P-2.2 - Act to facilitate the payment of support

Article 51.1 Versions de la disposition

2024-12-04

51.1. Where a person owing an amount under this Act transfers property, directly or indirectly, by means of a trust or by any means whatever to a person with whom the person is not dealing at arm’s length within the meaning of the Taxation Act (chapter I-3), a person under 18 years of age, the person’s spouse or a person who, after the transfer, becomes the person’s spouse, the transferee becomes solidarily liable with the transferor to pay an amount equal to the lesser of the following amounts

1°  the amount by which the fair market value of the property at the time of the transfer exceeds the fair market value at that time of the consideration given for the property; and

2°  the aggregate of the amounts owed by the transferor under this Act that are payable at the time of the transfer or are to become payable within one year following the transfer.

If the transferred property is a share in undivided property, the fair market value of the share in that undivided property at the time of the transfer is deemed to be equal to the proportion of the fair market value of the undivided property at that time that the share is of the aggregate of the shares in that undivided property.

The Minister may, within four years after the day on which the Minister becomes aware of the transfer of property, send the transferee a demand for payment under section 46 in relation to the amount payable under the first paragraph.

2001, c. 55, s. 11; 2011, c. 6, s. 226; I.N. 2019-10-01; 2024, c. 39, s. 101.

2019-10-01

51.1. Where a person owing an amount under this Act transfers property, directly or indirectly, by means of a trust or by any means whatever to a person with whom the person is not dealing at arm’s length within the meaning of the Taxation Act (chapter I-3), a person under 18 years of age, the person’s spouse or a person who, after the transfer, becomes the person’s spouse, the transferee becomes solidarily liable with the transferor to pay an amount equal to the lesser of the following amounts

1°  the amount by which the fair market value of the property at the time of the transfer exceeds the fair market value at that time of the consideration given for the property; and

2°  the aggregate of the amounts owed by the transferor under this Act that are payable at the time of the transfer or are to become payable within one year following the transfer.

If the transferred property is a share in undivided property, the fair market value of the share in that undivided property at the time of the transfer is deemed to be equal to the proportion of the fair market value of the undivided property at that time that the share is of the aggregate of the shares in that undivided property.

2001, c. 55, s. 11; 2011, c. 6, s. 226; I.N. 2019-10-01.

2011-06-06

51.1. Where a person owing an amount under this Act transfers property, directly or indirectly, by means of a trust or by any means whatever to a person with whom the person is not dealing at arm’s length within the meaning of the Taxation Act (chapter I-3), a person under 18 years of age, the person’s spouse or a person who, after the transfer, becomes the person’s spouse, the transferee becomes solidarily liable with the transferor to pay an amount equal to the lesser of the following amounts

a)  the amount by which the fair market value of the property at the time of the transfer exceeds the fair market value at that time of the consideration given for the property; and

b)  the aggregate of the amounts owed by the transferor under this Act that are payable at the time of the transfer or are to become payable within one year following the transfer.

If the transferred property is a share in undivided property, the fair market value of the share in that undivided property at the time of the transfer is deemed to be equal to the proportion of the fair market value of the undivided property at that time that the share is of the aggregate of the shares in that undivided property.

2001, c. 55, s. 11; 2011, c. 6, s. 226.

2001-12-20

51.1. Where a person owing an amount under this Act transfers property, directly or indirectly, by means of a trust or by any means whatever to a person with whom the person is not dealing at arm’s length within the meaning of the Taxation Act (chapter I-3), a person under 18 years of age, the person’s spouse or a person who, after the transfer, becomes the person’s spouse, the transferee becomes solidarily liable with the transferor to pay an amount equal to the lesser of the following amounts

a)  the amount by which the fair market value of the property at the time of the transfer exceeds the fair market value at that time of the consideration given for the property; and

b)  the aggregate of the amounts owed by the transferor under this Act that are payable at the time of the transfer or are to become payable within one year following the transfer.

2001, c. 55, s. 11.