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

Chapter C-15 Current as of June 1, 2024 CIVIL ENFORCEMENT ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

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

Amendments Civil Enforcement Act Civil Enforcement .......................................... 276/95 ............. 229/2001, 27/2002, 203/2002, 109/2003, 82/2004, 221/2004, 103/2005, 273/2009, 116/2010, 227/2011, 31/2012, 109/2012, 170/2012, 62/2013, 196/2013, 190/2015, 221/2017, 216/2022, 218/2022, 71/2023, 84/2025

1 CIVIL ENFORCEMENT ACT

Chapter C-15 Table of Contents 1

Interpretation

Part 1 General 2 General principles 3 Crown is bound 4 Failure to comply 5 Applications to Court 6 Service of documents 7 Discontinuance of proceedings 8 Execution of d ocuments, etc.

Part 2 Civil Enforcement Agencies and Bailiffs 9 Civil enforcement agencies 1 0 Civil enforcement bailiffs 1 1 Not a Crown agent 1 2 Provision of services 1 3 Conditions governing civil enforcement proceedings 13.1 Fees and interest 13.2 Rendering of account 1 4 Complaints 1 5 Offence

Part 3 Prejudgment Relief 1 6

Definitions 1 7 Attachment order 1 8 Ex parte attachment order 1 9 Termination of attachment order 2 0 Provision of alternative security

RSA 2000

Chapter C-15 CIVIL ENFORCEMENT ACT 2 2 1 Sale, etc. of atta ched property 2 2 Registration of attachment order 2 3 Priorities 2 4 Commencement, etc. o f writ proceedings 2 5 Inconsistent actions

Part 4 Judgments and Writs Division 1 Registration 25.1 Issuing of writs 25.2 Assignment 25.3 Endorsement 2 6 Registration required 2 7 When writ is in force 27.1 New judgment 2 8 Duration of registration in Personal Property Registry 2 9 Duration of registrati on under Land Titles Act 3 0 Error or omission re writ Division 2 Binding Effect of Writs 3 1

Definitions 3 2 Knowledge of writ 3 3 When writ binds 3 4 Subordination of subsequent interests 3 5 Priority between writs and security interests 3 6 Buyer or lessee ta kes free of writ 3 7 Fixtures and growing crops 3 8 Transferees and purchasers o f funds and negotiable property 3 9 Protected purchaser of security 4 0 Priority of liens 4 1 Effect of seizure 4 2 Interaction between writs

Part 5 Seizure of Personal Property 4 3 Applies to all exigible personal property 4 4 Demand on third person 4 5 Effecting seizure 4 6 Objection 4 7 Termination of seizure 4 8 Sale of property, etc.

RSA 2000

Chapter C-15 CIVIL ENFORCEMENT ACT 3 48.1 Notice re personal property already subject to civil enforcement proceedings 48.2 Personal property already under seizure

Part 6 Special Seizure Mechanisms 4 9 Application of Part Division 1 Property Other than Securities 5 0 Cash and instruments 5 1 Secured obligations 5 2 Agricultural products 5 3 F i x t u r e s 5 4 Serial number goods 5 5 Mobile homes Division 2 Securities 5 6

Definitions 5 7 Effecting seizure 57.1 Powers of agency on seizure 5 8 Duties of Alberta private company 5 9 Agency may deal with seized property 6 0 Liability of Alberta private c ompany or securities intermediary 6 1 Liquidation of security 6 2 Liquidation procedure re non-market securities 6 4 Missing security certificate 6 5 Effect of transfer

Part 7 Land 6 7 Applies to all land 6 8 Instruction to sell 6 9 Method of sale 7 0 Notice of intention to sell 7 1 Growing crops 7 2 Waiting period 7 3 Exemption 7 4 Sale of land 7 5 Transfer of land 7 6 Severance of joint tenancy, etc.

RSA 2000

Chapter C-15 CIVIL ENFORCEMENT ACT 4

Part 8 Garnishment 7 7

Interpretation 77.1 Irregularity 7 8 General principles re garnishment 7 9 When garnishee summons is in effect 8 0 Discretionary exemption 8 1 Employment earnings 81.1 Registered plan payments 8 2 Joint entitlement 8 3 Deposit accounts 8 4 Enforcement of garnishee ’s duties

Part 9 Receivers and Special Remedies 8 5 Court appointed remedies 8 6 Considerations re appointment of receivers 8 7 Receivers

Part 10 Exemptions 8 8 Exempted property 8 9 Property exempt up to the prescribed value 9 0 Selection of property 9 1 Determination of exemption 9 2 Estate 92.1 Exemption of registered plans and registered disability savings plans 9 3 Non-applicability of Part

Part 11 Distributions 9 4 Definition 9 5 Claim to be treated as a writ 9 6 Applies to all distributions 9 7 Distributable fund 9 8 Money derived from exempted property 9 9 Eligible claims 100 Distributable fund exceeds claims, etc. 101 Claims exceed a distributable fund 102 L i a b i l i t y 103 Funds protected by court proceedings

RSA 2000

Section 1

Chapter C-15 CIVIL ENFORCEMENT ACT 5

Part 12 Distress 104 Distress by landlord 105 Distress by mortgagee, etc.

Part 13 Regulations and Rules of Court 106 Regulations 106.1 Forms

Part 14 Transitional 108 Deemed references HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “accessions” means goods that are installed in or affixed to other goods; (b) “agency” means a person w ho is authorized pursuant to an agreement entered into under

Part 2 to operate a civil enforcement agency and includes a sheriff where the sheriff is acting pursuant to

section 9(7); (c) “agricultural products” includes (

i) crops or livestock, and (ii) products of crops or lives tock in their unmanufactured states, while in the possession of a person engaged in growing, raising, fattening, grazing or other agricultural operations; (d) “bailiff” means a civil enforcement bailiff appointed unde r

Part 2; (e) “building materials” means m aterials that are incorporated into a building and includes goods attached to a building so that their removal

RSA 2000

Section 1

Chapter C-15 CIVIL ENFORCEMENT ACT 6 (

i) would necessarily involve the dislocation or destruction of some other part of the building and cause substantial damage to the building, apart from the loss of value of the building resulting from the removal, or (ii) would result in weakening the structure of the building or exposing the building to weather damage or deterioration, but does not include heating, air conditioning or conveyancing devices or machinery installed in a building or on land for use in carrying on an activity inside the building or on the land; (f) “chattel paper” means one o r more records that evidence both an obligation and a security interest in or lease of specific goods or specific goods and accessions, but does not include a security agreement providing for a security interest in specific goods and after-acquired goods other than accessions; (g) “civil enforcemen t proceedings” includes (

i) writ proceedings; (ii) distress proceedings auth orized under this Act or any other law that is in force in Alberta; (iii) evictions authorized pursuant to a law in force in Alber ta or an order of a Court; (

h) repealed 2006 cS-4.5 s107; (i) “clerk” means the clerk of the Court; (j) “Court” means the C ourt of King’s Bench; (k) “crops” means crops whethe r matured or otherwise, and whether naturally grown or planted, attached to land by roots or forming part of trees or plants attached to land, but includes trees only if they are (

i) nursery stock, (ii) trees being grown for uses other than the production of lumber or wood products, or (iii) trees being grown for use i n reforestation of land other than the land on which the trees are growing;

RSA 2000

Section 1

Chapter C-15 CIVIL ENFORCEMENT ACT 7 (l) “deposit account” means a chequing, savings, demand or similar account at a financial institution; (m) “distress” means anything done to exercise (

i) a right of a landlord t o distrain for unpaid rent, (ii) a right of a lessor of pe rsonal property to repossess, (iii) a right of a secured party to enforce a security interest under

section 56(1)(

a) or 58(1) of the Personal Property Security Act, (iv) a right to take possession of personal property under an order of the Court, (

v) a right of distress under an enactment, or (vi) any other right under a law in force in Alberta to take personal property out of the possession of a person other than under the authority of a writ; (n) “distribute” means pay out in accordance with

Part 11; (o) “document of title” means a writing issued by or addressed to a bailee (

i) that covers goods in the bailee’s possession that are identified or are fungible portions of an identified mass, and (ii) in which it is stated th at the goods in the bailee’s possession that are identified in it will be delivered to a named person, or to the transferee of the person, to bearer or to the order of a named person; (p) “enforcement creditor” mean s a person in whose favour a writ is in force; (q) “enforcement debt” means an amount outstanding on a money judgment in respect of which a writ is in force; (r) “enforcement debtor” means a person against whom a writ is in force; (s) “eviction” means anything done to enforce the right to tak e physical possession of premises or land, but does not include any action authorized under a lease that does not involve the physical removal of the tenant from the premises or land;

RSA 2000

Section 1

Chapter C-15 CIVIL ENFORCEMENT ACT 8 (t) “exempt” means, with respect to property, (

i) exempt from writ proceedi ngs in accordance with

Part 10, or (ii) exempt from dis tress proceedings in accordance with sections 104(

d) and 105(1)(b); (u) “exigible” means, with respect to property, not exempt fro m writ proceedings or distress proceedings; (u.1) “financial institution” means a bank, credit union, trus t corporation, loan corporation, treasury branch or any other deposit-taking institution; (v) “fixture” means tangible per sonal property that has been annexed to land and that is regarded in law as part of the land to which it has been annexed, but does not include building materials; (w) “goods” means tangible personal property other than chatte l paper, a document of title, an instrument, a security certificate and money, and includes fixtures, growing crops and the unborn young of animals, but does not include trees that are crops until they are severed or minerals until they are extracted; (x) “instructing creditor” means the enforcement creditor on whose instructions certain writ proceedings are taken or continued; (y) “instrument” means (

i) a bill, note or cheque within the meaning of the Bills of Exchange Act (Canada), (ii) any other writing that evidences a right to the payment of money and is of a kind that in the ordinary course of business is transferred by delivery with any necessary endorsement or assignment, or (iii) a letter of credit or an advice of credit if the letter or advice states that it must be surrendered on claiming payment under it, but does not include (iv) chattel paper, a documen t of title or a security certificate, or

RSA 2000

Section 1

Chapter C-15 CIVIL ENFORCEMENT ACT 9 (

v) a writing that provides for or creates a mortgage or charge in respect of an interest in land that is specifically identified in the writing; (z) “judgment” includes any order, decree, duty or right that may be enforced as or in the same manner as a judgment of the Court; (aa) “judgment creditor” means a person who has a money judgment; (bb) “land” includes any interest in land, but does not includ e growing crops; (cc) repealed 2006 cS-4.5 s107; (dd) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (ee) “mobile home” means (

i) a vacation trailer or house trailer, or (ii) a structure, whether ordinarily equipped with wheels or not, that is constructed or manufactured (

A) to be moved from one point to another by being towed or carried, and (

B) to provide living accomm odation for one or more persons; (ff) “money judgment” means a judgment requiring a person to pay money or that part of a judgment that requires a person to pay money; (gg) “obligation” means a legal or equitable duty to pay money ; (hh) repealed 2023 c5 s2; (ii) “person”, when used to refer to a creditor, includes the Crown except where the context otherwise requires; (jj) “personal property” means property other than land; (kk) “Personal Property Registry ” means the Personal Property Registry established under the Personal Property Security Act;

RSA 2000

Section 1

Chapter C-15 CIVIL ENFORCEMENT ACT 10 (ll) “property” includes (

i) things, as well as rights or interests in things, (ii) anything regarded in law or equity as property or as an interest in property, (iii) any right or interest that can be transferred for value from one person to another, (iv) any right, including a contingent or future right, to be paid money or receive any other kind of property, and (

v) any cause of action; (mm) “related writ” means (

i) in respect of a particular enforcement debtor, a writ that would be disclosed if a distribution seizure search was conducted of the Personal Property Registry using the name of that debtor as shown on the instructing creditor’s writ, and (ii) in respect of a defendant under

Part 3, a writ that would be disclosed if a distribution seizure search was conducted of the Personal Property Registry using the name of that defendant as shown on the attachment order; (nn) “secured obligation” means an obligation secured by an interest in property; (nn.1) “security” means a secu rity within the meaning of the Securities Transfer Act; (oo) “security certif icate” means a security certificate within the meaning of the Securities Transfer Act; (pp) “seizure documents” mean s the documents prescribed by regulation for the purposes of instructing an agency to carry out a seizure of personal property; (qq) “serial number goods” me ans serial number goods as defined in the regulations made under the Personal Property Security Act; (rr) “sheriff” means a person designated as a sheriff by the Minister to exercise the powers and carry out the duties of a sheriff under this Act;

RSA 2000

Section 1

Chapter C-15 CIVIL ENFORCEMENT ACT 11 (ss) “third person” means, other than in

Part 3, a person affected by writ proceedings other than the enforcement debtor or an enforcement creditor with a related writ; (tt) “writ” means a writ of enforcement and includes any writ issued by the Court of Appeal, the Federal Court of Canada or the Supreme Court of Canada that is similar in nature to a writ of enforcement; (uu) “writ proceedings” mean s any action, step or measure authorized by this Act to be taken for the purpose of enforcing a money judgment.

(2) For the purposes of this Act, (

a) an individual is deemed to know or have knowledge of a matter when information in respect of that matter is acquired by the individual under circumstances in which a reasonable person would take cognizance of the information; (

b) a limited partnership is d eemed to know or have knowledge of a matter when information in respect of that matter has come to the attention of one of the general partners or a person having control or management of the partnership business under circumstances in which a reasonable person would take cognizance of the information; (

c) a partnership, other than a limited partnership, is deemed to know or have knowledge of a matter when information in respect of that matter has come to the attention of one of the partners or a person having control or management of the partnership business under circumstances in which a reasonable person would take cognizance of the information; (

d) a corporation is deemed to know or have knowledge of a matter when information in respect of that matter has come to the attention of (

i) an officer of th e corporation, or (ii) a senior employee of the c orporation with responsibility for matters to which the information relates, under circumstances in whic h a reasonable person would take cognizance of the information or when the information in writing has been delivered to the registered office of the corporation or attorney for service for the corporation;

RSA 2000

Section 2

Chapter C-15 CIVIL ENFORCEMENT ACT 12 (

e) the members of an association are deemed to know or have knowledge of a matter when information in respect of that matter has come to the attention of (

i) an officer of the association, (ii) a senior employee of the association with responsibility for matters to which the information relates, or (iii) all the members, under circumstances in whic h a reasonable person would take cognizance of the information; (

f) the Crown is deemed to know or have knowledge of a matter when information in respect of that matter has come to the attention of a senior employee of the Crown with responsibility for matters to which the information relates under circumstances in which a reasonable person would take cognizance of the information.

(3) A reference in this Act to “this Act” or “this enactment” includes a reference to the regulations made under this Act.

(4) A reference in this Act to a specific provision or Part of this Act includes a reference to any regulations made under this Act in respect of any matters that are the subject of that provision or Part. RSA 2000 cC-15 s1;2002 c17 s1(2);2006 cS-4.5 s107; 2011 c20 s3;AR 217/2022;2023 c5 s2

Part 1 General General principles 2 The following applies with respect to the carrying out of civil enforcement proceedings: (

a) except as otherwise provided for in another enactment, (

i) a money judgment may only be enforced, and (ii) a seizure or eviction may only be carried out, in accordance with this Act; (

b) except as otherwise provided for in this or any other enactment, all property of an enforcement debtor is subject to writ proceedings under this Act;

RSA 2000

Section 3

Chapter C-15 CIVIL ENFORCEMENT ACT 13 (

c) on registration of a writ in the Personal Property Registry, that writ may be enforced, and any civil enforcement proceedings in respect of that writ may be carried out, anywhere in Alberta; (

d) except as otherwise specifically provided by this or any other Act, all writ proceedings are deemed to be taken on behalf of and for the benefit of all the enforcement creditors of an enforcement debtor; (

e) except as provided in any other enactment, a person may no t be arrested or imprisoned for default in payment of a money judgment; (

f) subject to clauses (

h) and (

i) and

Part 2, anything done by an agency or a bailiff with the written consent of all interested persons is deemed to have been done in accordance with this Act; (

g) all rights, duties and functions of creditors, agencies an d bailiffs under this Act must be exercised or discharged in good faith and in a commercially reasonable manner; (

h) any waiver by a debtor of any right or duty under this Act is void if it was given before the right or duty arose; (

i) a waiver by a debtor of any exemption given by this Act is void; (

j) nothing in this

section shall be construed so as to preven t a judgment creditor from soliciting or accepting payment from a judgment debtor. RSA 2000 cC-15 s2;2009 c53 s2 Crown is bound 3(1) This Act binds the Crown in exercising any rights or remedies as a creditor in civil enforcement proceedings.

(2) Notwithstanding subsection (1), nothing in this Act prevents the Crown from collecting a debt through proceedings otherwise available to the Crown under its prerogative or any other enactment. 1994 cC-10.5 s3 Failure to comply 4 A person who has suffered loss or damage as a result of another person’s failure to comply with this Act (

a) has a cause of action agains t that other person with respect to that failure, and

RSA 2000

Section 5

Chapter C-15 CIVIL ENFORCEMENT ACT 14 (

b) is entitled, if the Court or the Court of Justice finds that the person has suffered loss or damage, to a judgment for the damages suffered or $200, whichever is greater. RSA 2000 cC-15 s4;AR 75/2023 Applications to Court 5(1) The Court may, on application by an interested party or an agency, give directions in respect of or determine any matter or issue that arises out of any civil enforcement proceedings.

(1.1) An application under this Act (

a) must be made by way of an application to the Court, and (

b) shall not be made ex parte u nless it is expressly authorized under this Act or the Alberta Rules of Court to be made ex parte.

(2) On considering an application under this Act, the Court may do any one or more of the following: (

a) make any order, including a binding declaration of right a nd injunctive relief, that is necessary to ensure compliance with this Act or to ensure protection of the interests of any person in property that is subject to civil enforcement proceedings; (

b) give directions to any person regarding the exercise of th at person’s rights or performance of that person’s functions or duties under this Act; (

c) give directions respec ting the carrying out of civil enforcement proceedings; (

d) stay enforcement of rig hts provided in this Act; (

e) direct that an enforceme nt creditor replace another enforcement creditor as the instructing creditor; (

f) abridge any period of tim e provided for under this Act; (

g) in the case of an application made under a provision of th is Act other than subsection (1), give any other order, direction or relief that is permitted or otherwise provided for under that provision; (

h) make an order granted under this Act subject to any terms or conditions that the Court considers appropriate in the circumstances;

RSA 2000

Section 6

Chapter C-15 CIVIL ENFORCEMENT ACT 15 (

i) except where this Act provi des otherwise, make any other order or direction in respect of matters coming under this Act that the Court considers appropriate in the circumstances; (

j) award costs.

(3) Where the Court stays the enforcement of rights by order under subsection (2)(d), (

a) the order may be register ed in the Personal Property Registry, and (

b) until the order is registe red in the Personal Property Registry, the order does not affect any person who does not have actual knowledge of the order. RSA 2000 cC-15 s5;2009 c53 s2 Service of documents 6 A document that is to be served, given or provided to a person under this Act, may be served, given or provided to that person in accordance with the regulations. 1994 cC-10.5 s6 Discontinuance of proceedings 7(1) Before any seizure pursuant to writ proceedings is released or any garnishment is discontinued, a notice of the release or of the discontinuance must, at least 30 days before the date on which the seizure is to be released or the garnishment is to be discontinued, be served (

a) on all the enforcement cred itors having related writs at the time that the notice was given, and (

b) in the case of a seizure, o n any person who has given notice to the agency under

section 48.1.

(2) A notice given under subsection (1) does not need to be served on the instructing creditor except where the notice is being given other than on the instructions of the instructing creditor.

(3) If within 30 days from the day of being served with a notice under subsection (1), an enforcement creditor in writing instructs the agency or, in the case of garnishment, the clerk to continue the proceedings, (

a) the proceedings shall continue, and (

b) where more than one enforcement creditor instructs that th e proceedings be continued, the enforcement creditor whose

RSA 2000

Section 8

Chapter C-15 CIVIL ENFORCEMENT ACT 16 instructions were first received by the agency or, in the case of garnishment, by the clerk is from then on deemed to be the instructing creditor. RSA 2000 cC-15 s7;2002 c17 s1(3);2005 c28 s3; 2006 c4 s1 Execution of documents, etc. 8 For the purposes of dealing with or disposing of property pursuant to this Act, an agency, a bailiff or a receiver appointed under this Act may (

a) do any act or thing that would otherwise have to be done b y (

i) an enforcement debtor, or (ii) a person who is subj ect to distress proceedings, a n d (

b) execute or endorse any document that would otherwise have to be executed or endorsed by (

i) an enforcement debtor, or (ii) a person who is subj ect to distress proceedings. 1994 cC-10.5 s8

Part 2 Civil Enforcement Agencies and Bailiffs Civil enforcement agencies 9(1) The sheriff, on behalf of the Crown, may enter into an agreement with a person under which that person is authorized to operate a civil enforcement agency for the purpose of performing the following functions: (

a) the carrying out of seizures of property pursuant to writ proceedings or the right of distress; (

b) the carrying out of evictions; (

c) the selling of property that has been seized pursuant to writ proceedings or the right of distress; (

d) the distribution of the proceeds of sales referred to in c lause (

c) to persons who are lawfully entitled to those proceeds;

RSA 2000

Section 9

Chapter C-15 CIVIL ENFORCEMENT ACT 17 (

e) the carrying out of any other functions or duties provided for or permitted under this or any other enactment or an order of the Court.

(2) In addition to authorizing a person to operate an agency, an agreement entered into under subsection (1) may contain provisions (

a) setting out the terms and conditions under which an agency operates, (

b) governing the suspension or cancellation of the agreement or any of the agency’s operations, (

c) governing the rights and powers of the sheriff respecting access to and the search of any locations and premises of the agency and the removal of any property from that location or those premises, and (

d) governing any other matter respecting the authorization to operate the agency or the operations of the agency.

(3) Unless otherwise permitted by another enactment, only a person who is an agency may carry out the functions referred to in (a) subsection (1)(

a) to (d), i n the case of civil enforcement proceedings other than a distress pursuant to a lease of personal property or a distress under the Personal Property Security Act, and (b) subsection (1)(a), in the case of (

i) a distress pursuant to a l ease of personal property, or (ii) a distress under the Personal Property Security Act other than by a receiver.

(4) Notwithstanding subsections (1) and (3), an agency shall use only bailiffs for the purposes of (

a) carrying out seizures, (

b) removing seized property, and (

c) carrying out evictions.

(5) The Court shall not authorize any person who is not an agency to carry out the functions that are to be performed only by an agency under subsection (3).

(6) Repealed 2002 c17 s1(4).

RSA 2000

Section 10

Chapter C-15 CIVIL ENFORCEMENT ACT 18

(7) The sheriff may, at the direction of the Minister, (

a) carry out those duties and functions that may be carried o ut by an agency, and (

b) exercise those powers that may be exercised by an agency.

(8) Nothing in this

section is to be construed to restrict the powers of a receiver appointed under

Part 9. RSA 2000 cC-15 s9;2002 c17 s1(4) Civil enforcement bailiffs 10(1) The sheriff may appoint an individual as a civil enforcement bailiff to carry out, subject to any restrictions or conditions contained in the appointment, (

a) the seizure of personal property, (

b) the removal of sei zed personal property, (

c) evictions, and (

d) any other functions or duties provided for or permitted under this or any other enactment.

(2) The Court shall not authorize any person who is not a bailiff to carry out the functions of a bailiff referred to in subsection (1)(a), (

b) and (c). 1994 cC-10.5 s10 Not a Crown agent 11(1) Neither an agency nor a bailiff is an agent of the Crown.

(2) The Crown is not liable for anything done or omitted to be done by an agency or a bailiff. 1994 cC-10.5 s11 Provision of services 12 The following applies with respect to the carrying out of the duties and functions of agencies and bailiffs: (

a) a bailiff shall only carry out the duties or functions of a bailiff if the bailiff is employed by an agency or is otherwise under contract to an agency to provide bailiff services on behalf of the agency; (

b) civil enforcemen t proceedings carried out by a bailiff are not invalid by reason only that the bailiff carried out the civil enforcement proceedings at a location that is outside the

RSA 2000

Section 13

Chapter C-15 CIVIL ENFORCEMENT ACT 19 area within which the agency for which the bailiff provides bailiff services is permitted to operate; (

c) where an agency has been given written instructions to car ry out a duty or function that is permitted pursuant to this Act or another enactment, the agency has the responsibility to carry out that duty or function when (

i) the fees and expenses that are prescribed or agreed to for the carrying out of that duty or function have been paid or arrangements that are satisfactory to the agency for the payment of those fees and expenses have been made, and (ii) subject to the regulations , all reasonable security or indemnification that is requested by the agency for the carrying out of the duty or function has been provided; (

d) on the application of an ag ency or any interested person, the Court may give directions as it considers appropriate in the circumstances regarding the exercise or performance of any of the agency’s or bailiff’s powers, duties or functions under this Act or any other enactment. 1994 cC-10.5 s12 Conditions governing civil enforcement proceedings 13(1) In this section, “debtor” means a person against whom civil enforcement proceedings may be taken.

(2) For the purposes of carrying out civil enforcement proceedings, the following applies: (

a) a bailiff has the right to enter any location or premises of a debtor for the purposes of carrying out (

i) the seizure and the removal, or either of them as the case may be, of property of the debtor, or (ii) the eviction of a debtor; (a.1) where a bailiff has reasona ble grounds for believing that personal property of a debtor is located at a location or in premises of a person other than the debtor, the bailiff has the right to enter that location or those premises for the purposes of carrying out the seizure and the removal, or either of them as the case may be, of personal property of the debtor; (

b) notwithstanding clause (a.1), in the case of any location or premises of a person other than a debtor, a bailiff shall not

RSA 2000

Section 13

Chapter C-15 CIVIL ENFORCEMENT ACT 20 (

i) enter, or attempt to enter, t he location or premises after entry has been refused, or (ii) use force for the purpos es of gaining access to the location or premises, unless authorized to do so by an order of the Court; (

c) notwithstanding clauses (a) , (a.1) and (b), in the case of a residence of a debtor or other person, a bailiff shall not (

i) enter the residence except in the presence of a person whom the bailiff believes to be an adult who lives in the residence, (ii) enter the residence after entry has been refused, or (iii) use force for the purpos es of gaining access to the residence, unless authorized to do so by an order of the Court; (c.1) a bailiff may use force bu t only reasonable force for the purpose of gaining access (

i) to a location or premises, other than a residence, of a debtor, or (ii) where authorized by an order of the Court, to a location or premises of a person other than a debtor or to a residence; (

d) a bailiff who has gained lawful entry to a location or premises may gain entry by any means that are appropriate in the circumstances to (

i) any enclosure or container, or (ii) any interior room of the premises; (

e) where a bailiff has used force to gain entry to a location or premises, the bailiff must make that location or premises reasonably secure before leaving the location or premises; (

f) a seizure is valid notwithstanding any irregularity in the procedure by which it was carried out; (

g) notwithstanding clause (f) , the Court may order a seizure to be discontinued where the Court is satisfied that a person

RSA 2000

Section 13

Chapter C-15 CIVIL ENFORCEMENT ACT 21 has been or is likely to be prejudiced by an irregularity in the procedure by which the seizure was carried out; (

h) a bailiff, at the time of sei zure or at any time after carrying out the seizure, may remove for safekeeping the personal property that is under seizure; (

i) a bailiff may appoint the debtor or some other person as bailee of the personal property that is under seizure if the debtor or other person signs an undertaking (

i) to hold the property for the bailiff and the agency, and (ii) to deliver up the property to the bailiff or the agency o n demand by the bailiff or agency; (

j) a debtor who has possession of or control over personal property that is under seizure and has been served with the seizure documents or the documents authorizing the carrying out of the distress in respect of that property (

i) holds that property as bailee for the bailiff and the agency, and (ii) must deliver up that personal property to the bailiff or the agency (

A) when required to do so by the bailiff or the agency, and (

B) at a location specified by the bailiff or the agency, whether or not the debtor has signed an undertaking referred to in clause (i); (

k) where a person (

i) is under a duty to deliver to a bailiff or an agency personal property that is under seizure, and (ii) defaults in delivering the personal property to the baili ff or agency within a reasonable time after being required to do so by the bailiff or the agency, the Court on application may ho ld that person liable for civil contempt and award damages and costs against that person. RSA 2000 cC-15 s13;2002 c17 s1(5)

RSA 2000

Section 13.1

Chapter C-15 CIVIL ENFORCEMENT ACT 22 Fees and interest 13.1 In addition to the amount recovered by the judgment, there may be levied under any writ of enforcement (

a) the fees and expenses incu rred in enforcing the writ of enforcement, and (

b) interest on the amount recovered. 2009 c53 s2 Rendering of account 13.2 An agency that has rendered a statement of account for the provision of services under this Act shall, at the request of an enforcement debtor or a creditor of the enforcement debtor, provide to that person a detailed account of all fees and disbursements for which the statement of account was rendered. 2009 c53 s2 Complaints 14(1) Where the sheriff (

a) receives a complaint with r espect to any matter concerning (

i) civil enforcemen t proceedings or any proceedings that are purported to be civil enforcement proceedings, (ii) the actions or conduct of an agency, any employee or officer of an agency or a bailiff, or (iii) the actions or conduct o f any person who is not an agency or a bailiff but is or appears to be involved in carrying out civil enforcement proceedings or any proceedings that are purported to be civil enforcement proceedings, o r (

b) has reasonable ground s for believing that (

i) civil enforcemen t proceedings are not being carried out in accordance with this or any other enactment, (ii) the actions or conduct of any agency, any employee or officer of an agency or a bailiff are not being carried out in accordance with this or any other enactment, or (iii) any agreement between an a gency and the Crown is not being complied with, the sheriff may investigate the matter.

RSA 2000

Section 14

Chapter C-15 CIVIL ENFORCEMENT ACT 23

(2) Subject to subsection (3), for the purposes of carrying out an investigation under this section, (

a) the sheriff or a person acting under the sheriff’s directi on may enter any premises or location, unless entry to the premises or location is refused by the occupant of the premises or location, and may do one or more of the following: (

i) inspect (

A) the premises or location, and (

B) any record, object or thing relating to the matter being investigated; (ii) make copies or take photographs of any record, object or thing referred to in subclause (i)(

B) or remove it for the purpose of making copies or taking photographs; (iii) make inquiries of a ny person in respect of (

A) any record, object or thing referred to in subclause (i)(B), and (

B) any action taken or carried out by an agency, an employee or officer of an agency, a bailiff or other person involved in civil enforcement proceedings or proceedings purported to be civil enforcement proceedings; (

b) notwithstanding clause (a), the sheriff or a person acting under the sheriff’s direction shall not enter a residence without the permission of an adult resident of that residence unless otherwise authorized by the Court; (

c) if the sheriff or a person acting under the sheriff’s direction removes any record, object or thing under clause (a)(ii), that person must (

i) give to the person from whom the items were taken a receipt for the items, and (ii) as soon as practicable ret urn the items to the person from whom they were taken when they have served the purposes for which they were taken.

(3) In carrying out an investigation under this

section concerning the actions or conduct of any person who is not an agency, an

RSA 2000

Section 14

Chapter C-15 CIVIL ENFORCEMENT ACT 24 employee or officer of an agency or a bailiff, the sheriff shall only exercise the powers permitted under subsection (2) (

a) with the permission of that person, or (

b) pursuant to an order of the Court.

(4) Where the sheriff or a person acting under the sheriff’s direction has gained lawful entry to premises or a location, a person shall not impede the sheriff or a person acting under the sheriff’s direction in the carrying out of any duty or function under this section.

(5) If the sheriff or a person acting under the sheriff’s direction (

a) is refused entry to a ny premises or location, (

b) has reasonable expectation that entry to any premises or location will be refused, (

c) is impeded in any manner from carrying out a duty or function under this section, or (

d) has reasonable grounds to believe that the carrying out of a duty or function under this

section may be impeded, the sheriff may apply to the Court for an order authorizing entry into the premises or location and restraining any person from impeding the carrying out of any duty or function under this section.

(6) Where the sheriff carries out an investigation under this section, the sheriff may, for the purpose of ensuring that this or any other enactment respecting civil enforcement proceedings is being complied with or any agreement between an agency and the Crown is being complied with, issue written directions (

a) directing a person to co mply with this or any other enactment; (

b) directing a person to comply with any agreement entered into between that person and the Crown under this Act or in respect of civil enforcement proceedings; (

c) governing the carryin g out of civil enforcement proceedings; (

d) requiring a person to adop t certain practices or other procedures;

RSA 2000

Section 15

Chapter C-15 CIVIL ENFORCEMENT ACT 25 (

e) prohibiting a person from carrying out civil enforcement proceedings or certain practices or procedures respecting civil enforcement proceedings.

(7) Where written directions are issued by the sheriff under subsection (6) and (

a) the person to whom the writte n directions are given does not comply with the directions or any portion of the directions, the sheriff may apply to the Court for an order directing the person to comply with the written directions, or (

b) the person to whom the wr itten directions are issued wishes to dispute the written directions, the person may apply to the Court for a review of the written directions and an order rescinding or varying the written directions.

(8) With respect to matters coming under this section, nothing in this

section shall be construed so as to limit the exercise by the sheriff of any rights or powers given to the sheriff pursuant to an agreement entered into under

section 9 respecting access to and the search of premises or a location and the seizure of any property. 1994 cC-10.5 s14 Offence 15(1) A person who does any of the following is guilty of an offence: (

a) except where auth orized under an enactment, carries out or attempts to carry out the functions that may be carried out only by an agency unless that person is an agency; (

b) except where authorized und er an enactment, carries out or attempts to carry out the functions that may be carried out only by a bailiff unless that person is a bailiff; (

c) p u r p o r t s t o b e (

i) an agency, or (ii) willing or otherwise in a position to carry out the functions of an agency, unless that person is an agency; (

d) purports to be (

i) a bailiff, or

RSA 2000

Section 15

Chapter C-15 CIVIL ENFORCEMENT ACT 26 (ii) willing or otherwise in a position to carry out the functions of a bailiff, unless that person is a bailiff; (

e) p u r p o r t s t o b e (

i) a sheriff, or (ii) willing or otherwise in a position to carry out the functions of a sheriff, unless that person is a sheriff; (

f) purports to be acting under the supervision or directions of a sheriff unless that person is acting under the supervision or directions of a sheriff; (

g) where the regulations prescribe the period of time in a da y during which a seizure or eviction may be carried out, carries out a seizure or eviction at a time other than that permitted under the regulations; (

h) by means of threats of carry ing out a seizure or sale obtains, takes or receives any property except as authorized by law; (

i) by means of unlawful force or threats of use of unlawful force (

i) enters or attempts to ente r any location or premises, (ii) seizes, takes or receives an y property or attempts to seize or take any property, or (iii) carries out or attempts to carry out an eviction; (

j) displays the word “agency”, “bailiff”, “sheriff” or “civil enforcement” either alone or as part of a word or in conjunction with any other words (

i) on any business papers or correspondence or similar documents, (ii) on any business or iden tification cards or similar documents, or (iii) on any uniform, insignia, badge or vehicle, where the display of those words might lead the public or a member of the public into believing that the person

RSA 2000

Section 15

Chapter C-15 CIVIL ENFORCEMENT ACT 27 displaying those words is, is employed by or is providing services on behalf of an agency, bailiff or sheriff, except where (iv) the person displaying the word “agency” is employed by or providing services on behalf of any agency, (iv.1) the person displaying th e words “civil enforcement” is employed by or providing services on behalf of any agency, (

v) the person displaying the word “bailiff” is a bailiff, or (vi) the person displaying the word “sheriff” is or is acting under the directions of a sheriff.

(1.1) Notwithstanding subsection 1(

e) and (j), a person designated as a sheriff under another enactment does not, by virtue of the person’s designation as a sheriff under that other enactment and carrying out the powers and duties of a sheriff under that other enactment, (

a) contravene subsection (1)(e), or (

b) contravene subsection (1)(

j) as it relates to displaying t he word “sheriff”.

(2) Where (

a) a corporation is guilty of an offence under subsection (1) , the corporation is liable to a fine of not more than $100 000, or (

b) an individual is guilty of an offence under subsection (1) , the individual is, (

i) in the case of a first offe nce, liable to a fine of not more than $25 000, and (ii) in the case of a 2nd or sub sequent offence, liable to a fine of not more than $50 000 or to a term of imprisonment of not more than 6 months or to both fine and imprisonment.

(3) A prosecution under this

section may be instituted at any time within 12 months after the commission of the alleged offence. RSA 2000 cC-15 s15;2002 c17 s1(6);2011 c20 s3

RSA 2000

Section 16

Chapter C-15 CIVIL ENFORCEMENT ACT 28

Part 3 Prejudgment Relief

Definitions 16 In this Part, (a) “claim” means a claim that m ay result in a money judgment being granted if the claim is established; (b) “claimant” means a person asserting a claim; (c) “dealing”, in reference to p roperty, includes transferring, mortgaging, charging, using, disposing of, creating an interest in or doing anything to the property; (d) “defendant” means a pers on against whom a claim is asserted; (e) “exigible property” means pr operty that would be exigible if the defendant were an enforcement debtor; (f) “third person” means a person other than a defendant or a claimant. 1994 cC-10.5 s16;1995 c23 s6(4) Attachment order 17(1) A claimant may apply to the Court for an attachment order where (

a) the claimant has commen ced or is about to commence proceedings in Alberta to establish the claimant’s claim, or (

b) the claimant has commenced proceedings before a foreign tribunal to establish a claim if (

i) a judgment or award of the foreign tribunal could be enforced in Alberta by action or by proceedings under an enactment dealing with the reciprocal enforcement of judgments or awards, and (ii) the defendant appears to have exigible property in Alberta.

(2) On hearing an application for an attachment order, the Court may, subject to subsection (4), grant the order if the Court is satisfied that (

a) there is a reasonable like lihood that the claimant’s claim against the defendant will be established, and

RSA 2000

Section 17

Chapter C-15 CIVIL ENFORCEMENT ACT 29 (

b) there are reasonable grounds for believing that the defend ant is dealing with the defendant’s exigible property, or is likely to deal with that property, (

i) otherwise than for th e purpose of meeting the defendant’s reasonable and ordinary business or living expenses, and (ii) in a manner that would be likely to seriously hinder the claimant in the enforcement of a judgment against the defendant.

(3) In granting an attachment order, the Court may do one or more of the following: (

a) direct that the order applies (

i) to all or specific exigible property of the defendant, or (ii) to any exigible property to be subsequently identified in writing by a bailiff; (

b) prohibit any dealing with exigible property of the defenda nt; (

c) impose conditions or restrictions on any dealings with exigible property of the defendant; (

d) require the defendant or a person who has possession or control of exigible property of the defendant to deliver up the property to a person identified in the order; (

e) authorize the clerk to i ssue a garnishee summons; (

f) appoint a receiver; (

g) include in the order an y term, condition or ancillary provision that the Court considers necessary or desirable.

(4) The Court shall not grant an attachment order unless the claimant undertakes to pay any damages or indemnity that the Court may subsequently decide should be paid to the defendant or a third person and where the Court grants an attachment order, the Court may require the claimant (

a) to give any additional undertaking that the Court consider s appropriate, and (

b) to provide security in respect of any undertaking.

RSA 2000

Section 18

Chapter C-15 CIVIL ENFORCEMENT ACT 30

(5) When an attachment order is granted, it should be granted in such a manner that it causes as little inconvenience to the defendant as is consistent with achieving the purposes for which the order is granted.

(6) An attachment order shall not attach property that exceeds an amount or a value that appears to the Court to be necessary to meet the claimant’s claim, including interest and costs, and any related writs, unless the Court is of the view that such a limitation would make the operation of the order unworkable or ineffective.

(7) For the purposes of an order made under subsection (3), the following applies: (

a) if the clerk is authorized to issue a garnishee summons,

Part 8, with any necessary modification, applies to that garnishment; (

b) if a receiver is appointed ,

Part 9, with any necessary modification, applies in respect of that receivership; (

c) if the order is to apply to exigible property to be subsequently identified in writing by a bailiff, the writing shall be considered to be included as a part of the order.

(8) Any interested person may apply to the Court to vary or terminate an attachment order. 1994 cC-10.5 s17 Ex parte attachment order 18(1) An application for an attachment order may be made ex parte.

(2) Subject to subsection (3), an attachment order granted on an ex parte application must specify a date, not more than 21 days from the day that the order is granted, on which the order will expire unless the order is extended on an application on notice to the defendant.

(3) If the Court is satisfied that it would be inappropriate for an attachment order granted on an ex parte application to expire automatically after 21 days, the order may specify a later expiry date or specify that it remains in effect until it terminates in accordance with

section 19.

(4) The Court, on application on notice to the defendant, may direct that an attachment order that was granted on an ex parte application remains in effect until the order terminates in accordance with

section 19 or as otherwise directed by the Court.

RSA 2000

Section 19

Chapter C-15 CIVIL ENFORCEMENT ACT 31

(5) If an application under subsection (4) cannot reasonably be heard and determined before the expiry date of the relevant attachment order, the Court may on an ex parte application extend the period of time during which the order remains in force pending the determination of the application.

(6) When an application on notice to the defendant is made under subsection (4) the following applies: (

a) the onus is on the claimant to establish that the attachment order should be continued; (

b) the Court shall not continue the attachment order unless t he circumstances that exist at the time of hearing the application justify the continued existence of the order; (

c) the Court may terminate the order if the Court is satisfied that the claimant failed to make full and fair disclosure of the material information that existed at the time that the claimant made the ex parte application for the attachment order. 1994 cC-10.5 s18 Termination of attachment order 19(1) Subject to

section 18 and except as otherwise ordered by the Court, an attachment order terminates on whichever of the following occurs first: (

a) on the dismissal or discontinuance of the claimant’s proceedings; (

b) on the 60th day from the day of the entry of a judgment in favour of the claimant.

(2) The Court may extend the operation of an attachment order beyond the times set out in subsection (1) if it appears just and equitable to do so. 1994 cC-10.5 s19 Provision of alternative security 20 If property is under attachment pursuant to an attachment order, (

a) the defendant, (

b) any person claiming an inte rest in the attached property, or (

c) the person in whose possession the property was at the tim e of the attachment,

RSA 2000

Section 21

Chapter C-15 CIVIL ENFORCEMENT ACT 32 may have the property released from attachment by providing sufficient alternative security in a form and amount as determined by the Court, having regard to all the circumstances, including the apparent value of the defendant’s interest in the attached property, or by agreement between all interested persons. 1994 cC-10.5 s20 Sale, etc. of attached property 21 On application the Court may authorize the sale or other disposition of property that is subject to an attachment order without the consent of the owner of the property if in the opinion of the Court (

a) the property (

i) will depreciate substantially in value, or (ii) will be unduly expensive to keep under attachment, o r (

b) it is necessary or prudent to sell or dispose of the property for any other reason not referred to in clause (a). 1994 cC-10.5 s21 Registration of attachment order 22 An attachment order may be (

a) registered in the Perso nal Property Registry, and (

b) in the case of land under the Land Titles Act, registered against the certificate of title to the land. 1994 cC-10.5 s22 Priorities 23(1) Subject to subsection (2), priority between an attachment order and the interest of a third person in property to which the attachment order applies shall be determined in accordance with Division 2 of

Part 4 as if the attachment order were a writ.

(2) A third person who in a transaction that is permitted under an attachment order acquires an interest in property to which the attachment order applies acquires that interest free of the attachment order.

(3) Where prior to the expiration of an attachment order (

a) a writ has been issued by a clerk to the claimant in respect of the same proceedings in which the attachment order was granted,

RSA 2000

Section 24

Chapter C-15 CIVIL ENFORCEMENT ACT 33 (

b) the writ is registered in the Personal Property Registry, and (

c) in the case of land, the writ is also registered under the Land Titles Act, that writ has the same priority as the attachment order. 1994 cC-10.5 s23 Commencement, etc. of writ proceedings 24(1) Subject to subsection (2), writ proceedings may be commenced or continued against property that is subject to an attachment order and any money realized through those proceedings may be distributed under

Part 11 without regard to the attaching claimant’s claim.

(2) On application the Court may, where the Court considers that it would be just and equitable to do so, order one or more of the following: (

a) that no writ pro ceedings be commenced or continued against property that is the subject of an attachment order without the permission of the Court until the attachment order terminates; (

b) that money realized throu gh writ proceedings against property that is the subject of an attachment order not be distributed until the attachment order terminates; (

c) that the attachment credito r have the status of an instructing creditor for the purposes of the distribution of the proceeds. RSA 2000 cC-15 s24;2014 c13 s18 Inconsistent actions 25(1) Where a person knowingly assists or participates in dealing with attached property in a manner that is inconsistent with the terms of the attachment order, the Court may order that person to compensate any claimant or enforcement creditor who suffers actual loss as a result of that dealing.

(2) The Court shall not make an order under subsection (1) against a person by reason only of the person having done something that was necessary to meet a legal duty that (

a) arose before the person acquired knowledge of the attachment order, and (

b) was owed to someone other than the defendant.

RSA 2000

Section 25.1

Chapter C-15 CIVIL ENFORCEMENT ACT 34

(3) Nothing in this

section shall be construed so as to restrict the power of the Court to punish for contempt. 1994 cC-10.5 s25

Part 4 Judgments and Writs Division 1 Registration Issuing of writs 25.1(1) A judgment creditor may require the court clerk of the judicial centre where the judgment has been entered to issue in respect of the judgment at any time that the judgment is in force a writ of enforcement in the form required by the Minister.

(2) Notwithstanding subsection (1), if the judgment is for payment within a specified period, the court clerk shall not issue the writ of enforcement until after the expiry of that period. 2009 c53 s2 Assignment 25.2(1) A judgment creditor may, without an order of the Court, make a total or partial assignment of the writ to another person.

(2) The court 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 court 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 j udgment creditor indicating the amount that remains owing to the judgment creditor under the writ, and (

b) a replacement writ to the a ssignee indicating the amount that is owing to the assignee under the writ.

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

a) stands in the place of the w rit that is being replaced, and (

b) must be dated with the same date as that shown on the writ that is being replaced. 2009 c53 s2

RSA 2000

Section 25.3

Chapter C-15 CIVIL ENFORCEMENT ACT 35 Endorsement 25.3 If a writ of enforcement is issued for the purpose 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. 2009 c53 s2 Registration required 26 A judgment creditor may not initiate any writ proceedings in respect of a money judgment (

a) against any personal proper ty unless a writ issued in respect of that judgment is registered in the Personal Property Registry, or (

b) against land unless a writ issued in respect of that judgment is registered in the Personal Property Registry and (

i) in the case of land under the Land Titles Act, is registered under the Land Titles Act, and (ii) in the case of land that is not under the Land Titles Act, is registered, filed or otherwise recorded in accordance with the regulations. 1994 cC-10.5 s26;1996 c28 s9 When writ is in force 27(1) A writ is in force only while the judgment in respect of which the writ is issued is in force.

(2) For the purposes of subsection (1), a judgment is not in force (

a) if it has been satisfied, or (

b) on the expiration of 10 year s from the day that the judgment takes effect unless the judgment is renewed or an action is brought on that judgment within the 10-year period. 1994 cC-10.5 s27;1995 c23 s6(5) New judgment 27.1(1) In this section, (a) “existing judgment” means a judgment that is in force; (b) “existing registration” means, in respect of an existing w rit, (

i) a registration of the wr it in the Personal Property Registry if that registration is still in force;

RSA 2000

Section 27.1

Chapter C-15 CIVIL ENFORCEMENT ACT 36 (ii) a registration of the writ under the Land Titles Act if that registration is still in force; (iii) in the case of land that is not under the Land Titles Act, a registration, filing or recording of the writ in accordance with the regulations if that registration, filing or recording is still in force; (c) “existing writ” means a writ issued in respect of an existing judgment; (d) “new judgment” means a ju dgment that replaces an existing judgment and that has been obtained by suing on the existing judgment or pursuant to proceedings provided for under the Alberta Rules of Court; (e) “new writ” means a writ that is issued in respect of a new judgment.

(2) Where a judgment creditor has obtained a new judgment and has been issued a new writ in respect of that judgment, the judgment creditor may, (

a) if there is not an existing registration in the Personal Property Registry in respect of the matter for which the new writ was issued, register the new writ in the Personal Property Registry; (

b) if there is an existing regi stration in the Personal Property Registry in respect of the matter for which the new writ was issued, submit to the Personal Property Registry a status report to amend the registration in the Personal Property Registry to reflect the particulars of the new writ; (

c) in the case of land that is under the Land Titles Act, register the new writ under the Land Titles Act; (

d) in the case of land that is not under the Land Titles Act, register, file or otherwise record the new writ in accordance with the regulations.

(3) If an existing registration in the Personal Property Registry is amended to reflect the particulars of a new writ, that new writ has, in respect of the Personal Property Registry, the same priority as the existing writ had.

(4) If, in respect of an existing registration under the Land Titles Act, a new writ is registered under the Land Titles Act, that new writ has, in respect of the Land Titles Act, the same priority as the existing writ had.

RSA 2000

Section 28

Chapter C-15 CIVIL ENFORCEMENT ACT 37

(5) If, in respect of an existing registration in the case of land that is not under the Land Titles Act, a new writ is registered, filed or otherwise recorded in accordance with the regulations, that new writ has, in respect of that matter, the same priority as the existing writ had. 2002 c17 s1(7) Duration of registration in Personal Property Registry 28 The registration of a writ in the Personal Property Registry (

a) is in effect for 2 years from the day that it is registered or any longer period that is prescribed by the regulations, and (

b) may be renewed in accordance with the Personal Property Security Act and the regulations under that Act. 1994 cC-10.5 s28 Duration of registration under Land Titles Act 29 The registration of a writ under the Land Titles Act is in effect for the duration of the judgment. 1994 cC-10.5 s29 Error or omission re writ 30 Where writ proceedings have been carried out and there is an error or omission (

a) on the writ, or (

b) in respect of its registra tion in the Personal Property Registry, the Court may, on application, make an order validating any writ proceedings that may have taken place, subject to any interests that may have arisen in the period of time between the issuance of the writ or its registration in the Personal Property Registry, as the case may be, and the correction of the error or omission. 1994 cC-10.5 s30 Division 2 Binding Effect of Writs

Definitions 31 In this Division, (a) “after‑acquired personal pr operty” means personal property acquired by an enforcement debtor after the relevant writ is registered in the Personal Property Registry; (b) “attaches” means, in respect of a security interest, attaches in accordance with the Personal Property Security Act;

RSA 2000

Section 32

Chapter C-15 CIVIL ENFORCEMENT ACT 38 (c) “control” means, in respect of investment property and electronic chattel paper, control in accordance with the Personal Property Security Act; (d) “perfected” means, in resp ect of a security interest, perfected in accordance with the Personal Property Security Act; (

e) the following terms have th e meanings given to them in the Personal Property Security Act: (

i) buyer of goods; (ii) consumer goods; (iii) electronic chattel paper; (iv) equipment; (

v) intangible; (vi) investment property; (vii) money; (viii) new value; (ix) ordinary course of business of the seller; (

x) purchase; (xi) purchase-money security interest; (xii) purchaser; (xiii) security interest; (xiv) seller; (xv) tangible chattel paper; (xvi) value. RSA 2000 cC-15 s31;2023 c5 s2 Knowledge of writ 32 For the purpose of this Division, a person is considered to have knowledge of a writ if that person has knowledge that the relevant property is subject to a writ or is under seizure. 1994 cC-10.5 s32

RSA 2000

Section 33

Chapter C-15 CIVIL ENFORCEMENT ACT 39 When writ binds 33(1) A writ does not bind or otherwise affect an enforcement debtor’s interest (

a) in any personal property, other than while the writ is in force and registered in the Personal Property Registry, (

b) in any land under the Land Titles Act, other than while the writ is in force and registered under the Land Titles Act against the applicable certificate of title, or (

c) in any land that is not under the Land Titles Act, other than while the writ is in force and is registered, filed or otherwise recorded in accordance with the regulations.

(2) A writ, (

a) in the case of personal property, on being registered in t he Personal Property Registry binds all of the enforcement debtor’s exigible personal property; (

b) in the case of land under the Land Titles Act, on being registered under the Land Titles Act binds all of the enforcement debtor’s exigible land described in the certificate of title against which the writ is registered; (

c) in the case of land that is not under the Land Titles Act, on being registered, filed or otherwise recorded in accordance with the regulations, binds or otherwise affects the enforcement debtor’s interest in that land to the extent permitted by the enactments that govern (

i) that land, and (ii) claims made against interests in that land. (3) Subsection (2)(

a) applies to after-acquired personal property of the enforcement debtor from the time that the enforcement debtor acquires that property. 1994 cC-10.5 s33 Subordination of subsequent interests 34(1) Except as otherwise provided in sections 35 to 40 or in any other enactment, an interest acquired in property after the property is bound by a writ is subordinate to the writ.

(2) Where an interest in property is subordinate to a writ,

RSA 2000

Section 35

Chapter C-15 CIVIL ENFORCEMENT ACT 40 (

a) the property is subject to writ proceedings to the same ex tent that the property would have been if the subordinate interest did not exist, and (

b) a person who acquires the property as a result of writ proceedings acquires the property free of the subordinate interest. 1994 cC-10.5 s34 Priority between writs and security interests 35(1) Except as otherwise provided in this Division, a security interest in personal property is subordinate to a writ that binds the property regardless of whether the security interest attaches before or after the personal property became bound by registration of the writ in the Personal Property Registry.

(2) Subject to

section 35(6) of the Personal Property Security Act, a perfected security interest in personal property has priority over a writ that binds the property if (

a) the collateral is investment property and the secured part y has perfected by control, or (

b) at the time the wr it is registered in the Personal Property Registry, (

i) the security interest is perfected, (ii) the security interest is reg istered in the Personal Property Registry, or (iii) the secured party, or a person acting on behalf of the secured party, has possession of the personal property under

section 24 of the Personal Property Security Act.

(3) A perfected purchase-money security interest in personal property has priority over a writ that bound the personal property before the purchase-money security interest was registered or perfected if the security interest was perfected not later than 15 days from the day that (

a) the debtor, or another person at the request of the debtor , obtains possession of the collateral, or (

b) the security interest attach es, in the case of an intangible.

(4) A perfected security interest in serial number goods that are consumer goods or equipment has priority over a writ binding the goods if the goods are not described by serial number entered into

RSA 2000

Section 36

Chapter C-15 CIVIL ENFORCEMENT ACT 41 the field labelled for the receipt of serial numbers in the registration of the writ in the Personal Property Registry at the time (

a) the security interest is reg istered in the Personal Property Registry, or (

b) the secured party, or a person acting on behalf of the sec ured party, obtains possession of the personal property under

section 24 of the Personal Property Security Act.

(5) Where (

a) the registration of a writ in the Personal Property Registry (

i) lapses as a result of a fa ilure to renew the registration, or (ii) has been discharged in error or without authorization, a n d (

b) the writ is re-registered w ithin 30 days after the lapse or discharge, the lapse or discharge of the writ does not affect the priority status of the writ in relation to a competing perfected security interest that immediately prior to the lapse or discharge of the writ had a subordinate priority position, except to the extent that the competing security interest secures advances made or contracted for after the lapse or discharge and prior to the re-registration of the writ.

(6) The priority of a writ in relation to a security interest in personal property as provided by this or any other Act is not affected by measures taken to enforce the security interest or the writ. RSA 2000 cC-15 s35;2002 c17 s1(8);2023 c5 s2 Buyer or lessee takes free of writ 36(1) A sale or lease under this

section may be (

a) for cash, (

b) by exchange for other property, or (

c) on credit, and includes delivering goods or a document of title to goods under a pre-existing contract for sale but does not include a transfer as security for, or in total or partial satisfaction of, a money debt or past liability.

RSA 2000

Section 37

Chapter C-15 CIVIL ENFORCEMENT ACT 42

(2) A buyer or lessee of goods sold or leased in the ordinary course of business of the seller or lessor takes free from a writ that binds the goods.

(3) A buyer or lessee of goods, other than fixtures, that are acquired as consumer goods takes free from a writ that binds the goods if the purchase price of the goods does not exceed the prescribed amount or, in the case of a lease, the market value does not exceed the prescribed amount.

(4) A buyer or lessee of goods that are (

a) consumer goods or equipment, and (

b) prescribed as serial number goods takes free from a writ binding the goods if the goods are not described by serial number entered into the field labelled for the receipt of serial numbers in the registration of the writ in the Personal Property Registry. RSA 2000 cC-15 s36;2023 c5 s2 Fixtures and growing crops 37(1) Where goods are bound by a writ and while being bound by the writ the goods become a fixture, those goods shall continue to be bound by that writ.

(2) Where (

a) goods that are bound by a writ become a fixture, or (

b) a writ binds a growing crop, a notice of that fact may be registered under the Land Titles Act against the certificate of title for the land.

(3) Any question of priorities between a writ and a security interest in a fixture or a growing crop shall be determined in accordance with

section 36(6) or 37(4) of the Personal Property Security Act.

(4) Where a person acquires an interest in a fixture or a growing crop that is bound by a writ by acquiring an interest in the land on which the fixture or crop is located, that person’s interest is not subordinate to the writ unless the notice referred to in subsection (2) was registered against the certificate of title before the person acquired the interest. (5) Subsections (2), (3) and (4) apply only to land for which a certificate of title has been issued under the Land Titles Act. 1994 cC-10.5 s37

RSA 2000

Section 38

Chapter C-15 CIVIL ENFORCEMENT ACT 43 Transferees and purchasers of funds and negotiable property 38(1) In subsections (2), (3) and (4), “transferee” does not include a person who acquires a security interest in the money, the account or the instrument.

(2) A transferee of money takes free from a writ binding the money if the transferee (

a) acquired the money (

i) without knowledge of the writ, or (ii) for value, whether or not the transferee had knowledge of the writ, a n d (

b) took possession of the money.

(3) Subject to subsection (5), a transferee of funds received by transfer from a deposit account takes free from a writ binding the account if the transferee acquired the funds (

a) without knowledge of the writ, or (

b) for value, whether or not the transferee had knowledge of the writ.

(4) A transferee of an instrument drawn by an enforcement debtor and payable to the transferee takes free from a writ binding the instrument and the account on which the instrument is drawn if the transferee (

a) acquired the instrument (

i) without knowledge of the writ, or (ii) for value, whether or not the transferee had knowledge of the writ, a n d (

b) took possession of the instrument.

(5) A financial institution that receives payment of a debt by means of a transfer from or debit to a deposit account of an enforcement debtor held by the institution takes free from a writ binding the account only if the payment

RSA 2000

Section 39

Chapter C-15 CIVIL ENFORCEMENT ACT 44 (

a) is authorized by the enforc ement debtor at or after the time the debt is payable by the debtor to the financial institution and the authorization of payment is not made by the financial institution as agent of the debtor, (

b) is made by a post-dated cheque drawn by the enforcement debtor, or (

c) is made under a written authorization that is signed by th e enforcement debtor as part of a loan under which the debtor became indebted to the financial institution, and the written authorization (

i) sets out specified amounts to be debited to or transferred from the deposit account at specified times or intervals, or (ii) authorizes debits to or tr ansfers from the deposit account when the credit in the deposit account exceeds a specified amount, and the payment is not made by the financial institution as agent of the debtor.

(6) Nothing in subsection (5) limits the rights of an account debtor provided in

section 41 of the Personal Property Security Act.

(7) A purchaser of an instrument or a negotiable document of title has priority over a writ binding the instrument or negotiable document of title if the purchaser (

a) acquired the instrument o r negotiable document of title for value without knowledge of the writ, and (

b) took possession of the instrument or negotiable document o f title.

(8) A purchaser of chattel paper has priority over a writ binding the chattel paper if the purchaser (

a) acquired the chattel paper for new value in the ordinary course of the purchaser’s business, and (

b) without knowledge of the writ, took possession of tangible chattel paper or obtained control of electronic chattel paper. RSA 2000 cC-15 s38;2006 cS-4.5 s107;2023 c5 s2 Protected purchaser of security 39 A person, other than a secured party, who is a protected purchaser of a security within the meaning of the Securities

RSA 2000

Section 40

Chapter C-15 CIVIL ENFORCEMENT ACT 45 Transfer Act has priority over a writ that binds the security if that person did not have knowledge of the writ at the time the person obtained control of the security. RSA 2000 cC-15 s39;2006 cS-4.5 s107;2023 c5 s2 Priority of liens 40 When a person in the ordinary course of business furnishes materials or services with respect to goods that are bound by a writ, any lien that the person has with respect to the materials or services has priority over the writ unless the lien is given under an enactment that provides that the lien does not have that priority. 1994 cC-10.5 s40 Effect of seizure 41 Subject to

section 35(6) of the Personal Property Security Act, the position of a person who acquires an interest in personal property that is bound by a writ is determined by this Division regardless of whether the personal property has been seized. 1994 cC-10.5 s41 Interaction between writs 42(1) An interest in property is not subordinate to a writ by reason only of the fact that the interest is subordinate to another writ.

(2) Nothing in this

section is to be construed so as to create any priority as between writs. 1994 cC-10.5 s42

Part 5 Seizure of Personal Property Applies to all exigible personal property 43(1) For the purposes of enforcing a writ, all exigible personal property of an enforcement debtor is liable to seizure.

(2) Subject to this Act, any exigible personal property of an enforcement debtor that shall be seized pursuant to writ proceedings shall be seized and dealt with in accordance with this Part. 1994 cC-10.5 s43;1996 c28 s9 Demand on third person 44(1) Where there are reasonable grounds for believing that exigible personal property of an enforcement debtor is in the possession or control of a third person, the agency may and, if so instructed by the instructing creditor, must serve a demand on the third person requiring the third person to deliver the property to the agency or make it available for seizure within 15 days from the day that the demand is served on the third person.

RSA 2000

Section 45

Chapter C-15 CIVIL ENFORCEMENT ACT 46

(2) A third person on whom a demand is served under this

section must forthwith (

a) deliver the property to the agency, (

b) advise the agency of the p lace at which seizure of the property may be effected and take reasonable steps to ensure that the property remains at that place until it is seized, or (

c) where the third person has a right as against the enforcem ent debtor to retain the property or does not have possession or control of the property, advise the agency that the third person is not required to comply with clause (

a) or (

b) by reason that the third person (

i) has a right as against the enforcement debtor to retain the property, or (ii) does not have possession or control of the property.

(3) Where a third person complies with a demand made under this section, the agency must compensate the third person for any expenses reasonably incurred by the third person in complying with that demand.

(4) A third person who without reasonable excuse fails to comply with a demand made under this

section must compensate the enforcement creditors with a related writ for any pecuniary loss suffered by them as a result of the non-compliance.

(5) When an agency takes possession of property from a third person in respect of whom a demand was made under this section, the third person is discharged of any responsibility that the third person may have been under to hold the property for, or return it to, the debtor.

(6) This

section does not apply to property held by a securities intermediary, as defined in the Securities Transfer Act, if the enforcement debtor has a security entitlement, as defined in the Securities Transfer Act, against the securities intermediary with respect to that property. RSA 2000 cC-15 s44;2006 cS-4.5 s107 Effecting seizure 45(1) Personal property that is described in a notice of seizure is seized when a bailiff, (

a) while at the place at which the property is located, serves the seizure documents on

RSA 2000

Section 45

Chapter C-15 CIVIL ENFORCEMENT ACT 47 (

i) the enforcement debtor or an adult member of the enforcement debtor’s household, (ii) an adult occupying or working at the location at which the property is located, or (iii) a person who has possessi on of or control over the property, o r (

b) subject to the regulations, attaches to the property documents indicating that the property is seized or posts the notice of seizure in a conspicuous place at the location at which the property is located.

(2) Notwithstanding subsection (1), where this or another enactment sets out a different seizure process in respect of certain property or classes of property, that property is seized when it is seized pursuant to that seizure process.

(3) Where a bailiff effects seizure under subsection (1) or under

section 57(1) but at the time of the seizure did not serve the seizure documents on the enforcement debtor or an adult member of the debtor’s household, an agency must serve the seizure documents on the debtor as soon after effecting seizure as is practicable.

(4) Notwithstanding subsection (3), if an agency is unable to serve the seizure documents (

a) on the enforcement debtor, or (

b) on an adult member of the enforcement debtor’s household, the instructing creditor may proceed in the same manner as if the enforcement debtor had been served with the seizure documents and had filed a notice of objection in respect of the seizure.

(5) A person is guilty of an offence if that person without lawful authority removes, damages or otherwise interferes (

a) with seizure documents or identifying documents that are attached to seized property or posted under subsection (1)(b), or (

b) with any property that is under seizure. 1994 cC-10.5 s45;1997 c18 s3

RSA 2000

Section 46

Chapter C-15 CIVIL ENFORCEMENT ACT 48 Objection 46(1) Where an enforcement debtor wishes to object to a seizure of personal property, the enforcement debtor must within 15 days from the day that (

a) the seizure documents are served under

section 45(1)(a)(

i) on the enforcement debtor or an adult member of the enforcement debtor’s household, or (

b) the seizure documents are served under

section 45(3) on the enforcement debtor, serve a notice of objection in the prescribed form on the agency that carried out the seizure.

(2) On being served with a notice of objection, the agency shall not sell or otherwise dispose of the property unless permitted to do so by the Court.

(3) A notice of objection is void and shall be disregarded if (

a) a reason for the objection is not set out in the notice of objection, or (

b) the notice of objection is not served on the agency within the 15-day period provided for under subsection (1). 1994 cC-10.5 s46 Termination of seizure 47(1) Once personal property is seized, that property remains under seizure until the agency (

a) sells or otherwise disposes of the property under this Act , or (

b) releases the property from seizure.

(2) If personal property has been under seizure for at least 45 days, the agency may give 15 days’ notice of the agency’s intention to release the property from seizure to (

a) every enforcement creditor who, at the time that the notice is given, has a related writ against the enforcement debtor, and (

b) any person who has given notice to the agency under sectio n 48.1.

(3) Unless within the 15-day period referred to in subsection (2) the agency has been directed by a person given a notice under

RSA 2000

Section 48

Chapter C-15 CIVIL ENFORCEMENT ACT 49 subsection (2) to continue the seizure, the agency may release from seizure the property in respect of which the notice was given. (4) Subsections (2) and (3) as amended by

section 3(4) of the Justice and Court Statutes Amendment Act, 2011, apply only to personal property seized on or after the coming into force of this subsection. RSA 2000 cC-15 s47;2002 c17 s1(9);2006 c4 s1;2011 c20 s3 Sale of property, etc. 48 For the purposes of selling seized personal property, the following applies: (

a) subject to clauses (

h) and (i), property must not be sold until the period of time for serving on the agency a notice of objection with respect to the seizure of the property has expired; (

b) subject to clause (a), an ag ency must sell the property as soon after being instructed to do so as is practicable; (

c) the agency may delay the sale if it is commercially reasonable to do so; (

d) subject to this Part, the agency may without an order of t he Court sell the property by any commercially reasonable method; (

e) the agency must, at least 15 days before the day on which the sale is to take place, give notice to the instructing creditor and the enforcement debtor of the method of sale being used; (

f) the agency may sell the property to an enforcement credito r by private sale if (

i) at least 15 days before t he day of the sale, the agency gives notice of the terms of the sale to (

A) the enforcement debtor, and (

B) all of the other enforcement creditors having related writs at the time that the notice is given, a n d (ii) within the 15-day period neither the enforcement debtor nor any of the enforcement creditors having related writs serves on the agency a notice of objection to the sale;

RSA 2000

Section 48.1

Chapter C-15 CIVIL ENFORCEMENT ACT 50 (

g) if an objection to a private sale is served on the agency in accordance with clause (f)(ii), the matter shall be dealt with in the same manner as a notice of objection is dealt with under

section 46; (

h) on application the Court ma y by order permit the agency to effect an expeditious sale or disposal of property where the Court is of the opinion that in the circumstances it is appropriate to sell or dispose of the property in an expeditious manner; (

i) notwithstanding clauses (

a) and (e), the agency may at any time without an order of the Court effect an expeditious sale of property that is perishable or is rapidly declining in value or an instrument or a security, and the proceeds arising from that sale (

i) stand in the place of the i nstrument, security or property that was sold, and (ii) must not be distributed until the period for the enforcement debtor to serve a notice of objection under

section 46 has expired; (

j) subject to

section 34(2), when property is sold, (

i) the buyer obtains only the interest in the property (

A) of the enforcement debtor, and (

B) of any other person with an interest in the property who has consented to the sale or disposition of the interest, a n d (ii) the sale of the property does not adversely affect the rights or interest of any other person in the property. RSA 2000 cC-15 s48;2002 c17 s1(10); 2006 cS-4.5 s107 Notice re personal property already subject to civil enforcement proceedings 48.1(1) A person who has a right of distress against personal property that is already subject to writ proceedings may give notice of that person’s claim to the civil enforcement agency that is conducting the writ proceedings.

(2) An enforcement creditor may give notice of that person’s claim against personal property that is already subject to distress

RSA 2000

Section 48.2

Chapter C-15 CIVIL ENFORCEMENT ACT 51 proceedings to the civil enforcement agency that is conducting the distress proceedings. 2006 c4 s1 Personal property already under seizure 48.2(1) A person who has a right of distress against personal property that is already under seizure pursuant to other civil enforcement proceedings (

a) may distrain against the se ized property notwithstanding that it is already under seizure; (

b) after having distrained against the seized property under clause (a), may, with the prior written consent of the person with control of the civil enforcement proceedings, assume control of the civil enforcement proceedings relating to the seized property.

(2) An enforcement creditor who wishes to seize personal property that is already under seizure pursuant to a right of distress (

a) may seize the property not withstanding that it is already under seizure; (

b) after having seized the pro perty under clause (a), may, with the prior written consent of the person with control of the civil enforcement proceedings, assume control of the civil enforcement proceedings related to the seized property.

(3) Any action taken under subsection (1) or (2) does not affect priority to the seized property or its proceeds.

(4) A person who has assumed control of civil enforcement proceedings pursuant to subsection (1) or (2) is responsible for the personal property and any storage costs incurred in respect of that property. 2006 c4 s1;2011 c20 s3

Part 6 Special Seizure Mechanisms Application of

Part 49 Except where it would conflict with this Part,

Part 5 applies to seizure proceedings against property governed by this Part. 1994 cC-10.5 s49

RSA 2000

Section 50

Chapter C-15 CIVIL ENFORCEMENT ACT 52 Division 1 Property Other than Securities Cash and instruments 50 For the purposes of seizing and dealing with cash and instruments, the following applies: (

a) seized cash may not be distributed as enforcement proceeds until the expiration of the time within which the enforcement debtor may serve a notice of objection in accordance with

section 46(1); (

b) the seizure of an instrum ent constitutes the agency that seized the instrument as the irrevocable agent of the enforcement debtor for the purpose of liquidating the instrument; (

c) without restricting the generality of clause (b), the agen cy that seized an instrument may do one or more of the following as if the agency had been specifically authorized by the enforcement debtor to do so: (

i) present the instrument fo r payment and receive payment on it; (ii) sue any person liable on t he instrument in the name of the debtor; (iii) negotiate the instrument; (

d) an agency that endorses an instrument on behalf of the enforcement debtor must do so in a manner that will exclude recourse against the enforcement debtor. 1994 cC-10.5 s50 Secured obligations 51 For the purposes of seizing and dealing with a secured obligation, other than a security or an obligation evidenced by an instrument, the following applies: (

a) seizure of a secured obligation is effected by (

i) identifying the obligation and the security for it in the notice of seizure, (ii) registering the notice of s eizure in the Personal Property Registry,

RSA 2000

Section 52

Chapter C-15 CIVIL ENFORCEMENT ACT 53 (iii) if the collateral for the secured obligation is land, registering under the Land Titles Act the notice of the seizure against the certificate of title to the land, and (iv) serving the seizure documents on the enforcement debtor; (

b) if the enforcement debtor’s security has not been registered in the Personal Property Registry or under the Land Titles Act when the secured obligation is seized, an agency may register the security in the Personal Property Registry or under the Land Titles Act, as the case may be; (

c) after seizing a secured oblig ation, an agency may serve the notice of seizure on the person liable to pay the obligation and after being served with the notice that person must pay to the agency any amount that is or becomes payable in respect of the obligation; (

d) after serving the notice of seizure on the person liable t o pay the obligation, an agency, as an alternative to selling the secured obligation under

Part 5, may collect the obligation through any proceedings, including an action or enforcement of the security, that could otherwise have been taken by the enforcement debtor. RSA 2000 cC-15 s51;2006 cS-4.5 s107 Agricultural products 52 For the purposes of seizing and dealing with agricultural products, the following applies: (

a) an agency may seize grow ing crops of an enforcement debtor; (

b) a growing crop must not be sold until it has been harvested; (

c) an agency has the same rights and duties as the enforcemen t debtor regarding the sale of seized agricultural products under any applicable marketing legislation or plan; (

d) unless the enforcement debt or undertakes to harvest a seized crop, an agency may require the instructing creditor to provide security for the payment of any harvesting expenses that may be incurred by the agency; (

e) if the instructing creditor does not provide the requested security, the agency may release the crop from seizure; (

f) any harvesting or marketing expenses incurred by an agency in connection with a seized crop are a first charge on and

RSA 2000

Section 53

Chapter C-15 CIVIL ENFORCEMENT ACT 54 payable out of the proceeds of the crop in priority to any other claim or right in the property including any security interest, lien, charge, encumbrance, mortgage or assignment whether arising pursuant to a statute or otherwise; (

g) the benefit of the charge referred to in clause (

f) extend s to an enforcement creditor who has paid the harvesting expenses incurred by an agency. 1994 cC-10.5 s52 Fixtures 53 For the purposes of seizing and dealing with fixtures, the following applies: (

a) a fixture may be seized a nd sold as personal property (

i) in the circumstances s et out in clause (b), or (ii) as authorized by the Court; (

b) a fixture that is bound by a writ may be seized and sold in accordance with

Part 5 if (

i) the fee simple interest in the land to which the fixture is affixed is not beneficially owned by the enforcement debtor, and (ii) any interest in the fixture of a person who has an interest in the land is subordinate to the writ; (

c) an agency that seizes a fix ture must serve on each person who appears on the records of the Registrar of Land Titles, at the time the notice is given, to have an interest in the land a notice containing (

i) a description of the seized fixture and of the land to which it is affixed, (ii) the amount for which writs are alleged to have priority over the person’s interest in the fixture, and (iii) a statement that the fixture may be removed and sold unless the amount referred to in clause (

g) is paid on or before a specified date that is not less than 15 days from the day that the notice is served; (

d) the notice given under clause (

c) may be served in accordance with this Act or by registered mail addressed to the address of the person to be notified as it appears in the records of the Registrar of Land Titles;

RSA 2000

Section 54

Chapter C-15 CIVIL ENFORCEMENT ACT 55 (

e) a person who is entitled to receive a notice under clause (

c) may apply to the Court for an order postponing removal of the fixture from the land or for the determination of any issue relating to the seizure; (

f) if a fixture is seized and r emoved, any person other than the enforcement debtor who had an interest in the land at the time that the fixture was affixed to the land (

i) is entitled to reimburseme nt from the agency for any damage to that person’s interest caused during the removal of the fixture, but (ii) is not entitled to reimbursement for diminution in the value of the land caused by the absence of the fixture or the need to replace it; (

g) any person with an interest in the land to which a fixture is affixed may retain the fixture by paying to the agency the lesser of (

i) the amount for which the pe rson’s interest in the fixture is subordinate to any writs, and (ii) the market value of the fixture; (

h) if the appropriate paymen t is made to the agency under clause (g), the fixture ceases to be bound by any writ against the enforcement debtor. 1994 cC-10.5 s53 Serial number goods 54 Serial number goods may be seized (

a) in accordance with

Part 5, or (

b) subject to the regulations, by (

i) registering in the Personal Property Registry a notice of the seizure that identifies the goods by serial number, and (ii) serving the seizure documents on the enforcement debtor. 1994 cC-10.5 s54 Mobile homes 55 For the purpose of acquiring possession of a seized mobile home, the following applies:

RSA 2000

Section 56

Chapter C-15 CIVIL ENFORCEMENT ACT 56 (

a) w h e r e (

i) the mobile home is occupied by the enforcement debtor or some other person, and (ii) the occupant fails, on demand, to deliver up possession of the mobile home, the instructing creditor, on notice to the occupant, may apply to the Court for an order directing the occupant to deliver up possession of the mobile home; (

b) an agency may obtain possession of the mobile home as authorized by the order referred to in clause (

a) if (

i) the occupant has been served with the order, and (ii) the occupant has failed to deliver up possession of the mobile home as directed by the order. 1994 cC-10.5 s55 Division 2 Securities

Definitions 56(1) In this Division, “Alberta private company” means a corporation other than a distributing corporation within the meaning of the Business Corporations Act.

(2) In this Division, “appropriate person”, “endorsement”, “entitlement order”, “instruction”, “issuer”, “securities intermediary” and “security entitlement” have the same meaning as in the Securities Transfer Act. RSA 2000 cC-15 s56;2006 cS-4.5 s107 Effecting seizure 57(1) An agency may seize the interest of an enforcement debtor in a security or a security entitlement in accordance with sections 47 to 51 of the Securities Transfer Act.

(2) Notwithstanding

section 48 of the Securities Transfer Act, an agency may seize the interest of an enforcement debtor in a security issued by an Alberta private company by serving a notice of seizure on the issuer at the issuer’s chief executive office.

(3) If a seizure under this

section is by notice to an issuer or securities intermediary, the seizure becomes effective when the issuer or securities intermediary has had a reasonable opportunity to act on the seizure, having regard to the time and manner of receipt of the notice.

RSA 2000

Section 57.1

Chapter C-15 CIVIL ENFORCEMENT ACT 57

(4) If an enforcement debtor’s interest in a security or a security entitlement is seized in accordance with this

section and that interest is subject to a prior security interest, (

a) the seizure does not affect the prior security interest, and (

b) notwithstanding sections 57.1 to 64, the ability of the agency to deal with the security or security entitlement is limited to those rights and powers that the enforcement debtor would have had but for the seizure. RSA 2000 cC-15 s57;2006 cS-4.5 s107 Powers of agency on seizure 57.1(1) If an enforcement debtor’s interest in a security or a security entitlement is seized in accordance with

section 57, the agency is constituted as the appropriate person for the purposes of dealing with or disposing of the seized property and, for the duration of the seizure, the enforcement debtor is not the appropriate person for the purposes of dealing with or disposing of the seized property.

(2) On seizure of an enforcement debtor’s interest in a security or a security entitlement in accordance with

section 57, the agency may (

a) do any act or thing that would otherwise have to be done b y the enforcement debtor, or (

b) execute or endorse any document that would otherwise have to be executed or endorsed by the enforcement debtor.

(3) Any endorsement, instruction or entitlement order made by an agency as the appropriate person pursuant to subsection (1) or by a receiver must be accompanied by the certificate of the agency or receiver stating that the endorsement, instruction or entitlement order has been made by the agency or receiver under the authority of this Act. 2006 cS-4.5 s107 Duties of Alberta private company 58 An Alberta private company that has been served with a notice of seizure regarding a security of which the enforcement debtor is the registered holder shall do the following: (

a) send to the agency any documents and allow the agency to inspect any records that the enforcement debtor, as the registered holder of the security, is entitled to receive or inspect;

RSA 2000

Section 59

Chapter C-15 CIVIL ENFORCEMENT ACT 58 (

b) pay to the agency any divid end or other payment in respect of the security that would otherwise be payable by the Alberta private company to the enforcement debtor; (

c) comply with any direction given by the agency regarding the seized security where the Alberta private company would be required to comply with the direction if that direction was given by the enforcement debtor while the security was not under seizure. RSA 2000 cC-15 s58;2006 cS-4.5 s107 Agency may deal with seized property 59 Where an agency has seized a debtor’s interest in a security entitlement by serving a notice of seizure on an intermediary whose securities intermediary’s jurisdiction within the meaning of the Securities Transfer Act is Alberta, the following applies: (

a) the agency is entitled to receive any information or documents relating to the security entitlement that the intermediary is required to give to the enforcement debtor; (

b) the intermediary shall pay to the agency any distribution, dividend or other payment in respect of the security entitlement that would otherwise be payable by the intermediary to the enforcement debtor; (

c) the agency is entitled to give any direction to the intermediary regarding the seized security entitlement that the enforcement debtor would otherwise be entitled to give. RSA 2000 cC-15 s59;2006 cS-4.5 s107 Liability of Alberta private company or securities intermediary 60 An Alberta private company or securities intermediary who fails to comply with a duty imposed on it under

section 58 or 59 is liable for any pecuniary loss suffered by the enforcement creditors as a result of the failure. RSA 2000 cC-15 s60;2006 cS-4.5 s107 Liquidation of security 61(1) An agency may liquidate a seized security by any means that the nature of the security permits.

(2) No restriction on the transfer of a security issued by an Alberta private company applies to the transfer of the security by an agency under this Act.

(3) No restriction on the transfer of a security issued by a cooperative, other than a constraint under

section 114 of the

RSA 2000

Section 62

Chapter C-15 CIVIL ENFORCEMENT ACT 59 Cooperatives Act, applies to the transfer of the security by an agency under this Act. RSA 2000 cC-15 s61;2001 cC-28.1 s448;2006 cS-4.5 s107 Liquidation procedure re non-market securities 62 The following applies only in respect of shares issued by an Alberta private company: (

a) where an Alberta private company has been served with a notice of seizure in respect of certain shares, the Alberta private company must so inform any person who requests information from the Alberta private company regarding the enforcement debtor’s ownership of or ability to transfer those shares; (

b) on being instructed to sell seized shares, the agency shal l serve a notice of intended sale on (

i) the Alberta private company, (ii) any person who, to the knowledge of the agency, would have a preferential right to acquire the shares on a voluntary sale of the shares by the enforcement debtor, and (iii) every registered sharehol der of the Alberta private company, if there are not more than 15 registered shareholders; (

c) the notice of intended sale must set out the method of sale that the agency intends to follow in selling the shares; (

d) after complying with clause (b), the agency shall not take any further steps to sell the shares until 15 days have elapsed from the day that the notice was served under clause (b); (

e) the agency, subject to clause (f), must in selling shares use a method of sale that (

i) follows as closely as po ssible any procedure that the enforcement debtor would be required to follow in order to sell the shares, and (ii) subject to subclause (i), provide to the Alberta private company and the existing shareholders of the Alberta private company a reasonable opportunity to buy or redeem the shares before they are offered for sale to any other person;

RSA 2000

Section 62

Chapter C-15 CIVIL ENFORCEMENT ACT 60 (

f) the agency is not required t o comply with clause (

e) to the extent that the method of sale referred to in clause (

e) would prevent the shares from being sold at all or prevent them from being sold within a reasonable time or for a reasonable price; (

g) a person who would otherwise be entitled to acquire or redeem the shares for a predetermined price or at a price fixed by reference to a predetermined formula is entitled to buy or redeem the shares from the agency for that price unless the Court determines that a sale at that price would unfairly prejudice the enforcement debtor or the enforcement creditors; (

h) at any time before the share s are sold by the agency, any person referred to in clause (

b) may pay to the agency an amount sufficient to discharge all related writs and any outstanding fees or charges of the agency and the taxable fees and disbursements of the instructing creditor, and on paying that amount to the agency that person has a lien on the shares for the amount paid to the agency, plus interest; (

i) on application by the agency or any interested person, the Court may make any order that the Court considers appropriate regarding the method of liquidating seized shares, including an order doing one or more of the following: (

i) approving, with or without modification, or rejecting (

A) the method of sale proposed by the agency or by any other person, (

B) any proposed term of the sale, or (

C) any proposed method of realizing the value of the shares other than through sale; (ii) suspending sale proceedings; (iii) directing that the Alberta private company be liquidated and its proceeds disposed of according to law; (

j) if the agency has sent a no tice of an intended sale to the persons mentioned in clause (

b) and no application is made under clause (

i) before the shares are sold, the method of sale set out in the notice of intended sale is deemed to have met the requirements of clause (e). RSA 2000 cC-15 s62;2006 cS-4.5 s107

RSA 2000

Section 64

Chapter C-15 CIVIL ENFORCEMENT ACT 61 63 Repealed 2006 cS-4.5 s107. Missing security certificate 64 Where (

a) liquidation of the enforcement debtor’s interest in a secu rity issued by an Alberta private company would ordinarily require presentation of a security certificate to the Alberta private company or a transfer agent of the Alberta private company, (

b) the security certificate appe ars to have been lost, destroyed or wrongfully taken, and (

c) the instructing creditor has made satisfactory provision f or indemnification of the Alberta private company against any liability the Alberta private company may incur in respect of the security certificate, the Court on application may require the Alberta private company to acknowledge a transfer or other disposition of the security without presentation of the security certificate. RSA 2000 cC-15 s64;2006 cS-4.5 s107 Effect of transfer 65(1) In addition to any agreement to which a transferee is deemed by

section 146 of the Business Corporations Act or

Part 4, Division 10 of the Cooperatives Act to be a party, a transferee of a security from the agency is deemed to be a party to any shareholders’ agreement regarding (

a) the management of the aff airs of the Alberta private company, or (

b) the exercise of voting rights attached to the seized share s, to which the enforcement debtor was a party at the time of the seizure and of which the transferee had knowledge at the time of the transfer if the shareholders’ agreement contains provisions intended to have the effect of precluding the enforcement debtor from transferring the security except to a person who agrees to be a party to that shareholders’ agreement.

(2) Notwithstanding subsection (1) of this section,

Part 4, Division 10 of the Cooperatives Act and

section 146 of the Business Corporations Act, the Court may grant a declaration that the transferee is not bound by a term or provision of any agreement,

RSA 2000

Section 67

Chapter C-15 CIVIL ENFORCEMENT ACT 62 bylaw or

article that discriminates against the transferee by reason of the transferee acquiring the securities through writ proceedings. RSA 2000 cC-15 s65;2001 cC-28.1 s448;2006 cS-4.5 s107 66 Repealed 2006 cS-4.5 s107.

Part 7 Land Applies to all land 67 For the purposes of enforcing a writ, (

a) all land of the enforcement debtor that is under the Land Titles Act is liable to sale under this Part, and (

b) all land of the enforcement debtor that is not under the Land Titles Act is, subject to the enactments governing that land, liable (

i) to sale, or (ii) to be otherwise dealt with, in accordance with the regulations. 1994 cC-10.5 s67 Instruction to sell 68 To initiate enforcement proceedings to sell land an enforcement creditor must provide to an agency instructions to sell the land and any relevant documents or information that are required by the agency. 1994 cC-10.5 s68 Method of sale 69 An agency may sell land by any method of sale that is commercially reasonable. 1994 cC-10.5 s69 Notice of intention to sell 70(1) Before selling land under this Act, an agency must give notice of intention to sell the land in accordance with the regulations.

(2) If an agency has given notice of intention to sell land, no other agency may give notice of intention to sell the same land while the original notice is still in effect.

RSA 2000

Section 71

Chapter C-15 CIVIL ENFORCEMENT ACT 63

(3) For the purposes of subsection (2), a notice of intention to sell remains in effect until (

a) the notice is withdrawn by the agency that gave it, or (

b) the Court on application by any interested person declares that the notice is no longer in effect. RSA 2000 cC-15 s70;2002 c17 s1(11) Growing crops 71 Growing crops may be sold as part of a sale of land under this

Part if the notice of intention to sell states that the crops are to be sold along with the land. 1994 cC-10.5 s71 Waiting period 72(1) Once the regulations governing the giving of notice of intention to sell have been complied with, an agency shall not, unless otherwise permitted by the Court, offer the land for sale until a waiting period of 180 days has expired from the day that all the requirements of those regulations have been complied with.

(2) A Court may, subject to subsection (3), extend or shorten the 180-day waiting period.

(3) The Court may shorten the 180-day waiting period only if the Court is satisfied that the land is not exempt. 1994 cC-10.5 s72 Exemption 73(1) Before the expiration of the waiting period referred to in

section 72, an enforcement debtor who is an individual may serve on the agency a written claim claiming an exemption under

Part 10.

(2) Unless the Court orders otherwise, an enforcement debtor who serves a written claim in accordance with subsection (1) is presumed to be entitled to the applicable exemption under

Part 10.

(3) Where an enforcement debtor does not within the waiting period referred to in

section 72 serve on the agency a written claim under subsection (1), the enforcement debtor may not, without the permission of the Court, subsequently claim that the land is in whole or in part exempt.

(4) On the expiration of the waiting period referred to in

section 72, the agency may offer the land for sale in accordance with the notice of intention to sell given under this Part. RSA 2000 cC-15 s73;2014 c13 s18

RSA 2000

Section 74

Chapter C-15 CIVIL ENFORCEMENT ACT 64 Sale of land 74(1) At least 30 days before offering land for sale the agency must serve notice of the method of sale on the enforcement debtor and any other person specified by the regulations.

(2) In addition to any information prescribed by the regulations, the notice of the method of sale may set out the minimum price for which the agency proposes to sell the land.

(3) If the notice of the method of sale sets out the minimum price for which the agency proposes to sell the land, the following applies: (

a) the notice must state that any person who objects to the l and being sold for the proposed minimum price must serve a notice of objection on the agency within 30 days from the day of being served with notice of the method of sale; (

b) if any person serves a no tice of objection on the agency within the time mentioned in clause (a), the agency must not sell the land except on terms that are approved of by the Court; (

c) if a notice of objection is not served on the agency withi n the time mentioned in clause (a), the agency may, without an order of the Court, complete the sale of the land for a price that equals or exceeds the proposed minimum price.

(4) If the notice of the method of sale does not set out the minimum price for which the agency proposes to sell the land, the following applies: (

a) on entering into an agreement to sell the land, the agency must serve notice of the terms of the sale on (

i) every person who was served with notice of the method of sale, and (ii) if the instructing credito r is the buyer, every other enforcement creditor with a related writ at the time that the notice is given; (

b) the notice of the terms of sale must state that any person who objects to the terms of the proposed sale must serve a notice of objection on the agency within 15 days from the day of being served with notice of the terms of sale;

RSA 2000

Section 75

Chapter C-15 CIVIL ENFORCEMENT ACT 65 (

c) if a person serves a notice of objection on the agency wit hin the time mentioned in clause (b), the agency shall not complete the sale unless authorized to do so by the Court; (

d) if a notice of objection is not served on the agency withi n the time mentioned in clause (b), the agency may, without an order of the Court, complete the sale. 1994 cC-10.5 s74 Transfer of land 75(1) On presentation to the Registrar of Land Titles of (

a) a transfer of land that is executed by the agency, and (

b) a certificate certifying tha t the agency has complied with the requirements of this Part and that (

i) a notice of objection to the sale was not served on the agency within the period of time prescribed under

section 74, or (ii) a notice of objection to the sale was served on the agency within the period of time prescribed under

section 74 and that the Court has authorized the sale of the land, the Registrar shall, subject to subsection (2), transfer the enforcement debtor’s interest in the land to the transferee free of all writs that were registered against the enforcement debtor’s interest in the land, but unless otherwise ordered by the Court, subject to any other encumbrances or interests that were registered against the enforcement debtor’s interest in the land.

(2) Where an interest in land is sold pursuant to a Court order referred to in subsection (1)(

b) or made under

section 74(3)(

b) or (4)(c), the Registrar shall not transfer the interest until the Registrar has been satisfied by the agency (

a) that all persons who have a right to appeal that order hav e given written undertakings not to appeal the order or, if the order has been appealed, not to take a further appeal, or (

b) in the case of the appropri ate undertakings not being given under clause (a), (

i) that the order is no longer subject to an appeal, or

RSA 2000

Section 76

Chapter C-15 CIVIL ENFORCEMENT ACT 66 (ii) if the order has been appealed, that the appeal has been concluded and the order is no longer subject to a further appeal. 1994 cC-10.5 s75;1995 c23 s6(8) Severance of joint tenancy, etc. 76(1) Writ proceedings against an enforcement debtor’s interest as a joint tenant of land sever the joint tenancy when an agency has entered into an agreement to sell the debtor’s interest.

(2) If a writ is registered against land in which an enforcement debtor holds an interest in joint tenancy and the enforcement debtor dies, the writ shall continue to bind the land in an amount equal to the lesser of (

a) the amount owing on the writ, and (

b) the value that the debtor’s interest in the land would hav e been if the joint tenancy had been severed immediately before the debtor’s death. 1994 cC-10.5 s76

Part 8 Garnishment

Interpretation 77(1) In this Part, (a) “current obligation” means an obligation, or any portion of an obligation, that on the day of service of a garnishee summons on the garnishee (

i) is payable, (ii) is payable on demand, or (iii) is payable on satisfaction of a condition to which secti on 83(1) applies; (a.1) “deposit account” means, notwithstanding

section 1(1)(l) , a chequing, savings, demand or similar account at a financial institution in Alberta, but does not include an account or arrangement under which money is deposited for a fixed term whether or not the term may be abridged, extended or renewed; (b) “employment earnings” means wages, salary, commissions or remuneration for work by an individual however computed;

RSA 2000

Section 77

Chapter C-15 CIVIL ENFORCEMENT ACT 67 (c) “future obligation” means an obligation or any portion of an obligation that is not a current obligation and that (

i) will arise or become payabl e in certain circumstances or at a certain time or times under (

A) an existing agreement or trust, (

B) an issued security, or (

C) the will of a deceased person, (ii) will arise or become payabl e in the ordinary course of events from an existing employment relationship, (iii) is a statutory obligation that is likely to arise or become payable as a result of an event that has occurred, or (iv) may arise or become payable in respect of an existing cause of action; (d) “garnished obligation” means an obligation against which a garnishee summons has been issued; (e) “garnishee” means a person on whom a garnishee summons is served for the purposes of attaching an obligation that is owed or may become owing by that person to an enforcement debtor; (f) “garnishee summons amount” means (

i) the amount for which a garnishee summons was originally issued, or (ii) where the garnishee has b een served with a notice of a change in the amount referred to in subclause (i), the amount set out in that notice; (g) “joint entitlement” means an obligation that is or will be owed to 2 or more persons jointly; (h) “net pay” means, in respect of any month, the total employment earnings payable by an employer to a person in that month minus any deductions prescribed by regulation; (i) “obligation” means a legal or equitable duty to pay money; (j) “pay period” means a period at the end of which a person i s entitled to be paid all or some portion of that person’s employment earnings for that period;

RSA 2000

Section 77.1

Chapter C-15 CIVIL ENFORCEMENT ACT 68 (k) “security” has the meanin g set out in

section 56(1)(e); (l) “statutory obligation” means an obligation imposed by an enactment.

(2) For the purposes of subsection (1)(c), (

a) a reference to an existing st ate of affairs or to an event that has taken place refers to a state of affairs or event that is existing or that has taken place when the relevant garnishee summons is served on the garnishee, and (

b) a reference to an existing agreement includes an agreement that amends or replaces an agreement that was existing when the relevant garnishee summons was served on the garnishee. RSA 2000 cC-15 s77;2023 c5 s2 Irregularity 77.1 Notwithstanding the powers of the Court under

section 5(2), a garnishee summons shall not be set aside for an irregularity unless in the opinion of the Court the irregularity has prejudiced the debtor or garnishee. 2009 c53 s2 General principles re garnishment 78 For the purpose of enforcing a writ by means of garnishment, the following applies: (

a) except as otherwise provided by this or any other enactmen t, any current obligation or future obligation is attachable by garnishment; (

b) an obligation that is evidenced by an instrument is not attachable by garnishment; (

c) a garnishee summons may be issued against more than one obligation; (

d) subject to the regulations, if a garnishee summons is in effect and another garnishee summons is issued against the same obligation, that subsequent garnishee summons is of no effect; (

e) a garnishee summons attach es the garnished obligation when the garnishee summons is served on the garnishee; (

f) an obligation that is owed t o an enforcement debtor by a person carrying on business as a partnership within Alberta may be attached if the garnishee summons is served on the

RSA 2000

Section 79

Chapter C-15 CIVIL ENFORCEMENT ACT 69 partnership within Alberta notwithstanding that one or more members of the partnership do not reside in Alberta; (

g) where a joint entitlement i s owed to an enforcement debtor and any other person, a garnishee summons may be issued against that joint entitlement; (

h) a payment made by a garnishee in accordance with this Part or on a judgment granted under

section 84 discharges the garnishee, to the extent of the payment, as against the enforcement debtor; (

i) a garnishee is entitled to a set-off to which the garnishee would have been entitled in the absence of garnishment proceedings if (

i) the right to the set-off already existed when the garnishee summons was served on the garnishee, (ii) the right to the set-off ar ose after the garnishee summons was served on the garnishee but the set-off arose in consequence of an obligation entered into by the garnishee prior to service of the garnishee summons, or (iii) it would be inequitable not to allow the set-off; (

j) money held in a court