Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Civil Enforcement Act

Part 7 — Land

74 Sale of land

Current to 2024-06-01 · Official PDF

(1) At least 30 days before offering land for sale the agency
must serve notice of the method of sale on the enforcement debtor
and any other person specified by the regulations.
(2) In addition to any information prescribed by the regulations,
the notice of the method of sale may set out the minimum price for
which the agency proposes to sell the land.
(3) If the notice of the method of sale sets out the minimum price
for which the agency proposes to sell the land, the following
applies:
(a) the notice must state that any person who objects to the land
being sold for the proposed minimum price must serve a
notice of objection on the agency within 30 days from the
day of being served with notice of the method of sale;
(b) if any person serves a no tice of objection on the agency
within the time mentioned in clause (a), the agency must not
sell the land except on terms that are approved of by the
Court;
(c) if a notice of objection is not served on the agency within
the time mentioned in clause (a), the agency may, without
an order of the Court, complete the sale of the land for a
price that equals or exceeds the proposed minimum price.
(4) If the notice of the method of sale does not set out the
minimum price for which the agency proposes to sell the land, the
following applies:
(a) on entering into an agreement to sell the land, the agency
must serve notice of the terms of the sale on
(i) every person who was served with notice of the method
of sale, and
(ii) if the instructing credito r is the buyer, every other
enforcement creditor with a related writ at the time that
the notice is given;
(b) the notice of the terms of sale must state that any person
who objects to the terms of the proposed sale must serve a
notice of objection on the agency within 15 days from the
day of being served with notice of the terms of sale;

RSA 2000

(c) if a person serves a notice of objection on the agency within
the time mentioned in clause (b), the agency shall not
complete the sale unless authorized to do so by the Court;
(d) if a notice of objection is not served on the agency within
the time mentioned in clause (b), the agency may, without
an order of the Court, complete the sale.
1994 cC-10.5 s74