Alberta Statute — RSA 2000 cA-31

RSA 2000 cA-31

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter A-31 Current as of December 11, 2013 ALBERTA PERSONAL PROPERTY BILL OF RIGHTS

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Alberta Personal Property Bill of Rights that are filed as Alberta Regulations under the Regulations Act. Alta. Reg.

Amendments Alberta Personal Property Bill of Rights Exemption ...................................................... 125/99 ............. 213/99, 238/99, 251/2001, 27/2002, SA 2002 c11 s2(21), 354/2003, 377/2003, 193/2004, 105/2005, 112/2006, 253/2006, 68/2008, 242/2008, 33/2009, 187/2011, 31/2012, 62/2013, 188/2014, 19/2017, 13/2018, 148/2019, 14/2020, 158/2025, 199/2025

1 ALBERTA PERSONAL PROPERTY BILL OF RIGHTS

Chapter A-31 Table of Contents 1

Definitions 2 Restriction on legislation affecting personal property 3 Exceptions 4 Construction of law 5 Regulations 6 Crown bound HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “owner” means a person who has legal ownership of personal property; (b) “personal property” means only tangible personal property that is capable of being physically touched, seen or moved or that can be physically possessed and does not include (

i) intangible personal property, (ii) an incorporeal right, or (iii) any interest in land; (c) “provincial enactment” mean s

an Act of the Legislature of Alberta or any regulation or order made under

an Act of the Legislature of Alberta; (d) “title” means legal title. 1998 cA-35.05 s1

RSA 2000

Section 2

Chapter A-31 ALBERTA PERSONAL PROPERTY BILL OF RIGHTS 2 Restriction on legislation affecting personal property 2 Subject to

section 3, where (

a) personal property is owned by a person other than the Crown, and (

b) a provincial enactment contains provisions that authorize the acquiring of permanent title to that personal property by the Crown, those provisions are of no force or effect unless a process is in place for the determination and payment of compensation for the acquiring of that title. 1998 cA-35.05 s2 Exceptions 3

Section 2 does not apply in respect of the following: (

a) any taxes, levies or royaltie s that are payable to the Crown under a provincial enactment; (

b) where personal property is acquired or retained by the Crown following a conviction for contravention of a provincial enactment, if (

i) the acquiring of that perso nal property is in whole or in part the penalty or an addition to a penalty provided for under that enactment, (ii) the possession o f that personal property by its owner constitutes the contravention of that enactment, or (iii) the acquiring of that perso nal property was by reason of the forfeiture of that property to the Crown on account of the conviction; (

c) where the title to personal property is acquired under or pursuant to (

i) any proceedings taken und er a provincial enactment respecting the payment of taxes, levies, royalties, fines or penalties; (ii) the Civil Enforcement Act; (iii) the Personal Property Security Act; (iii.1) the International Interests in Mobile Aircraft Equipment Act;

RSA 2000

Section 4

Chapter A-31 ALBERTA PERSONAL PROPERTY BILL OF RIGHTS 3 (iv) any regulation made under the Civil Enforcement Act, the Personal Property Security Act or the International Interests in Mobile Aircraft Equipment Act; (

v) any distress, receivership, trusteeship or similar proceedings; (vi) any liens; (vii) any agreement or arrangement between the owner of the personal property and the Crown; (

d) any matter, provincial enactment or provision of a provincial enactment exempted from the application of

section 2 by a regulation made under

section 5. RSA 2000 cA-31 s3;2013 c23 s1 Construction of law 4 Subject to

section 3, every provincial enactment, whether enacted before or after the coming into force of this Act, shall be construed and applied so as not to abrogate, abridge or infringe on, and so as not to authorize the abrogation or abridgment of or infringement on, any of the rights or benefits provided for under this Act unless

an Act of the Legislature expressly declares that that enactment operates notwithstanding the Alberta Personal Property Bill of Rights. 1998 cA-35.05 s4 Regulations 5 The Lieutenant Governor in Council may make regulations exempting any matter, provincial enactment or provision of a provincial enactment from the application of

section 2. 1998 cA-35.05 s5 Crown bound 6 This Act binds the Crown. 1998 cA-35.05 s6

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Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cA-31
Type	statute
Volume / chapter	A31
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4882b3c299c20952f5fc43c8bee06aeed91350d2

Source file is stored in the law ingest library (pdf).