Section 13 of Bill 45, the Economic Incentive and Stabilization Statutes Amendment Act, 2008, amends the Court Order Enforcement Act by adding section 71(3), which sets out the new exemptions.
There are some circumstances in which the funds will not be exempt. Specifically, the exemption does not apply to:
(a) to property contributed to a registered plan after or within 12 months before the date on which the debt being enforced came due,But, a transfer of funds by a planholder from one plan to another, or on the death of the planholder to his or her spouse or common law spouse under the terms of the plan, will remain exempt.
(b) to property that has been or is being paid out of a registered plan,
(c) to an enforcement process that is being effected in support of the enforcement of a maintenance order as defined in the Family Maintenance Enforcement Act, or
(d) to an enforcement process initiated against a registered plan before
November 1, 2008.