Part 1 — General
5 Applications to Court
agency, give directions in respect of or determine any matter or
issue that arises out of any civil enforcement proceedings.
(1.1) An application under this Act
(a) must be made by way of an application to the Court, and
(b) shall not be made ex parte u nless it is expressly authorized
under this Act or the Alberta Rules of Court to be made ex
parte.
(2) On considering an application under this Act, the Court may do
any one or more of the following:
(a) make any order, including a binding declaration of right and
injunctive relief, that is necessary to ensure compliance with
this Act or to ensure protection of the interests of any person
in property that is subject to civil enforcement proceedings;
(b) give directions to any person regarding the exercise of that
person's rights or performance of that person's functions or
duties under this Act;
(c) give directions respec ting the carrying out of civil
enforcement proceedings;
(d) stay enforcement of rig hts provided in this Act;
(e) direct that an enforceme nt creditor replace another
enforcement creditor as the instructing creditor;
(f) abridge any period of tim e provided for under this Act;
(g) in the case of an application made under a provision of this
Act other than subsection (1), give any other order, direction
or relief that is permitted or otherwise provided for under
that provision;
(h) make an order granted under this Act subject to any terms or
conditions that the Court considers appropriate in the
circumstances;
RSA 2000
(i) except where this Act provi des otherwise, make any other
order or direction in respect of matters coming under this
Act that the Court considers appropriate in the
circumstances;
(j) award costs.
(3) Where the Court stays the enforcement of rights by order under
subsection (2)(d),
(a) the order may be register ed in the Personal Property
Registry, and
(b) until the order is registe red in the Personal Property
Registry, the order does not affect any person who does not
have actual knowledge of the order.
RSA 2000 cC-15 s5;2009 c53 s2