Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

RTA CPA MHHS SS

Civil Enforcement Act

Chapter C-15 · Current to 2024-06-01 · Official PDF

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1 Interpretation

Part 1 — General

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

Part 2 — Civil Enforcement Agencies and Bailiffs

9 Civil enforcement agencies 10 Civil enforcement bailiffs 11 Not a Crown agent 12 Provision of services 13 Conditions governing civil enforcement proceedings 13.1 Fees and interest 13.2 Rendering of account 14 Complaints 15 Offence

Part 3 — Prejudgment Relief

16 Definitions 17 Attachment order 18 Ex parte attachment order 19 Termination of attachment order 20 Provision of alternative security 21 Sale, etc. of attached property 22 Registration of attachment order 23 Priorities 24 Commencement, etc. of writ proceedings 25 Inconsistent actions

Part 4 — Judgments and Writs Division 1 Registration

25.1 Issuing of writs 25.2 Assignment 25.3 Endorsement 26 Registration required 27 When writ is in force 27.1 New judgment 28 Duration of registration in Personal Property Registry 29 Duration of registration under Land Titles Act 30 Error or omission re writ 31 Division 2 Binding Effect of Writs Definitions 32 Knowledge of writ 33 When writ binds 34 Subordination of subsequent interests 35 Priority between writs and security interests 36 Buyer or lessee takes free of writ 37 Fixtures and growing crops 38 Transferees and purchasers of funds and negotiable property 39 Protected purchaser of security 40 Priority of liens 41 Effect of seizure 42 Interaction between writs

Part 5 — Seizure of Personal Property

43 Applies to all exigible personal property 44 Demand on third person 45 Effecting seizure 46 Objection 47 Termination of seizure 48 Sale of property, etc. 48.1 Notice re personal property already subject to civil enforcement proceedings 48.2 Personal property already under seizure

Part 6 — Special Seizure Mechanisms

49 Application of Part 50 Division 1 Property Other than Securities Cash and instruments 51 Secured obligations 52 Agricultural products 53 Fixtures 54 Serial number goods 55 Mobile homes 56 Division 2 Securities Definitions 57 Effecting seizure 57.1 Powers of agency on seizure 58 Duties of Alberta private company 59 Agency may deal with seized property 60 Liability of Alberta private company or securities intermediary 61 Liquidation of security 62 Liquidation procedure re non-market securities 64 Missing security certificate 65 Effect of transfer

Part 7 — Land

67 Applies to all land 68 Instruction to sell 69 Method of sale 70 Notice of intention to sell 71 Growing crops 72 Waiting period 73 Exemption 74 Sale of land 75 Transfer of land 76 Severance of joint tenancy, etc.

Part 8 — Garnishment

77 Interpretation 77.1 Irregularity 78 General principles re garnishment 79 When garnishee summons is in effect 80 Discretionary exemption 81 Employment earnings 81.1 Registered plan payments 82 Joint entitlement 83 Deposit accounts 84 Enforcement of garnishee's duties

Part 9 — Receivers and Special Remedies

85 Court appointed remedies 86 Considerations re appointment of receivers 87 Receivers

Part 10 — Exemptions

88 Exempted property 89 Property exempt up to the prescribed value 90 Selection of property 91 Determination of exemption 92 Estate 92.1 Exemption of registered plans and registered disability savings plans

Part 5 — of the Insurance Act that is a registered plan or a registered education savings plan. (7) This section does not apply to an enforcement process commenced in respect of a registered plan or registered disability savings plan before this section c

93 Non-applicability of Part

Part 11 — Distributions

94 Definition 95 Claim to be treated as a writ 96 Applies to all distributions 97 Distributable fund 98 Money derived from exempted property 99 Eligible claims 100 Distributable fund exceeds claims, etc. 101 Claims exceed a distributable fund 102 Liability 103 Funds protected by court proceedings

Part 12 — Distress

104 Distress by landlord 105 Distress by mortgagee, etc.

Part 13 — Regulations and Rules of Court

106 Regulations 106.1 Forms

Part 14 — Transitional

108 Deemed references

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