the debtor,
(b) a child of the debtor who is under the age of 19 years,
(c) a child of the debtor who has attained the age of 19 years and is unable by reason of mental or physical disability to earn a livelihood,
(d) a person who cohabits with the debtor and is dependent on the debtor for maintenance and support,
(e) a person who is cohabiting with the debtor and between whom one or more children have been born,
(f) a person who acts as a foster parent of the children of the debtor in the same household and who is dependent on the debtor for maintenance and support,
(g) any other person whom a court determines is financially dependent on the debtor; (personne à charge)
"motor vehicle" means a motor vehicle as defined in section 1 of the Motor Vehicles Act; (véhicule automobile)
"spouse" has the meaning assigned to it by section 1 of the Family Law Act; (conjoint)
"support" includes alimony and maintenance; (aliments)
"writ of execution" means any writ issued to satisfy a judgment amount in favour of the creditor against the debtor, but does not include a writ of attachment, garnishee proceedings or proceedings in the nature of an equitable execution. (bref d’exécution)
Exemptions from seizure
2.(1) Subject to sections 5 and 6, the following property of a debtor is, subject to any prescribed limits, exempt from seizure under a writ of execution:
(a) household furnishings, utensils, equipment and appliances needed by the debtor and any dependants to reasonably maintain a functional household;
(b) necessary and ordinary clothing of the debtor and any dependants;
(c) food, fuel and other necessaries of life required by the debtor and any dependants;
(d) tools, instruments, books and other personal property, other than a motor vehicle, ordinarily used by the debtor in his or her business, profession, trade or occupation;
(e) tools, instruments, all-terrain vehicles as defined in subsection 1(1) of the All-terrain Vehicles Act, watercraft and other personal property, other than a motor vehicle, ordinarily used and needed by the debtor in hunting, trapping or fishing for food;
(f) any interest in the principal residence of the debtor, to the extent of that interest;
(g) medical and dental aids that are required by the debtor or any dependants;
(h) one motor vehicle.
(2) Money paid or payable to a debtor pursuant to a legal entitlement for compensation resulting from mental or physical harm suffered by the debtor, other than money paid or payable as compensation for wages or salary owed, is exempt from seizure under a writ of execution or writ of attachment or by a garnishee proceedings.
(3) Money paid or payable to a debtor as assistance provided to the debtor and any dependants under the Social Assistance Act is exempt from seizure under a writ of execution or writ of attachment or by a garnishee proceedings.
(4) This section does not apply
(a) if the debtor has absconded or appears to be preparing to abscond from the Northwest Territories, leaving no dependants in the Territories; or
(b) to a writ of execution issued on
(i) a judgment or order for the payment of support, or
(ii) a judgment on a domestic contract, as defined in section 2 of the Family Law Act.
Election by debtor
3.(1) A debtor may, instead of retaining the property referred to in paragraph 2(1)(d), elect to receive the proceeds of the sale of that property.
(2) If a debtor makes an election under subsection (1), the officer executing the writ of execution shall pay to the debtor the proceeds, not exceeding the prescribed limit for that property.
(3) The proceeds paid to the debtor under this section are exempt from attachment or seizure by a creditor.
No exemption where debt pertains to property
4.This Act does not exempt any article from seizure to satisfy a debt contracted for that article unless the article is of the type described in paragraph 2(1)(b).
Exemption after death of debtor
5.(1) Property of a debtor exempted under this Act, or proceeds of the sale of such property, is exempt from seizure and the claims of creditors of the debtor after his or her death.
(2) Surviving dependants are entitled to retain the property or the proceeds of its sale as referred to in subsection (1).
Right of selection: debtor
6.(1) A debtor may select, from his or her property, the property that is to be exempt from seizure under this Act.
(2) If the debtor is deceased, the selection referred to in subsection (1) may be made by
(a) a surviving dependant;
(b) a person who has lawful custody of a surviving dependant; or
(c) a guardian of a surviving dependant.
Definition of "net wages or salary"
7.(1) In this section, "net wages or salary" means wages or salary owed to a debtor who is an employee, less the deductions an employer is required to make and has made under an Act of Canada or of the Northwest Territories.
(2) Where a garnishee summons is in effect in respect of a debtor and employer, the following is exempt from attachment for each calendar month in which the net wages or salary are owed:
(a) where an amount equal to 70% of the net wages or salary owed exceeds the prescribed minimum amount, that amount; or
(b) where an amount equal to 70% of the net wages or salary owed does not exceed the prescribed minimum amount, the prescribed minimum amount.
(3) Subsection (2) applies each time the debtor is paid during the calendar month.
(4) This section does not apply
(a) if the debt is for board or lodging;
(b) if the debtor has absconded or appears to be preparing to abscond from the Northwest Territories, leaving no dependants in the Territories; or
(c) to a garnishee summons issued on a judgment or order for the payment of support.
(5) The Supreme Court may, on application, reduce an exemption under this section where a dependant is receiving income, whether or not the dependant is joined as a debtor.
Regulations
8.The Commissioner, on the recommendation of the Minister, may make regulations
(a) prescribing limits in respect of property exempt from seizure under subsection 2(1);
(b) prescribing the minimum amount exempt from garnishment for the purposes of paragraphs 7(2)(a) and (b); and
(c) respecting any other matter necessary to carry out the purposes and provisions of this Act.
TRANSITIONAL
Continuation of matter
9.On the coming into force of this Act, any matter to which the Exemptions Act, R.S.N.W.T. 1988, c.E-9 applies, shall proceed under and in conformity with this Act, to the extent that it can be adapted to this Act.
CONSEQUENTIAL AMENDMENTS
Public Service Garnishee Act
10.Section 6 of the Public Service Garnishee Act is amended by striking out "section 9 of the Exemptions Act" and substituting "section 7 of the Exemptions Act".
REPEAL
Exemptions Act
11.The Exemptions Act, R.S.N.W.T. 1988, c.E-9, is repealed.
COMMENCEMENT
Coming into force
12.This Act comes into force on a day or days to be fixed by order of the Commissioner.
Territorial Printer, Northwest Territories Yellowknife, N.W.T./2010©