Alberta Gazette — documents gazette 1995 pdf 1130 ii.pdf

documents gazette 1995 pdf 1130 ii.pdf

Alberta — Gazette

Alberta Regulation 264/95

Municipal Government Act

BUSINESS REVITALIZATION ZONE AMENDMENT REGULATION

Filed: November 6, 1995

Made by the Minister of Municipal Affairs (M.O. L: 416/95) pursuant to

section 53 of the Municipal Government Act.

1 The Business Revitalization Zone Regulation (Alta. Reg. 377/94) is

amended by this Regulation.

Section 4(3) is repealed and the following is substituted:

(3) If the chief administrative officer declares a petition to be

sufficient, council may not pass a bylaw establishing a business

revitalization zone set out in the request until 2 years have passed from

the day the petition was declared to be sufficient.

Section 7 is repealed and the following is substituted:

Amendments to BRZ bylaw

7 Sections 3 and 4 do not apply to an amendment of a business

revitalization zone bylaw or when a business revitalization zone is

disestablished.

Change in boundaries

7.1(1) A council may not pass a proposed bylaw to amend a business

revitalization zone bylaw that changes the boundaries of the zone unless,

before the proposed bylaw receives second reading,

(

a) the zone's board consents to the change in

boundaries, and

(

b) taxpayers in the zone and people who would be

taxpayers under the change in boundaries are provided with an opportunity

to make representations concerning the change to council.

(2) Before the proposed bylaw receives second reading, the

municipality must take reasonable steps to ensure that a notice that meets

the requirements of subsection (3) is mailed or delivered to every taxable

business in the zone and to every business that would be a taxable business

under the change in boundaries.

(3) The notice must set out

(

a) a

summary of the proposed bylaw, including a

description of the change in boundaries,

(

b) a statement that taxpayers in the zone and people

who would be taxpayers under the change in boundaries may make

representations concerning the proposed bylaw to council, and

(

c) the manner and time period for making those

representations.

Section 23 is amended

(

a) in subsection (1) by striking out "receiving a sufficient

petition referred to in

section 22" and substituting "the chief

administrative officer's declaring a petition referred to in

section 22 to

be sufficient";

(

b) in subsection (2) by striking out "council receives a

sufficient petition referred to in

section 22" and substituting "a petition

referred to in

section 22 is declared to be sufficient".

Section 26(1) is amended by striking out "establish" and substituting

"disestablish".

------------------------------

Alberta Regulation 265/95

Government Organization Act

AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION

Filed: November 8, 1995

Made by the Lieutenant Governor in Council (O.C. 698/95) pursuant to

Schedule 10,

section 2 of the Government Organization Act.

1 The Authorized Accredited Agencies Regulation (Alta. Reg. 184/95) is

amended by this Regulation.

2 The

Schedule is amended

(

a) by striking out item 40;

(

b) by adding the following after item 44:

45 AIM Project Services

712 Macleay Road NE, Calgary, Alberta T2E 6A1

Building

46 Alberta Boilers Safety Association

6th Floor, 10808 - 99 Avenue, Edmonton, Alberta

T5K 0G5

Boilers

47 Alberta Electrical Inspection Services Ltd.

10310 - 76 Avenue, Grande Prairie, Alberta

T8W 1Y6

Electrical

48 Alsafe Inspections Agency Ltd.

General Delivery

Kelsey, Alberta

T0B 2K0

Electrical, gas, plumbing and private sewage disposal

49 Chuck's Electrical Inspection Services Ltd.

Box 535

Alix, Alberta

T0C 0B0

Electrical

50 City of Lethbridge Fire Department & Investigations Agency

1010 - 4 Avenue S

Lethbridge, Alberta T1J 0P5

Fire

51 County of St. Paul No. 19 Inspection Services

5015 - 49 Avenue

St. Paul, Alberta

T0A 3A4

Building, electrical, gas, plumbing and private sewage disposal

52 Delta Catalytic Industrial Services Ltd.

8500 Macleod Trail South, Calgary, Alberta T2H 2N2

Electrical

53 Elspect Electrical Ltd.

586 West Chestermere Drive

Chestermere, Alberta

T1X 1B4

Electrical

54 Exclusive Building Inspection Agency

184 Tamarack Avenue, Hinton, Alberta T7V 1E2

Building

55 I.J.D. Electrical Inspection Services

4234 - 33 Street

Red Deer, Alberta

T4N 0N3

Electrical

56 Kenonic Inspection Services Ltd.

7175 - 12 Street SE

Calgary, Alberta

T2H 2S6

Electrical

57 Kokanee Consultants Ltd.

142, 7640 Elbow Dr.

SW, Calgary, Alberta

T2V 1K2

Electrical

58 L.P. Electrical Contracting and Consulting Services Ltd.

Box 1085

Pincher Creek, Alberta T0K 7W0

Electrical

59 Michael P. Hermansen

Box 285, Breton, Alberta T0C 0P0

Building

60 Montgomery Inspection Agencies

Box 2530, Lacombe, Alberta T0C 1S0

Gas, plumbing and private sewage disposal

61 Palliser Regional Municipal Services

P.O. Drawer 1900

Hanna, Alberta

T0J 1P0

Building, electrical, fire, gas, plumbing and private sewage disposal

62 Prairie Light & Power (Also O/A Alberta Permit Pro)

Site 10, Box 22, RR 5

Edmonton, Alberta

T5P 4B7

Electrical, gas, plumbing and private sewage disposal

63 Ramco Holdings Ltd.

Suite 350, Canada Place, 407 - 2nd Street SW,

Calgary, Alberta

T2P 2Y3

Electrical

64 Regent Electrical Ltd.

Box 7915

Bonnyville, Alberta

T9N 2J2

Electrical

65 SCO Services

26 McLevin Crescent

Red Deer, Alberta

T4R 1S9

Fire

66 Synergy Inspection Services

11008 - 162A Avenue

Edmonton, Alberta

T5X 2A1

Building

67 Ultima Inspection Agency Corporation

Box 6419, Station D

Calgary, Alberta

T2P 2E1

Electrical

68 UMA Inspection Services

514 Stafford Dr. N

Lethbridge, Alberta

T1J 3Z4

Building, electrical, gas, plumbing and private sewage disposal

Alberta Regulation 266/95

Government Organization Act

CULTURAL GRANTS AMENDMENT REGULATION

Filed: November 8, 1995

Made by the Lieutenant Governor in Council (O.C. 699/95) pursuant to

section 13(2) of the Government Organization Act.

1 The Cultural Grants Regulation (Alta. Reg. 105/84) is amended by this

Regulation.

Section 2 of

Part 3 of

Schedule 1 to Division 2 is amended by adding

the following after subsection (2):

(3) The Minister may make a grant to a municipal or community board

that receives financial assistance from a municipality

(

a) that was formerly an improvement district, and

(

b) that was established as a municipality after

January 1, 1994

of up to 1.4 times the financial assistance received in the previous

year.

(4) The total grant paid under subsection (3) is not to exceed $3.84

per resident of the municipality.

------------------------------

Alberta Regulation 267/95

Alberta Health Care Insurance Act

OPTOMETRIC BENEFITS REGULATION

Filed: November 15, 1995

Made by the Minister of Health (M.O. 209/95) pursuant to

section 7 of the

Alberta Health Care Insurance Act.

Table of Contents

Definitions 1

Services 2

Rates of benefits 3

Claims 4

One benefit payable per day 5

Repeal 6

Coming into force 7

List of optometric services

Definitions

1 In this Regulation, "Schedule of Optometric Benefits" means the

Schedule of Optometric Benefits prepared and published by the Department of

Health and approved by the Minister.

Services

2 Benefits are payable for the optometric services set out in the list of

services attached to this Regulation and are payable only on behalf of a

resident who is 65 years of age or older or who is 18 years of age or

younger.

Rates of benefits

3 The rates of benefits payable for optometric services and descriptions

of those services are set out in the

Schedule of Optometric Benefits.

Claims

4(1) A resident is entitled only once in each period of 12 consecutive

months beginning on July 1 of each year,

(

a) to the services referred to in clauses (

a) and (

b) of the list

of optometric services, and

(

b) to any other single diagnostic procedure set out in clauses (

c) to (l).

(2) A resident is entitled to the services more than once during the

particular period

(

a) if the resident has been referred to the optometrist by a

physician, or

(

b) if the Minister considers that it is appropriate to do so based

on the nature of the disease or condition of the resident.

One benefit payable per day

5 Unless the

Schedule of Optometric Benefits provides otherwise, a

benefit is payable on behalf of a resident for only one optometric service

per day.

Repeal

6 The Optometric Benefits Regulation (Alta. Reg. 214/92) is repealed.

Coming into force

7 This Regulation comes into force on November 15, 1995.

LIST OF OPTOMETRIC SERVICES

(

a) complete oculo-visual assessment including refraction and

writing of optical prescription for the fitting of corrective lenses;

(

b) partial vision examination (2 or more single diagnostic

procedures);

(

c) biomicroscopy;

(

d) ophthalmoscopy;

(

e) tear-chemistry evaluation;

(

f) anterior chamber depth measurement;

(

g) tonometry;

(

h) colour vision testing;

(

i) visual fields testing;

(

j) refraction;

(

k) examination for low vision aid;

(

l) computer assisted visual fields.

------------------------------

Alberta Regulation 268/95

Alberta Health Care Insurance Act

CHIROPRACTIC BENEFITS REGULATION

Filed: November 15, 1995

Made by the Minister of Health (M.O. 211/95) pursuant to

section 7 of the

Alberta Health Care Insurance Act.

Table of Contents

Definition 1

Classes of services 2

Rates of benefits 3

Maximum benefit 4

Repeal 5

Coming into force 6

List of Chiropractic Services

Definition

1 In this Regulation, "benefit period" means a period of 12 consecutive

months beginning on July 1 of each year.

Classes of services

2 Benefits are payable for the chiropractic services set out in the list

of services attached to this Regulation.

Rates of benefits

3 The rates of benefits payable for chiropractic services and

descriptions of those services are set out in the

Schedule of Chiropractic

Benefits prepared and published by the Department of Health and approved by

the Minister.

Maximum benefit

4 Benefits payable for each resident for chiropractic services are

limited

(

a) to one visit per day,

(

b) to one x-ray for each disability, and

(

c) to a maximum of $200 in each benefit period.

Repeal

5 The Chiropractic Benefits Regulation (Alta. Reg. 215/92) is repealed.

Coming into force

6 This Regulation comes into force on November 15, 1995.

LIST OF CHIROPRACTIC SERVICES

(

a) chiropractic adjustment and manipulation;

(

b) contrast baths;

(

c) diathermy;

(

d) electrotherapy;

(

e) exercise therapy rehabilitation;

(

f) hydrotherapy;

(

g) infrared therapy;

(

h) iontophoresis;

(

i) laser therapy;

(

j) massage - manual;

(

k) microcurrent;

(

l) orthotics;

(

m) superficial cold (cryotherapy);

(

n) superficial heat;

(

o) traction;

(

p) trigger point therapy;

(

q) ultrasound wave therapy;

(

r) ultraviolet wave therapy;

(

s) vapo-coolant therapy;

(

t) vibration therapy.

------------------------------

Alberta Regulation 269/95

Alberta Health Care Insurance Act

BASIC HEALTH SERVICE BENEFITS PAYABLE TO

DENTAL SURGEONS REPEAL REGULATION

Filed: November 15, 1995

Made by the Minister of Health (M.O. 213/95) pursuant to

section 7 of the

Alberta Health Care Insurance Act.

1 The Basic Health Service Benefits Payable to Dental Surgeons Regulation

(Alta. Reg. 325/87) is repealed.

------------------------------

Alberta Regulation 270/95

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: November 16, 1995

Made by the Alberta Egg Producers Board pursuant to

section 27 of the

Marketing of Agricultural Products Act.

1 The Egg Production and Marketing Regulation (Alta. Reg. 28/93) is

amended by this Regulation.

Section 33(1) is amended by striking out "17 cents" and substituting

"19 cents".

------------------------------

Alberta Regulation 271/95

Mines and Minerals Act

PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)

AMENDMENT REGULATION

Filed: November 17, 1995

Made by the Deputy Minister of Energy (M.O. 39/95) pursuant to

section 6 of

the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93).

1 The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.

36/95) is amended by this Regulation.

Section 4 is amended by adding the following after subsection (9):

(10) The following prices are prescribed for the September, 1995

production month:

Item Price

Gas Reference Price $ 1.20 per gigajoule

Gas Par Price $ 1.07 per gigajoule

Pentanes Reference Price $149.05 per cubic metre

Pentanes Par Price $140.05 per cubic metre

Propane Reference Price $ 93.64 per cubic metre

Butanes Reference Price $ 77.93 per cubic metre

Section 5 is amended by adding the following after subsection (9):

(10) The following allowances per cubic metre are prescribed for

the September, 1995 production month:

Item Price

Fractionation Allowance $8.50

Transportation Allowance Region Region Region Region

1 2 3 4

(

a) pentanes plus described in s6(7)(b)(

i) of the Natural Gas

Royalty Regulation, 1994 (Alta. Reg. 351/93)

$3.59 $5.53 $8.79 $6.06

(

b) propane and butanes described in s6(7)(b)(ii) of the Natural

Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$12.37 $6.52 $8.89 $-1.32

(

c) pentanes plus, propane and butanes described in s6(7)(b)(iii)

of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$7.16 $8.33 $ 8.51 $12.16

Storage Allowance for pentanes plus, propane and butanes

$0.00

------------------------------

Alberta Regulation 272/95

Gas Resources Preservation Act

APPROVAL OF SHORT-TERM PERMITS REGULATION

Filed: November 20, 1995

Made by the Minister of Energy (M.O. 30/95) pursuant to

section 6(4) of the

Gas Resources Preservation Act.

Ministerial approval

1 The Minister's approval under

section 6 of the Act is not required in

respect of an application for a permit or an amendment of a permit

authorizing the removal of gas, unless the gas is a mixture mainly of

ethane.

Alberta Regulation 273/95

Alberta Housing Act

LODGE ASSISTANCE PROGRAM AMENDMENT REGULATION

Filed: November 22, 1995

Made by the Minister of Municipal Affairsl (M.O. H:138/95) pursuant to

section 34 of the Alberta Housing Act.

1 The Lodge Assistance Program Regulation (Alta. Reg. 406/94) is amended

by this Regulation.

Section 3(4) is amended by striking out "beginning in January of the

year following the year in which the additional units were added and

occupied" and substituting "on and from the date they are occupied if the

management body has obtained the approval of the Minister prior to adding

the additional units".

------------------------------

Alberta Regulation 274/95

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 708/95) pursuant to

section 4 of the

Judgment Interest Act.

1 The Judgment Interest Regulation (Alta. Reg. 364/84) is amended by this

Regulation.

2 The following is added after

section 12:

13 The interest rate from January 1, 1996 to December 31, 1996 is

prescribed at 5.5% per year.

Alberta Regulation 275/95

Dairy Industry Act

DAIRY INDUSTRY AMENDMENT REGULATION

Filed: November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 712/95) pursuant to

section 58 of the Dairy Industry Act.

1 The Dairy Industry Regulation (Alta. Reg. 131/88) is amended by this

Regulation.

Section 47 is repealed and the following is substituted:

Infractions

47(1) For the purpose of determining the grade of a producer's milk,

an infraction shall be deemed to have occurred each time that a producer's

milk

(

a) fails to meet the standards in

section 46(3)(a),

(

b) or (c), or

(

b) fails to meet the somatic cell count standard in

section 46(3)(

d) during the current month, if the milk exceeded that

standard in each of the 2 preceding months and no infraction of that

standard was deemed to have occurred in either of the 2 preceding months.

(2) A licensed bulk milk grader or an inspector may lift samples for

the purposes of subsection (1).

Alberta Regulation 276/95

Civil Enforcement Act

CIVIL ENFORCEMENT REGULATION

Filed: November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 705/95) pursuant to

sections 106 and 109 of the Civil Enforcement Act.

Table of Contents

Definitions 1

Definitions re the Act 2

Forms 3

Part 1

Civil Enforcement Agencies,

Bailiffs and Receivers

Division 1

Business of Agencies and Bailiffs

Address for service 4

Information on documents, etc. 5

Fees 6

Reports 7

Carrying out seizures and evictions 8

Landlords' powers 9

Indemnification 10

Distribution re distress 11

Code of Conduct 12

Reports registered in Registry 13

Distribution of funds 14

Discharge of process 15

Records re civil enforcement proceedings 16

Financial records 17

Deposit, withdrawal and payment of money 18

Records to be maintained 19

Monthly report 20

Division 2

Appointment of Bailiffs

Definition 21

Application 22

Term of appointment, etc. 23

Renewal of appointment 24

Ongoing training 25

Suspension, etc. of appointment 26

Notification 27

Review of sheriff's decision 28

Appeal 29

Address to which material may be sent 30

When appointment is suspended 31

Division 3

Receivers

Receivers 32

Duties of receiver 33

Inspection of records 34

Distribution of proceeds 35

Part 2

Exemptions

Definitions 36

General exemptions 37

Distress 38

Employment earnings 39

Determination of employment earnings exemptions 40

Part 3

Reporting Obligations of Enforcement Creditors

Payments 41

Stays 42

Effect of non-registration 43

Distribution 44

Part 4

Sale of Land under Writ of Enforcement

Definitions 45

Notice of intention to sell 46

Notice of method of sale 47

Land not under the Land Titles Act 48

Part 5

Civil Enforcement Transitional Provisions

Definitions 49

Transitional period 50

Creditors responsibility re seized property 51

Notices re Seizures Act,

section 40 52

Assignment of bailee's undertaking 53

Debtor's responsibility re seized property 54

Disposition of seized property 55

Disposition of funds 56

Notices 57

Priority of writs 58

Personal Property Registry re prior writ 59

Sheriff re writs after transitional period 60

Liability 61

Part 6

Expiry, Repeal and Commencement

Expiry 62

Repeal 63

Commencement 64

Schedules

Definitions

1 In this Regulation,

(a) "Act" means the Civil Enforcement Act;

(b) "agency" means a civil enforcement agency;

(c) "bailiff" means a civil enforcement bailiff;

(d) "Registry" means the Personal Property Registry;

(e) "telecopier" means a machine or device that electronically

transmits a copy of a document, picture or other printed material by means

of a telecommunication system.

Definitions re the Act

2 For the purposes of the Act, "seizure documents" means

(

a) the warrant under which the seizure or distress is carried out,

(

b) the Notice of Seizure of Personal Property and Addendum, where

applicable,

(

c) the Notice of Objection where applicable, and

(

d) the Information for Debtor.

Forms

3(1) The forms set out in

Schedule 4 are to be used for the purposes of

carrying out seizures, evictions, sales and distributions under the Act.

(2) The undertaking referred to in

section 13(2)(

i) of the Act shall be in

the form set out in

Schedule 4.

PART 1

CIVIL ENFORCEMENT AGENCIES,

BAILIFFS AND RECEIVERS

Division 1

Business of Agencies and Bailiffs

Address for service

4 An agency must maintain

(

a) an address for service in Alberta, and

(

b) a telecopier telephone number of a receiving telecopier that is

located in Alberta by which documents may be served on the agency.

Information on documents, etc.

5 Where an agency provides a written document, letter or form, or similar

material, to any person, the agency must set out on that document, letter,

form or material the agency's

(

a) name, address, telephone number and telecopier number, and

(

b) address for service, if the agency's address for service is not

the same as the agency's address.

Fees

6(1) An agency

(

a) must provide to the sheriff a current tariff of fees setting

out the fees that the agency charges for carrying out a duty or function

under the Act,

(

b) is only eligible to charge a fee for carrying out a duty or

function if a fee for carrying out that duty or function is set out in the

agency's tariff of fees that is provided to the sheriff, and

(

c) shall not charge a fee for carrying out a duty or function

other than the fee set out in the agency's tariff of fees that is provided

to the sheriff.

(2) An agency may change its tariff of fees that the agency has provided

to the sheriff by providing the sheriff with an amended or new tariff of

fees.

(3) An agency's tariff of fees or an amendment to an agency's tariff of

fees is not effective until it is actually received by the sheriff.

Reports

7 Where a bailiff

(

a) has seized or removed property or attempted to seize or remove

property,

(

b) has carried out or attempted to carry out an eviction, or

(

c) has enforced or attempted to enforce an order of the Court,

the bailiff must complete a Bailiff's Report and Addendum, where

applicable, in the form set out in

Schedule 4 and provide to the

instructing creditor a copy of that report and the agency's statement of

account for the services rendered.

Carrying out seizures and evictions

8(1) Unless otherwise ordered by the Court, an agency shall not carry out

or attempt to carry out a seizure or eviction at a residence between the

hours of 10 p.m. and the following 6 a.m.

(2) On effecting a seizure in respect of writ proceedings or landlord

distress proceedings, a bailiff must provide to the person whose property

was seized an Information for Debtor form as set out in

Schedule 4.

(3) A seizure of property shall not be conducted under

section 54(b)(

i) of

the Act unless

(

a) a bailiff has attempted to effect the seizure under

section 45

of the Act and has failed to do so

(

i) because the property to be seized is not reasonably

accessible due to weather conditions or the location of the property, or

(ii) because of concerns respecting the safety of the

property or of the bailiff,

(

b) an agency has reasonable grounds for believing that

(

i) an attempt to seize the property under

section 45

of the Act would likely be unsuccessful due to a reason referred to in

clause (a), or

(ii) seizing the property under

section 54(b)(

i) of the

Act rather than

section 45 of the Act would likely result in a substantial

saving in the overall cost of the seizure proceedings.

(4) Where a seizure is conducted under

section 54(b)(

i) of the Act, the

agency must attach to the seizure documents served under

section 54(b)(ii)

of the Act a statement

(

a) stating that the seizure was not effected under

section 45 of

the Act, and

(

b) setting out the reasons or circumstances referred to in

subsection (3) as to why the seizure was not effected under

section 45 of

the Act.

Landlord's powers

9 Nothing in the Act shall be construed so as to restrict a landlord from

(

a) re-entering and taking physical possession of leased premises,

(

b) taking steps to deny access to leased premises,

pursuant to a lease where the exercise of those powers does not involve the

physical removal of the tenant.

Indemnifi-cation

10(1) In this section, "agency" includes a bailiff and any other person

acting on behalf of an agency.

(2) Any agreement or arrangement entered into between an agency and a

creditor in respect of

(

a) a seizure of property,

(

b) the removal, handling, storage or release of seized property,

(

c) evictions,

(

d) distress proceedings,

(

e) distribution of proceeds, or

(

f) any other duty or function that an agency may carry out under

the Act

must not purport to exclude or restrict the agency's liability for or

indemnify an agency against the negligence or wilful misconduct by the

agency.

(3) If an agreement or arrangement entered into between an agency and a

creditor in respect of any matter referred to in subsection (2)(

a) to (

f) contains any provision that

(

a) purports to exclude or restrict or has the effect of excluding

or restricting the agency's liability for, or

(

b) purports to indemnify or has the effect of indemnifying an

agency against liability for

negligence or willful misconduct by the agency, that provision is void.

Distribution re distress

11(1) Proceeds arising from landlord distress proceedings shall be

distributed in the following manner:

(

a) first, to the fees and expenses earned or incurred by a

distributing authority in connection with the distress;

(

b) second, to the costs incurred by the landlord in connection

with the carrying out of the distress, and any other costs that the Court

has directed to be paid out of the proceeds;

(

c) third, to the landlord's claim;

(

d) fourth, subject to

section 96(2) of the Act, to the person

against whom the distress was carried out.

(2) Nothing in this

section shall be construed so as to prejudice any

right to money that is based on an interest, including a security interest

or an encumbrance,

(

a) in the money, or

(

b) in the property from which the money is derived,

where that interest has priority over the right to realize on the property

seized under the distress proceedings.

Code of Conduct

12 In carrying out their duties and functions,

(

a) agencies must comply with the Code of Conduct for Civil

Enforcement Agencies set out in

Schedule 1, and

(

b) bailiffs must comply with the Code of Conduct for Civil

Enforcement Bailiffs set out in

Schedule 2.

Reports registered in Registry

13 An agency must,

(

a) within 3 days from the day of conducting a seizure, register in

the Registry a report in a form acceptable to the sheriff setting out the

details of the seizure;

(

b) within 10 days from the day of disposing of personal property

that has been seized, amend, in a form acceptable to the sheriff, the

registration referred to in clause (

a) setting out the details of the

disposition of the property;

(

c) within 3 days from the day of conducting a distribution of

funds, amend, in a form acceptable to the sheriff, the registration

referred to in clause (

a) setting out the details of the distribution of

the funds.

Distribution of funds

14(1) Within 30 days from the day that money becomes a distributable fund,

the agency must serve, in any manner permitted under Rule 353 or 354 of the

Alberta Rules of Court, a proposed distribution under

Part 11 of the Act.

(2) If

(

a) there are no objections to a proposed distribution referred to

in subsection (1), or

(

b) there were objections to a proposed distribution referred to in

subsection (1) but the objections were abandoned or were withdrawn or

deemed to be withdrawn,

the agency must make the distribution forthwith.

(3) Within 30 days from the day of acquiring the proceeds that arise from

distress proceedings, the distributing authority must distribute the

proceeds.

Discharge of process

15 Where an agency has carried out a distribution, the agency must,

within one year from the day of completing the distribution, register in

the Registry a discharge of all of the reports registered in the Registry

under

section 13.

Records re civil enforcement proceedings

16 An agency must maintain an accurate and complete record that is

satisfactory to the sheriff of all matters in respect of civil enforcement

proceedings in which the agency was involved.

Financial records

17 An agency must maintain financial records satisfactory to the sheriff.

Deposit, withdrawal and payment of money

18(1) Where an agency receives money in respect of civil enforcement

proceedings, the agency must within 3 days from the day of receiving that

money deposit that money in a trust account maintained in a bank, treasury

branch, loan corporation, trust corporation or credit union at an office

that is located in Alberta.

(2) An agency shall not withdraw money from a trust account except for the

following purposes:

(

a) a distribution made pursuant to the Act;

(

b) the payment to the agency of fees and disbursements to which

the agency is entitled;

(

c) the correction of an error caused by money being deposited in

the trust account by mistake;

(

d) the return of all or part of a deposit provided by an

instructing creditor;

(

e) any other payment that is required under law.

Records to be maintained

19(1) For a period of time prescribed or otherwise approved by the sheriff

an agency must maintain at a location approved by the sheriff all of the

agency's files, records, documents and other things created or received

while engaged in the business of an agency.

(2) An agency must during normal business hours of the agency provide

public access to all of the files, records, books, papers, documents and

other things referred to in subsection (1), unless otherwise directed by

the sheriff.

Monthly report

20 An agency must, within the time prescribed by the sheriff, provide to

the sheriff monthly reports that are satisfactory to the sheriff.

Division 2

Appointment of Bailiffs

Definition

21 In this Division, "appeal panel" means the persons designated by the

Minister to conduct an appeal under this Division.

Application

22(1) An application for appointment as a bailiff must be made in a form

acceptable to the sheriff and be accompanied by

(

a) a fee of $100, and

(

b) an affidavit of the applicant in the form set out in

Schedule

(2) The sheriff may

(

a) with respect to a person who has applied for appointment as a

bailiff, make whatever inquiry and investigation that the sheriff considers

appropriate, and

(

b) make or refuse to make the appointment when in the opinion of

the sheriff that action is in the public interest.

(3) A person shall not be appointed as a bailiff unless that person has

(

a) to the satisfaction of the sheriff, completed a course and

passed an examination approved by the sheriff, and

(

b) entered into any agreement, undertaking or other arrangement as

may be required by the sheriff.

Term of appointment, etc.

23(1) The appointment of a bailiff expires 2 years from the day that the

appointment comes into effect, unless cancelled sooner.

(2) The appointment of a bailiff is not in effect during the time that the

bailiff is not employed by or otherwise providing services for an agency.

Renewal of appointment

24(1) An appointment of a bailiff may be renewed for further periods of 2

years each.

(2) An application for a renewal of a bailiff's appointment must be

(

a) forwarded to the sheriff in a form acceptable to the sheriff,

and

(

b) accompanied by a fee of $100.

Ongoing training

25 As a condition of a person maintaining that person's appointment as a

bailiff, the sheriff may from time to time require that person to take

ongoing training as may be prescribed by the sheriff.

Suspension, etc. of appointment

26 At the discretion of the sheriff, the sheriff may suspend or cancel an

appointment of a bailiff if the bailiff

(

a) is convicted of an indictable offence or an offence punishable

by imprisonment for 2 or more years;

(

b) is convicted of a contravention of the Act or an offence under

any law concerning fraud, breach of trust or intentional bodily injury;

(

c) fails in the opinion of the sheriff to comply with any

provision of the Code of Conduct for Civil Enforcement Bailiffs;

(

d) fails to pay a judgment for damages sustained by reason of an

act or omission arising from the duties, functions or responsibilities of

the bailiff;

(

e) has made an untrue statement in the application for appointment

as a bailiff;

(

f) fails to comply with a written direction of the sheriff;

(

g) is not in the opinion of the sheriff a fit and proper person to

hold an appointment as a bailiff;

(

h) fails to take ongoing training as required by the sheriff.

Notification

27 When the sheriff

(

a) refuses to issue or renew a person's appointment as a bailiff,

(

b) has cancelled or suspended or proposes to cancel or suspend a

person's existing appointment as a bailiff,

the sheriff must inform that person by registered mail of the sheriff's

decision.

Review of sheriff's decision

28(1) On receiving the sheriff's decision, the person in respect of whom

the decision was made may submit in writing a request to the sheriff that

the decision be reviewed by the sheriff.

(2) Where a person requests a review under subsection (1), that person may

in respect of that review make any submissions or submit any material that

the person considers relevant to the matter being reviewed.

(3) When requested to conduct a review of a decision, the sheriff must,

within 30 days from the day that the request for a review was received by

the sheriff,

(

a) consider any additional information and material provided,

(

b) review the reasons on which the original decision was based,

and

(

c) by registered mail inform the person who requested the review

of the sheriff's decision on the review.

Appeal

29(1) When the sheriff has conducted a review under

section 28 and given a

decision on the review, the person who requested the review may appeal that

decision to an appeal panel by serving a notice of appeal on the sheriff

not later than 15 days from the day that the notice of the sheriff's

decision was given.

(2) The notice of appeal must set out the grounds on which the appeal is

based.

(3) Within 30 days from the day that the sheriff was served with a notice

of appeal, the Minister must appoint an appeal panel to hear the appeal.

(4) The appeal panel may

(

a) confirm, reverse or vary the decision of the sheriff, and

(

b) make any decision with respect to the subject-matter of the

appeal that the sheriff was entitled to make in the first instance.

(5) The appeal panel must inform the appellant by registered mail of the

decision of the appeal panel.

Address to which material may be sent

30 Where a decision or other material is to be sent to a person by the

sheriff or an appeal panel, that decision or other material may be sent to

that person at that person's latest address known to the sheriff or the

appeal panel.

When appointment is suspended

31(1) If a person's appointment as a bailiff is suspended or cancelled or

the person ceases to be employed as a bailiff by or under contract to any

agency, that person

(

a) must return to the sheriff the bailiff's identification card

and badge issued to that person, and

(

b) shall not carry out any of the duties or functions of a

bailiff.

(2) When an appointment has been cancelled, it cannot be reactivated

except through a new application and the payment of the required fee.

Division 3

Receivers

Receivers

32 Only the following persons are eligible to be appointed as receivers

under the Act:

(

a) a licensed trustee in bankruptcy;

(

b) a person, other than a licensed trustee in bankruptcy, who

(

i) to the satisfaction of the Court, is qualified to

carry out the functions and duties of a receiver in the circumstances for

which the receiver is being appointed, and

(ii) provides such security as may be required by the

Court.

Duties of receiver

33(1) Unless otherwise ordered by the Court, a receiver must do the

following:

(

a) take custody and control of the property that is subject to the

receivership;

(

b) hold in a trust account all money coming under the receiver's

control through the receivership;

(

c) keep detailed records, in accordance with accepted accounting

practices, of all receipts, expenditures and transactions involving the

property that is subject to the receivership;

(

d) at least once in every 180-day period after the receiver's

appointment, file with the clerk of the Court financial statements of the

receiver's administration;

(

e) on completion of the receiver's duties, file with the clerk of

the Court a final account of the receiver's administration.

(2) Where a receiver has filed a financial statement or a final account,

as the case may be, with the clerk of the Court under subsection (1)(

d) or

(e), the receiver must, within 15 days from the day of that filing,

register in the Registry a notice that the financial statement or the final

account, as the case may be, has been filed with the clerk of the Court.

Inspection of records

34(1) An enforcement debtor, an enforcement creditor or an agency may, by

a request in writing served on a receiver, require the receiver to make the

following documents and material available for inspection during normal

business hours at the place of business in Alberta of the receiver:

(

a) the records referred to in

section 33(1)(c);

(

b) the financial statements referred to in

section 33(1)(d);

(

c) the final account referred to in

section 33(1)(e).

(2) Unless otherwise ordered by the Court, a receiver must comply with a

request made under subsection (1) within 15 days from the day of being

served with the request.

Distribution of proceeds

35 Where a receiver liquidates property that is subject to the

receivership, the receiver shall, unless otherwise ordered by the Court,

distribute the proceeds from the property in the same manner as if the

receiver were a distributing authority under

Part 11 of the Act.

PART 2

EXEMPTIONS

Definitions

36 For the purposes of

Part 12 of the Act and this Part,

(a) "dependant" means one or more of the following:

(

i) any person for whom an enforcement debtor is

entitled to claim a spousal amount for the purposes of the Income Tax Act;

(ii) any child of an enforcement debtor who is under the

age of 18 years and lives with the debtor;

(iii) any relative of an enforcement debtor or of the

enforcement debtor's spouse who, by reason of mental or physical infirmity,

is financially dependent on the enforcement debtor;

(iv) any other person who the Court determines is

financially dependent on the enforcement debtor;

(b) "relative" means

(

i) a spouse;

(ii) a parent or grandparent;

(iii) a child;

(iv) a brother or sister;

(

v) a brother-in-law, sister-in-law, father-in-law or

mother-in-law;

(vi) an aunt or uncle;

(vii) a first or second cousin;

(c) "spouse" includes a spousal equivalent.

General exemptions

37(1) The following are the maximum amounts allowed for exempt property

under

section 88 of the Act:

(

a) the maximum exemption for clothing referred to in

section 88(

b) of the Act is $4000;

(

b) the maximum exemption for household furnishings and appliances

referred to in

section 88(

c) of the Act is $4000;

(

c) the maximum exemption for the motor vehicle referred to in

section 88(

d) of the Act is $5000;

(

d) the maximum exemption for personal property referred to in

section 88(

h) of the Act is $10 000;

(

e) the maximum exemption for the debtor's equity in a principal

residence referred to in

section 88(

g) of the Act is $40 000.

(2) In addition to the property referred to in

section 88 of the Act, the

following property is exempt from writ proceedings:

(

a) where an enforcement debtor sells

(

i) exempt property, or

(ii) property that is exempt up to a stated value,

the proceeds from that sale, or the proceeds from that sale up

to the stated value, as the case may be, are exempt for a period of 60 days

from the day of the sale if those proceeds are not intermingled with any

other funds of the enforcement debtor;

(

b) any payment made to an enforcement debtor that is

(

i) a social allowance paid under the Social

Development Act,

(ii) a handicap benefit paid under the Assured Income

for the Severely Handicapped Act, or

(iii) a widow's pension paid under the Widows' Pension

Act,

if the proceeds from the payment are not intermingled with any

other funds of the enforcement debtor;

(

c) any property that is exempt from writ proceedings under another

enactment in force in Alberta.

Distress

38(1) For the purposes of

Part 12 of the Act and this section, "household

furnishings and appliances" means

(

a) one washing machine and dryer,

(

b) one kitchen suite,

(

c) bedroom suites and bedding,

(

d) kitchen appliances, including one each of a stove, a microwave,

a refrigerator and a freezer,

(

e) kitchen utensils, and

(

f) carriages, strollers, cradles and cribs necessary for the use

of the debtor's children;

(2) Where a distress is carried out under

Part 12 of the Act, the

following are the maximum amounts allowed for exempt property under

section

88 of the Act:

(

a) the maximum exemption for clothing referred to in

section 88(

b) of the Act is $4000;

(

b) the maximum exemption for household furnishings and appliances

referred to in

section 88(

c) of the Act is $1000;

(

c) the maximum exemption for personal property referred to in

section 88(

h) of the Act is

(i) $10 000, in the case of a distress carried out in

respect of residential premises, and

(ii) $100, in the case of a distress carried out in

respect of premises other than residential premises.

Employment earnings

39(1) For the purposes of

section 77(1)(

h) of the Act, the following are

the deductions to be made from a person's total employment earnings in

order to determine that person's net pay:

(

a) income tax paid by that person;

(

b) Canada Pension Plan contributions paid by that person;

(

c) Unemployment Insurance contributions paid by that person.

(2) Unless otherwise ordered by the Court, for the purpose of determining

an enforcement debtor's minimum and maximum employment earnings exemption

under

section 81 of the Act,

(

a) the minimum exemption is $800 plus $200 per dependant, and

(

b) the maximum exemption is $2400 plus $200 per dependant.

(3) The Court, on application, may modify the minimum or maximum

employment earnings exemption to which an enforcement debtor is entitled.

(4) In considering an application under subsection (3), the Court should

take into consideration at least the following:

(

a) the family responsibilities of the enforcement debtor;

(

b) the personal circumstances of the enforcement debtor;

(

c) the conduct of the enforcement debtor in the carrying out of

the enforcement debtor's financial affairs;

(

d) the earnings of the enforcement debtor's spouse and dependants.

Determination of employment earnings exemptions

40(1) For the purposes of determining, with respect to a debtor's

employment earnings, the exemptions to which a debtor is entitled, a

garnishee may assume that the debtor does not have any dependants other

than those persons that the debtor has, in a written statement given to the

garnishee, identified as dependants of the debtor.

(2) Except as otherwise ordered by the Court, the garnishee, if acting in

good faith, is entitled to rely on the written statement given to the

garnishee by the debtor under subsection (1).

PART 3

REPORTING OBLIGATIONS OF ENFORCEMENT

CREDITORS

Payments

41 If an enforcement creditor

(

a) receives any money on account of the amount owing under a writ

of enforcement, or

(

b) receives anything by way of satisfaction, either wholly or in

part, of the amount owing under a writ of enforcement,

the enforcement creditor must, within 15 days from the day that the

enforcement creditor received that money or that satisfaction, register in

the Registry a status report to amend the amount owing under the writ of

enforcement.

Stays

42 If an enforcement creditor enters into an agreement that provides that

proceedings under a writ of enforcement are to be stayed or suspended, the

enforcement creditor must, within 15 days from the day of entering into

that agreement, register in the Registry a status report that discloses the

fact that the proceedings are stayed or suspended, as the case may be.

Effect of non- registration

43 Where an enforcement creditor fails to register in the Registry

(

a) a status report under

section 41 amending the amount owing

under the writ of enforcement, or

(

b) a status report under

section 42 that discloses the fact that

the proceedings under a writ of enforcement have been stayed or suspended,

as the case may be,

that failure does not affect the validity of the writ of enforcement.

Distribution

44 The requirement to register a status report in the Registry under

section 41 does not apply in the case where the enforcement creditor

receives money or satisfaction by way of a distribution made by a

distributing authority.

PART 4

SALE OF LAND UNDER WRIT OF ENFORCEMENT

Definitions

45 In this Part,

(a) "registered owner" means a person who is shown on a certificate

of title issued under the Land Titles Act as an owner, including a

co-owner, of a freehold or leasehold estate in land that is the subject of

sale proceedings under the Civil Enforcement Act;

(b) "responsible Minister" means, in respect of land that has not

been brought under the Land Titles Act, the member of the Executive Council

(

i) who has responsibility for the administration of

the land, or

(ii) whose consent to a disposition of the land by a

person with an interest in the land is required by an enactment;

(c) "standard information" means the following information:

(

i) the name of the enforcement debtor whose land is

the subject of sale proceedings;

(ii) the name and address for service, including the

telecopier number, of the agency that is carrying out the sale proceedings;

(iii) the name and address for service of the instructing

creditor;

(iv) the judicial district and action number in which

the instructing creditor's writ of enforcement was issued;

(

v) the legal description of the land that is the

subject of the sale proceedings;

(vi) the nature of the enforcement debtor's interest in

the land, insofar as it is known to the instructing creditor;

(d) "subordinate claimant" means, in respect of land that is the

subject of sale proceedings under the Act, a person who has or claims to

have an interest in the land that is subordinate to a writ of enforcement.

Notice of intention to sell

46 The notice of intention to sell land required by

section 70 of the Act

(

a) must contain

(

i) all of the standard information,

(ii) a statement that the agency has been instructed by

the instructing creditor to sell the enforcement debtor's interest in the

land described in the notice,

(iii) a statement that, unless the Court otherwise

orders, the agency cannot offer the land for sale until the expiration of a

180-day waiting period after the notice has been served on the persons who

are required to be served with the notice,

(iv) a statement that if the debtor's principal

residence is located on the land, the land may be exempt, in whole or in

part, from sale under writ proceedings, and

(

v) a statement that if the enforcement debtor claims

that the land is exempt in whole or in part from sale under writ

proceedings, the enforcement debtor must serve a written claim on the

agency before the expiration of the waiting period,

and

(

b) must be served on

(

i) the enforcement debtor,

(ii) every registered owner, and

(iii) every subordinate claimant whose claim is recorded

on the certificate of title for the land.

Notice of method of sale

47(1) The notice of the method of sale required by

section 74 of the Act

must contain

(

a) all of the standard information,

(

b) the proposed method of sale,

(

c) if the proposed method of sale is by listing with a real estate

agent,

(

i) the name, business address and telephone number of

the listing agent,

(ii) the price at which the land is to be listed,

(iii) whether the listing is to be exclusive or multiple,

(iv) the duration of the listing, and

(

v) the amount of, or method of calculating, the real

estate agent's commission,

(

d) if the proposed method of sale is by tender,

(

i) the method of publicizing the invitation for

tender, and

(ii) the terms of the invitation for tenders,

and

(

e) if the proposed method of sale is by auction,

(

i) the name of the auction agency,

(ii) the terms on which it is proposed to offer the land

for auction, and

(iii) the amount of or method of calculating the auction

agency's commission.

(2) The notice of the proposed method of sale required by

section 74 of

the Act must be served on

(

a) the enforcement debtor,

(

b) every registered owner, and

(

c) every subordinate claimant whose claim is recorded on the

certificate of title for the land.

Land not under the Land Titles Act

48(1) This

section applies only to the sale of an enforcement debtor's

interest in land that has not been brought under the Land Titles Act.

(2) Part 7 of the Act, except for

section 75 of the Act, and sections

46(

a) and 47(1) of this Regulation apply to the sale of an enforcement

debtor's interest in land that has not been brought under the Land Titles

Act.

(3) The notice of intended sale required by

section 70 of the Act and the

notice of the method of sale required by

section 74 of the Act must be

served on

(

a) the enforcement debtor,

(

b) any subordinate claimant of whom the agency has knowledge, and

(

c) the responsible Minister.

(4) An agency that is carrying out a sale under this

section must comply

with any direction as to the method or conditions of sale that is given to

the agency by the responsible Minister.

PART 5

CIVIL ENFORCEMENT TRANSITIONAL PROVISIONS

Definitions

49 In this Part,

(a) "debtor" means the person whose property is under seizure;

(b) "prior law" means the law in force immediately before January

1, 1996;

(c) "prior writ" means a writ of execution that existed immediately

prior to January 1, 1996

(

i) that is a writ of enforcement by virtue of

section

109 of the Act, and

(ii) to which the Act would have applied if the Act had

been in force when that writ was issued;

(d) "seized property" means any personal property that the sheriff

has under seizure;

(e) "seizing creditor" means a creditor on whose behalf the sheriff

has seized property;

(f) "subsisting creditor" means a creditor, other than the seizing

creditor, who has a claim

(

i) against seized property, and

(ii) that is known to the sheriff.

Transitional period

50(1) The transitional period commences on January 1, 1996.

(2) For the purposes of the definition of "transitional period" in

section

109(1)(

e) of the Act, "the expiry of 12 months from the day of the

commencement of that period" means a 12-month period that commences on

January 1, 1996 and expires on December 31, 1996.

Creditors responsibility re seized property

51(1) If after January 1, 1996 the sheriff has custody of seized property

or otherwise has property under seizure, the sheriff may by written notice

to the seizing creditor require that the seizing creditor take at least one

of the steps referred to in subsection (3) within 60 days from the day that

the sheriff gave the written notice to the seizing creditor.

(2) If, within the 60-day period referred to in subsection (1), the

seizing creditor does not take at least one of the steps referred to in

subsection (3), the sheriff may by written notice to each of the subsisting

creditors, require the subsisting creditors to take at least one of the

steps referred to in subsection (3) within 60 days from the day that the

sheriff gave the written notice to the subsisting creditors.

(3) For the purposes of subsections (1) and (2), the seizing creditor, in

the case of subsection (1), and the subsisting creditor, in the case of

subsection (2), must, on being given a notice by the sheriff, take at least

one of the following steps:

(

a) direct the sheriff to release the seized property from seizure;

(

b) give to the sheriff

(

i) written direction to transfer to a civil

enforcement agency named in the written direction the custody of the seized

property and the responsibility for the enforcement proceedings in respect

of that property, and

(ii) a written consent from that civil enforcement

agency stating that the civil enforcement agency accepts

(

A) the transfer of the custody of the

seized property,

(

B) the responsibility for the custody of

the seized property, and

(

C) the responsibility for the enforcement

proceedings in respect of the seized property;

(

c) obtain an order of the Court giving directions governing the

disposition of the seized property.

(4) Where a civil enforcement agency gives a written consent referred to

in subsection (3)(b)(ii) and takes custody of the seized property, the

sheriff is no longer responsible for that seized property or for the

enforcement proceedings in respect of that property.

(5) The Court shall not make an order under subsection (3)(

c) that has the

effect of requiring or otherwise directing the sheriff

(

a) to take or maintain custody of the seized property, or

(

b) to maintain or acquire the responsibility for the enforcement

proceedings in respect of the seized property.

(6) Notwithstanding anything in this section, where

(

a) the seizing creditor or subsisting creditor, as the case may

be, is The Workers' Compensation Board or a municipality, and

(

b) that creditor is in a position under subsection (1) or (2) to

take the step referred to in subsection (3)(b),

the sheriff may at the request of The Workers' Compensation Board or the

municipality transfer the seized property to The Workers' Compensation

Board or the municipality, as the case may be.

Notices re Seizures Act,

section 40

52(1) Where prior to January 1, 1996 the sheriff has, in respect of

property under seizure, given a notice under

section 40 of the Seizures

Act,

(

a) that property and that seizure may be dealt with, and

(

b) the Court may, subject to this section, make an order

pursuant to

section 40 of the Seizures Act as if

section 40 of the

Seizures Act had not been repealed.

(2) If the Court orders under

section 40 of the Seizures Act that a

seizure be continued, the seizure shall be dealt with in accordance with

the Civil Enforcement Act.

(3) Where an applicant for an order under

section 40 of the Seizures Act

is unable to provide the Court with a civil enforcement agency to carry on

the seizure, the Court may release the property from seizure or make such

other order as the Court considers appropriate.

(4) The Court shall not make an order under

section 40 of the Seizures Act

or subsection (3) of this

section that has the effect of requiring or

otherwise directing the sheriff

(

a) to take or maintain custody of the seized property, or

(

b) to maintain or acquire the responsibility for the enforcement

proceedings in respect of the seized property.

Assignment of bailee's undertaking

53(1) In this

section a reference to a civil enforcement agency taking

responsibility for the seizure of seized property refers to a civil

enforcement agency

(

a) taking custody of the seized property, or

(

b) taking the responsibility for the carrying out of the

enforcement proceedings in respect of the seized property.

(2) On a civil enforcement agency taking responsibility for the seizure of

seized property, any bailee's undertaking that was given to the sheriff in

respect of that seized property and that was in effect immediately prior to

the civil enforcement agency taking responsibility for the seizure of the

seized property is, by virtue of the civil enforcement agency taking

responsibility for the seizure of the seized property, assigned to the

civil enforcement agency.

(3) In order for a civil enforcement agency to act under a bailee's

undertaking that was assigned to the civil enforcement agency under

subsection (2), the civil enforcement agency must within 30 days from the

day of the bailee's undertaking being assigned to the civil enforcement

agency notify in writing the person who gave the bailee's undertaking of

the assignment.

Debtor's responsibility re seized property

54 If the sheriff has given notices under

section 51 to the creditors,

and

(

a) within the creditors' respective 60-day periods none of the

steps were taken by the creditors in accordance with the notices, or

(

b) all of the creditors who were given the notices direct the

sheriff to release the seized property from seizure,

the sheriff may by written notice to the debtor require the debtor to

(

c) take custody of the seized property, and

(

d) pay the handling and storage costs, if any, owing in respect of

the handling and storage of the seized property

within 60 days from the day that the sheriff gave the written notice to the

debtor.

Disposition of seized property

55(1) Where a debtor to whom a notice is given under

section 54

(

a) advises the sheriff that the debtor wishes to take custody of

the seized property, and

(

b) at the request of the sheriff, pays to the sheriff the amounts

owing in respect of the handling and storage of the seized property,

the sheriff shall

(

c) release the seized property from seizure, and

(

d) give to the debtor the custody of the seized property.

(2) Where a debtor to whom a notice is given under

section 54

(

a) advises the sheriff that the debtor does not wish to take

custody of the seized property,

(

b) does not, within the debtor's 60-day period referred to in

section 54, take custody of the seized property, or

(

c) fails to pay, at the request of the sheriff, the amounts owing

in respect of the handling and storage of the seized property,

the sheriff may

(

d) release the seized property from seizure, and

(

e) where the seized property is in the possession of the sheriff,

dispose of the property in any manner that the sheriff considers

appropriate in the circumstances.

(3) Nothing in this Regulation shall be construed so as to prohibit the

sheriff from disposing of seized property in a manner that does not produce

any proceeds.

Disposition of funds

56(1) If any proceeds are produced from the disposition of seized property

under

section 55(2), those funds must be dealt with in accordance with this

section.

(2) Where

(

a) all of the creditors to whom notices were given under

section

51 have directed the sheriff to release the seized property from seizure,

but

(

b) the debtor has not taken custody of the property in accordance

with a notice given under

section 54,

the sheriff must pay any funds received in respect of the disposition of

the property, less any charges owing in respect of the handling and storing

of that property, to the Provincial Treasurer to be paid into the General

Revenue Fund.

(3) Where

(

a) none of the creditors to whom notices were given under

section

51 took, within the creditors' respective 60-day periods, any of the steps

required to be taken under the notices, and

(

b) the debtor did not, within the debtor's respective 60-day

period, take custody of the seized property in accordance with a notice

given under

section 54,

the sheriff must pay any funds received in respect of the disposition of

the property, less any charges owing in respect of the handling and storing

of that property, into Court.

(4) Where any funds are paid into Court under subsection (3),

(

a) those funds must, for one year from the day that the funds were

paid into Court, be held in Court pending any application to the Court by

an interested party for payment out, and

(

b) if the funds or a portion of them remain in Court after the

conclusion of that year or, where at the conclusion of that year there is

an application pending in respect of those funds, after the final

determination of that application, those funds must be paid to the

Provincial Treasurer to be paid into the General Revenue Fund.

Notices

57(1) Any notice that may be given by the sheriff under sections 51 and 54

may be

(

a) served as provided for by Rule 353 of the Alberta Rules of

Court, or

(

b) sent by ordinary mail to the person to whom the notice is given

at that person's address last known to the sheriff.

(2) If a notice that is sent to a person under

section 51 or 54 is

returned to the sheriff as undeliverable, the sheriff may treat that person

as if a notice had been sent to and received by that person and that person

had not within the 60-day period that is applicable to that person taken

any of the steps referred to in

section 51 or 54, as the case may be.

(3) If the sheriff is unable, after using reasonable diligence in the

circumstances, to determine the address of a person to whom a notice is to

be given under

section 51 or 54,

(

a) that person is deemed not to be a creditor or debtor, as the

case may be, who is entitled to a notice under sections 51 to 56, and

(

b) that person's interest in the property may be disregarded for

the purposes of sections 51 to 56.

Priority of writs

58(1) Subject to

section 109(2) of the Act, the order of priorities

between a prior writ and the interest of a third party is determined by the

prior law if the interest of the third party arose before January 1, 1996.

(2) Other than in the situation referred to in subsection (1), the order

of priorities as between any writ, including a prior writ, and the interest

of a third party is governed in accordance with the Act.

Personal Property Registry re prior writ

59(1) For the purposes of

section 109 of the Act, a person may effect the

registration of a prior writ in the Personal Property Registry by

registering in the Personal Property Registry in respect of that prior writ

a Writ of Execution Transitional Registration Form and Addendum, where

applicable, set out in

Schedule 4.

(2) When a person files a writ transitional form in the Personal Property

Registry, that person must also direct the sheriff in writing to cancel the

filing of the writ with the sheriff.

Sheriff re writs after transitional period

60 Where a writ remains filed with the sheriff after the conclusion of

the transitional period, the sheriff shall cancel the filing of the writ

with the sheriff.

Liability

61 No liability attaches to the sheriff for any actions taken by the

sheriff under this Regulation.

PART 6

EXPIRY, REPEAL AND COMMENCEMENT

Expiry

62 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be re-passed

in its present or amended form following a review, this Regulation expires

on December 31, 2001.

Repeal

63 The following are repealed:

(

a) Fees Regulation (Alta. Reg. 219/93);

(

b) Forms Regulation (Alta. Reg. 472/81);

(

c) Forms Regulation (Alta. Reg. 491/81);

(

d) Seizures (Tariff of Fees) Regulation (Alta. Reg. 138/87).

Commence-ment

64(1) This Regulation comes into force on the day that the Civil

Enforcement Act comes into force.

(2) Notwithstanding subsection (1),

Part 5 comes into force on the day

that

section 109 of the Civil Enforcement Act comes into force.

SCHEDULE 1

CODE OF CONDUCT FOR

CIVIL ENFORCEMENT AGENCIES

1 In this Code of Conduct, a reference to a civil enforcement agency

includes a reference to the directors, officers and employees of a civil

enforcement agency.

2 A civil enforcement agency must

(

a) discharge the agency's responsibilities with integrity;

(

b) treat all persons fairly, courteously and with respect;

(

c) provide equal and impartial services to all persons for whom

the agency provides services;

(

d) comply with the provisions of

(

i) the Civil Enforcement Act,

(ii) the regulations under the Civil Enforcement Act,

and

(iii) any other law that governs the conduct of a civil

enforcement agency in the discharge of the agency's responsibilities;

(

e) make full disclosure to the client;

(

f) report all activities to the client;

(

g) provide the client with detailed and accurate accounts of fees

and disbursements;

(

h) report all unlawful activities to the sheriff.

3 A civil enforcement agency must not

(

a) conduct any seizure activities relating to a debt in which the

agency has a financial interest other than in the form of fees paid to the

agency pursuant to the tariff of fees provided to the sheriff;

(

b) disclose any information of a confidential nature that comes to

the knowledge of the agency except as required to perform the services of

an agency;

(

c) charge a fee other than the amount set out in the tariff of

fees provided to the sheriff;

(

d) carry on or have an interest in an auction sales business, as

defined in the Public Auctions Act, a dealer wholesale auction business, an

auction business that uses its facility for storing seized property or any

other business engaged in the sale of seized property;

(

e) carry on business as a private investigator or operate as a

collection agency or as a collector for a collection agency;

(

f) directly or indirectly, purchase any property that has been the

subject of a seizure by an agency unless the agency has the consent of the

debtor and all affected creditors to do so.

4 A civil enforcement agency must ensure that a civil enforcement bailiff

who is acting on behalf of that agency complies with the Code of Conduct

for Civil Enforcement Bailiffs.

5 A civil enforcement agency must notify every creditor for whom the

agency is acting of any potential conflict of interest that may arise

between that agency and that creditor.

SCHEDULE 2

CODE OF CONDUCT FOR

CIVIL ENFORCEMENT BAILIFFS

1 A civil enforcement bailiff must

(

a) discharge all of the bailiff's responsibilities with integrity;

(

b) treat all persons fairly, courteously and with respect;

(

c) provide equal and impartial services to all persons to whom the

bailiff provides services;

(

d) comply with the provisions of

(

i) the Civil Enforcement Act,

(ii) the regulations under the Civil Enforcement Act,

and

(iii) any other law that governs the conduct of civil

enforcement bailiffs in the discharge of their responsibilities;

(

e) when discharging the duties or functions of a civil enforcement

bailiff,

(

i) carry on the bailiff's person the badge and

identification card issued by the Alberta Department of Justice showing

that the bailiff is a civil enforcement bailiff, and

(ii) where requested to do so, produce for inspection

that badge and identification card.

2 A civil enforcement bailiff must not

(

a) carry on any collection agency business, private investigation

business or business engaged in the sale of seized property;

(

b) directly or indirectly, purchase any property that has been the

subject of a seizure by the bailiff unless the bailiff has the consent to

do so of the debtor and all affected creditors;

(

c) perform any services while under the influence of alcohol or

illicit drugs;

(

d) mislead or attempt to mislead anyone in the discharge of the

bailiff's responsibilities;

(

e) directly or indirectly, demand or receive any fee, reward or

gratuity for performing or not performing any services other than the fees

charged by the civil enforcement agency under whose authority the bailiff

is providing services;

(

f) except as authorized under the Act, use, or allow the use of,

the bailiff's position or title to advance or benefit the private interests

of the bailiff or of another person or organization or group of persons;

(

g) disclose any information of a confidential nature that comes to

the bailiff's knowledge except as required to perform the services of the

bailiff;

(

h) represent that the bailiff is a civil enforcement bailiff or

use the badge or identification card referred to in

section 1(e), except

when acting under the authority of a civil enforcement agency.

SCHEDULE 3

AFFIDAVIT

I, , of the of in the Province

of make oath and say:

1 That I have applied for an appointment as a bailiff under the

Civil Enforcement Act;

2 That I have not been convicted of any offence under a law in

force in Canada or outside Canada, excluding minor traffic offences, other

than the following:

3 That there are no proceedings against me pending under any law

in force in Canada or outside Canada, excluding minor traffic offences,

other than the following:

4 That I have never been refused an appointment as a bailiff,

except as follows:

5 That I have never used a name other than the name given in this

affidavit, except as follows:

SWORN BEFORE ME at the of )

, in the Province )

of Alberta, the day of , )

A.D. . ) (Applicant's signature)

A Commissioner for Oaths )

in and for the Province of Alberta )

Alberta Regulation 277/95

Court of Queen's Bench Act

Court of Appeal Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 706/95) pursuant to

section 18 of the

Court of Queen's Bench Act,

section 15 of the Court of Appeal Act and

sections 106 and 107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (Alta. Reg. 390/68) are amended by this

Regulation.

2 Rule 5 is amended

(

a) by renumbering it as Rule 5(1);

(

b) by repealing clause (

b) and substituting the following:

(b) "address for service" means

(

i) a residence or place of business within

30 kilometres of the office of the clerk where the action was commenced or

to which the action has been transferred, or

(ii) a telecopier at which a document may be

served in accordance with Rule 16.1;

(b.1) "case management judge" means any judge assigned to

the pre-trial management of any action;

(

c) by adding the following after clause (g):

(g.1) "double registered mail" means a form of registered

mail under which the sender is provided with a proof of mailing and, when

the mail is delivered to the addressee or another person on behalf of the

addressee, that addressee or other person must sign an acknowledgment of

receipt card or similar document that is to be returned to the sender by

the Canada Post Corporation;

(

d) by adding the following after clause (n):

(n.1) "registered mail" means a form of mail that is

provided by the Canada Post Corporation under which the addressee, or

another person on behalf of the addressee, on taking delivery of the mail

must sign an acknowledgment of receipt card or other document that is

(

i) to be kept in the records of the Canada

Post Corporation, or

(ii) to be returned to the sender by the

Canada Post Corporation;

(

e) by adding the following after clause (s):

(t) "telecopier" means a machine or device that

electronically transmits and receives a copy of a document, picture or

other printed material by means of a telecommunication system;

(u) "very long trial action" means an action which will

or is likely to require more than 25 trial days;

(v) "writ" means a document that authorizes steps to be

taken to enforce a judgment or order and includes a writ of enforcement, a

writ of possession, a writ of sequestration, a writ of delivery or any

other writ that may be issued by the Court.

(

g) by adding the following after subsection (1):

(2) Any reference in these Rules to the Attorney General is a

reference to the Minister of Justice and Attorney General.

3 Rule 16.1 is repealed and the following is substituted:

Service by telecopier

16.1(1) Where a document is not required to be served personally,

the document may, in accordance with this Rule, be served by means of a

telecopier

(

a) on the solicitor of the person being served or that

solicitor's agent, or

(

b) in the case of service on a person other than under

clause (a), at a telecopier that is situated in a residence or a place of

business located in Alberta.

(2) In order for a document to be served by means of a telecopier,

the document must be sent by telecopier and,

(

a) in the case of service on the solicitor of the

party being served or on that solicitor's agent, be received and printed by

a receiving telecopier that is situated at the office of the solicitor or

the solicitor's agent, and

(

b) in the case of service on a person other than under

clause (a), be received and printed by a receiving telecopier that is

situated in a residence or a place of business located in Alberta.

(3) A telecopier may only be used for the purposes of this Rule if

the telephone number for the telecopier at which the service is to take

place has a 7-digit number that appears with the word "fax" or with any

reference to a telecopier

(

a) in, or attached to, or

(

b) on a letter enclosing,

any pleading or notice under these Rules, by, from or on behalf of

the party to be served or that party's solicitor or solicitor's agent.

4 Rule 74(2) is amended by striking out "Execution" and substituting "A

writ".

5 Rule 82 is amended

(

a) in subrule (1) by striking out "execution" and substituting "a

writ";

(

b) in subrule (2) by striking out "execution" and substituting "a

writ";

(

c) in subrule (3) by striking out "Execution" and substituting "A

writ";

(

d) in subrule (4) by striking out "execution" and substituting "a

writ";

(

e) in subrule (5) by striking out "execution" and substituting "a

writ";

(

f) in subrule (6) by striking out "Execution" and substituting "A

writ".

6 Rule 87 is amended by striking out "and" at the end of clause (

c) and

by adding the following after clause (c):

(c.1) a statement setting out whether, in the opinion of the party

issuing the pleading, the action will likely take more than 25 days to try,

and

7 Rule 151 is amended by striking out "execution" and substituting "a

writ".

8 Rule 155 is amended by striking out "execution" and substituting "a

writ".

9 Rule 159(4) is repealed and the following is substituted:

(4) The court may order that an action proceed or not proceed on

terms binding one or more parties as to the following:

(

a) the giving of security;

(

b) time;

(

c) the staying of proceedings pending the

determination of a counterclaim;

(

d) the mode of trial or other method respecting the

determination of the matter.

10 Rule 160 is amended

(

a) by striking out "execution" and substituting "a writ";

(

b) by striking out "is without" and substituting "are without".

11 The following is added after Rule 186:

Very long trial actions

186.1 In a very long trial action the case management judge may

establish a mechanism for the production or description of the documents in

the affidavit of documents where the number, nature or location of the

documents makes production or description in the normal course unduly

expensive or cumbersome.

12 The following is added after

section 216:

Modification by the Court

216.1(1) The Court may modify or waive any right or power under this

Part, on terms or otherwise, or may impose terms on any party, where

(

a) any party acts or threatens to act in a manner that

is vexatious, evasive, abusive, oppressive, improper or prolix, or

(

b) the expense, delay, danger or difficulty in

complying fully would be grossly disproportionate to the likely benefit.

(2) Terms imposed under subrule (1) may, without limiting the

generality of subrule (1), be made in respect of the following:

(

a) costs, whether on a solicitor-client or other

basis;

(

b) security for costs;

(

c) an advance payment against costs;

(

d) increased or decreased interest entitlement;

(

e) production of or access to documents, whether or

not they are referred to in any pleading, particular or affidavit;

(

f) whether the production or access to documents

should be stayed or otherwise;

(

g) modification of conduct money;

(

h) different venue, inside or outside Alberta, for any

examination to be held or for any act to be done;

(

i) schedules or time limits;

(

j) written interrogatories;

(

k) notices to admit facts or documents or to adopt

answers by other witnesses;

(

l) inspection or production of documents held by

non-parties where permitted by law or with the consent of the non-parties;

(

m) disclosure of the aims of proposed further

discovery;

(

n) supervision of further discovery by a judge,

master, commissioner, clerk or referee;

(

o) a confidentiality order.

13 Rule 218.1 is amended

(

a) by repealing subrule (1) and substituting the following:

Expert for a party

218.1(1) A party intending to call an expert witness at a trial

shall, not less than 90 days prior to the day of the commencement of the

trial, serve on every other party to the action a copy of a substance of

opinion statement signed by the expert setting out the following:

(

a) the expert's name and qualifications;

(

b) the area of expertise that the party calling the

expert is seeking to have the expert qualified in;

(

c) the substance of the expert's opinion.

(

b) by adding the following after subrule (3):

(4) This Rule does not apply to a very long trial action.

14 The following is added after

Part 15:

PART 15.1

VERY LONG TRIAL ACTIONS

Application

218.2 This Part does not apply to any trial other than a very long

trial action.

Expert evidence

218.3(1) For the purposes of this Part, an expert is any person who

is asked and is entitled to give expert opinion evidence.

(2) This Part does not apply to evidence given by an expert who is

(

a) personally involved in the events giving rise to

the litigation, or

(

b) an employee of a party.

Number of experts

218.4(1) Except with leave of the Court, not more than one expert

may give opinion evidence on any one subject on behalf of a party.

(2) For the purposes of this section, where

(a) 2 or more corporate parties are owned in part or

whole by the same owners, or

(

b) one or more corporate parties owns another or other

corporate parties,

those related parties shall, unless otherwise directed by the Court,

be treated as one for the purpose of entitlement to call expert witnesses.

(3) Where the related parties referred to in subrule (2) cannot

agree on the selection of one or more experts, one or more of the parties

may apply to the Court for an order for directions.

Costs re unnecessary experts

218.5(1) When

(

a) the leave of the Court is obtained for evidence to

be given by an expert who is in addition to the number of experts that is

permitted under subrule (1), and

(

b) the trial judge is of the opinion that the

additional evidence was unnecessary,

the trial judge shall require the party on whose behalf the evidence

was given to pay to the other party or parties the costs unnecessarily

incurred.

(2) Except where the trial judge is of the opinion that unusual

circumstances exist, the trial judge shall direct that costs required to be

paid under subrule (1) shall be calculated on a solicitor and client basis.

(3) If more than one party is found responsible for calling

unnecessary additional evidence, the trial judge shall determine the

proportion of the costs to be paid and received.

Experts Document

218.6(1) At a time as may be directed by the case management judge,

each party shall deliver to the other party or parties a document known as

an "Experts Document".

(2) The Experts Document shall

(

a) be signed by the proposed expert, and

(

b) contain the following information with respect to

each expert proposed to be called by the party submitting the document:

(

i) the name and qualifications of the

proposed expert;

(ii) the proposed expert's area of

expertise;

(iii) any report prepared by the proposed

expert on which any party proposes to rely at trial;

(iv) where a report referred to in subclause

(iii) has not been prepared, a detailed statement of the evidence proposed

to be given.

(3) Within 60 days after having been served with an Experts

Document, a party shall deliver to the party who served the Experts

Document a document known as a "Reply to Experts Document".

(4) The Reply to Experts Document must contain the following:

(

a) a statement as to whether or not the qualifications

of the proposed expert are accepted;

(

b) if the qualifications of the proposed expert are

not accepted, the reasons for non-acceptance;

(

c) a statement as to whether or not the party

disagrees with any of the evidence intended to be given by the proposed

expert;

(

d) if the party disagrees with any of the evidence

intended to be given by the proposed expert, the reasons for that

disagreement.

Costs re refusal to accept an expert or expert evidence

218.7(1) If the trial judge is of the opinion that a party was

unreasonable in refusing to accept the qualifications of a proposed expert

or the evidence intended to be given by the proposed expert, the judge

shall require the party to pay to the other party or parties the costs

unnecessarily incurred.

(2) Where the trial judge awards costs under subrule (1), Rule

218.5(2) and (3) apply with respect to determining those costs.

Examination of experts

218.8(1) With leave of the case management judge, any expert

proposed in an Experts Document may be examined by any party opposite in

interest from the party proposing to call the expert witness, as if the

examination were an examination for discovery of an employee of a party

conducted pursuant to Rule 200.

(2) Any examination carried out pursuant to subrule (1) shall be

limited to the matters touching the contents of the Experts Document of the

person being examined.

(3) The case management judge may impose conditions in advance of

any examination carried out pursuant to subrule (1) with respect to the

following:

(

a) limiting the examination as to length;

(

b) directing the examination's location;

(

c) directing payment of costs incurred;

(

d) any other matter concerning the examination.

Agreement for purpose of trial

218.9(1) At any time, prior to the commencement of the trial, the

case management judge may order that any experts who are expected to

testify at the trial consult on a without prejudice basis to determine any

matters on which agreement can be reached.

(2) In making an order under subrule (1), the judge may set an

agenda and prescribe any other terms that the judge considers appropriate

with respect to the consultations.

(3) Where the parties and their counsel pursuant to subrule

(1) determine that there are matters that are agreed to, they must prepare a

joint statement indicating those matters to which there is agreement.

(4) If there are matters remaining in dispute, those matters may be

prepared and be entered in evidence at the trial.

(5) Subject to any agreement reached between the parties and their

counsel, all matters that form a part of the consultations of experts will

be entirely without prejudice to the position of all parties and no

evidence as to what took place during the consultations is receivable at

the trial.

Expert in rebuttal

218.91(1) Subject to subrule (2), nothing in these Rules shall

prohibit a party, with the leave of the Court, from calling an expert in

rebuttal.

(2) If the trial judge is of the opinion that rebuttal evidence

given by an expert was unnecessary, the trial judge shall require the party

on whose behalf the evidence was given to pay to the other party or parties

the costs unnecessarily incurred.

(3) Where the trial judge awards costs under subrule (2), Rule

218.5(2) and (3) apply with respect to determining those costs.

15 Rule 219(1) is amended by adding "other than a very long trial

action," after "cause or matter,".

16 The following is added after Rule 219:

Very long trial action

219.1(1) In a very long trial action,

(

a) any case timetable set,

(

b) any direction given as to steps,

(

c) any directions given in respect of procedures and

times in the action,

(

d) any terms imposed, and

(

e) any other directions given in the management of the

action,

shall become an order of the Court, whether arising from the

application of the party or from the Court on its own motion.

(2) Where a case management judge has ordered that certain evidence,

including expert evidence, need not be called by one or more parties to a

very long trial action, that order becomes a part of the record so that it

may be considered in conjunction with any invitation to draw an adverse

inference as a result of the failure to call that evidence.

17 The following is added after Rule 255:

Disallowance of examination

255.1 Following any pre-trial procedure where counsel has at the

request of a case management judge or pursuant to a practice note given an

estimate of the time necessary for an examination or cross-examination of a

witness, the trial judge may disallow any questions put in examination or

cross-examination of the witness where the counsel has, in the opinion of

the trial judge, unreasonably exceeded the estimated amount of time with

respect to that examination or cross-examination.

18 Rule 294 is repealed and the following is substituted:

Failure of witness to attend

294(1) Where the Court is satisfied that

(

a) a notice to attend has been served on a witness,

(

b) the witness has failed to attend or remain in

attendance in accordance with the notice,

(

c) the witness has been paid the proper conduct money

or the proper conduct money has been tendered to the witness, and

(

d) the presence of the witness is material to the ends

of justice,

the Court may by its warrant direct any peace officer to cause the

witness to be apprehended from any place in Alberta.

(2) In issuing a warrant under subrule (1), the Court may direct any

one or more of the following:

(

a) that the witness be brought forthwith before the

Court;

(

b) that the witness be detained in custody as the

Court may order until the presence of the witness is no longer required by

the Court;

(

c) that the witness be released on a recognizance,

with or without sureties, on the condition of the appearance of the witness

to give evidence.

(3) The service on a witness of the notice and the payment or

tendering to the witness of conduct money may be proved by an affidavit.

19 Rule 296 is amended by striking out "sheriff,".

Part 28 is repealed and the following is substituted:

PART 28

ENFORCEMENT OF JUDGMENTS AND ORDERS

Division 1

General

Definitions

340 In this Part,

(a) "judgment" includes an order of the Court;

(b) "judgment creditor" means a person who is entitled

to enforce a judgment;

(c) "judgment debtor" means a person against whom a

judgment may be enforced;

(d) "related writ" means a related writ as defined in

the Civil Enforcement Act.

Stay of judgment

341(1) The Court may by order, at or after the time that a judgment

is granted, stay the enforcement of the judgment or remove or extend any

stay already granted in respect of the judgment.

(2) Where the Court by order grants or extends a stay in a

proceeding under the Civil Enforcement Act,

(

a) the order may be registered in the Personal

Property Registry, and

(

b) until the order is registered in the Personal

Property Registry, the order does not affect any person who does not have

actual knowledge of the order.

Enforcement of order

342 An order of the Court may be enforced against all persons bound

by the order in the same manner as a judgment to the same effect may be

enforced.

Payment into Court

343 Any judgment for the payment of money into Court may be

enforced in any manner in which a judgment for the payment of money to a

person may be enforced.

Money recovered on behalf of minors, etc.

344(1) Where

(

a) money, other than for costs, is recovered

(

i) by or on behalf of a minor or a person

of unsound mind by that person's guardian, next friend or committee, or

(ii) on behalf of a class,

and

(

b) no other provision is made by law,

that money must, unless otherwise ordered, be paid into Court subject

to further order.

(2) A payment made to

(

a) the guardian, next friend or committee on account

of money due to a minor or person of unsound mind, or

(

b) a person having the conduct of proceedings on

behalf of a class,

otherwise than for the costs of the action, is not a valid discharge

as against the minor or person of unsound mind or the class.

Relief subject to conditions

345 If under a judgment a party is entitled to relief subject to,

or on the fulfilment of, a condition or contingency, that party may, on the

fulfilment of the condition or contingency, apply to the Court for leave to

issue a writ.

Enforcement of orders re persons who are not parties

346 Where a person is not a party to a cause or a matter but

(

a) that person obtains an order or an order is

obtained in that person's favour in respect of that cause or matter, that

person may enforce the order in the same manner as if that person were a

party to the cause or matter, or

(

b) that person is subject to an order or a judgment

granted in respect of that cause or matter, the order or judgment may be

enforced against that person in the same manner as if that person were a

party to the cause or matter.

Duration of writ

347 Unless otherwise provided for by an enactment, and except for

the purposes of that enactment, a writ remains in force so long as the

judgment in respect of which the writ was issued remains in force.

Amount owing on writ

348 The amount owing at any time on a writ is the total of

(

a) the amount of the judgment in respect of which the

writ was issued,

(

b) the taxable costs that are not included in the

amount of the judgment, and

(

c) interest owing in respect of the judgment and

taxable costs,

less the amounts, if any, paid to the judgment creditor on account of

the judgment.

Changes re name shown on writ

349 Where the name shown on a judgment or a writ of a person who is

entitled to enforce the judgment or writ is incorrect or has changed, the

clerk may, without an order of the Court, issue a writ or amend a writ that

has already been issued so that the person is properly named in the writ.

Assignment of writ

350(1) A person who is entitled to enforce a writ may, without an

order of the Court, make a total or partial assignment of the writ to

another person.

(2) The clerk, on being satisfied that all of the judgment

creditor's rights under a writ have been assigned, may, without an order of

the Court, amend the writ to show the name of the assignee.

(3) The clerk, on being satisfied that a portion of the judgment

creditor's rights under a writ have been assigned, may, without an order of

the Court, divide the writ and issue

(

a) a replacement writ to the judgment creditor

indicating the amount that remains owing under the writ to the judgment

creditor, and

(

b) a replacement writ to the assignee indicating the

amount that is owing under the writ to the assignee.

(4) Where a replacement writ is issued under subrule (3), that writ

(

a) stands in the place of the writ that is being

replaced, and

(

b) shall be dated with the same date as that shown on

the writ that is being replaced.

Court order re writ

351 A party claiming to be entitled to enforce a judgment may apply

to the Court for an order directing one or more of the following:

(

a) that a writ be issued showing the proper name of

the judgment debtor where the judgment debtor's name as shown on the

judgment is not the judgment debtor's proper name;

(

b) that a change be made to a writ;

(

c) that a new writ be issued;

(

d) that any issue or question necessary to determine

the rights of the parties be tried in any way in which a question in an

action may be tried.

Separate writs

352 When a judgment is granted for the recovery of both land and

money, whether for costs or otherwise, and a writ is to be issued,

(

a) a writ of possession may be used for the recovery

of the land, and

(

b) a writ of enforcement may be used for the recovery

of the money.

Service of documents after judgment, etc.

353(1) In this Rule and Rules 354 and 355, "document" means, in

respect of a document or notice under the Civil Enforcement Act or in

respect of matters coming under that Act, a document or notice that is

issued or granted

(

a) subsequent to the granting of a judgment, or

(

b) in respect of a claim made under

Part 3 of that

Act.

(2) Unless the Civil Enforcement Act or these Rules expressly

require otherwise, a document that is to be served under the Civil

Enforcement Act may be served or delivered as follows:

(

a) on an individual, by leaving the document with the

individual or by sending the document by registered mail addressed

(

i) to the individual at the individual's

residence, or

(ii) to the name and address of any business

of the individual;

(

b) on all members of a partnership,

(

i) by leaving the document with

(

A) one or more of the general

partners, or

(

B) a person having control or

management of the partnership business,

(ii) by sending the document by registered

mail addressed to

(

A) the partnership,

(

B) any one or more of the

general partners, or

(

C) any person having control

or management of the partnership business,

at the address of the partnership

business;

(

c) on a corporation, other than a municipality,

(

i) by leaving the document with an officer

or director of the corporation or person in charge of any office or place

of business of the corporation,

(ii) by leaving the document at, or by

sending the document by registered mail addressed to, the registered or

head office of the corporation, or

(iii) where the corporation has its

registered or head office outside of Alberta, by leaving the document with,

or by sending the document by registered mail addressed to, its attorney

for service appointed under

Part 21 of the Business Corporations Act;

(

d) on a municipal corporation, by leaving the document

with, or by sending the document by registered mail addressed to, the

principal office of the corporation or the chief administrative officer of

the corporation;

(

e) on an association,

(

i) by leaving the document with an officer

of the association, or

(ii) by sending the document by registered

mail addressed to an officer of the association at the address of the

officer.

(3) A document that is sent by registered mail is deemed to be

served or delivered

(

a) when the addressee actually receives the document,

(

b) on the expiry of 7 days from the day that the mail

is sent by the sender,

whichever is earlier.

(4) If the Court is satisfied that

(

a) the addressee did not receive a document sent by

registered mail within 7 days from the day that the document was sent by

the sender,

(

b) the failure of the addressee to receive the

document is not attributable to the addressee's own efforts to avoid

receiving the document, and

(

c) the addressee would be prejudiced by the strict

application of subrule (3)(b),

the Court may make any order that the Court considers appropriate in

respect of any matter relating to the document.

(5) Notwithstanding anything in subrule (2), a holder of a related

writ may be served by means of a telecopier if

(

a) a telecopier telephone number of the writ holder is

shown on the writ, and

(

b) the document to be served is sent to the telecopier

at that telephone number and receipt of the document is acknowledged.

(6) Notwithstanding anything in subrule (2), a distributing

authority may serve by means of a telecopier a proposed distribution on any

person who has an interest registered in the Personal Property Registry if

(

a) a telecopier telephone number for that person is

shown in the Personal Property Registry on the registration for that

interest, and

(

b) the document to be served is sent to the telecopier

at that telephone number and receipt of the document is acknowledged.

(7) Unless a provision of the Civil Enforcement Act requiring

service or delivery of a document expressly refers to the original or a

certified copy of the document, it is sufficient to serve or deliver a copy

of the document.

(8) Nothing in this Rule shall be construed so as to prohibit a

document from being served in any other manner permitted under these Rules.

Service on civil enforcement agency

354(1) If, under the Civil Enforcement Act or any other enactment, a

document is required to be given to or served on a civil enforcement

agency, the document may be given or served

(

a) by personal service on

(

i) an officer of the civil enforcement

agency, or

(ii) a bailiff who acts on behalf of the

civil enforcement agency,

(

b) by registered mail sent to the address for service

of the civil enforcement agency, or

(

c) by telecopier if the document is sent to a

telecopier and receipt of the document is acknowledged.

(2) Nothing in this Rule shall be construed so as to prohibit a

document from being served in any other manner permitted under these Rules.

Alternate method of service

355(1) Notwithstanding Rules 353 and 354, where a person consents

in writing to being served with documents in respect of matters under the

Civil Enforcement Act by a means other than those referred to in Rules 353

and 354, that person, subject to subrule (2), may be served with those

documents by that means.

(2) If, in respect of proceedings under a judgment against an

enforcement debtor, documents referred to in subrule (1) are to be served

on the enforcement debtor, subrule (1) does apply to a consent referred to

in subrule (1) that was given by the enforcement debtor prior to the date

of that judgment.

Division 2

Writs of Enforcement

Definition

356 Any term used in this Division that is defined in the Civil

Enforcement Act has the meaning given to it by that Act.

Issuing of writs

357(1) A judgment creditor may require the clerk in whose office the

judgment has been entered to issue a writ of enforcement in respect of the

judgment at any time that the judgment is in force.

(2) Notwithstanding subrule (1), if the judgment is for payment

within a specified period, the clerk shall not issue the writ of

enforcement until after the expiration of that period.

(3) A writ of enforcement shall be in Form F of

Schedule A and may

include an Addendum in Form F.1 of

Schedule A.

Endorsement on writ of enforcement

358 If a writ of enforcement is issued for the purposes of

enforcing the payment of money that is directed to be paid into Court, the

judgment creditor or other person preparing the writ must, prior to the

clerk's issuing the writ, state on the writ that all money paid under the

writ, other than costs, must be paid into Court.

Relief under the Fraudulent Preferences Act, etc.

359(1) Where a judgment creditor claims to be entitled to a right of

relief either under the Fraudulent Preferences Act or under the Fraudulent

Conveyances Statute, 13 Eliz. I,

Chapter 5 (U.K.), the Court, on motion in

the judgment creditor's action served

(

a) on the judgment debtor, and

(

b) on the persons to whom it is alleged the property

was conveyed,

may order the property or part of the property to be sold to realize

the amount to be levied under a writ of enforcement.

(2) Where a transfer or conveyance is made with the intention of

defeating, defrauding or hindering the rights of a judgment creditor, the

judgment creditor, for the purposes of obtaining an order under subrule

(1), need not have obtained judgment at the time of the impugned transfer

or conveyance.

Identification of debtor

360(1) In this Rule,

(a) "replying creditor" means an enforcement creditor;

(b) "requesting creditor" means a creditor whose debtor

is or may be a person against whom the replying creditor has a writ, and

includes a representative of the creditor;

(c) "written demand" means a written demand made under

subrule (2).

(2) A requesting creditor may by a written demand served on a

replying creditor inquire as to one or both of the following:

(

a) whether the replying creditor has a writ against

the requesting creditor's debtor;

(

b) the amount owing under the replying creditor's

writ.

(3) In a written demand, the requesting creditor must set out

(

a) an address to which the reply to the written demand

may be made,

(

b) the nature of the inquiry being made under subrule

(2), and

(

c) if an inquiry is being made pursuant to subrule

(2)(a),

(

i) the name of the requesting creditor's

debtor, and

(ii) the occupation, address and date of

birth of the requesting creditor's debtor where that information is known

to the requesting creditor.

(4) A written demand may be served on a replying creditor

(

a) at the most recent address shown for the replying

creditor on the registration of the replying creditor's writ registered in

the Personal Property Registry, or

(

b) in any other manner by which a document may be

served under these Rules.

(5) Subject to subrule (7), a replying creditor must within 15 days

from the day of being served with a written demand provide to the

requesting creditor a written reply,

(

a) in the case of an inquiry being made pursuant to

subrule (2)(a),

(

i) stating whether or not the requesting

creditor's debtor is the same person as the replying creditor's debtor, or

(ii) if the replying creditor does not know

whether or not the requesting creditor's debtor is the same person as the

replying creditor's debtor, stating that fact,

and

(

b) in the case of an inquiry being made pursuant to

subrule (2)(b), stating the amount that is owing under the replying

creditor's writ.

(6) A distributing authority may exercise all the powers under this

Rule of a requesting creditor in the same manner as if it were a requesting

creditor.

(7) If a replying creditor fails, without reasonable excuse, to

comply with a written demand, the requesting creditor, in addition to any

other remedy provided by the Civil Enforcement Act, may apply to the Court

for an order requiring the replying creditor to comply with the written

demand.

(8) On an application made under subrule (7), the Court may make an

order requiring the replying creditor to comply with the written demand,

and may give any other order as the Court considers appropriate in the

circumstances.

Division 3

Writs of Possession

Enforcement re recovery of land

361(1) A judgment or order for the recovery or for the delivery of

the possession of land may be enforced by a writ of possession.

(2) Where a judgment or order directs a person to deliver up

possession of any land to some other person either

(

a) on a specified date, or

(

b) within a specified time after being served with the

judgment or order,

the person in whose favour the judgment or order was made may,

without any further order, require the clerk to issue a writ of possession

by filing with the clerk an affidavit showing that

(

c) service of the judgment or order has been effected,

and

(

d) the judgment or order has not been complied with.

(3) Except as provided for in subrule (2), a writ of possession

shall not be issued except on order of the Court.

Effect of writ

362 A writ of possession has the effect of a writ of assistance.

Removal of goods

363(1) For the purpose of enforcing a writ of possession in respect

of any premises, it is not necessary to remove any goods from the premises.

(2) Where a civil enforcement agency in its discretion removes and

stores any goods in connection with the enforcement of a writ of

possession, the owner of those goods may, on the written authorization of

the civil enforcement agency, obtain the goods from storage on

(

a) paying to the civil enforcement agency the costs,

including transportation and storage costs, that were paid by the civil

enforcement agency or the person on whose behalf the writ was enforced, and

(

b) paying to the person storing the goods any further

outstanding storage charges.

(3) If the owner of any goods referred to in subrule (2) does not

redeem the goods within 30 days from the day that the goods were placed in

storage, the person on whose behalf the writ was enforced may apply by a

notice of motion to the Court for an order authorizing the goods to be sold

and prescribing the manner of sale.

(4) Where goods are sold pursuant to an order made under subrule

(3), the proceeds of the sale must be applied as follows:

(

a) first, to pay the costs of the sale;

(b) 2nd, to pay storage, transportation and other costs

incurred in removing and storing the goods and making the application for

the order for sale;

(c) 3rd, unless otherwise ordered by the Court, to pay

the balance to the owner of the goods.

(5) If

(

a) goods were not removed from the premises at the

time that a writ of possession was enforced, and

(

b) the owner does not remove the goods within 30 days

from the day that the writ of possession was enforced,

the person on whose behalf the writ was enforced may apply by a

notice of motion to the Court for directions as to the disposition of the

goods remaining on the premises.

Division 4

Writs of Delivery and Sequestration

Writ of delivery

364(1) Where a judgment directs the recovery of specific property

other than land or money, a writ of delivery may be issued by the clerk

directing a civil enforcement agency to cause the property to be delivered

in accordance with the judgment.

(2) If the specific property that is the subject of a judgment is

not delivered in accordance with the writ of delivery, the Court may, to

enforce compliance with the judgment, order

(

a) that the civil enforcement agency take possession

of personal property of the judgment debtor that is valued to an amount not

in excess of double the value of the property that is subject to the

judgment, and

(

b) that the property taken by the civil enforcement

agency be kept until further order of the Court.

Writ of sequestration

365(1) In addition to or in lieu of holding a party to a judgment

referred to in Rule 364 in civil contempt, the judgment may, by leave of

the Court, also be enforced by a writ of sequestration.

(2) A writ of sequestration must be directed to a civil enforcement

agency.

Disobedience by corporation

366 Where a judgment against a corporation is wilfully disobeyed,

it may be enforced by any one or more of the following:

(

a) with the leave of the Court, by a writ of

sequestration against the property of the corporation;

(

b) by an order of the Court holding all or any one or

more of the directors or officers of the corporation in civil contempt;

(

c) with the leave of the Court, by a writ of

sequestration against the property of all or any one or more of the

directors or officers of the corporation.

Carrying out directions of Court

367(1) If

(

a) a mandamus granted in an action or a mandatory

order, injunction or judgment for the specific performance of a contract is

not complied with, or

(

b) a judgment requires a person to do any act other

than the payment of money and that person fails to do that act,

the Court, in addition to or in lieu of holding the disobedient party

in civil contempt, may direct that the act required to be done may, so far

as is practicable and at the cost of the disobedient party, be done by

(

c) the party by whom the judgment was obtained, or

(

d) some other person appointed by the Court.

(2) Where

an act is carried out under subrule (1), the expenses

incurred may be ascertained in such manner as the Court directs and a writ

of enforcement may be issued for the amount so ascertained and the costs.

Division 5

Information Regarding Enforcement Debtors

Definition

368 Any term used in this Division that is defined in the Civil

Enforcement Act has the meaning given to it by that Act.

Provision of information by debtor

369 For the purposes of determining the ability of an enforcement

debtor to satisfy the claims of enforcement creditors, an enforcement

creditor may require the enforcement debtor to provide information in

accordance with this Division.

Financial report of debtor

370(1) An enforcement creditor may, on written notice to an

enforcement debtor, require the enforcement debtor to provide to the

enforcement creditor a financial report of the enforcement debtor in Form I

or I.1 of

Schedule A, as the case may be, verified by statutory

declaration.

(2) Within 15 days from the day of being served with a notice under

subrule (1), the enforcement debtor must provide to the enforcement

creditor the enforcement debtor's financial report.

(3) Once an enforcement debtor has provided a financial report to an

enforcement creditor under subrule (1), no enforcement creditor may,

without an order of the Court, require the enforcement debtor to provide

another financial report under subrule (1) until one year has expired from

the day that the enforcement debtor provided the previous financial report.

(4) Where an enforcement creditor has been provided with a financial

report under subrule (1), the enforcement creditor must, within 15 days

from the day of being provided with the financial report, register in the

Personal Property Registry a status report for the writ indicating that the

enforcement debtor has provided the enforcement creditor with the financial

report.

(5) An enforcement creditor who has been provided with a financial

report of an enforcement debtor under subrule (1) must, on the written

request made by any other enforcement creditor of that enforcement debtor

and the tendering of a fee of $25, provide to that other enforcement

creditor a copy of that financial report.

Examination of debtor

371(1) On service of a written notice on an enforcement debtor by an

enforcement creditor, the enforcement creditor may require the enforcement

debtor to attend an examination and be examined under oath by the

enforcement creditor with respect to matters referred to in Rule 372.

(2) A notice served on an enforcement debtor under subrule (1) must

be served on the enforcement debtor at least 7 days before the day that the

enforcement debtor is required to attend the examination for which the

notice is served.

(3) Once an enforcement creditor has examined an enforcement debtor

under subrule (1), that enforcement creditor may not, without an order of

the Court, again examine that enforcement debtor under subrule (1) until

one year has expired from the day of that previous examination.

Matters that are subject to examination

372(1) An enforcement debtor may be examined on matters touching the

following:

(

a) the property and financial means that the

enforcement debtor had when the liability to which the judgment relates was

incurred or, if the judgment is for costs only, when the proceedings were

commenced;

(

b) the property and financial means that the debtor

presently has;

(

c) any disposal of property made by the debtor since

incurring the liability or, if the judgment is for costs only, since the

proceedings were commenced;

(

d) any matter relating to exemptions;

(

e) where the debtor is a corporation, the name and

address of, and other pertinent information relating to, any director or

officer or any former director or officer of the corporation.

(2) In addition to examining an enforcement debtor in respect of

matters referred to in subrule (1), where an enforcement debtor has

provided a financial report, the enforcement creditor may, in conducting an

examination under Rule 371, examine the enforcement debtor on any matter

touching the financial report.

Examination of directors, officers and employees of a corporation

373(1) Where the enforcement debtor is a corporation, an enforcement

creditor may, for the purposes of examining the enforcement debtor, examine

under oath any director or officer of the corporation.

(2) On an order of the Court an enforcement creditor may examine

(

a) an employee of a corporation, or

(

b) a former director, officer or employee of the

corporation,

with respect to any matter about which the enforcement creditor may

examine a director or officer of the corporation.

Examination of transferee

374(1) Where an enforcement debtor has transferred exigible property

to another person

(

a) after the date when the liability or debt that was

the subject of the action was incurred, or

(

b) if the judgment is for costs only, after the date

of the commencement of the action,

the Court may by order direct that other person to attend before a

person named in the order and be examined under oath.

(2) If the transferee referred to in subrule (1) is a corporation,

the enforcement creditor may, on the order of the Court, examine any

present or former director, officer or employee of the corporation.

(3) A person examined under this Rule may be examined on matters

touching the following:

(

a) the property transferred;

(

b) the disposal of any property by the enforcement

debtor after the dates referred to in subrule (1);

(

c) any debts owing by the transferee to the

enforcement debtor;

(

d) any other matter specified in the order.

Person in possession of exigible property

375(1) Where the Court is satisfied that there are reasonable

grounds for believing that another person is in possession of or has

control over exigible property of an enforcement debtor, the Court may by

order direct that other person to attend before a person named in the order

and be examined under oath.

(2) If the other person in possession of the exigible personal

property of the enforcement debtor is a corporation, the enforcement

creditor may, on the order of the Court, examine any present or former

director, officer or employee of the corporation.

(3) A person examined under this Rule may be examined on matters

touching the following:

(

a) the exigible property that is in the possession or

under the control of the other person referred to in subrule (1),

(

b) the means by which the exigible property came into

the possession or under the control of the other person referred to in

subrule (1), and

(

c) any other matter specified in the order.

Examination of non-party

376 Where a difficulty arises in the enforcement of a judgment, the

Court may by order direct any person to attend before a person named in the

order and be examined under oath regarding any matter specified in the

order.

Enforcement of duties by the Court

377 If a person, who is required under this Division to provide a

financial report, submit to an examination or provide a copy of a financial

report, fails to do so or fails to answer a question that may properly be

asked of that person, the Court may on application do one or more of the

following:

(

a) direct that the person comply with the requirements

under this Division or answer the question, as the case may be;

(

b) hold the person in civil contempt;

(

c) make any other order that the Court considers

appropriate in the circumstances.

Costs

378 The costs of any examination or application made under this

Division are in the discretion of the Court.

Rules for discovery apply

379 Unless a matter is otherwise provided for under this Division,

the Rules relating to an examination for discovery apply, with any

necessary modifications, to examinations under this Division.

Division 6

Sale and Disposal and Special Seizure

Mechanisms under the Civil Enforcement Act

Definition

380 Any term used in this Division that is defined in the Civil

Enforcement Act has the meaning given to it by that Act.

Application for sale and disposal of personal property

381(1) Where an application is made under the Civil Enforcement Act

for authority to sell or dispose of any personal property of an enforcement

debtor, the application must be initiated by a notice of motion.

(2) Unless otherwise directed or approved by the Court, an

application referred to in subrule (1) must be made on 7 days' notice to

the enforcement debtor.

Duties of transfer agent

382(1) For the purposes of Division 2 of

Part 6 of the Civil

Enforcement Act, service of a notice of seizure or other document on an

issuer's transfer agent constitutes service on the issuer.

(2) On being served with a notice of seizure or other document, the

transfer agent must

(

a) immediately send a copy of the document to the

issuer, unless all duties of the issuer arising from service of the

document will be carried out on behalf of the issuer by the transfer agent,

and

(

b) pay to the civil enforcement agency any dividend or

other payment in respect of the security that would otherwise be payable by

the transfer agent to the enforcement debtor on behalf of the issuer.

Notice of seizure re special seizure mechanisms

383 A notice of seizure that is to be served on an issuer or

intermediary under

section 57(1) or 58(1) of the Civil Enforcement Act must

provide enough information to allow the issuer or intermediary to identify

with reasonable certainty the securities to which the notice of seizure

relates.

Grace period for notice of seizure

383.1(1) An issuer or intermediary does not incur any liability

under

section 60 of the Civil Enforcement Act in respect of a transaction

effected during the grace period determined in accordance with subrule

(2) if the issuer or intermediary establishes to the satisfaction of the Court

that

(

a) the issuer or intermediary attempted in good faith

to discharge the duties imposed on it by

section 58 or 59 of the Civil

Enforcement Act, and

(

b) either

(

i) the transaction was not authorized,

permitted or effected by an officer, employee or agent of the issuer or

intermediary who had actual knowledge of the seizure before the transaction

was effected, or

(ii) it was not reasonably possible in the

circumstances to prevent the transaction from being effected.

(2) For the purposes of subrule (1), the grace period begins when

the notice of seizure is served on the issuer or intermediary and ends

(

a) at midnight on the day that the notice of seizure

is served, if the notice of seizure is served on the office, branch or

agent of the issuer or intermediary at which the enforcement debtor's

interest in the relevant security is recorded, or

(

b) at midnight on the 7th day following the day that

the notice of seizure is served, if service of the notice of seizure is

effected otherwise than as stated under clause (a).

21 Rule 385.1 is amended by repealing subrules (1) and (2) and

substituting the following:

Application by conference telephone

385.1(1) In this Rule, "Queen's Bench location" means Peace River,

Grande Prairie, St. Paul, Edmonton, Hinton, Wetaskiwin, Red Deer,

Drumheller, Calgary, Lethbridge, Medicine Hat, Fort McMurray and High

Level.

(2) Where

(

a) any party in an action resides more than 100

kilometres from a Queen's Bench location in the judicial district in which

the action was commenced or to which action was transferred, and

(

b) an application in that action is to be brought in

that Queen's Bench location,

the application may be brought by a party and heard by a judge or a

master in chambers by means of a conference telephone if all the parties to

the action consent to the application's being heard by means of a

conference telephone.

(2.1) If the consent of all the parties to an action cannot be

obtained for the purposes of hearing the application by means of a

conference telephone, the Court may by order permit the application to be

made by means of a conference telephone.

(2.2) An application for an order under subrule (2.1) may be made by

means of a conference telephone.

22 Rule 430 is amended

(

a) by repealing clause (

a) and substituting the following:

(

a) direct the plaintiff to post with the clerk a bond

or other security in the form and in an amount that the court considers

appropriate, or

(

b) in clause (

b) by striking out "him" and substituting "a civil

enforcement agency";

(

c) in clause (

c) by striking out "the sheriff" and substituting "a

civil enforcement agency".

23 Rule 432 is amended

(

a) by repealing subrule (1) and substituting the following:

Bond

432(1) Except where

(

a) an order provides for payment of money into court,

(

b) the court directs the taking of property without a

bond or other security,

a civil enforcement agency shall not act on the order until the

plaintiff provides to the clerk a bond or other security that is

satisfactory to the court and that

(

c) is in favour of the defendant, and

(

d) unless the court otherwise provides, is in an

amount that is doub

Document details

Collection	Alberta — Gazette
Citation	documents gazette 1995 pdf 1130 ii.pdf
Type	gazette
Volume / chapter	documents gazette 1995 pdf 1130 ii.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	7824f692601db16854c8f47b95915e8f54d112e3

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