4th Session, 42nd Parliament

(2023) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE NIKI SHARMA

ATTORNEY GENERAL

BILL 27 – 2023

MONEY JUDGMENT ENFORCEMENT ACT

Contents

Part 1 –

Interpretation

Definitions

Application of

definitions from Personal Property Security Act

Meaning of words and expressions also used in Securities Transfer Act

Part 2 – General Principles

Division 1 – Preliminary Matters

Orders respecting payment of money judgments

Division 2 – Scope and Application of Act

Universal exigibility

Prohibition against arrest and imprisonment

When persons may alter applicability of Act by agreement

Offence Act

Part 3 – Registration of Money Judgments and Creation of Enforcement Charges

Division 1 –

Definitions

Definitions for

Part 3

Division 2 – Registration in Money Judgment Registry

Money judgment registry

Registration in money judgment registry

Limitation periods for registering money judgments

Effect of registration – enforcement charge on personal property

Money judgments unenforceable unless registered

Invalidity of registration and absence of enforcement charge

No constructive notice of registration

Amendment and discharge of registration

Amendment of registration

Giving written demand

Amendment and discharge of registration by civil enforcement officer

Effect of amending registration

Extinguishment of enforcement charges

Removal of registration

Fees

Division 3 – Subsequent Dealings with Personal Property

Effect of subsequent dealings with personal property

Division 4 – Searches of Money Judgment Registry

Searches of money judgment registry

Division 5 – Registration in Land Title Office

Definition

Registration in land title office

Orders under Fraudulent Preference Act

Effect of registration – enforcement charge on land

Erroneous registration of money judgment

Additional compensation

Notice of enforcement charge on fixtures and crops

Amendment and discharge of land title registration

Extinguishment of enforcement charges

Part 4 – Priority of Enforcement Charge

Priority of enforcement charge on personal property same as security interest

Priority of enforcement charge on fixtures and crops

Priority of enforcement charge on seized security, security entitlement or futures contract

Enforcement charge not enforceable against trustee in bankruptcy

Priority of enforcement charge on land

Priority of enforcement charge with respect to serial numbered goods

Part 5 – Civil Enforcement Officers

Powers of civil enforcement officer

Civil enforcement officer's power to deal with property

Delegation of power or duty to give notices or other documents

Part 6 – Enforcement Instructions

Giving enforcement instructions to civil enforcement officer

Civil enforcement officer to take enforcement proceedings

Multiple enforcement instructions

Amendment of enforcement instructions

Withdrawal of enforcement instructions by judgment creditor

Suspension or termination of enforcement proceedings

Part 7 – Obtaining Information

Division 1 – Obtaining Information from Judgment Debtors

Definition

Request for identification information

Requiring submission of disclosure statement

Requiring examination of judgment debtor

Division 2 – Information from Prescribed Entities

Information in custody or control of prescribed entities

Division 3 – Applications to Court

Application to court – disclosure of information by prescribed persons

Application to court – attendance before court or disclosure of information

Other orders

Division 4 – General

Conduct of examination

Expenses of person being examined

Costs of examiner

Civil enforcement officer must disclose information to other judgment creditors who make request

Limitation on collection, use and disclosure of information

Limitation on examination

Enforcing orders under this Part

Part 8 – General Rules Relating to Seizure of Property

Division 1 – Application

Application of this Part

Division 2 – Seizure of Property

What property may be seized

How property may be seized

Duty to maintain land

Notice of seizure

Person in possession of seized personal property deemed bailee

Release of seized property

Seizure preserved despite irregularity

Part 9 – Seizure and Disposition of Specific Types of Property

Division 1 – Seizure and Disposition of Fixtures and Crops

How fixtures and crops may be seized

How aquatic plants may be seized

When civil enforcement officer may seize and dispose of fixtures

Civil enforcement officer may arrange for harvest of crops

Notice of severance or disposition of fixtures or crops

Dispensing with notice or postponing severance

Preventing severance or disposition of fixtures or crops

Limitations on severance and removal

Release from seizure if security not provided

Division 2 – Seizure of Interests Under Lease, Contract of Sale or Security Agreement

Definition

How interest of lessor, seller or secured party may be seized

Seizure includes payment obligation

Obligation of lessee, buyer or debtor to make payments to civil enforcement officer

Civil enforcement officer may exercise same rights as lessor, seller or secured party

How interest of lessee, buyer or debtor may be seized

Civil enforcement officer may exercise same rights as lessee, buyer or debtor

Effect of contractual provisions on seizure

Division 3 – Seizure of Existing and Future Accounts and Other Debts

Definition

Interpretation

Deemed election – future account

Deemed election – employment remuneration

Location of accounts

Seizure of accounts

Seizure of amounts payable under trusts

Obligations of account debtor on seizure

Seizure of income

Seizure of accounts owed by government to public servants

Seizure of income not to affect employment

Set-off permitted

Deduction of set-off and compensation amounts

Application to court

Payment discharges account debtor's obligation

Seizure of money in possession of civil enforcement officer

Seizure of money in court

Assigned accounts and accounts subject to security interests

Release of portion of seized account

Division 4 – Securities, Security Entitlements and Futures Contracts

Interpretation

Application of Division 2 of

Part 8 and

Part 10 to this Division

Court order

How securities, security entitlements and futures contracts may be seized

Effect of seizure – general

Effect of seizure of security

Effect of seizure of security entitlement or futures contract

Transfer or redemption of security entitlement or futures contract to or by third party

Effect of transfer prohibitions or restrictions in corporate instrument

Civil enforcement officer may request information

Notice of disposition

Procedure for disposition

Disposition at predetermined price or formula

Discharge of enforcement charge on security

Disposition of additional securities

Disposition of seized security

Person purchasing security under this Division

Division 5 – Seizure and Disposition of Other Property

How licences may be seized

How licences may be disposed of

How intellectual property may be seized

How trade secrets may be seized

How trade secrets may be disposed of

Effect of seizure – intellectual property

Disposition of intellectual property

Part 10 – General Rules Relating to Disposition of Property

Division 1 – Application

Application of this Part

Division 2 – Manner of Disposition

Manner of disposition

Division 3 – Disposition of Property

What property may be disposed of

Notice of disposition

Notice of disposition not required

Court may intervene

Redemption of seized property and discharge of registration

Transfer following disposition of land

Division 4 – Effect of Disposition

Purchaser of seized property takes free of subordinate interests

Division 5 – Irregularities

Disposition preserved despite irregularity

Part 11 – Special Rules for Co-Owned Property and Partnership Property

Division 1 – Application

Application of this Part

Division 2 – Joint Tenancy

Severance of joint tenancy

Division 3 – Co-Owned Property

Presumption of equal interests in co-owned property

Right of co-owner to purchase interest of judgment debtor

Application to court respecting co-owned property

Division 4 – Partnership Property

Presumption of equal interests in partnership property

Effect of partnership agreement on enforcement proceedings

When judgment debtor ceases to be partner

Right of partner to purchase interest of judgment debtor

Application to court respecting partnership property

Part 12 – Receivers

Appointment of receiver

Remittance by receiver

Appointment of receiver – partnerships

Part 13 – Exemptions

Division 1 –

Interpretation and Application

Definitions

Interpretation

Who may make exemption claim

Division 2 – Exemptions for Income

Interpretation

Exemption claims in relation to income

Court orders in relation to income

Division 3 – Exemptions for Property Other Than Income

Registered plans exempt

Property that may be claimed as exempt

Property that may not be claimed as exempt

Court may declare account to be exempt

Division 4 – Exemption-Related Restrictions on Civil Enforcement Officers

Civil enforcement officer must not take possession of property if likely exempt

Civil enforcement officer must not seize eligible income if likely exempt

Division 5 – Exemption Procedure

Requirement to provide judgment debtor with written information on exemptions

Giving notice of exemption claim to civil enforcement officer

Procedure in relation to property other than income

Procedure in relation to income

Division 6 – Validity of Exemption Claims

Determination of validity of exemption claim by civil enforcement officer

Application to court to determine validity of exemption claim

Recovery of amounts owing to government and distress for rent

Exemption claims determined to be valid

Exception for subordinate secured creditors

Payment discharges obligation of civil enforcement officer

Proceeds of exempt property and exempt income

Part 14 – Distribution

Division 1 –

Interpretation and Application

Definitions and

interpretation

Application of this Part

Division 2 – Distributable Fund

Establishment of distributable fund

Civil enforcement officer may request information

Distribution of distributable fund

Timing of distribution

Consolidation of distributable funds

Division 3 – Distribution Scheme

Notice of distribution scheme

Objection to distribution scheme

Amendment of distribution scheme

Application to court in respect of distribution scheme

Application to court by civil enforcement officer

Court order in respect of validity of objection

Notice of amended distribution scheme

Division 4 – Distribution

Payments out of distributable fund

Reporting and correcting errors in distribution

Part 15 – Third Person Claims

Division 1 –

Interpretation

Definition

Division 2 – Third Person Claims Procedures

Third person claim notice

Limitations if third person claim not made in timely fashion

Stay of disposition or stay of distribution of proceeds

Procedure relating to third person claims

Discontinuance of enforcement proceedings

Division 3 – Interpleader Procedures

Application for interpleader order

Possession of disputed property during interpleader proceedings

Disposition of specified property pending outcome of interpleader proceedings

Part 16 – General Provisions

Division 1 – General Matters

Standard of conduct

Failure to comply with Act

Interference with civil enforcement officer or receiver

Recovery of loss caused by error in money judgment registry

Claimant under Crown Proceeding Act

Immunity – civil enforcement officer

Division 2 – Applications to Court

Applications to court

Division 3 – Power to Make Regulations

General power to make regulations

Specific power to make regulations

Commencement

This Bill provides for the enforcement of court orders that require judgment debtors to pay sums of money to judgment creditors. It does so by providing for the following:

the administration and operation of a money judgment registry;

procedures for the registration of money judgments and the creation of enforcement charges;

powers and duties of civil enforcement officers;

the entitlement of appropriate parties to receive information about the assets of judgment debtors;

the seizure and disposition of property;

rules relating to receivers;

exemptions for certain income and property;

the distribution of funds;

procedures for third person claims.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 –

Interpretation

Definitions

1 In this Act:

"accession" means goods that are installed in or attached to other goods;

"account" means a monetary obligation, other than a monetary obligation evidenced by a negotiable instrument or security, that is due to a judgment debtor by a person, whether or not payable or specific as to amount, including

(

a) a monetary obligation under a term deposit contract,

(

b) an insurance contract,

(

c) a letter of credit,

(

d) a guarantee agreement, and

(

e) an indemnity agreement to make payment to the judgment debtor in the discharge of any liability of the deposit-taking institution, insurer, issuer, guarantor or indemnitor to the judgment debtor;

"account debtor" means

(

a) in relation to an account, a person who is obligated to a judgment debtor under the account, and

(

b) in relation to a future account, a person who will become obligated to a judgment debtor under the future account;

"amount recoverable" , in relation to a registered money judgment, means the total of the following:

(

a) the unsatisfied amount of the money judgment;

(

b) any taxable court costs payable to the judgment creditor under

section 185 (1) (a), (

b) and (g) [distribution of distributable fund] ;

(

c) the fees of the civil enforcement officer and any costs incurred by the officer in relation to enforcement of the judgment;

(

d) the costs of registering a judgment in the money judgment registry or land title registry;

(

e) any prescribed amounts;

"central cooperative credit society" has the same meaning as in the Canadian Payments Act ;

"civil enforcement officer" means a person who is appointed under

section 3 (1) [court bailiffs] of the Sheriff Act ;

"co-owned property" means property, other than partnership property, that is owned by a judgment debtor and another person as joint tenants or tenants in common;

"court" , unless the context requires otherwise, means the Supreme Court;

"Crown land" has the same meaning as in

section 1 of the Land Act ;

"deposit account" means a savings account, passbook account, chequing account or similar demand account at a deposit-taking institution, but does not include either of the following:

(

a) an account under which money is deposited for a fixed term, whether or not the term may be shortened, extended or renewed;

(

b) an account under which a person is obligated to pay a judgment debtor a specified sum of money, with or without interest, at a specified date in the future;

"deposit-taking institution" means

(

a) a person that is, or is eligible to become, a member of the Canadian Payments Association established under the Canadian Payments Act , or

(

b) a credit union that is a shareholder or member of a central cooperative credit society;

"distributable fund" means a fund established under

section 183 [establishment of distributable fund] ;

"due" , in relation to a monetary obligation, means any of the following:

(

a) that the obligation is owed unconditionally even if it may not be payable;

(

b) that payment of the obligation is conditional only on the passage of time;

(

c) if the obligation is subject to a condition other than or in addition to the passage of time, that the condition has been satisfied even if the payment may not be payable on the satisfaction of the condition;

"employment remuneration" , in relation to a judgment debtor, means the total of

(

a) an amount of money due to the judgment debtor under a contract of employment, and

(

b) the fair market value of all goods or services that the judgment debtor is entitled to receive under the contract of employment referred to in paragraph (a);

"enforcement charge" means,

(

a) in relation to personal property, a charge on the property that is created by the registration of a money judgment under

section 11 [registration in money judgment registry] , and

(

b) in relation to land, a charge on the land that is created by registration of a money judgment under

section 28 [registration in land title office] ;

"enforcement instruction" means an enforcement instruction given to a civil enforcement officer under

section 45 [giving enforcement instructions to civil enforcement officer] ;

"enforcement proceeding" means

an act or measure authorized by this Act to be taken for the purpose of enforcing a money judgment, but does not include the registration of a money judgment in the money judgment registry or the land title office;

"exemption value" , in relation to a type of property, means the amount prescribed in relation to that type of property, as referred to in

section 165 (1) (l) [property that may be claimed as exempt] ;

"exigible property" , in relationship to a judgment debtor, means property that is subject to an enforcement charge, including

(

a) partnership property of a partnership in respect of which the judgment debtor is a partner, and

(

b) property that is co-owned by the judgment debtor;

"fixture" includes heating, air conditioning or conveyancing devices and machinery installed in a building or on land for use in carrying on an activity inside the building or on the land, but does not include building materials that are incorporated into a building, including goods attached to a building, if their removal

(

a) 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

(

b) would result in the weakening of the structure of the building or the exposure of the building to weather damage or deterioration;

"future account" means a monetary obligation that would fall within the definition of "account" if the obligation were due at the time of seizure and if either of the following apply:

(

a) the obligation becomes due any time within 12 months after the date that a notice of seizure is given under Division 3 [Seizure of Existing and Future Accounts and Other Debts] of

Part 9;

(

b) the obligation is to make a payment that is one of a series of periodic recurring payments arising from a legal relationship that exists between the account debtor and the judgment debtor on the date that a notice of seizure is given under Division 3 of

Part 9;

"goods" means tangible personal property, fixtures, crops and the unborn young of animals, but does not include chattel paper, a document of title, an instrument, investment property, money, trees other than crops until the trees are severed, or minerals or hydrocarbons until they are extracted;

"income" means money due or payable to the judgment debtor or property to which the judgment debtor is entitled;

"instructing judgment creditor" means a judgment creditor who has given an enforcement instruction to a civil enforcement officer under

section 45 [giving enforcement instructions to civil enforcement officer] ;

"intellectual property" means

(

a) a proprietary right or interest in the following:

(

i) a copyright;

(ii) letters patent for an invention;

(iii) a trademark;

(iv) an industrial design;

(

v) an integrated circuit topography;

(vi) plant breeders' rights, and

(

b) a prescribed type of proprietary right or interest,

but does not include a trade secret or an intellectual property licence;

"intellectual property licence" means a licence that entitles the holder to use, perform, copy or reproduce intellectual property;

"interest" , in relation to property, includes a contingent or equitable interest in the property;

"inventory" means goods that are

(

a) held by a person for sale or lease, or that have been leased by the person as lessor,

(

b) furnished by a person under a contract of service,

(

c) raw materials or work in progress, or

(

d) materials used or consumed in a business;

"judgment creditor" means a person with a right to be paid money under a money judgment;

"land" includes an estate or interest in land, including a unit entitlement under the Strata Property Act , but does not include fixtures or growing crops;

"licence" means a right, whether or not exclusive, that may be transferred by the holder, with or without restriction or the consent of the grantor, and that entitles the holder to

(

a) manufacture, produce, transport, acquire, dispose of, grow, harvest or otherwise deal with property,

(

b) transport persons,

(

c) provide services,

(

d) use, perform, copy or reproduce a work or intellectual property, or

(

e) engage in an undertaking authorized under an enactment,

but does not include a licence in relation to a trade secret or a licence issued under an enactment in relation to unregistered Crown land;

"money judgment" means

(

a) an order or judgment of the Supreme Court, the Court of Appeal, the Provincial Court, the Supreme Court of Canada or the Federal Court of Canada that requires one person to pay another person money, or

(

b) an instrument that is, under an enactment, enforceable as if it were an order or judgment of a court,

but does not include

(

c) a prescribed class or type of order or judgment referred to in paragraph (a), or

(

d) a prescribed class or type of instrument referred to in paragraph (b);

"money judgment registry" means the money judgment registry referred to in

section 10 [money judgment registry] ;

"partnership" means a partnership in which a judgment debtor is a partner;

"partnership property" has the same meaning as in

section 1.1 of the Partnership Act ;

"payable" , when used in relation to a monetary obligation, means that the time for the discharge of the obligation has arrived;

"payment period" means the period to which a payment of income relates;

"personal property" includes the following:

(

a) fixtures and crops;

(

b) intellectual property;

(

c) an intellectual property licence;

(

d) intangible property;

"personal property registry" means the registry established under

section 42 [personal property registry] of the Personal Property Security Act ;

"private dwelling" means

(

a) a structure that is used solely as a private residence, or

(

b) if only part of a structure is used solely as a private residence, that part of the structure;

"realizable value" , in relation to property, means the amount of the proceeds that a civil enforcement officer estimates would be realized from a disposition of the property;

"receiver" means a person appointed by the court

(

a) under

section 155 (1) [appointment of receiver] as a receiver, or

(

b) as a receiver-manager or a receiver and manager;

"registered" , unless the context requires otherwise, means one of the following, as applicable:

(

a) in relation to a money judgment, registered in the money judgment registry or the land title office, as the context requires;

(

b) in relation to land, registered in the land title office;

(

c) in relation to a financing statement, registered in the personal property registry;

(

d) in relation to a plan, registered for the purposes of the Income Tax Act (Canada);

(

e) in relation to a security, registered on books maintained by or on behalf of the issuer of the security;

"release amount" , in relation to seized property, means the total of

(

a) the amounts recoverable by all judgment creditors with an enforcement charge on the property, and

(

b) any amount that must be paid out of a distributable fund established under

Part 14 [Distribution] in relation to the property before the amounts recoverable referred to in paragraph (

a) of this definition are paid out;

"right" , in relation to property, includes a contingent or future right;

"trade secret" means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that

(

a) is used, or may be used, in business or for any commercial advantage,

(

b) derives independent economic value, actual or potential, from it not being generally known to the public or to other persons who could obtain economic value from its disclosure or use,

(

c) is the subject of reasonable efforts to prevent it from becoming generally known, and

(

d) the disclosure of which would result in harm or improper benefit.

Application of

definitions from Personal Property Security Act

2 For the purposes of this Act, the definition of a word or expression in

section 1 (1) of the Personal Property Security Act applies to the use of that word or expression in this Act, unless

(

a) the word or expression is defined in this Act, or

(

b) the context requires otherwise.

Meaning of words and expressions also used in Securities Transfer Act

3 For the purposes of this Act, unless the word or expression is defined in this Act, or the context requires otherwise, the following words and expressions have the same meaning as in the Securities Transfer Act :

(

a) securities account;

(

b) securities intermediary;

(

c) security;

(

d) security certificate;

(

e) security entitlement;

(

f) uncertificated security.

Part 2 – General Principles

Division 1 – Preliminary Matters

Orders respecting payment of money judgments

4 A court that grants a money judgment may make orders

(

a) that require the money judgment to be paid within a specified period of time or by instalments, and

(

b) that stay one or more enforcement proceedings indefinitely or for a specified period of time.

Division 2 – Scope and Application of Act

Universal exigibility

5 Every type of property in which a judgment debtor has an interest may be subject to an enforcement charge and, except as otherwise provided under this Act, an enforcement proceeding.

Prohibition against arrest and imprisonment

6 A person must not be arrested or imprisoned for default in payment of a money judgment.

When persons may alter applicability of Act by agreement

(1) If a cause of action exists that gives rise to a money judgment being enforceable under this Act, the application of a provision of this Act that relates to the money judgment may be waived with the written consent of all persons who would be affected by the application of the provision.

(2) An act or measure taken by a civil enforcement officer for the purpose of enforcing a money judgment is, with the written consent of all interested persons, deemed to have been taken in accordance with this Act.

(3) Despite subsections (1) and (2), a judgment debtor may not, at any time, waive an exemption claim under

Part 13 [Exemptions] .

Offence Act

Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.

Part 3 – Registration of Money Judgments and Creation of Enforcement Charges

Division 1 –

Definitions

Definitions for

Part 3

9 In this Part:

"change statement" , in relation to a money judgment, means a statement that is filed with the registrar for the purpose of amending or discharging the registration of the money judgment;

"extraprovincial judgment" means any of the following:

(

a) a judgment, order or award of the Supreme Court of Canada that relates to an appeal from a court other than the British Columbia Court of Appeal;

(

b) a judgment, order or award of a court of appeal, a superior court or a provincial court of a province or territory other than British Columbia;

(

c) a certificate specifying that an amount is payable to the government of a province or territory other than British Columbia that

(

i) has been filed with a superior court in a province or territory other than British Columbia, and

(ii) is enforceable as a judgment of that court;

(

d) an order of a tribunal that

(

i) has been filed with a superior court in a province or territory other than British Columbia, and

(ii) is enforceable as a judgment of that court;

"judgment statement" , in relation to a money judgment, means a statement that is filed in accordance with

section 11 [registration in money judgment registry] with the registrar for the purpose of registering the money judgment;

"local judgment" means any of the following:

(

a) a judgment, order or award of

(

i) the Supreme Court of Canada relating to an appeal from a British Columbia court,

(ii) the British Columbia Court of Appeal,

(iii) the Supreme Court of British Columbia,

(iv) the Provincial Court of British Columbia, or

(

v) an arbitration to which the Arbitration Act applies;

(

b) an arbitral award to which the Foreign Arbitral Awards Act or the International Commercial Arbitration Act applies;

(

c) an instrument that is, under an enactment, enforceable as if it were an order or judgment of a court;

"registrar" , unless the context requires otherwise, means the registrar of the money judgment registry;

"registration number" means

(

a) in relation to a judgment statement or a change statement, the number assigned to the statement by the registrar, and

(

b) in relation to a financing statement, the number assigned to the statement under the Personal Property Security Act for the purposes of the personal property registry;

"serial numbered goods" has the prescribed meaning.

Division 2 – Registration in Money Judgment Registry

Money judgment registry

(1) The registrar of the personal property registry is the registrar of the money judgment registry.

(2) The registrar may delegate to a person appointed under the Public Service Act any of the registrar's rights, powers or duties under this Act except the power to delegate under this section.

(3) A delegation under subsection (2)

(

a) must be in writing,

(

b) may be to a named person or class of persons, and

(

c) may contain any conditions or restrictions the registrar considers appropriate.

(4) If the registrar has delegated a power or duty under subsection (2), a reference to the registrar in relation to that power or duty includes the delegate.

(5) This

section does not restrict or limit the authority in

section 23 [powers to act for ministers, deputy ministers and public officers] of the

Interpretation Act .

Registration in money judgment registry

(1) Subject to

section 12, a judgment creditor may register a money judgment in the money judgment registry by

(

a) submitting a judgment statement to the registrar, and

(

b) paying the fee or making the arrangements referred to in

section 24 [fees] .

(2) For certainty, subsection (1) applies despite the fact that

(

a) the time for filing an appeal of, or an application for leave to appeal, the money judgment has not expired, or

(

b) an appeal of, or an application for leave to appeal, the money judgment has been filed.

(3) A judgment statement must

(

a) be submitted in accordance with the requirements set out in the regulations respecting the form and manner of submission of judgment statements, and

(

b) be accompanied by any prescribed documents or information.

(4) On receipt of a judgment statement together with the applicable fee,

(

a) the registrar must assign to the judgment statement a registration number and the date and time of registration, and

(

b) the money judgment is, for the purposes of this Act, considered to be registered in the registry in relation to the judgment debtor identified in the judgment statement.

(5) The registration of a money judgment in the money judgment registry is effective from the date and time assigned by the registrar to the judgment statement and continues to be effective for the duration specified in the judgment statement.

(6) If the registrar assigns the same date and time to 2 or more judgment statements, the order of registration is to be determined by reference to the registration numbers assigned to the judgment statements by the registrar.

(7) If a judgment statement submitted in respect of a judgment debtor is assigned the same date and time as a financing statement registered in the personal property registry in respect of the same judgment debtor, the order of registration is to be determined by reference to the registration numbers assigned by the registrar to the judgment statement and the financing statement.

Limitation periods for registering money judgments

(1) In this section, "applicable period of time" means

(

a) in respect of a money judgment that is a local judgment, 2 years, or

(

b) in respect of a money judgment that is an extraprovincial judgment, a period of time that is the lesser of

(i) 2 years, and

(ii) the period of time that is equal to the limitation period that applies to the commencement of proceedings in the extraprovincial jurisdiction for the payment of money or the return of personal property.

(2) Subject to subsections (3) and (5), a money judgment may not be registered in the money judgment registry more than the applicable period of time after the later of the following:

(

a) the date on which the money judgment is granted;

(

b) the latest date on which the judgment debtor in respect of whom the money judgment is to be registered provides a written acknowledgement of liability that meets the requirements set out in subsection (6).

(3) Subject to subsection (4), a money judgment may be registered after the date determined for the purposes of subsection (2) if, on application by the judgment creditor before or after that date, a court orders that the money judgment may be registered after the date.

(4) An order made under subsection (3) must specify a date by which the money judgment must be registered.

(5) A money judgment may not be registered in the money judgment registry more than 15 years after the date on which the money judgment was granted.

(6) A judgment debtor's acknowledgement referred to in subsection (2) (

b) is not effective unless

(

a) the acknowledgement is in writing,

(

b) the acknowledgement is signed by hand or by electronic signature within the meaning of the Electronic Transactions Act ,

(

c) the acknowledgement is given by the judgment debtor or the judgment debtor's agent, and

(

d) the acknowledgement is given to one of the following:

(

i) the judgment creditor in respect of the money judgment;

(ii) an agent of the judgment creditor;

(iii) if the judgment creditor is bankrupt, a trustee in bankruptcy.

(7) The provisions of sections 25 [limitation periods suspended if claimant becomes person under disability] and 26 [notice to proceed if limitation periods suspended under

section 25] of the Limitation Act that are applicable to the basic limitation period, as defined in

section 1 of that Act, apply, with the necessary modifications, to the limitation period established by subsection (2) of this section.

(8) The provisions of sections 25 and 26 of the Limitation Act that are applicable to the ultimate limitation period, as defined in

section 1 of that Act, apply, with the necessary modifications, to any limitation period established by this section.

Effect of registration – enforcement charge on personal property

(1) Subject to subsections (2) and (3) and

section 14, the registration of a money judgment in the money judgment registry creates an enforcement charge, in favour of the judgment creditor, in respect of all personal property of the judgment debtor in respect of whom the money judgment is registered, whether the property was acquired before or after the registration of the money judgment.

(2) If the registration of a money judgment by a judgment creditor provides that the money judgment is to apply solely to certain specified personal property held by the judgment debtor at the time of registration, registration of the money judgment in the money judgment registry creates an enforcement charge in favour of the judgment creditor solely in respect of the specified personal property.

(3) If the registration of a money judgment by a judgment creditor provides that the money judgment is to apply to all of the personal property held by the judgment debtor at the time of registration except for certain specified personal property, registration of the money judgment in the money judgment registry creates an enforcement charge in favour of the judgment creditor in respect of all of the personal property of the judgment debtor other than the specified personal property.

Money judgments unenforceable unless registered

14 A money judgment may be enforced under this Act only if it is registered in the money judgment registry.

Invalidity of registration and absence of enforcement charge

(1) Subject to subsection (2), if the registration of a money judgment in the money judgment registry contains a seriously misleading error in the name of the judgment debtor in respect of whom the money judgment is registered,

(

a) the registration is invalid, and

(

b) no enforcement charge is created on any of the judgment debtor's personal property.

(2) Subject to subsection (3), the registration of a money judgment that contains the name of the judgment debtor as recorded on the money judgment or a non-legal name that is used by the judgment debtor and that allows a civil enforcement officer to identify the judgment debtor is sufficient to give an officer the authority to enforce the judgment.

(3) Subsection (2) does not apply to the registration of a money judgment to which a provision of

Part 4 [Priority of Enforcement Charge] applies.

(4) Subject to subsection (5), if the registration of a money judgment in the money judgment registry contains a seriously misleading error in the serial number of a serial numbered good of the judgment debtor in respect of whom the money judgment is registered, no enforcement charge is created on the serial numbered good to which the seriously misleading error relates.

(5) Subsection (4) applies in respect of only the following serial numbered goods:

(

a) motor vehicles;

(

b) manufactured homes;

(

c) boats;

(

d) outboard motors;

(

e) trailers;

(

f) aircraft.

(6) Subject to subsection (7), the validity of the registration of a money judgment is not affected by a defect, irregularity, omission or error in the money judgment or in the registration of the money judgment unless the defect, irregularity, omission or error is seriously misleading.

(7) A search of the registry using the name of a judgment debtor or the serial number of a serial numbered good of a judgment debtor that discloses a registration that is a close match with the name of the judgment debtor or the serial number of the serial numbered goods does not mean that the registration is valid or that an enforcement charge is created in respect of the judgment debtor's personal property.

(8) For certainty, in a proceeding in which it is alleged that an error in the name of a judgment debtor is seriously misleading, it is not necessary to prove that any person was in fact misled by the error.

(9) In this section, "motor vehicle" has the prescribed meaning.

No constructive notice of registration

16 Registration of a judgment statement in the registry does not by itself constitute express, constructive or implied notice to any person, or express, constructive or implied knowledge on the part of any person, of the judgment statement or its contents.

Amendment and discharge of registration

(1) Subject to subsection (5), an amendment or discharge of the registration of a money judgment in the money judgment registry must be made by

(

a) submitting a change statement to the registrar, and

(

b) paying the fee or making the arrangements referred to in

section 24 [fees] .

(2) A change statement referred to in subsection (1) (

a) must

(

a) be submitted in the form and manner required by the registrar,

(

b) contain any information required by the registrar, and

(

c) be accompanied by any document or information required by the registrar or the regulations.

(3) A change statement that provides for the assignment or subordination of a judgment creditor's interest in a money judgment may be submitted only by the judgment creditor.

(4) A change statement referred to in subsection (3) may be submitted before or after the assignment or subordination, as applicable, takes place.

(5) The registrar may modify information in a registration of a money judgment or remove information from the records of the money judgment registry

(

a) on the discharge or partial discharge of the money judgment,

(

b) on receipt of a court order requiring the discharge or partial discharge of a money judgment, or

(

c) if the registration no longer has any effect.

Amendment of registration

(1) An amendment to a valid or invalid registration of a money judgment may be made by submitting a change statement to the registrar at any time during the period that the registration is in place, and the amendment is effective from the date the change statement is submitted.

(2) A judgment creditor must submit a change statement to the registrar to make the necessary amendment to the registration of the judgment creditor's money judgment in the money judgment registry within 7 days after either of the following occurs:

(

a) the amount of the money judgment is varied on appeal;

(

b) the judgment creditor transfers the judgment creditor's interest in the money judgment to another person.

(3) If a judgment creditor amends the registration of a money judgment in accordance with subsection (2) (b), the amended registration must identify, in the prescribed manner, the person to whom the interest in the money judgment has been transferred.

(4) The transfer of an interest in a money judgment from one person to another person under subsection (2) (

b) does not affect the priority of the interest.

(5) A judgment creditor must submit a change statement to the registrar to discharge the registration of the judgment creditor's money judgment in the money judgment registry within 7 days after any of the following occurs:

(

a) the money judgment is set aside on appeal;

(

b) the money judgment otherwise becomes unenforceable, except if the unenforceability is temporary, including when an order has been made staying enforcement of the money judgment pending appeal;

(

c) a court orders the judgment creditor to discharge the registration.

(6) If a judgment creditor fails to comply with subsection (2) or (5) within the period specified, a judgment debtor in respect of whom the money judgment is registered, or any other person with an interest in the property that is subject to the enforcement charge created by the registration, may give a written demand to the judgment creditor requiring that the judgment creditor file a change statement with the registrar to discharge or amend the registration, as applicable.

(7) On receiving a written demand under subsection (6), the judgment creditor must, as soon as practicable,

(

a) submit a change statement to the registrar to discharge or amend the registration of the money judgment in accordance with the demand, or

(

b) apply to the court for an order to allow the judgment creditor to maintain the registration of the money judgment in its current form.

(8) If the judgment creditor fails to submit a change statement under subsection (7) (

a) within 30 days after receiving a written demand under subsection (6), the judgment debtor may, on giving the registrar proof satisfactory to the registrar that the demand has been given to the judgment creditor, file a change statement with the registrar to amend or discharge the registration of the money judgment, as applicable, unless the judgment creditor files a court order with the registrar that allows the judgment creditor to maintain the registration of the money judgment in its current form.

(9) In order for a written demand under subsection (6) to be validly made, it must be given to the judgment creditor in accordance with

section 19.

Giving written demand

(1) If the judgment creditor is an individual, a written demand under

section 18 (6) must be given by leaving it with the individual or by sending it by registered mail addressed to

(

a) the individual by name at the individual's residence, or

(

b) if the individual is the sole proprietor of a business, the individual by name at the address of the business.

(2) If the judgment creditor is a partnership, the written demand must be given

(

a) by leaving it with one or more of the general partners or with a person who has, at the time the written demand is given, control or management of the partnership business, or

(

b) by sending it by registered mail addressed to any one of the following at the address of the partnership business:

(

i) the partnership;

(ii) one or more of the general partners;

(iii) any person who has, at the time the demand is given, control or management of the partnership business.

(3) If the judgment creditor is a corporation, the written demand must be given

(

a) by leaving it with an officer or director of the corporation or a person in charge of any office or place of business of the corporation,

(

b) by leaving it with the registered or head office of the corporation or by sending it by registered mail addressed to the office, or

(

c) if the registered or head office of the corporation is outside British Columbia, by leaving it with, or by sending it by registered mail addressed to, the attorney for service for the corporation.

(4) If the judgment creditor is a municipal corporation, the written demand must be given by leaving it with the municipal corporate officer or by sending it by registered mail addressed to the officer.

(5) If the judgment creditor is an association, the written demand must be given by leaving it with an officer of the association or by sending it by registered mail addressed to an officer of the association at the address of the association.

(6) If the judgment creditor is the government, the written demand must be given in accordance with

section 8 [service on government] of the Crown Proceeding Act .

(7) Subject to subsection (8), a written demand sent by registered mail under this

section is considered to be given on the earlier of the following dates:

(

a) the date that the addressee receives the demand;

(

b) the date that is 10 days after the date of registration.

(8) Subsection (7) does not apply if delivery of the registered mail containing the written demand is delayed by an interruption in postal service after registration takes place, in which case the demand is considered to be given on the date that the addressee receives the demand.

Amendment and discharge of registration by civil enforcement officer

(1) A civil enforcement officer who makes a distribution under

section 185 [distribution of distributable fund] for the purpose of making a payment in respect of a money judgment that is registered in the money judgment registry must submit a change statement to the registrar to amend or discharge the registration of the money judgment, in order to take into account the amount of the payment, within 7 days after the distribution is made.

(2) If the civil enforcement officer fails to comply with subsection (1) of this

section within the 7-day period, a judgment debtor in respect of whom the money judgment is registered, or any other person with an interest in the property that is subject to the enforcement charge created by the registration, may apply to the court for an order that the registrar amend or discharge the registration, as applicable.

Effect of amending registration

(1) On the registration of a change statement to amend the registration of a money judgment,

(

a) the registrar must assign to the change statement the date and time of the registration, and

(

b) the registration of the money judgment is, for the purposes of this Act, considered to be amended as set out in the change statement.

(2) An amendment to a registration of a money judgment in the money judgment registry is effective from the date and time assigned by the registrar to the change statement.

Extinguishment of enforcement charges

(1) Subject to subsection (2), an enforcement charge created by the registration of a money judgment in the money judgment registry is extinguished when the registration relating to the enforcement charge lapses or is discharged.

(2) If the registration of a money judgment lapses because of a failure to renew the registration or the registration has been discharged without authorization or in error, and the judgment creditor identified in the registration re-registers the money judgment not later than 30 days after the lapse or discharge, the lapse or discharge does not affect the priority status of any enforcement charge created by the registration of the money judgment in relation to a competing perfected security interest that, immediately before the lapse or discharge, 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 before the re-registration.

Removal of registration

(1) The registrar may remove the following from the registry if the registrar is of the opinion that one of the circumstances described in subsection (2) applies:

(

a) the registration of a money judgment;

(

b) an amendment of the registration of a money judgment;

(

c) a discharge of the registration of a money judgment.

(2) For the purposes of subsection (1), the circumstances are that

(

a) the submission or registration of the money judgment was not made in compliance with the Act, or

(

b) the change statement to amend or discharge the registration of the money judgment was not made in compliance with the Act.

(3) If the registration of a money judgment is removed under subsection (1), the registrar must, as soon as practicable, give written notice of the removal, including the registrar's reasons for the removal, to the person who filed the judgment statement with the registrar for the purpose of registering the money judgment.

(4) If the registration of an amendment or discharge of a money judgment is removed under subsection (1), the registrar must, as soon as practicable, give written notice of the removal, including the registrar's reasons for the removal, to the person who filed the change statement to amend or discharge the registration of the money judgment, as applicable.

Fees

24 The registrar must not register a money judgment in the money judgment registry, or amend or discharge the registration of a money judgment, until one of the following occurs:

(

a) the applicable prescribed fee has been paid;

(

b) arrangements satisfactory to the registrar have been made for the payment of any applicable prescribed fee.

Division 3 – Subsequent Dealings with Personal Property

Effect of subsequent dealings with personal property

(1) In this section:

"buyer" , in relation to goods, includes a person who obtains vested rights in goods under a contract to which the person is a party as a consequence of the goods becoming a fixture or accession to property in which the person has an interest;

"document of title" means a writing issued by or addressed to a bailee

(

a) that specifies goods, or a fungible portion of an identifiable mass of goods, in the bailee's possession, and

(

b) that states that the specified goods will be delivered

(

i) to a named person, or a transferee of the named person,

(ii) to a bearer, or

(iii) to the order of a named person;

"sale" or "lease" means a sale or lease, as the case may be, for cash, by exchange for other property or on credit, including 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;

"seller" , in relation to goods, includes a person who supplies goods that become a fixture or accession under a contract with a buyer of goods or under a contract with a person who is party to a contract with a buyer of goods.

(2) Subject to this section, if an interest in personal property that is subject to an enforcement charge is disposed of or otherwise dealt with by a person other than a civil enforcement officer, the following rules apply:

(

a) if the property does not consist of serial numbered goods, the enforcement charge continues to apply to the property after it is disposed of or otherwise dealt with;

(

b) if the property consists of serial numbered goods, the enforcement charge continues to apply to the property after it is disposed of or otherwise dealt with only if the serial number of the serial numbered goods is correctly identified in the registration that creates the enforcement charge.

(3) A buyer or lessee of goods that are not fixtures, that have a purchase price or market value of less than $1 500 and that are acquired for personal, family or household use takes the goods free of any enforcement charge applicable to the goods if the buyer or lessee bought or leased the goods

(

a) without knowledge of the enforcement charge, and

(

b) where the goods have been seized or are subject to a court order issued in connection with receivership proceedings, without knowledge of the seizure or order.

(4) A buyer or lessee of goods that have been purchased or leased in the ordinary course of business of a seller or lessor who is a judgment debtor takes the goods free of any enforcement charge applicable to the goods if the buyer or lessee bought or leased the goods

(

a) without knowledge of the enforcement charge, and

(

b) where the goods have been seized or are subject to a court order issued in connection with receivership proceedings, without knowledge of the seizure or order.

Division 4 – Searches of Money Judgment Registry

Searches of money judgment registry

(1) A person may, on payment of the prescribed fee to the registrar, request a prescribed search.

(2) On completion of a search requested under subsection (1), the registrar must issue a certified copy of the results of the search in accordance with the regulations to the person who requested the search.

(3) A copy of a registered judgment statement or other registered document bearing the certification of the registrar is receivable in evidence as a true copy of the statement or document, without proof of the signature or official position of the registrar.

Division 5 – Registration in Land Title Office

Definition

27 In this Division, "registered land" means a parcel of land in respect of which title is registered under the Land Title Act .

Registration in land title office

(1) A judgment creditor may apply to register the judgment creditor's money judgment in a land title office against registered land if

(

a) the money judgment is registered in the money judgment registry,

(

b) the judgment debtor in respect of whom the money judgment is registered has an interest in the registered land, and

(

c) the judgment debtor's interest in that land is registered in the land title office.

(2) Subsection (1) applies whether or not

(

a) the time for filing an appeal of, or an application for leave to appeal, the money judgment has expired, or

(

b) an appeal of, or an application for leave to appeal, the money judgment has been filed.

(3) An application referred to in subsection (1) must be made by

(

a) submitting to the registrar of the land title office a notice in the form and manner, and containing the information, required by the registrar of the land title office,

(

b) submitting to the registrar of the land title office any other document or information required by the registrar of the land title office or the regulations, and

(

c) paying any fee required by the registrar of the land title office.

(4) On application by a judgment creditor, the Supreme Court may order the registrar of a land title office to register a money judgment against registered land if both of the following apply:

(

a) the money judgment is registered in the money judgment registry;

(

b) the judgment debtor in respect of whom the money judgment is registered in the money judgment registry has an unregistered interest in land that is registered in the land title office.

(5) The registration of a money judgment in a land title office against registered land is effective from the date and time assigned by the registrar of the land title office to the registration.

Orders under Fraudulent Preference Act

29 An order under

section 10 (2) [determination of disputed questions] of the Fraudulent Preference Act may be registered against land under this Division as if it were a money judgment.

Effect of registration – enforcement charge on land

30 The registration in a land title office of a judgment creditor's money judgment creates an enforcement charge in favour of the judgment creditor in respect of the following interests in registered land held by the judgment debtor in respect of whom the money judgment is registered in the land title office:

(

a) any interest that is held by the judgment debtor at the time of the registration of the money judgment;

(

b) any interest that is acquired by the judgment debtor during the period that the money judgment is registered in the land title office.

Erroneous registration of money judgment

(1) If an owner of registered land determines that a money judgment has been registered against the land in a land title office without legal justification, the owner may demand, in writing, that the judgment creditor who registered the judgment in the land title office take all measures necessary to remove the registration.

(2) The judgment creditor who receives a demand given under subsection (1) must immediately take all measures necessary to remove the registration, unless the judgment creditor does not agree that the registration was without legal justification, in which case the judgment creditor may apply to the Supreme Court for an order that the registration be maintained.

(3) If a judgment creditor receives a demand under subsection (1) but fails, within 15 days after receiving the demand, to make an application under subsection (2) or to take any measures to remove the registration, the owner of the land may apply to the Supreme Court for an order that the registration be removed.

(4) All persons who are required to be served in accordance with the Supreme Court Civil Rules and all persons who are notified in accordance with an order made under subsection (5) (

a) may appear and be heard at the hearing.

(5) The court may make the following orders:

(

a) any order it considers appropriate as to the notification of other parties;

(

b) an order that the registration of a money judgment be discharged;

(

c) an order that the registration of a money judgment be amended;

(

d) any order that the court considers appropriate as to costs;

(

e) any other order that the circumstances of the case require.

(6) If a court makes an order under subsection (5) (

b) to discharge the registration of a money judgment, the judgment creditor must, as soon as practicable, pay the owner of the land in question the prescribed amount as compensation.

(7) Any compensation that is payable under subsection (6) constitutes a recoverable debt that may be registered in the money judgment registry as if it were an order or judgment of a court.

(8) This

section does not apply in respect of the registration under this Division of an order referred to in

section 29.

Additional compensation

(1) Whether or not payment has been made, or is to be made, under

section 31 (6), if an owner against whose land a money judgment was registered by a judgment creditor in a land title office has sustained damage or incurred costs or expenses by reason of the judgment creditor having registered the money judgment without reasonable cause, the owner may apply to the court for additional compensation.

(2) The court may award a sum it considers just, taking into account the amount paid or to be paid under

section 31 (6).

(3) If the registration of a money judgment against the land of an owner by a judgment creditor is based on the judgment creditor's erroneous belief that the owner is a judgment debtor in respect of whom the money judgment is registered in the money judgment registry, the court may, in making an award under subsection (2) of this section, take into consideration any evidence that the judgment creditor failed to take all reasonable measures to ensure that the owner is the judgment debtor.

Notice of enforcement charge on fixtures and crops

(1) If goods that are subject to an enforcement charge become a fixture attached to land, those goods continue to be subject to the enforcement charge.

(2) A judgment creditor who has obtained an enforcement charge on a fixture or growing crops that are attached to registered land may register a notice of the enforcement charge in the land title office against the land to which the fixture or crops are attached.

(3) Notice of an enforcement charge described in subsection (2) is registered by filing in the land title office, in the prescribed form and manner, a notice that contains the prescribed information.

(4) The registration of a notice of an enforcement charge under subsection (2) is effective as of the date and time assigned to the notice by the registrar of the land title office.

(5) If a person acquires an interest in a fixture or a growing crop that is subject to an enforcement charge by acquiring an interest in the land to which the fixture or crop is attached, the person's interest in the fixture or crop is subordinate to the enforcement charge on the fixture or crop if a notice referred to in subsection (2) applicable to the fixture or crop, as the case may be, was registered against title to the land before the person acquired the interest.

Amendment and discharge of land title registration

(1) A judgment creditor or a civil enforcement officer, or any other person authorized by court order, may amend or discharge a registration of the judgment creditor's money judgment in a land title office by filing with the registrar of the land title office, in the prescribed form and manner, an amendment or discharge notice containing the prescribed information.

(2) If the amount of a judgment creditor's money judgment that is registered in a land title office is varied on appeal, the judgment creditor must, as soon as practicable, amend the registration by filing with the registrar of the land title office, in the prescribed form and manner, an amendment notice containing the prescribed information.

(3) If the registration of a judgment creditor's money judgment in the money judgment registry is discharged, and the money judgment is also registered in a land title office, the judgment creditor must, as soon as practicable, apply to the registrar of the land title office to discharge the registration of the money judgment in that office.

(4) If the registration of a judgment creditor's money judgment in the money judgment registry has been discharged as a result of the money judgment being paid and the judgment creditor fails to comply with subsection (3) within 30 days after the discharge, the judgment debtor may provide written notice of the failure to comply to a civil enforcement officer.

(5) A civil enforcement officer who has been notified under subsection (4) must, if able to verify the discharge of a money judgment in the money judgment registry, apply, as soon as practicable, to the registrar of the land title office to discharge the registration of the money judgment in that office.

(6) If the registration of a judgment creditor's money judgment in the money judgment registry has been discharged for a reason other than the money judgment being paid and the judgment creditor fails to comply with subsection (3) within 30 days after the discharge, the judgment debtor may apply to the court for an order requiring the registrar of the land title office to discharge the registration of the money judgment in that office.

(7) If the interest of a judgment creditor in a money judgment that is registered against registered land is transferred in whole or in part to another person, the judgment creditor must, as soon as practicable, file an amendment notice setting out the particulars of the transfer with the registrar of the land title office.

(8) If the interest of a judgment debtor in registered land that is subject to a money judgment that is registered against the land is transferred in whole or in part to another person, the judgment debtor must, as soon as practicable, file an amendment notice setting out the particulars of the transfer with the registrar of the land title office.

(9) The filing of an amendment or discharge notice under this

section is effective as of the date and time assigned to it by the registrar.

Extinguishment of enforcement charges

(1) An enforcement charge created by the registration of a money judgment in the land title office is extinguished

(

a) on the discharge of the registration of the money judgment in the money judgment registry, and

(

b) on the discharge of the registration of the money judgment in the land title office.

(2) For certainty, subsection (1) (

b) applies, with the necessary modifications, to orders made under

section 10 (2) [determination of disputed questions] of the Fraudulent Preference Act that have been registered against land under this Division.

Part 4 – Priority of Enforcement Charge

Priority of enforcement charge on personal property same as security interest

(1) For the purposes of this section, a person knows or has knowledge of an enforcement charge on personal property if, were the person to apply

section 1 (2) of the Personal Property Security Act , the person would know or have knowledge of the enforcement charge.

(2) Subject to this Part, an enforcement charge on personal property has the same priority in relation to other interests in the personal property that a security interest in the property would have under the Personal Property Security Act if the security interest were perfected under that Act at the time the enforcement charge is created.

(3) Subject to subsection (4), an enforcement charge on serial numbered goods that are specified in the registration has the same priority in relation to other interests in the serial numbered goods that a security interest in the serial numbered goods would have under the Personal Property Security Act if the security interest were perfected under that Act at the time the enforcement charge is created.

(4) Except as provided in subsection (5), the security interest referred to in subsection (2) or (3) does not include a purchase money security interest or a security interest in inventory within the meaning of the Personal Property Security Act .

(5) The security interest referred to in subsection (2) or (3) is considered to be inventory for registration purposes when the property is actually held by the judgment debtor as inventory within the meaning of the Personal Property Security Act .

(6) Subject to subsection (7), a security interest has priority over an enforcement charge with respect to an advance made after the enforcement charge is created if

(

a) the security interest is perfected under the Personal Property Security Act before the enforcement charge is created, and

(

b) one or both of the following apply:

(

i) the secured party in respect of the security interest does not know or have knowledge of the enforcement charge when the advance is made;

(ii) at the time the advance is made, the secured party in respect of the security interest is under a legal obligation to make the advance to a person other than the judgment debtor, unless the secured party entered into the legal obligation when the secured party knew or had knowledge of the enforcement charge.

(7) A security interest has priority over an enforcement charge with respect to an advance made after the enforcement charge is created only to the extent of

(

a) reasonable costs and expenses incurred by the secured party for the protection, preservation or repair of the collateral, and

(

b) the amount of taxes paid by the secured party in accordance with

section 27 (1) [payment of taxes by others] of the Manufactured Home Act .

Priority of enforcement charge on fixtures and crops

(1) Subject to this section, the effect and priority of an enforcement charge on fixtures or crops is to be determined without regard to the fact that the fixtures are attached to land or that the crops are growing on land.

(2) Subject to the regulations, this

section applies to the following:

(

a) any land in respect of which a certificate of title has been issued under the Land Title Act ;

(

b) any prescribed land or classes of land.

(3) Subject to subsection (5), an enforcement charge on goods that become fixtures that is created before or at the time the goods become fixtures has priority in respect of the goods over a claim to the goods that is based on an interest in the land to which the goods are attached.

(4) Subject to subsection (5), an enforcement charge on growing crops has priority with respect to the crops over an interest in the crops that is based on an interest in the land to which the crops are attached.

(5) An enforcement charge referred to in subsection (3) or (4) is subordinate to the interest of a person who, without fraud, does any of the following before a notice of an enforcement charge is filed under

section 33 [notice of enforcement charge on fixtures and crops] :

(

a) acquires for value an interest in the land after the goods become fixtures or while the crops are growing crops, as the case may be, including an assignee for value of the interest of a person with an interest in the land after the goods become fixtures or while the crops are growing crops;

(

b) makes an advance under a registered mortgage on the land after the goods become fixtures or the crops become growing crops, as the case may be, but only with respect to the advance;

(

c) obtains an order for sale or foreclosure under a mortgage that the person has registered on the land after the goods become fixtures or the crops become growing crops;

(

d) obtains a vesting order with respect to the land after the goods become fixtures or the crops become growing crops.

(6) An enforcement charge on goods that is created after the goods become fixtures is subordinate to the following:

(

a) an interest arising under a mortgage registered in the land title office before a notice of the enforcement charge on the goods is filed in accordance with

section 33 that provides for further advances contemplated by and in accordance with the mortgage if any of the following applies:

(

i) the mortgagee is required under the terms of the mortgage to make the advances;

(ii) at the time the advances are made, the mortgagee does not have knowledge of the enforcement charge;

(iii) the advances were made under a mortgage that provides for a current or running account even though there was no outstanding advance secured by the mortgage at that time;

(

b) the interest of a person, other than the judgment debtor, who has a registered interest in the land at the time the goods become fixtures and who

(

i) has not consented to the enforcement charge having priority over the person's interest in the land,

(ii) has not disclaimed an interest in the goods or fixtures,

(iii) has not entered into an agreement under which a person is entitled to remove the goods, or

(iv) is not otherwise precluded from preventing the judgment debtor from removing the goods.

(7) If, at the time a search is made of a title to land in the land title office,

(

a) there is no notice of an enforcement charge registered against the title under

section 33, and

(

b) on the date that the search is made, an advance made under a mortgage results in an interest based on that mortgage being registered against the title,

the advance is conclusively deemed to have been made before the registration of any notice of an enforcement charge under

section 33 that was not disclosed by the search, even if the notice was registered on the same day that the search was made.

Priority of enforcement charge on seized security, security entitlement or futures contract

(1) In this section, "control" has the same meaning as in Division 4 [Control of Financial Assets] of

Part 2 of the Securities Transfer Act .

(2) For the purposes of this Act and the Personal Property Security Act , and without limiting

section 36 (2) of this Act, if a civil enforcement officer seizes an interest in a security, security entitlement or futures contract under Division 4 [Securities, Security Entitlements and Futures Contracts] of

Part 9 of this Act, an enforcement charge on the security, security entitlement or futures contract has the same priority as a security interest in the security, security entitlement or futures contract that is perfected by control.

(3) The following rules apply for the purposes of subsection (2):

(

a) in the case of a security or a security entitlement,

(

i) the civil enforcement officer is deemed to be a purchaser who has control of the security or security entitlement, and

(ii) the securities intermediary is deemed to have agreed to comply with entitlement orders given by the officer without further consent of the judgment debtor;

(

b) in the case of a futures contract,

(

i) the officer is deemed to have control of the futures contract, and

(ii) the futures intermediary is deemed to have agreed that the futures intermediary will apply any value distributed on account of the futures contract as directed by the officer without further consent of the judgment debtor.

Enforcement charge not enforceable against trustee in bankruptcy

39 The trustee in bankruptcy of a judgment debtor acquires the interest of a judgment creditor under an enforcement charge that was created before the date of the bankruptcy, and the enforcement charge is not enforceable against the trustee.

Priority of enforcement charge on land

(1) An enforcement charge on an interest in land is subordinate to a mortgage registered in the land title office against the land after the enforcement charge is created if and to the extent the mortgage secures the value used to acquire the interest that is mortgaged.

(2) Subsection (1) does not apply if the mortgage is registered more than 14 days after the registration of the transfer by which the judgment debtor acquired the interest that is mortgaged.

Priority of enforcement charge with respect to serial numbered goods

41 A buyer or lessee of serial numbered goods takes the goods free from any enforcement charge that is applicable to the goods if

(

a) the buyer or lessee buys or leases the goods, as applicable, without knowledge of the enforcement charge or knowledge that the goods had been seized or are subject to an order under

Part 8 [General Rules Relating to Seizure of Property] , and

(

b) at the time of the purchase or lease, the goods are not described in the registration for the enforcement charge in the manner required by this Act and the regulations.

Part 5 – Civil Enforcement Officers

Powers of civil enforcement officer

(1) Subject to subsection (4), for any purpose related to the seizure or disposition of property of a judgment debtor, a civil enforcement officer may do any of the following:

(

a) using reasonable force, enter on land or premises that are occupied by the judgment debtor;

(

b) using reasonable force, enter on land or premises that are occupied by a person other than the judgment debtor or that are unoccupied if the officer

(

i) gives notice in accordance with subsection (3), and

(ii) in the case of personal property of the judgment debtor, has reasonable grounds to believe that the personal property is located on the land or premises;

(

c) if the officer enters land or premises in accordance with paragraph (

a) or (b),

(

i) enter, by any means that are reasonable in the circumstances, any interior room, enclosure or container on the land or premises,

(ii) at or after the time of seizing personal property, take possession of and remove personal property of the judgment debtor from the land or premises, and

(iii) in the case of land that is owned by a judgment debtor, conduct any inspection of the land that may reasonably be required in order to dispose of the land.

(2) If under subsection (1) a civil enforcement officer uses force to enter land or premises, the officer must make the land or premises reasonably secure before leaving.

(3) Notice under subsection (1) (b) (

i) must

(

a) contain the prescribed information, and

(

b) be given

(

i) to the occupant of the land or premises by leaving a copy of the notice with the occupant, or

(ii) if the land or premises are unoccupied, to the owner of the land or premises by leaving a copy of the notice with the owner.

(4) The authority provided by subsection (1) (

a) and (

b) must not be used to enter a private dwelling except with the consent of the occupant or under the authority of a warrant issued under subsection (5).

(5) If satisfied by evidence given under oath that entry into a private dwelling is necessary for any purpose relating to the seizure or disposition of a judgment debtor's property, a judge of the Supreme Court or a justice may issue a warrant authorizing a civil enforcement officer to enter the private dwelling.

(6) In a warrant issued under subsection (5), the judge or the justice, as the case may be, may authorize a civil enforcement officer to do any of the following:

(

a) enter the private dwelling at a specified time or within a specified period of time;

(

b) enter the private dwelling by force, if necessary.

(7) A civil enforcement officer may make an application for a warrant under subsection (5) without notice to any other person.

Civil enforcement officer's power to deal with property

(1) A civil enforcement officer who receives an enforcement instruction in relation to property of a judgment debtor may

(

a) do any act or thing with respect to the property that may be done by the judgment debtor,

(

b) exercise any right or power that is necessarily incidental to an enforcement proceeding, including the right or power to do one or more of the following:

(

i) dispose of property;

(ii) execute or endorse a document;

(iii) exercise a power of election;

(iv) exercise a right as a beneficiary under a trust;

(

v) give a release or discharge;

(vi) collect an account;

(vii) endorse a security;

(viii) commence a proceeding in the name of the judgment debtor to enforce an obligation owing to the judgment debtor;

(ix) present an instrument for payment and receive payment;

(

x) negotiate an instrument or security without recourse, and

(

c) if the property is a derivative contract, give any necessary orders or instructions in respect of the contract to a depository, exchange, broker or clearing agency.

(2) A civil enforcement officer may retain persons to provide assistance and advice in exercising a right or power or performing a duty under this Act.

Delegation of power or duty to give notices or other documents

(1) If this Act authorizes or requires a civil enforcement officer to give a notice or other document to a person, the officer may delegate that power or duty to either of the following:

(

a) the judgment creditor on whose enforcement instruction the notice or other document is to be given;

(

b) with the consent of the judgment creditor referred to in paragraph (a), a prescribed class or type of agent of the judgment creditor.

(2) A person who accepts a delegation under subsection (1) is entitled to any fees and costs the civil enforcement officer would have received if the officer had given the notice or other document.

(3) No proceeding lies or may be commenced or maintained against a civil enforcement officer for anything done or omitted by the officer under this Act in reliance on a written statement from the judgment creditor or the judgment creditor's agent, as the case may be, that a notice or other document has been given in accordance with a delegation under subsection (1).

Part 6 – Enforcement Instructions

Giving enforcement instructions to civil enforcement officer

(1) A judgment creditor who has registered a money judgment in the money judgment registry or the land title office, or both, may enforce the money judgment by giving a civil enforcement officer an enforcement instruction.

(2) An enforcement instruction must

(

a) specify every enforcement proceeding that the civil enforcement officer is requested to take or refrain from taking,

(

b) contain any other prescribed information,

(

c) be accompanied by any prescribed information or document, and

(

d) be accompanied by

(

i) the prescribed fee for giving an enforcement instruction,

(ii) a written proposal of an arrangement for the payment of the officer's fees and estimated expenses that is satisfactory to the officer, and

(iii) security in a form and amount that is satisfactory to the officer.

Civil enforcement officer to take enforcement proceedings

(1) Subject to subsection (2), a civil enforcement officer who receives an enforcement instruction under

section 45 must take every enforcement proceeding specified in the enforcement instruction unless, in the opinion of the officer, the enforcement proceeding is not in accordance with

(

a) this Act or the regulations, or

(

b) a court order made in relation to the enforcement proceeding.

(2) Unless the court orders otherwise, a civil enforcement officer who receives an enforcement instruction is not required to take an enforcement proceeding unless the officer has received all of the items referred to in

section 45 (2) (d).

(3) A civil enforcement officer may enforce an arrangement referred to in

section 45 (2) (d) (ii) as if the arrangement were a contract between the officer and the judgment creditor.

Multiple enforcement instructions

47 If a civil enforcement officer receives an enforcement instruction from 2 or more judgment creditors in relation to the property of the same judgment debtor, the officer may take any of the enforcement proceedings specified in the enforcement instructions that are necessary to satisfy any amounts that are recoverable.

Amendment of enforcement instructions

(1) A judgment creditor may, at any time, amend an enforcement instruction given by the judgment creditor by giving the appropriate civil enforcement officer a new enforcement instruction.

(2) An instructing judgment creditor must, as soon as practicable after any of the following occurs, amend an enforcement instruction given by the judgment creditor by giving the appropriate civil enforcement officer a new enforcement instruction:

(

a) the judgment creditor receives a written demand from an officer to amend an enforcement instruction given by the judgment creditor;

(

b) a portion of the judgment creditor's money judgment is discharged by court order;

(

c) the judgment creditor becomes aware that there has been a material change in circumstances affecting the enforcement of the money judgment since the enforcement instruction was given;

(

d) any prescribed event or circumstance.

Withdrawal of enforcement instructions by judgment creditor

(1) A judgment creditor may, at any time, withdraw an enforcement instruction given by the judgment creditor by giving a written notice to the appropriate civil enforcement officer.

(2) An instructing judgment creditor must, as soon as practicable, withdraw an enforcement instruction given by the judgment creditor by giving the appropriate civil enforcement officer a written notice to that effect if the judgment creditor becomes aware that there has been a material change in circumstances affecting the enforcement of the money judgment since the enforcement instruction was given, including the following:

(

a) the money judgment has been fully discharged by court order;

(

b) enforcement proceedings with respect to the money judgment have been stayed by court order, by the operation of an enactment or otherwise.

(3) If an instructing judgment creditor withdraws an enforcement instruction,

(

a) the civil enforcement officer must release any property that the officer has seized in accordance with the enforcement instruction, unless the officer has received an enforcement instruction from another judgment creditor to seize that property, and

(

b) the judgment creditor must pay the officer any fees or expenses that the officer is entitled to receive for services provided in relation to the enforcement instruction.

Suspension or termination of enforcement proceedings

(1) A civil enforcement officer must suspend or terminate an enforcement proceeding in each of the following circumstances by giving a written notice to the instructing judgment creditor:

(

a) the enforcement instruction contains a request that the officer take an action contrary to law;

(

b) the officer becomes aware that enforcement proceedings in respect of the money judgment being enforced are stayed by court order, by operation of an enactment or otherwise;

(

c) any prescribed circumstance.

(2) A civil enforcement officer may suspend or terminate an enforcement proceeding in any of the following circumstances by giving written notice to the instructing judgment creditor:

(

a) all of the enforcement proceedings initiated by the enforcement instruction have been completed;

(

b) the officer is unable to locate any property of the judgment debtor that would satisfy the money judgment in respect of which the enforcement instruction is given;

(c) 6 months have elapsed from the most recent date on which an enforcement proceeding initiated by the enforcement instruction was completed and no other enforcement proceeding initiated by that instruction is continuing;

(

d) any prescribed circumstance.

(3) If a civil enforcement officer terminates an enforcement proceeding,

(

a) the officer must release any property that the officer has seized in carrying out the enforcement proceeding unless the officer has received an enforcement instruction from another judgment creditor to seize the property, and

(

b) the judgment creditor must pay the officer any fees or expenses that the officer is entitled to receive for services provided in relation to the enforcement proceeding.

Part 7 – Obtaining Information

Division 1 – Obtaining Information from Judgment Debtors

Definition

51 In this Part, "eligible representative" , in relation to a judgment creditor, means either of the following:

(

a) a civil enforcement officer who has received an enforcement instruction from the judgment creditor;

(

b) a lawyer acting on behalf of the judgment creditor.

Request for identification information

(1) An eligible representative of a judgment creditor may, by written notice to a judgment debtor in respect of the judgment creditor's money judgment, require the judgment debtor to provide one or more prescribed identification documents.

(2) A judgment debtor who is required to provide documents under subsection (1) must provide the following to the eligible representative referred to in that subsection:

(

a) the original or a notarized copy of each document required under subsection (1);

(

b) if the name of the judgment debtor on any of the documents provided under subsection (1) differs from the name of the judgment debtor on any of the other documents,

(

i) an official record confirming the judgment debtor's change of name, or

(ii) a statutory declaration by the judgment debtor explaining the difference in names.

(3) The judgment debtor referred to in subsection (2) must provide all documents required under subsection (1)

(

a) within 14 days after receiving the notice referred to in subsection (1), if a date by which the documents are to be provided is not specified in the notice referred to in subsection (1) or a date is specified in the notice that is less than 14 days after the judgment debtor receives the notice, or

(

b) if a date by which the documents are to be provided is specified in the notice and that date is more than 14 days after the judgment debtor receives the notice, on or before that date.

Requiring submission of disclosure statement

(1) An eligible representative of a judgment creditor who has a registered money judgment may, by giving written notice to a judgment debtor to whom the money judgment applies, require the judgment debtor to complete a disclosure statement that discloses the following:

(

a) all property of the judgment debtor, and the location of the property;

(

b) any serial numbers or other information by which property of the judgment debtor can be identified;

(

c) all names or aliases under which any property of the judgment debtor is registered in any registry, specifying the property registered under each name or alias;

(

d) the estimated value of every item of property of the judgment debtor, including property that may be claimed as exempt referred to in

section 165 (1) (a), (b), (

h) and (j) [property that may be claimed as exempt] that has a value greater than the prescribed exemption value for that property;

(

e) an enumeration of every item of clothing of the judgment debtor that is not reasonably required by the judgment debtor or the judgment debtor's dependants in accordance with

section 165, and the estimated value of each item of clothing;

(

f) the identity of any person who holds an interest in property of the judgment debtor;

(

g) every obligation that the judgment debtor has in relation to each item of the judgment debtor's property;

(

h) every obligation that the judgment debtor knows that third parties have in relation to each item of the judgment debtor's property;

(

i) the value of any interest referred to in paragraph (g), including the outstanding balance of any mortgage, lien or other encumbrance against the property;

(

j) in relation to each account of the judgment debtor, the amount that is or will become payable, from whom the account is payable, when the account became or becomes payable and the name of the person by whom the account is to be paid;

(

k) the judgment debtor's sources of income;

(

l) when a payment of income is likely to be made to the judgment debtor;

(

m) if the judgment debtor's entitlement to receive income or payment of an account is dependent on an action or election by the judgment debtor, the nature of that action or election and the date on or before which that action or election is to be performed or may be performed in order for the judgment debtor to receive the income or payment of the account;

(

n) any other information specified by a civil enforcement officer that may reasonably assist the officer in enforcing the money judgment;

(

o) any prescribed information or matter.

(2) The judgment debtor must complete and submit to the eligible representative the statement referred to in subsection (1) within 14 days after the judgment debtor receives the notice referred to in subsection (1), unless the notice specifies a date for submission that is later than 14 days after the judgment debtor receives the notice, in which case the judgment debtor must submit the statement on or before the specified date.

Requiring examination of judgment debtor

(1) Subject to subsection (3), an eligible representative of a judgment creditor who has a registered money judgment may, by written notice to an individual referred to in subsection (2), require the individual to attend at a specified time and place for examination under oath to answer questions respecting any matter referred to in

section 53 (1) (

a) to (o).

(2) The following individuals may be examined under subsection (1):

(

a) any judgment debtor to whom the registered money judgment applies;

(

b) if the registered money judgment applies to a corporation, any officer or director of the corporation;

(

c) if the registered money judgment applies to a partnership,

(

i) any individual who is a partner in the partnership, and

(ii) if a corporation is a partner in the partnership, any officer or director of the corporation;

(

d) if the registered money judgment applies to a partner in a partnership,

(

i) any individual who is another partner in the partnership, and

(ii) if a corporation is a partner in the partnership, any officer or director of the corporation;

(

e) a prescribed person or a person in a prescribed class of persons.

(3) Notice may be given to an individual under subsection (1) only if the judgment debtor was given notice under

section 53 (1) and

(

a) the judgment debtor failed to submit a disclosure statement within the time specified in

section 53 (2), or

(

b) the judgment debtor submitted a statement within the time specified but, in the opinion of the eligible representative who required the statement, the information provided in the statement is insufficient for the purposes of the enforcement proceeding.

(4) Before conducting an examination under this section, the eligible representative must

(

a) if the individual to be examined is represented in the proceeding by a lawyer, ensure that, at least 7 days before the examination, an appointment in the prescribed form is served on the lawyer, and

(

b) in any other case, ensure that, at least 7 days before the examination, an appointment in the prescribed form is served on the individual to be examined.

Division 2 – Information from Prescribed Entities

Information in custody or control of prescribed entities

(1) In this section:

"organization" has the same meaning as in

section 1 of the Personal Information Protection Act ;

"prescribed entity" means

(

a) a prescribed organization or public body, or

(

b) an organization or public body that is a member of a prescribed class of organizations or public bodies;

"public body" has the same meaning as in

Schedule 1 of the Freedom of Information and Protection of Privacy Act .

(2) Subject to subsection (3), an eligible representative of a judgment creditor who has a registered money judgment may, by written notice given to a prescribed entity, require the prescribed entity to disclose the following information that is in the entity's custody or under its control:

(

a) the estimated value of the property subject to the enforcement charge created by the registration of the money judgment;

(

b) the value of any interest in the property referred to in paragraph (a), including the outstanding balance of any mortgage, lien or other encumbrance against the property;

(

c) information respecting the identity of any person who holds an interest in the property referred to in paragraph (a).

(3) Notice may be given under subsection (2) only if

(

a) a judgment debtor to whom the money judgment applies

(

i) failed to submit a disclosure statement within the time specified under

section 53 (2), or

(ii) submitted a statement that did not include all of the information referred to in subsection (2) of this section, and

(

b) the eligible representative has reasonable grounds to believe that the prescribed entity has information referred to in subsection (2) of this

section in its custody or under its control.

(4) A prescribed entity must, within 14 days after the applicable following date, disclose to the eligible representative the information referred to in subsection (2):

(

a) if the prescribed entity requests, in writing, that the eligible representative pay the prescribed entity's reasonable costs of complying with the written notice, the date the costs are paid;

(

b) in any circumstance other than the circumstance described in paragraph (a), the date the prescribed entity receives the written notice.

Division 3 – Applications to Court

Application to court – disclosure of information by prescribed persons

(1) Subject to this section, a judgment creditor who has a registered money judgment, or the judgment creditor's eligible representative, may apply to the court for an order requiring a prescribed person or a person in a prescribed class of persons to disclose to the eligible representative the following information that is in the person's custody or under the person's control:

(

a) the estimated value of the property subject to the enforcement charge created by the registration of the money judgment;

(

b) the value of any interest in the property referred to in paragraph (a), including the outstanding balance of any mortgage, lien or other encumbrance against the property;

(

c) information respecting the identity of any person who holds an interest in the property referred to in paragraph (a).

(2) Subject to

section 62 (1) [civil enforcement officer must disclose information to other judgment creditors who make request] , the information referred to in subsection (1) of this

section may be disclosed only to an eligible representative of the judgment creditor.

(3) An application under subsection (1) may be made only if one or more of the following apply:

(

a) the judgment debtor to whom the money judgment applies was required to submit a disclosure statement under

section 53 (1) [requiring submission of disclosure statement] and

(

i) failed to submit the statement within the time specified in

section 53 (2), or

(ii) submitted the statement within the time specified but the statement did not include all of the information referred to in subsection (1) of this section;

(

b) a prescribed circumstance exists.

(4) In the case of urgency, an application under subsection (1) may be made without notice in accordance with the Supreme Court Civil Rules.

Application to court – attendance before court or disclosure of information

(1) Subject to this section, on application by a judgment creditor who has a registered money judgment, or by the eligible representative of a judgment creditor, the court may do one or more of the following:

(

a) order an individual referred to in

section 54 (2) (

a) to (e) [requiring examination of judgment debtor] to attend before the court at a specified time and place, for examination under oath to answer questions respecting any matter referred to in

section 53 (1) (

a) to (o) [requiring submission of disclosure statement] ;

(

b) order an individual, other than an individual referred to in

section 54 (2) (

a) to (e), to attend before the court at a specified time and place, for examination under oath to answer questions respecting any matter referred to in

section 53 (1) (

a) to (o);

(

c) order a person who has custody or control of information respecting any matter referred to in

section 53 (1) (

a) to (

o) to disclose that information to a person specified in the order;

(

d) order a person to authorize a person specified in the order to disclose information in the specified person's custody or control if the information is in respect of any matter referred to in

section 53 (1) (

a) to (o).

(2) An application for an order referred to in subsection (1) (

a) may be made only if an individual referred to in

section 54 (2) (

a) to (

e) received a written notice given under

section 54 (1) to attend an examination described under that

section and failed to attend.

(3) An application for an order referred to in subsection (1) (

b) to (

d) may be made only

(

a) if the judgment debtor in respect of the money judgment received a written notice given under

section 54 (1) to attend an examination under that

section and failed to attend, and

(

b) in prescribed circumstances.

Other orders

(1) Without limiting

section 56 or 57 but subject to this section, on application by a judgment creditor who has a registered money judgment, or by the eligible representative of a judgment creditor, a court may do one or more of the following:

(

a) if a judgment debtor to whom the money judgment applies has failed to comply with the requirement set out in

section 53 [requiring submission of disclosure statement] to provide complete and accurate information to the eligible representative of a judgment creditor by submitting a disclosure statement, order the judgment debtor to provide that information to the eligible representative;

(

b) if an individual referred to in

section 54 (2) (

a) to (e) [requiring examination of judgment debtor] fails to attend an examination that the individual is required to attend under that section, or attends the examination but fails to provide all of the information that is necessary in order to sufficiently respond to the questions that are asked at the examination, order the individual to provide all the necessary information to the eligible representative of the judgment creditor;

(

c) authorize a civil enforcement officer or other person, by order, to do one or both of the following:

(

i) enter premises specified in the order for the purpose of examining any records in the premises respecting a matter referred to in

section 53 (1) (

a) to (o);

(ii) remove from the premises a record referred to in subparagraph (

i) for the purpose of making copies;

(

d) order a person to refrain from destroying, hiding or removing from the province any records respecting a matter referred to in

section 53 (1) (

a) to (o).

(2) An application referred to in subsection (1) must include a description of any information respecting a matter referred to in

section 53 (1) (

a) to (

o) that has not been adequately disclosed.

(3) An order must not be made under subsection (1) (

c) unless the court is satisfied that

(

a) there are reasonable grounds to believe that one or more records respecting any matter referred to in

section 53 (1) (

a) to (

o) may be located on the specified premises, and

(

b) the information, as described in the application and to which the records relate, cannot otherwise be reasonably obtained.

(4) Any actions that are authorized by an order made under subsection (1) (

c) must be carried out in accordance with

section 42 [powers of civil enforcement officer] .

Division 4 – General

Conduct of examination

(1) In this section, "oath" has the prescribed meaning.

(2) An examination under

section 54 [requiring examination of judgment debtor] must be conducted before a person who is empowered to administer an oath.

(3) A civil enforcement officer is empowered to administer an oath.

Expenses of person being examined

(1) Before a person other than the judgment debtor is examined under this Part, a judgment creditor on whose behalf the person is to be examined must tender to the person an amount equal to the expenses that the person to be examined would be entitled to if that person were required to attend the Supreme Court as a witness.

(2) If a judgment debtor is examined under this Part, the judgment debtor is entitled to an amount equal to the expenses the judgment debtor would be entitled to if the judgment debtor were required to attend the Supreme Court as a witness.

(3) A judgment creditor is entitled to set off the amount described in subsection (2) against the amount recoverable under the judgment creditor's money judgment.

(4) Despite subsection (3), on application by the judgment debtor, a court may order that, before the judgment debtor is examined, the judgment creditor must tender to the judgment debtor the amount described in subsection (2) if the court is satisfied that the judgment debtor would suffer hardship if those expenses were not tendered prior to the examination.

Costs of examiner

61 Unless the court orders otherwise, a person conducting an examination under this

Part is entitled to recover the costs of the examination from the judgment debtor, and the notice of judgment may be amended to add the amount of these costs, if the examiner's costs are not paid by the judgment debtor within 30 days after the judgment debtor receives an invoice setting out the costs of conducting the examination.

Civil enforcement officer must disclose information to other judgment creditors who make request

(1) Unless the court orders otherwise, a civil enforcement officer who obtains information under this Part respecting a judgment debtor or property of a judgment debtor must, on receiving a written request to share that information, disclose the information to the following persons:

(

a) the lawyer of every judgment creditor, other than the judgment creditor on whose enforcement instruction the officer is acting, who has registered a money judgment against the judgment debtor in the money judgment registry;

(

b) any other officer who has received an enforcement instruction that relates to the judgment debtor.

(2) A civil enforcement officer may require a person who makes a request under subsection (1) to reimburse the officer for the reasonable costs of complying with that request.

Limitation on collection, use and disclosure of information

(1) A person must not collect information under this Part except for the purpose of enforcing a money judgment under this Act or determining whether to enforce a money judgment under this Act.

(2) A person who obtains information under this Part must not use or disclose the information except for the purpose of enforcing a money judgment under this Act or determining whether to enforce a money judgment under this Act.

Limitation on examination

64 Unless the court orders otherwise, a person examined under this Part must not be examined under this Part again within the 12-month period following the examination.

Enforcing orders under this

Part

65 If a person fails to comply with an order made under this Part, the court may make any order the court considers necessary to secure compliance with the first-mentioned order, including one of the following orders:

(

a) an order to pay another person an amount equal to the expenses reasonably and necessarily incurred by the person as a result of the failure to comply;

(

b) an order to pay a fine in an amount that is not greater than $5 000.

Part 8 – General Rules Relating to Seizure of Property

Division 1 – Application

Application of this

Part

(1) Division 2 of this Part applies to all enforcement proceedings related to property.

(2) Subject to subsection (3), if there is a conflict between a provision of Division 2 of this Part and a provision of any other Part, the provision of the other Part prevails.

(3) If there is a conflict between

section 67 (3) and a provision of

Part 9 [Seizure and Disposition of Specific Types of Property] ,

section 67 (3) prevails.

Division 2 – Seizure of Property

What property may be seized

(1) Except as otherwise provided under this Act or in an enforcement instruction, a civil enforcement officer may seize as much exigible property of a judgment debtor as is sufficient, when disposed of, to realize the total of the following amounts:

(

a) the amounts recoverable by all judgment creditors that have a registered money judgment against the judgment debtor;

(

b) any amount that must be paid out of a distributable fund constituted under

Part 14 [Distribution] before the amounts referred to in paragraph (

a) are paid out.

(2) To effect a seizure of property of a judgment debtor, a civil enforcement officer may, subject to this Act, do the following:

(

a) if the property is co-owned by the judgment debtor and one or more other persons, seize the property in its entirety, including the interests of all co-owners in the property;

(

b) subject to subsection (3), if the property is partnership property of a partnership in which the judgment debtor is a general partner, seize the partnership property in its entirety, including any interests of the general partners in the property.

(3) A civil enforcement officer must not seize property that is partnership property of a partnership if the property

(

a) is ordinarily used by the partnership,

(

b) is necessary to generate revenue from the partnership's business, and

(

c) has a value that is less than the prescribed value, if any.

How property may be seized

(1) Subject to subsection (5), a civil enforcement officer may seize tangible personal property as follows:

(

a) if the property is a negotiable instrument, by taking possession of the property;

(

b) if the property is a fixture or growing crop, by seizing the property in accordance with Division 1 [Seizure and Disposition of Fixtures and Crops] of

Part 9;

(

c) in the case of any other form of tangible personal property,

(

i) by taking possession of the property,

(ii) by giving a notice of seizure at the place where the property is located

(

A) to the judgment debtor or an adult member of the judgment debtor's household, or

(

B) to an adult person who is in possession or control of the property, or

(iii) by posting a notice of seizure in a conspicuous place on the property or in a conspicuous place in close proximity to the property;

(

d) in any other manner that is ordered by a court.

(2) A civil enforcement officer may seize personal property, other than tangible personal property, as follows:

(

a) if the property is an account, by seizing the property in accordance with Division 3 [Seizure of Existing and Future Accounts and Other Debts] of

Part 9;

(

b) if the property is a security, security entitlement or futures contract, by seizing the property in accordance with Division 4 [Securities, Security Entitlements and Futures Contracts] of

Part 9;

(

c) if the property is a lessor's interest in property under a lease, a seller's interest in property under a contract of sale or a secured party's interest in property under a security agreement, by seizing the property in accordance with

section 84 [how interest of lessor, seller or secured party may be seized] ;

(

d) if the property is a lessee's interest in property under a lease, a buyer's interest in property under a contract of sale or a debtor's interest in property under a security agreement, by seizing the property in accordance with

section 88 [how interest of lessee, buyer or debtor may be seized] ;

(

e) if the property is a licence, by seizing the property in accordance with

section 127 [how licences may be seized] ;

(

f) if the property is intellectual property or a trade secret, by seizing the property in accordance with

section 130 [how intellectual property may be seized] or 131 [how trade secrets may be seized] ;

(

g) in the case of any other form of non-tangible personal property, by giving a notice of seizure to the judgment debtor or to the person whose obligation constitutes the property;

(

h) in any other manner that is ordered by a court.

(3) A civil enforcement officer may seize land by giving a notice of seizure to the judgment debtor.

(4) For certainty, a civil enforcement officer is not the owner or occupier of land that the officer has seized.

(5) A civil enforcement officer may, if authorized to do so under subsection (1), seize tangible personal property by taking possession of the property if the property is in the possession of any of the following persons:

(

a) a judgment debtor;

(

b) a person who acquired the property, or the right to possess the property, subject to an enforcement charge;

(

c) a person who is a gratuitous bailee or custodian of the property and who is in possession of the property with the consent of the judgment debtor;

(

d) a trustee who is in possession of the property under the terms of a trust.

(6) A civil enforcement officer who has, in accordance with this section, seized tangible personal property by means other than by taking possession of the property may take possession of the property after it has been seized if, immediately before the seizure, the property was in the possession of a person referred to in subsection (5) (

a) to (d).

Duty to maintain land

(1) If a judgment debtor receives a notice of seizure that applies to land owned by the judgment debtor, the judgment debtor must, while the notice is in effect, maintain the land and all structures on the land in a condition that is at least as good as the condition that existed at the time the notice was received.

(2) If a judgment debtor fails to comply with subsection (1) and the market value of the land is reduced as a result, the judgment creditor may apply to the Supreme Court to have the exemption value reduced by the amount of the reduction in the market value of the land that was caused by the failure to comply.

Notice of seizure

(1) A notice of seizure given under this Part, and any notice given in accordance with this section, must contain the prescribed information.

(2) If a civil enforcement officer seizes personal property of a judgment debtor other than by giving a notice of seizure to the judgment debtor, the officer must, as soon as practicable after the seizure, give notice of the seizure to the judgment debtor.

(3) If a civil enforcement officer seizes and removes personal property of a judgment debtor from the possession of a person other than the judgment debtor, the officer must, at the time of the seizure or as soon as practicable after that time, give notice of the seizure to the person in possession of the property at the time it is seized.

(4) If a civil enforcement officer seizes personal property that is co-owned by the judgment debtor and another person or persons, the officer must, as soon as practicable after the seizure, give notice of the seizure to the judgment debtor and to any other person who is known by the officer to be a co-owner of the property.

(5) If a civil enforcement officer seizes personal property that is partnership property of a partnership in which a judgment debtor is a partner, the officer must, as soon as practicable after the seizure, give notice of the seizure to the judgment debtor and to every other person who is known by the officer to be a partner in the partnership.

(6) If a civil enforcement officer seizes land in which a judgment debtor has an interest, the officer must, as soon as practicable after the seizure, give notice of the seizure to the judgment debtor and to the following persons:

(

a) if the land is co-owned property, every co-owner who has a registered interest in the land;

(

b) if the land is partnership property of a partnership, every person who is known by the officer to be a partner in the partnership;

(

c) every other person with an interest in the land who has given the officer written notice of the person's interest in the land before the date on which the notice of seizure is given to the judgment debtor;

(

d) every prescribed person or every person in a prescribed class of persons.

Person in possession of seized personal property deemed bailee

(1) If a civil enforcement officer seizes personal property under this Part without taking possession of the property, the person in possession of the property at the time of the seizure, including the judgment debtor, is deemed to hold the property as the officer's bailee.

(2) A person who is deemed to hold personal property as a civil enforcement officer's bailee under subsection (1)

(

a) subject to subsection (3), is subject to the same obligations that a bailee of property for value is subject to at common law,

(

b) must deliver the property to the officer on demand of the officer, and

(

c) may terminate the bailment by delivering the property to the officer at a time and place approved by the officer.

(3) If a partnership or any partner of a partnership, including the judgment debtor, is deemed to hold seized property as the civil enforcement officer's bailee, the obligations of the partnership or partner, as the case may be, under subsection (2) (

a) are subject to any rights the partnership or partner, other than the judgment debtor, acquired in relation to the property before the property was seized.

(4) A person other than the judgment debtor who is deemed to hold personal property as a civil enforcement officer's bailee is entitled to reasonable costs incurred

(

a) in preserving and protecting the property, and

(

b) in delivering the property to the officer.

(5) If a person who is deemed to hold personal property as a civil enforcement officer's bailee fails to discharge the obligations referred to subsection (2) (a), a court may, on application by a judgment creditor or the officer, order that judgment be entered against the bailee in an amount equal to either of the following:

(

a) the fair market value of the personal property;

(

b) the loss in fair market value of the personal property resulting from the bailee's failure to discharge the obligations.

Release of seized property

(1) If, at any time, a civil enforcement officer determines that seized property is not required to satisfy the total of the amounts referred to in

section 67 (1) (

a) and (b) [what property may be seized] , the officer must, as soon as practicable,

(

a) release the property from seizure and give notice of the release from seizure in accordance with any applicable regulations, and

(

b) discharge any registration against property of the judgment debtor in accordance with any applicable regulations.

(2) A civil enforcement officer must release all of a partnership's partnership property from seizure and refrain from taking any further enforcement proceedings against the partnership property if either of the following applies:

(

a) the officer determines that none of the partners of the partnership is a judgment debtor in relation to the money judgment that resulted in the seizure of the partnership property;

(

b) the partnership or any partner of the partnership, other than the judgment debtor, pays to the officer an amount equal to the fair market value, as estimated by the officer, of the judgment debtor's interest in the partnership.

Seizure preserved despite irregularity

(1) Subject to subsection (2), a seizure of property by a civil enforcement officer under this Act is not invalidated by an irregularity in any of the following:

(

a) the procedure by which the seizure is carried out, including any related notice of seizure;

(

b) the enforcement instruction related to the seizure;

(

c) a registration of the money judgment being enforced by the seizure;

(

d) the money judgment being enforced by the seizure.

(2) On application, if a court is satisfied that a person is or is likely to be prejudiced by an irregularity in the procedure by which the seizure was carried out, the court may order the appropriate civil enforcement officer to release the property from seizure.

Part 9 – Seizure and Disposition of Specific Types of Property

Division 1 – Seizure and Disposition of Fixtures and Crops

How fixtures and crops may be seized

74 Subject to

section 76, a civil enforcement officer may seize a fixture or growing crop by giving a notice of seizure to the following persons:

(

a) the judgment debtor;

(

b) every person who appears in the records of the land title