Execution Act, R.S.O. 1990, c. E.24

• Jurisdiction: Ontario

Execution Act

R.S.O. 1990, Chapter E.24

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 9, Sched. 13.

CONTENTS

Definitions

1 In this Act,

“execution creditor” includes a person in whose name or on whose behalf a writ of execution is issued on a judgment, or in whose favour an order has been made for the seizure and sale of personal property, real property or both real property and personal property; (“créancier saisissant”)

“execution debtor” includes a person against whom a writ of execution is issued on a judgment or an order has been made for the seizure and sale of personal property, real property or both real property and personal property; (“débiteur saisi”)

“judgment creditor” means a person, whether plaintiff or defendant, who has recovered judgment against another person, and includes a person entitled to enforce a judgment; (“créancier judiciaire”)

“judgment debtor” means a person, whether plaintiff or defendant, against whom a judgment has been recovered; (“débiteur judiciaire”)

“prescribed amount” means the amount prescribed by the regulations made under section 35; (“somme prescrite”)

“sheriff” means a sheriff referred to in section 73 of the Courts of Justice Act; (“shérif”)

“spouse” means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage; (“conjoint”)

“surviving spouse” means a person who was the person’s spouse at the time of his or her death; (“conjoint survivant”)

“writ of execution” includes,

(a) a writ of seizure and sale,

(b) a writ of seizure and sale of land,

(c) a writ of seizure and sale of personal property,

(d) a writ of sequestration,

(e) a subsequent writ that may issue for giving effect to a writ listed in any of clauses (a) to (d),

(f) an order for seizure and sale of personal property, real property or both real property and personal property,

(g) any other process of execution issued out of the Superior Court of Justice or the Ontario Court of Justice having jurisdiction to grant and issue warrants or processes of execution. (“bref d’exécution forcée”) R.S.O. 1990, c. E.24, s. 1; 1999, c. 6, s. 24 (1, 2); 2000, c. 26, Sched. A, s. 8 (1); 2005, c. 5, s. 26 (1-3); 2010, c. 16, Sched. 2, s. 3 (1-4); 2020, c. 11, Sched. 9, s. 1.

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 24 (1, 2) - 01/03/2000

2000, c. 26, Sched. A, s. 8 (1) - 15/04/2001

2005, c. 5, s. 26 (1-3) - 09/03/2005

2010, c. 16, Sched. 2, s. 3 (1-4) - 25/10/2010

2020, c. 11, Sched. 9, s. 1 - 08/07/2020

Exemptions

2 (1) The following personal property of a debtor that is not a corporation is, at the option of the debtor, exempt from forced seizure or sale by any process at law or in equity:

1. Necessary clothing of the debtor and the debtor’s dependants.

2. Household furnishings and appliances that are of a value not exceeding the prescribed amount.

3. Tools and other personal property of the debtor, not exceeding the prescribed amount in value, that are used by the debtor to earn income from the debtor’s occupation.

4. One motor vehicle that is of a value not exceeding the prescribed amount.

5. Personal property prescribed by the regulations that is of a value not exceeding the prescribed amount. 2010, c. 16, Sched. 2, s. 3 (6).

Personal property exceeding exempted value

(1.1) Despite paragraphs 2, 3, 4 and 5 of subsection (1), if the value of the personal property exceeds the prescribed amount for the property, the property is subject to seizure and sale under this Act. 2010, c. 16, Sched. 2, s. 3 (6).

Principal residence of debtor

(2) The principal residence of a debtor is exempt from forced seizure or sale by any process at law or in equity if the value of the debtor’s equity in the principal residence does not exceed the prescribed amount. 2010, c. 16, Sched. 2, s. 3 (5).

Principal residence exceeding exempted value

(3) Despite subsection (2), if the value of the debtor’s equity in the principal residence exceeds the prescribed amount, the principal residence is subject to seizure and sale under this Act. 2010, c. 16, Sched. 2, s. 3 (5); 2023, c. 9, Sched. 13, s. 1.

Medical devices, etc.

(4) Aids and devices owned by a debtor that are required by the debtor or the debtor’s dependants to assist with a disability or a medical or dental condition are exempt from forced seizure or sale by any process at law or in equity. 2010, c. 16, Sched. 2, s. 3 (5).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. A, s. 8 (2) - 15/04/2001

2010, c. 16, Sched. 2, s. 3 (5) - 25/10/2010; 2010, c. 16, Sched. 2, s. 3 (6) - 01/12/2015

2023, c. 9, Sched. 13, s. 1 - 08/06/2023

Sale and refund of amount of exemption, household furnishings, etc.

3 (1) If an exemption is claimed for household furnishings or an appliance that has a sale value in excess of the sum of the amount prescribed for the purpose of paragraph 2 of subsection 2 (1) and the costs of the sale, and other personal property is not available for seizure and sale, the furnishings or appliance are subject to seizure and sale under a writ of execution and the prescribed amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale. 2010, c. 16, Sched. 2, s. 3 (7).

Same, motor vehicle

(2) If an exemption is claimed for a motor vehicle that has a sale value in excess of the sum of the amount prescribed for the purpose of paragraph 4 of subsection 2 (1) and the costs of the sale, the motor vehicle is subject to seizure and sale under a writ of execution and the prescribed amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale. 2010, c. 16, Sched. 2, s. 3 (7).

Election to receive proceeds from sale of tools

(3) A debtor may, in lieu of claiming an exemption for tools or other personal property referred to in paragraph 3 of subsection 2 (1), elect to receive the proceeds from the sale of the tools or property up to the prescribed amount referred to in that paragraph. 2010, c. 16, Sched. 2, s. 3 (7).

Same

(4) If subsection (3) applies, the sheriff shall pay to the debtor the prescribed amount referred to in paragraph 3 of subsection 2 (1) out of the net proceeds of the sale or, if the proceeds are equal to or less than the prescribed amount, the total amount of the net proceeds. 2010, c. 16, Sched. 2, s. 3 (7).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. A, s. 8 (3-6) - 15/04/2001

2006, c. 19, Sched. B, s. 6 (1) - 22/06/2006

2010, c. 16, Sched. 2, s. 3 (7) - 01/12/2015

Money derived from sale of exempted goods

4 The sum to which a debtor is entitled under subsection 3 (1), (2) or (4) is exempt from attachment or seizure at the instance of a creditor. R.S.O. 1990, c. E.24, s. 4; 2006, c. 19, Sched. B, s. 6 (2); 2010, c. 16, Sched. 2, s. 3 (8).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. B, s. 6 (2) - 22/06/2006

2010, c. 16, Sched. 2, s. 3 (8) - 01/12/2015

Selection of exempt personal property by execution debtor

5 (1) Subject to section 2, the execution debtor is entitled to select, from his or her personal property, the personal property he or she claims as exempt from forced seizure and sale. 2010, c. 16, Sched. 2, s. 3 (9).

If execution debtor is deceased

(2) If an execution debtor dies before the seizure and sale of his or her personal property, the following rules apply:

1. A selection made by the debtor in accordance with subsection (1) before death remains valid after death and may not be changed by an executor, administrator or heir of the debtor.

2. If the execution debtor dies before making or completing the selection under subsection (1), the selection or remaining selection shall be made as follows:

i. If the deceased debtor has a surviving spouse, the surviving spouse shall make the selection.

ii. If there is no surviving spouse, a surviving dependant of the debtor shall make the selection.

iii. If there is no surviving spouse or dependant, the family of the debtor shall make the selection.

iv. If any person entitled to make the selection under this section is a minor, the guardian of that person shall make the selection for him or her. 2010, c. 16, Sched. 2, s. 3 (9).

Limit on exemption

(3) The total quantity and total value of personal property of an execution debtor that may be claimed as exempt by a person mentioned in subsection (2) and by the execution debtor before death must not exceed the quantity and value of property that would have been exempt property to just the execution debtor. 2010, c. 16, Sched. 2, s. 3 (9).

Onus

(4) The onus of proof that the requirements of this section are satisfied is on the person claiming the exemption. 2010, c. 16, Sched. 2, s. 3 (9).

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 24 (3, 4) - 01/03/2000

2005, c. 5, s. 26 (4, 5) - 09/03/2005

2010, c. 16, Sched. 2, s. 3 (9) - 25/10/2010

6 Repealed: 2010, c. 16, Sched. 2, s. 3 (10).

Section Amendments with date in force (d/m/y)

1993, c. 27, Sched. - 31/12/1991; 1999, c. 6, s. 24 (5) - 01/03/2000

2005, c. 5, s. 26 (6) - 09/03/2005

2010, c. 16, Sched. 2, s. 3 (10) - 25/10/2010

Rules concerning exemptions

Personal property for which debt was incurred

7 (1) The provisions of this Act with respect to exemptions do not apply to personal property that is exempt from seizure to satisfy a debt contracted for the purchase of the personal property, unless the personal property is furnishings required to maintain a functional household or ordinary wearing apparel of the debtor or his or her dependants. 2010, c. 16, Sched. 2, s. 3 (11).

Debt for maintenance

(2) The exemptions prescribed in this Act do not apply to exempt any article from seizure to satisfy a debt for maintenance of a spouse or former spouse or of a child, except tools, instruments and chattels ordinarily used by the debtor in the...