Bankruptcy Rules - by Province

Alberta

 Property Exempt from Seizure

• Food required by the debtor and his/her dependants during the next 12 months.
• Necessary clothing of the debtor and his/her dependants up to a value of $4000.00.
• Household furniture and appliances up to a value of $4000.00
• One motor vehicle not exceeding a value of $5000.00.
• Medical and dental aids required by the debtor and his/her dependents. Where the debtor is a bona fide farmer and whose principal source of livelihood is farming:
• 160 acres if the debtor's principal residence is located on that 160 acres and that the 160 acres is part of the debtor's farm.
• The equity in the debtor's principal residence, including a mobile home, up to a value of $40,000.00. If the debtor is a co-owner of the residence, the amount of the exemption is reduced to an amount that is proportionate to the debtor's ownership interest.
• Personal property (i.e. tools, equipment, books) required by the debtor to earn income from the debtor's occupation up to a value of $10,000.00.
• Where the debtor's primary income is from farming operations, personal property required by the debtor for the proper and efficient conduct of the debtor's farming operations for the next 12 months.

British Columbia

Property Exempt from Seizure

• Household goods - $4,000
• Tools of the trade - $10,000
• Motor vehicle - $5,000, ($2,000 for maintenance debtors)
• Home equity - $12,000, ($9,000 outside the GVRD and Capital Regional District).

Plus all necessary clothing and all required medical aids (of a debtor or a dependent)

Manitoba

 Property Exempt from Seizure

• Furniture, household furnishings and appliances not exceeding total value of $4,500.
• Necessary and ordinary clothing of the debtor and family.
• Food and fuel necessary to family for period of six months or cash equivalent.
• If debtor is a farmer: animals necessary for farming operation for 12 months; farm machinery, dairy utensils and farm equipment necessary for ensuing 12 months; one motor vehicle if required for purposes of agricultural operations.
• Home quarter.
• Tools, implements, professional books and other necessaries not exceeding a total value of $7,500 used in practice of trade, occupation or profession. One motor vehicle, if necessary for work or transportation to and from work, not exceeding $3,000 in value.
• Articles and furniture necessary to performance of religious services.
• Seed sufficient to seed all land of debtor under cultivation.
• Health aids, including wheelchair, air conditioner, elevator, hearing aid, eye glasses, prosthetic or orthopedic equipment, necessary to debtor or family.
• Chattel property of municipalities and schools.
• Actual residence of the bankrupt, equity of $1,500 each if in joint tenancy, or $2,500 if not in joint tenancy.

New Brunswick

Property Exempt from Seizure

• Furniture, household furnishings and appliances used by the debtor or a dependent to a realizable value of $5,000 or to any greater amount that may be prescribed.
• Food, clothing and fuel necessary for the debtor and his family.
• Two horses and sets of harness, two cows, ten sheep, two hogs and twenty fowl, and food therefor for six months.
• Necessary tools, equipment and books to the value of $6,500 used in the practice of the debtor's trade or profession.
• Necessary seed grain and potatoes required for planting purposes to the following quantities: forty bushels of oats, ten bushels of barley, ten bushels of buckwheat, ten bushels of wheat and thirty-five barrels of potatoes.
• One motor vehicle having a realizable value of not more than six thousand five hundred dollars at the time the claim for exemption is made, or not more that any greater amount that may be prescribed, if the motor vehicle is required by the debtor in the course of or to retain employment or in the course of and necessary to the debtor's trade, profession or occupation or for transportation to a place of employment where public transportation facilities are not reasonably available.
• Necessary medical and health aids.
• Pets belonging to the debtor.
• Pension plans.

Newfoundland

Property Exempt from Seizure

 Pursuant to the new Judgement Enforcement Act, effective June 1, 1997 the following exemptions apply in Newfoundland:

• food required by debtor and dependents during the next 12 months;
• medical and dental aids required by debtor and dependents;
• domesticated animals which are kept as pets and not used for business purpose;
• fuel or heating as a necessity for the debtor and his or her dependents;
• clothing of the debtor and his or her dependents, of a value totalling $4,000;
• appliances and household furnishings (which are defined as: washing machine, clothes dryer, "reasonably necessary" bedroom suites and bedding, oven and stove top burners, "necessary" dishes and kitchen utensils, and "necessary" strollers, cribs and highchairs), of a value totalling $4,000;
• motor vehicle of the debtor, value totalling $2,000;
• items of a sentimental value to the debtor, a value totalling $500;
• the debor's equity in his or her principal residence, $10,000;
• personal property used by and necessary for debtor to earn income from occupation, trade, business or calling , $10,000.

Nova Scotia

Property Exempt from Seizure

• Necessary wearing apparel, household furnishings and furniture.
• Necessary fuel and food.
• Necessary grain, seeds, cattle, hogs, fowl, sheep and other livestock.
• Necessary medical and health aids.
• Farm equipment, fishing nets, tools and implements used in debtor's chief occupation, not exceeding $1,000.
• Motor vehicle not exceeding $3,000.

Ontario

Property exempt from seizure

• Necessary and ordinary wearing apparel of the debtor and his family not exceeding $1,000 in value.
• The Household furniture, utensils, equipment, food and fuel that are contained in and form a part of the permanent home of the debtor not exceeding $2,000 in value.
• Necessary tools, equipment, vehicle and books to value of $2,000 used in the practice of the debtor's trade or profession.
• In the case of a person engaged solely in the tillage of the soil or farming, the live stock, fowl, bees, books, tools and implements and other chattels ordinarily used by the debtor in his business, profession or calling not exceeding $5,000 in value.
• In the case of a person engaged solely in the tillage of the soil or farming, sufficient seed to seed all his land under cultivation, not exceeding 100 acres, as selected by the debtor, and fourteen bushels of potatoes, and, where seizure is made between the 1st day of October and the 30th day of April, such food and bedding as are necessary to feed and bed the live stock and fowl that are exempt under this section until the 30th day of April next following.

Quebec

 Property exempt from seizure

• The movable property which furnishes his main residence, used by and necessary for the life of the household, up to a market value of $6,000 established by the seizing officer ;
• The food, fuel, linens and clothing necessary for the life of the household ;
• The instruments of work needed for the personnel exercise of his professional activity ;
• Family papers and portraits, medals and other decorations ;
• Property declared by a donor or a testament to be exempt from seizure except in certain cases ;
• Judicially awarded support and sums given or bequeathed as support ;
• Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans ;
• Periodic disability benefits and expense reimbursements under a contract of accident and sickness insurance ;
• Property of a person that he requires to compensate for a handicap ;
• A certain portion of salaries and wages based on the number of dependents.

  Note: For information only. Readers are urged to discuss their personal situation with a Trustee in Bankruptcy before taking action.
 

Saskatchewan

 Property Exempt from Seizure

 For Non-Farmers

• Household furniture and personal effects to a value of $4,500 per person.
• Tools of the trade to a value of $4,500
• A motor vehicle, if required for employment
• $32,000 equity in your home ($64,000 if jointly owned).
• Certain life insurance policies
• Certain pensions.

• Furniture, furnishings and appliances to a value of $10,000
• The cash equivalent of produce sufficient to provide food and fuel for heating until the next harvest.
• All livestock, farm machinery and equipment, including one car or truck, necessary for the next twelve months' operations.
• One motor vehicle, if required for business or profession, but not in addition to the one above.
• Tools and equipment to a value of $4,500 used by a farmer in his trade or profession.
• Equity in personal residence to a value of $32,000 ($64,000 if jointly owned).
• Seed grain equal to two bushels per acre of land under cultivation.
• Cash equivalent of crop equal to:
• unpaid harvesting costs
• living expenses to next harvest
• necessary costs of farming until next harvest.
• The homestead.
• Certain life insurance policies.
• Certain pensions

Note to users: This information is of a general nature. Although we endeavor to ensure its accuracy and timeliness, no one should act upon it without appropriate professional advice after a thorough examination of the facts of the particular situation.

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