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PROCEEDINGS AGAINST THE CROWN ACT

PROCEEDINGS AGAINST THE CROWN ACT

Chapter P‑25

Table of Contents

                1      Definitions

                2      Other Acts

                3      Other rights

                4      Right to sue Crown

                5      Liability of Crown in tort

                6      Indemnity and contribution rules

                7      Compensation for land expropriated by Crown

                8      Proceedings against Crown

                9      Appeals, etc.

              11      Documents and questioning

              12      Designation of Crown

              13      Service on Crown

              14      Trials

              15      Interpleader

              16      Rights of parties

              17      Injunctions

              18      Recovery of property

              19      Set‑off and counterclaim

              20      Advance information

              21      Crown defence

              22      Proceedings in rem

              23      Interest

              24      Certificates

              25      Execution or attachment


              26      Petition of right proceedings

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                           (a)    “agent” when used in relation to the Crown includes an independent contractor employed by the Crown;

                           (b)    “Crown” means Her Majesty the Queen in right of Alberta;

                           (c)    “officer”, in relation to the Crown, includes a Minister of the Crown and any servant of the Crown;

                           (d)    “order” includes a judgment, decree, rule, award and declaration;

                           (e)    “person” does not include the Crown;

                            (f)    “proceedings against the Crown” includes a claim by way of set‑off or counterclaim raised in proceedings by the Crown and interpleader proceedings to which the Crown is a party.

RSA 1980 cP‑18 s1

Other Acts

2   This Act is subject to the Workers’ Compensation Act, the Land Titles Act as to claims against the General Revenue Fund, the Alberta Personal Income Tax Act, the Alberta Corporate Tax Act and any other enactments designated by the Lieutenant Governor in Council.

RSA 2000 cP‑25 s2;RSA 2000 cA‑30 s92;2013 c11 s2

Other rights

3   Except as otherwise provided in this Act, nothing in this Act

                           (a)    subjects the Crown to greater liability in respect of the acts or omissions of an independent contractor employed by the Crown than that to which the Crown would be subject in respect of those acts or omissions if it were a private person,

                           (b)    affects any right of the Crown to intervene in proceedings affecting its rights, property or profits,

                           (c)    subjects the Crown to proceedings under this Act in respect of a cause of action that is enforceable against a corporation or other agency owned or controlled by the Crown, or

                           (d)    subjects the Crown to proceedings under this Act in respect of any thing done in the due enforcement of the criminal law or the penal provisions of any Act of the Legislature.

RSA 1980 cP‑18 s3

Right to sue Crown

4   A claim against the Crown that, if this Act had not been passed, might be enforced by petition of right, subject to the grant of a fiat by the Lieutenant Governor, may be enforced as of right by proceedings against the Crown in accordance with this Act, without the grant of a fiat by the Lieutenant Governor.

RSA 1980 cP‑18 s4

Liability of Crown in tort

5(1)  Except as otherwise provided in this Act and notwithstanding section 14 of the Interpretation Act, the Crown is subject to all those liabilities in tort to which, if it were a person of full age and capacity, it would be subject,

                           (a)    in respect of a tort committed by any of its officers or agents,

                           (b)    in respect of any breach of those duties that a person owes to that person’s servants or agents by reason of being their employer,

                           (c)    in respect of any breach of the duties attaching to the ownership, occupation, possession or control of property, and

                           (d)    under any statute or under any regulation or bylaw made or passed under the authority of any statute.

(2)  No proceedings lie against the Crown under subsection (1)(a) in respect of an act or omission of an officer or agent of the Crown unless the act or omission would, apart from this Act, have given rise to a cause of action in tort against that officer or agent or that officer’s or agent’s personal representative.

(3)  When a function is conferred or imposed on an officer of the Crown as such, either by a rule of common law or by statute and that officer commits a tort in the course of performing or purporting to perform the function, the liability of the Crown in respect of the tort is such as it would have been if the function had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.

(4)  An enactment that negates or limits the amount of the liability of an officer of the Crown in respect of any tort committed by that officer, in the case of proceedings against the Crown under this section in respect of a tort committed by that officer, applies in relation to the Crown as it would have applied in relation to that officer if the proceedings against the Crown had been proceedings against that officer.

(5)  When property vests in the Crown by virtue of a rule of law that operates independently of the acts or the intentions of the Crown, the Crown is not, by virtue of this Act, subject to liability in tort by reason only of the property being so vested, but this subsection does not affect the liability of the Crown under this Act in respect of any period after the Crown or any person acting for the Crown has in fact taken possession or control of the property or entered into occupation of it.

(6)  No proceedings lie against the Crown under this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge responsibilities of a judicial nature vested in that person or responsibilities that the person has in connection with the execution of judicial process.

RSA 1980 cP‑18 s5

Indemnity and contribution rules

6   The law relating to indemnity and contribution is enforceable by and against the Crown in respect of any liability to which it is subject as if the Crown were a person of full age and capacity.

RSA 1980 cP‑18 s6

Compensation for land expropriated by Crown

7   An owner of land expropriated by the Crown and an owner of land injuriously affected by the exercise of the power of expropriation is entitled to due compensation for any damages necessarily resulting from the exercise of the power of expropriation beyond any advantage that the owner may derive from any purpose for which the land was expropriated or by which the land was injuriously affected.

RSA 1980 cP‑18 s7

Proceedings against Crown

8   Except as otherwise provided in this Act, all proceedings against the Crown in any court shall be instituted and proceeded with in accordance with the relevant law governing the practice in that court.

RSA 1980 cP‑18 s8

Appeals, etc. 

9   Except as otherwise provided in this Act, all enactments and rules of court relating to appeals and stays of execution or proceedings, with all necessary modifications, apply to proceedings against the Crown.

RSA 1980 cP‑18 s9

10   Repealed 2013 cS‑19.3 s16.

Documents and questioning

11   In proceedings against the Crown, the Alberta Rules of Court as to production and inspection of records and questioning apply in the same manner as if the Crown were a corporation, except that the Crown may refuse to produce a record or to make answer to a question in questioning on the ground that the production of it or the answer would be injurious to the public interest.

RSA 2000 cP‑25 s11;2009 c53 s141

Designation of Crown

12   In proceedings under this Act, the Crown shall be designated “Her Majesty the Queen in right of Alberta”.

RSA 1980 cP‑18 s12

Service on Crown

13   A document to be served on the Crown shall be served by leaving a copy with the Minister of Justice and Solicitor General or the Deputy Minister of Justice or any barrister or solicitor employed in the Department of Justice and Solicitor General.

RSA 2000 cP‑25 s13;2013 c10 s23

Trials

14   In proceedings against the Crown, the trial shall be without a jury.

RSA 1980 cP‑18 s14

Interpleader

15   The Crown may obtain relief by way of interpleader proceedings and may be made a party to those proceedings in the same manner as a person may obtain relief by way of those proceedings or be made a party to them, and, subject to this Act, the law and practice relating to interpleader proceedings between persons shall have effect accordingly.

RSA 1980 cP‑18 s15;1994 cC‑10.5 s149

Rights of parties

16   Except as otherwise provided in this Act, in proceedings against the Crown the rights of the parties are as nearly as possible the same as in a suit between person and person and the court may make any order, including an order as to costs, that it may make in proceedings between persons and may otherwise give any appropriate relief the case may require.

RSA 1980 cP‑18 s16

Injunctions

17(1)  When in proceedings against the Crown any relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, the court shall not, as against the Crown, grant an injunction or make an order for specific performance but may, instead, make an order declaratory of the rights of the parties.

(2)  The court shall not in any proceedings grant an injunction or make an order against an officer of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown that could not have been obtained in proceedings against the Crown but may, instead, make an order declaratory of the rights of the parties.

RSA 1980 cP‑18 s17

Recovery of property

18   In proceedings against the Crown in which the recovery of real or personal property is claimed, the court shall not make an order for its recovery or delivery but may, instead, make an order declaring that the claimant is entitled as against the Crown to the property claimed or to possession of it.

RSA 1980 cP‑18 s18

Set‑off and counterclaim

19(1)  No person may set off or counterclaim

                           (a)    in proceedings by the Crown for the recovery of taxes, duties or penalties, or

                           (b)    in proceedings of any other nature by the Crown, if the set‑off or counterclaim arises out of a right or claim to repayment in respect of any taxes, duties or penalties.

(2)  Subject to subsection (1), a person may set off or counterclaim in proceedings by the Crown if the subject‑matter of the set‑off or the counterclaim relates to a matter under the administration of the particular government department with respect to which proceedings are brought by the Crown.

RSA 1980 cP‑18 s19

Advance information

20   Before taking any step in proceedings against the Crown, the Crown may require the claimant to provide the Crown with any information the Crown may reasonably require as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned.

RSA 1980 cP‑18 s20

Crown defence

21(1)  In proceedings against the Crown, any defence that, if the proceedings were between persons, could be relied on by the defendant as a defence to the proceedings or otherwise may be relied on by the Crown.

(2)  In proceedings against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without the permission of the court to be obtained on an application of which notice has been given to the Crown.

RSA 2000 cP‑25 s21;2014 c13 s49

Proceedings in rem

22   Nothing in this Act authorizes proceedings in rem in respect of any claim against the Crown or the seizure, attachment, arrest, detention or sale of any property of the Crown.

RSA 1980 cP‑18 s22

Interest

23   A judgment debt due to or from the Crown bears interest in the same way as a judgment debt due from one person to another.

RSA 1980 cP‑18 s23

Certificates

24(1)  Subject to this Act, when in proceedings against the Crown an order for costs or any other order is made by a court against the Crown, the proper officer of the court, on an application in that behalf, shall issue a certificate for it.

(2)  If the court so directs, a separate certificate shall be issued with respect to the costs, if any, ordered to be paid to the applicant.

(3)  A certificate issued under this section may be served on the person for the time being named in the record as the solicitor, or as the person acting as solicitor, for the Crown.

(4)  When the order provides for the payment of money by way of damages or otherwise, or of costs, the certificate shall state the amount so payable and, subject to subsection (5), the President of Treasury Board and Minister of Finance shall pay out of the General Revenue Fund to the person entitled or to the person’s order the amount appearing by the certificate to be due together with the interest, if any, lawfully due on it.

(5)  The court by which the order is made or a court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of the amount so payable or any part of it is suspended and if the certificate has not been issued may order the direction to be inserted in it.

RSA 2000 cP‑25 s24;2006 c23 s66;2013 c10 s23

Execution or attachment

25   No execution or attachment or process in the nature of execution or attachment shall be issued out of any court for enforcing payment by the Crown of money or costs.

RSA 1980 cP‑18 s25

Petition of right proceedings

26   Proceedings against the Crown by petition of right are abolished.

RSA 1980 cP‑18 s26