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AR 276/95 CIVIL ENFORCEMENT REGULATION

(Consolidated up to 273/2009)

ALBERTA REGULATION 276/95

Civil Enforcement Act

CIVIL ENFORCEMENT REGULATION

Table of Contents

                1       Definitions

                2       Definitions re the Act

                3       Forms

Part 1
Civil Enforcement Agencies, Bailiffs and Receivers

Division 1
Business of Agencies and Bailiffs

                4       Address for service

                5       Information on documents, etc.

                6       Fees

                7       Reports

                8       Carrying out seizures and evictions

             8.1       Access to motor vehicle information

                9       Landlords powers

              10       Indemnification

              11       Distribution re distress

              12       Code of Conduct

              13       Reports registered in Registry

              14       Distribution of funds

              15       Discharge of process

              16       Records re civil enforcement proceedings

              17       Financial records

              18       Deposit, withdrawal and payment of money

              19       Records to be maintained

              20       Monthly report

Division 2
Appointment of Bailiffs

              21       Definition

              22       Application

              23       Term of appointment, etc.

              24       Renewal of appointment

              25       Ongoing training

              26       Suspension, etc. of appointment

              27       Notification

              28       Review of sheriffs decision

              29       Appeal

              30       Address to which material may be sent

              31       When appointment is suspended

Division 3
Receivers

              32       Receivers

              33       Duties of receiver

              34       Inspection of records

              35       Distribution of proceeds

Part 2
Exemptions

              36       Definitions

              37       General exemptions

              38       Distress

              39       Employment earnings

              40       Determination of employment earnings exemptions

           40.1       Registered plan payment

           40.2       Minimum and maximum exemptions


Part 3
Reporting Obligations of Enforcement Creditors

              41       Payments

              42       Stays

              43       Effect of non-registration

              44       Distribution

Part 4
Sale of Land Under Writ of Enforcement

              45       Definitions

              46       Notice of intention to sell

              47       Notice of method of sale

              48       Land not under the Land Titles Act

Part 6
Expiry, Repeal and Commencement

              62       Expiry

              63       Repeal

              64       Commencement

Schedules

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Civil Enforcement Act;

                                 (b)    “agency” means a civil enforcement agency;

                                 (c)    “bailiff” means a civil enforcement bailiff;

                                 (d)    “Registry” means the Personal Property Registry;

                                 (e)    “telecopier” means a machine or device that electronically transmits a copy of a document, picture or other printed material by means of a telecommunication system.

Definitions re the Act

2   For the purposes of the Act, “seizure documents” means

                                 (a)    the warrant under which the seizure or distress is carried out,

                                 (b)    the Notice of Seizure of Personal Property and Addendum, where applicable,

                                 (c)    the Notice of Objection where applicable, and

                                 (d)    the Information for Debtor where the seizure is conducted pursuant

                                           (i)    to writ proceedings, or

                                          (ii)    to distress proceedings by a landlord.

AR 276/95 s2;203/2002

Forms

3(1)  The forms set out in Schedule 4 are to be used for the purposes of carrying out seizures, evictions, sales and distributions under the Act.

(2)  The undertaking referred to in section 13(2)(i) of the Act shall be in the form set out in Schedule 4.

Part 1
Civil Enforcement Agencies,
Bailiffs and Receivers

Division 1
Business of Agencies and Bailiffs

Address for service

4   An agency must maintain

                                 (a)    an address for service in Alberta, and

                                 (b)    a telecopier telephone number of a receiving telecopier that is located in Alberta by which documents may be served on the agency.

Information on documents, etc.

5   Where an agency provides a written document, letter or form, or similar material, to any person, the agency must set out on that document, letter, form or material the agency’s

                                 (a)    name, address, telephone number and telecopier number, and

                                 (b)    address for service, if the agency’s address for service is not the same as the agency’s address.

Fees

6(1)  An agency

                                 (a)    must provide to the sheriff a current tariff of fees setting out the fees that the agency charges for carrying out a duty or function under the Act,

                                 (b)    is only eligible to charge a fee for carrying out a duty or function if a fee for carrying out that duty or function is set out in the agency’s tariff of fees that is provided to the sheriff, and

                                 (c)    shall not charge a fee for carrying out a duty or function other than the fee set out in the agency’s tariff of fees that is provided to the sheriff.

(2)  An agency may change its tariff of fees that the agency has provided to the sheriff  by providing the sheriff with an amended or new tariff of fees.

(3)  An agency’s tariff of fees or an amendment to an agency’s tariff of fees is not effective until it is actually received by the sheriff.

Reports

7   Where a bailiff

                                 (a)    has seized or removed property or attempted to seize or remove property,

                                 (b)    has carried out or attempted to carry out an eviction, or

                                 (c)    has enforced or attempted to enforce an order of the Court,

the bailiff must complete a Bailiff’s Report and Addendum, where applicable, in the form set out in Schedule 4 and provide to the instructing creditor a copy of that report and the agency’s statement of account for the services rendered.

Carrying out seizures and evictions

8(1)  Unless otherwise ordered by the Court, an agency shall not carry out or attempt to carry out a seizure or eviction or a removal of seized property at a residence between the hours of 10 p.m. and the following 6 a.m.

(2)  On effecting a seizure in respect of writ proceedings or landlord distress proceedings, a bailiff must provide to the person whose property was seized an Information for Debtor form as set out in Schedule 4.

(3)  A seizure of property shall not be conducted under section 54(b)(i) of the Act unless

                                 (a)    a bailiff has attempted to effect the seizure under section 45 of the Act and has failed to do so

                                           (i)    because the property to be seized is not reasonably accessible due to weather conditions or the location of the property, or

                                          (ii)    because of concerns respecting the safety of the property or of the bailiff,

                                     or

                                 (b)    an agency has reasonable grounds for believing that

                                           (i)    an attempt to seize the property under section 45 of the Act would likely be unsuccessful due to a reason referred to in clause (a), or

                                          (ii)    seizing the property under section 54(b)(i) of the Act rather than section 45 of the Act would likely result in a substantial saving in the overall cost of the seizure proceedings.

(4)  Where a seizure is conducted under section 54(b)(i) of the Act, the agency must attach to the seizure documents served under section 54(b)(ii) of the Act a statement

                                 (a)    stating that the seizure was not effected under section 45 of the Act, and

                                 (b)    setting out the reasons or circumstances referred to in subsection (3) as to why the seizure was not effected under section 45 of the Act.

AR 276/95 s8;103/2005

Access to motor vehicle information

8.1(1)  In this section,

                                 (a)    “motor vehicle information” means personal driving and motor vehicle information as defined in section 8(1)(a) of the Traffic Safety Act;

                                 (b)    “Registrar” means the Registrar as defined in the Traffic Safety Act.

(2)  Motor vehicle information may be released by the Registrar under the Access to Motor Vehicle Information Regulation (AR 140/2003) to agencies and bailiffs for the purpose of carrying out seizures of personal property under the Act.

AR 82/2004 s2

Landlords powers

9   Nothing in the Act shall be construed so as to restrict a landlord from

                                 (a)    re‑entering and taking physical possession of leased premises, or

                                 (b)    taking steps to deny access to leased premises,

pursuant to a lease where the exercise of those powers does not involve the physical removal of the tenant.

Indemnification

10(1)  In this section, “agency” includes a bailiff and any other person acting on behalf of an agency.

(2)  Any agreement or arrangement entered into between an agency and a creditor in respect of

                                 (a)    a seizure of property,

                                 (b)    the removal, handling, storage or release of seized property,

                                 (c)    evictions,

                                 (d)    distress proceedings,

                                 (e)    distribution of proceeds, or

                                  (f)    any other duty or function that an agency may carry out under the Act

must not purport to exclude or restrict the agency’s liability for or indemnify an agency against the negligence or wilful misconduct by the agency.

(3)  If an agreement or arrangement entered into between an agency and a creditor in respect of any matter referred to in subsection (2)(a) to (f) contains any provision that

                                 (a)    purports to exclude or restrict or has the effect of excluding or restricting the agency’s liability for, or

                                 (b)    purports to indemnify or has the effect of indemnifying  an agency against liability for

negligence or willful misconduct by the agency, that provision is void.

Distribution re distress

11(1)  Proceeds arising from landlord distress proceedings shall be distributed in the following manner:

                                 (a)    first, to the fees and expenses earned or incurred by a distributing authority in connection with the distress;

                                 (b)    second, to the costs incurred by the landlord in connection with the carrying out of the distress, and any other costs that the Court has directed to be paid out of the proceeds;

                                 (c)    third, to the landlord’s claim;

                                 (d)    fourth, subject to section 96(2) of the Act, to the person against whom the distress was carried out.

(2)  Nothing in this section shall be construed so as to prejudice any right to money that is based on an interest, including a security interest or an encumbrance,

                                 (a)    in the money, or

                                 (b)    in the property from which the money is derived,

where that interest has priority over the right to realize on the property seized under the distress proceedings.

Code of Conduct

12   In carrying out their duties and functions,

                                 (a)    agencies must comply with the Code of Conduct for Civil Enforcement Agencies set out in Schedule 1, and

                                 (b)    bailiffs must comply with the Code of Conduct for Civil Enforcement Bailiffs set out in Schedule 2.

Reports registered in Registry

13(1)  An agency must,

                                 (a)    within 3 days from the day of conducting a seizure, register in the Registry a report in a form acceptable to the sheriff setting out the details of the seizure;

                                 (b)    within 10 days from the day of disposing of or releasing from seizure personal property that has been seized, amend, in a form acceptable to the sheriff, the registration referred to in clause (a) setting out the details of the disposition or release from seizure of the property;

                                 (c)    within 3 days from the day of conducting a distribution of funds, amend, in a form acceptable to the sheriff, the registration referred to in clause (a) setting out the details of the distribution of the funds.

(2)  For the purposes of determining time periods under subsection (1), Saturdays and holidays are to be excluded when making the determination.

AR 276/95 s13;203/2002

Distribution of funds

14(1)  Within 30 days from the day that money becomes a distributable fund, the agency must serve, in any manner permitted under Rule 353 or 354 of the Alberta Rules of Court,  a proposed distribution under Part 11 of the Act.

(2)  If

                                 (a)    there are no objections to a proposed distribution referred to in subsection (1), or

                                 (b)    there were objections to a proposed distribution referred to in subsection (1) but the objections were abandoned or were withdrawn or deemed to be withdrawn,

the agency must make the distribution forthwith.

(3)  Within 30 days from the day of acquiring the proceeds that arise from distress proceedings, the distributing authority must distribute the proceeds.

Discharge of process

15(1)  Where an agency has carried out a distribution, the agency must, within one year from the day of completing the  distribution, register in the Registry a discharge of all of the reports registered in the Registry under section 13.

(2)  Where an agency that has a debtor’s property under seizure releases that property from seizure, the agency must, as soon as practicable after that property has been released from seizure, notify the debtor that the debtor’s property has been released from seizure.

AR 276/95 s15;203/2002

Records re civil enforcement proceedings

16   An agency must maintain an accurate and complete record that is satisfactory to the sheriff of all matters in respect of civil enforcement proceedings in which the agency was involved.

Financial records

17   An agency must maintain financial records satisfactory to the sheriff.

Deposit, withdrawal and payment of money

18(1)  Where an agency receives money in respect of civil enforcement proceedings, the agency must within 3 days from the day of receiving that money deposit that money in a trust account maintained in a bank, treasury branch, loan corporation, trust corporation or credit union at an office that is located in Alberta.

(2)  An agency shall not withdraw money from a trust account except for the following purposes:

                                 (a)    a distribution made pursuant to the Act;

                                 (b)    the payment to the agency of fees and disbursements to which the agency is entitled;

                                 (c)    the correction of an error caused by money being deposited in the trust account by mistake;

                                 (d)    the return of all or part of a deposit provided by an instructing creditor;

                                 (e)    any other payment that is required under law.

Records to be maintained

19(1)  For a period of time prescribed or otherwise approved by the sheriff an agency must maintain at a location approved by the sheriff all of the agency’s files, records, documents and other things created or received while engaged in the business of an agency.

(2)  An agency must during normal business hours of the agency provide public access to all of the files, records,  books, papers, documents and other things referred to in subsection (1), unless otherwise directed by the sheriff.

Monthly report

20   An agency must, within the time prescribed by the sheriff, provide to the sheriff monthly reports that are satisfactory to the sheriff.

Division 2
Appointment of Bailiffs

Definition

21   In this Division, “appeal panel” means the persons designated by the Minister to conduct an appeal under this Division.

Application

22(1)  An application for appointment as a bailiff must be made in a form acceptable to the sheriff and be accompanied by

                                 (a)    a fee of $100, and

                                 (b)    an affidavit of the applicant in the form set out in Schedule 3.

(2)  The sheriff may

                                 (a)    with respect to a person who has applied for appointment as a bailiff, make whatever inquiry and investigation that the sheriff considers appropriate, and

                                 (b)    make or refuse to make the appointment when in the opinion of the sheriff that action is in the public interest.

(3)  A person shall not be appointed as a bailiff unless that person has

                                 (a)    to the satisfaction of the sheriff, completed a course and passed an examination approved by the sheriff,

                                 (b)    entered into any agreement, undertaking or other arrangement as may be required by the sheriff,

                                 (c)    provided to the sheriff a current criminal record check, and

                                 (d)    provided to the sheriff either a fingerprint check in respect of that person or an undertaking to provide a fingerprint check within a time to be specified by the sheriff.

AR 276/95 s22;203/2002;103/2005

Term of appointment, etc.

23(1)  The appointment of a bailiff expires 2 years from the day that the appointment comes into effect, unless cancelled sooner.

(2)  The appointment of a bailiff is not in effect during the time that the bailiff is not employed by or otherwise providing services for an agency.

Renewal of appointment

24(1)  An appointment of a bailiff may be renewed for further periods of 2 years each.

(2)  Where a bailiff wishes to renew that bailiff’s appointment, the bailiff must, not less than 30 days prior to the expiration of that appointment, forward to the sheriff

                                 (a)    an application for a renewal of the bailiff’s appointment in a form acceptable to the sheriff, and

                                 (b)    a renewal fee of $100.

AR 276/95 s24;203/2002

Ongoing training

25   As a condition of a person maintaining that person’s appointment as a bailiff, the sheriff may from time to time require that person to take ongoing training as may be prescribed by the sheriff.

Suspension, etc. of appointment

26   At the discretion of the sheriff, the sheriff may suspend or cancel an appointment of a bailiff if the bailiff

                                 (a)    is convicted of an indictable offence or an offence punishable by imprisonment for 2 or more years;

                                 (b)    is convicted of a contravention of the Act or an offence under any law concerning fraud, breach of trust or intentional bodily injury;

                                 (c)    fails in the opinion of the sheriff to comply with any provision of the Code of Conduct for Civil Enforcement Bailiffs;

                                 (d)    fails to pay a judgment for damages sustained by reason of an act or omission arising from the duties, functions or responsibilities of the bailiff;

                                 (e)    has made an untrue statement in the application for appointment as a bailiff;

                                  (f)    fails to comply with a written direction of the sheriff;

                                 (g)    is not in the opinion of the sheriff a fit and proper person to hold an appointment as a bailiff;

                                 (h)    fails to take ongoing training as required by the sheriff;

                                  (i)    fails to comply with an undertaking provided under section 22(3)(d).

AR 276/95 s26;103/2005

Notification

27   When the sheriff

                                 (a)    refuses to issue or renew a person’s appointment as a bailiff, or

                                 (b)    has cancelled or suspended or proposes to cancel or suspend a person’s existing appointment as a bailiff,

the sheriff must inform that person by registered mail of the sheriff’s decision.

Review of sheriffs decision

28(1)  On receiving the sheriff’s decision, the person in respect of whom the decision was made may, not later than 30 days from the day that the sheriff sent the notification of the sheriff’s decision to that person, submit in writing a request to the sheriff that the decision be reviewed by the sheriff.

(2)  Where a person requests a review under subsection (1), that person may in respect of that review make any submissions or submit any material that the person considers relevant to the matter being reviewed.

(3)  When requested to conduct a review of a decision, the sheriff must, within 30 days from the day that the request for a review was received by the sheriff,

                                 (a)    consider any additional information and material provided,

                                 (b)    review the reasons on which the original decision was based, and

                                 (c)    by registered mail inform the person who requested the review of the sheriff’s decision on the review.

AR 276/95 s28;203/2002

Appeal

29(1)  When the sheriff has conducted a review under section 28 and given a decision on the review, the person who requested the review may appeal that decision to an appeal panel by serving a notice of appeal on the sheriff not later than 15 days from the day that the notice of the sheriff’s decision was given.

(2)  The notice of appeal must set out the grounds on which the appeal is based.

(3)  Within 30 days from the day that the sheriff was served with a notice of appeal, the Minister must appoint an appeal panel to hear the appeal.

(4)  The appeal panel may

                                 (a)    confirm, reverse or vary the decision of the sheriff, and

                                 (b)    make any decision with respect to the subject‑matter of the appeal that the sheriff was entitled to make in the first instance.

(5)  The appeal panel must inform the appellant by registered mail of the decision of the appeal panel.

Address to which material may be sent

30   Where a decision or other material is to be sent to a person by the sheriff or an appeal panel, that decision or other material may be sent to that person at that person’s latest address known to the sheriff or the appeal panel.

When appointment is suspended

31(1)  If a person’s appointment as a bailiff is suspended or cancelled or the person ceases to be employed as a bailiff by or under contract to any agency, that person

                                 (a)    must return to the sheriff the bailiff’s identification card and badge issued to that person, and

                                 (b)    shall not carry out any of the duties or functions of a bailiff.

(2)  When an appointment has been cancelled, it cannot be reactivated except through a new application and the payment of the required fee.

Division 3
Receivers

Receivers

32   Only the following persons are eligible to be appointed as  receivers under the Act:

                                 (a)    a licensed trustee in bankruptcy;

                                 (b)    a person, other than a licensed trustee in bankruptcy, who

                                           (i)    to the satisfaction of the Court, is qualified to carry out the functions and duties of a receiver in the circumstances for which the receiver is being appointed, and

                                          (ii)    provides such security as may be required by the Court.

Duties of receiver

33(1)  Unless otherwise ordered by the Court, a receiver must do the following:

                                 (a)    take custody and control of the property that is subject to the receivership;

                                 (b)    hold in a trust account all money coming under the receiver’s control through the receivership;

                                 (c)    keep detailed records, in accordance with accepted accounting practices, of all receipts, expenditures and transactions involving the property that is subject to the receivership;

                                 (d)    at least once in every 180‑day period after the receiver’s appointment, file with the clerk of the Court financial statements of the receiver’s administration;

                                 (e)    on completion of the receiver’s duties, file with the clerk of the Court a final account of the receiver’s administration.

(2)  Where a receiver has filed a financial statement or a final account, as the case may be, with the clerk of the Court under subsection (1)(d) or (e), the receiver must, within 15 days from the day of that filing, register in the Registry a notice that the financial statement or the final account, as the case may be, has been filed with the clerk of the Court.

Inspection of records

34(1)  An enforcement debtor, an enforcement creditor or an agency may, by a request in writing served on a receiver, require the receiver to make the following documents and material available for inspection during normal business hours at the place of business in Alberta of the receiver:

                                 (a)    the records referred to in section 33(1)(c);

                                 (b)    the financial statements referred to in section 33(1)(d);

                                 (c)    the final account referred to in section 33(1)(e).

(2)  Unless otherwise ordered by the Court, a receiver must comply with a request made under subsection (1) within 15 days from the day of being served with the request.

Distribution of proceeds

35   Where a receiver liquidates property that is subject to the receivership, the receiver shall, unless otherwise ordered by the Court, distribute the proceeds from the property in the same manner as if the receiver were a distributing authority under Part 11 of the Act.

Part 2
Exemptions

Definitions

36   For the purposes of Part 12 of the Act and this Part,

                                 (a)    “dependant” means one or more of the following:

                                           (i)    the spouse or adult interdependent partner of the enforcement debtor;

                                          (ii)    any child of an enforcement debtor who is under the age of 18 years and lives with the debtor;

                                         (iii)    any relative of an enforcement debtor or of the enforcement debtor’s spouse or adult interdependent partner who, by reason of mental or physical infirmity, is financially dependent on the enforcement debtor;

                                         (iv)    any other person who the Court determines is financially dependent on the enforcement debtor;

                                 (b)    “relative” means

                                           (i)    a spouse or adult interdependent partner;

                                          (ii)    a parent or grandparent;

                                         (iii)    a child;

                                         (iv)    a brother or sister;

                                          (v)    a brother‑in‑law, sister‑in‑law, father‑in‑law or mother‑in‑law;

                                         (vi)    an aunt or uncle;

                                        (vii)    a first or second cousin.

                                 (c)    repealed AR 109/2003 s6.

AR 276/95 s36;109/2003

General exemptions

37(1)  The following are the maximum amounts allowed for exempt property under section 88 of the Act:

                                 (a)    the maximum exemption for clothing referred to in section 88(b) of the Act is $4000;

                                 (b)    the maximum exemption for household furnishings and appliances referred to in section 88(c) of the Act is $4000;

                                 (c)    the maximum exemption for the motor vehicle referred to in section 88(d) of the Act is $5000;

                                 (d)    the maximum exemption for personal property referred to in section 88(h) of the Act is $10 000;

                                 (e)    the maximum exemption for a principal residence referred to in section 88(g) of the Act is $40 000.

(2)  In addition to the property referred to in section 88 of the Act, the following property is exempt from writ proceedings:

                                 (a)    where an enforcement debtor sells

                                           (i)    exempt property, or

                                          (ii)    property that is exempt up to a prescribed value,

                                          the proceeds from that sale, or the proceeds from that sale up to the stated value, as the case may be, are exempt for a period of 60 days from the day of the sale if those proceeds are not intermingled with any other funds of the enforcement debtor;

                                 (b)    any payment made to an enforcement debtor that is

                                           (i)    an income support payment paid under the Income and Employment Supports Act,

                                          (ii)    a handicap benefit paid under the Assured Income for the Severely Handicapped Act, or

                                         (iii)    a widow’s pension paid under the Widows’ Pension Act,

                                          if the proceeds from the payment are not intermingled with any other funds of the enforcement debtor;

                                 (c)    any property that is exempt from writ proceedings under another enactment in force in Alberta.

AR 276/95 s37;203/2002;103/2005

Distress

38(1)   For the purposes of Part 12 of the Act and this section, “household furnishings and appliances” means

                                 (a)    one washing machine and dryer,

                                 (b)    one kitchen suite,

                                 (c)    bedroom suites and bedding,

                                 (d)    kitchen appliances, including one each of a stove, a microwave, a refrigerator and a freezer,

                                 (e)    kitchen utensils, and

                                  (f)    carriages, strollers, cradles and cribs necessary for the use of the debtor’s children;

(2)  Where a distress is carried out under Part 12 of the Act, the following are the maximum amounts allowed for exempt property under section 88 of the Act:

                                 (a)    the maximum exemption for clothing referred to in section 88(b) of the Act is $4000;

                                 (b)    the maximum exemption for household furnishings and appliances referred to in section 88(c) of the Act is $1000;

                                 (c)    the maximum exemption for personal property referred to in section 88(h) of the Act is $10 000, in the case of a distress carried out in respect of residential premises.

AR 276/95 s38;203/2002

Employment earnings

39(1)  For the purposes of section 77(1)(h) of the Act, the following are the deductions to be made from a person’s total employment earnings in order to determine that person’s net pay:

                                 (a)    income tax paid by that person;

                                 (b)    Canada Pension Plan contributions paid by that person;

                                 (c)    Unemployment Insurance contributions paid by that person.

(2)  Unless otherwise ordered by the Court, for the purpose of determining an enforcement debtor’s minimum and maximum employment earnings exemption under section 81 of the Act,

                                 (a)    the minimum exemption is $800 plus $200 per dependant, and

                                 (b)    the maximum exemption is $2400 plus $200 per dependant.

(3)  The Court, on application, may modify the minimum or maximum employment earnings exemption to which an enforcement debtor is entitled.

(4)  In considering an application under subsection (3), the Court should take into consideration at least the following:

                                 (a)    the family responsibilities of the enforcement debtor;

                                 (b)    the personal circumstances of the enforcement debtor;

                                 (c)    the conduct of the enforcement debtor in the carrying out of the enforcement debtor’s financial affairs;

                                 (d)    the earnings of the enforcement debtor’s dependants.

AR 276/95 s39;109/2003

Determination of employment earnings exemptions

40(1)  For the purposes of determining, with respect to a debtor’s employment earnings, the exemptions to which a debtor is entitled, a garnishee may assume that the debtor does not have any dependants other than those persons that the debtor has, in a written statement given to the garnishee, identified as dependants of the debtor.

(2)  Except as otherwise ordered by the Court, the garnishee, if acting in good faith, is entitled to rely on the written statement given to the garnishee by the debtor under subsection (1).

Registered plan payment

40.1(1)  In this section, “net registered plan payment” means the amount determined under subsection (3).

(2)  For the purposes of garnishing an enforcement debtor’s registered plan payment, the following applies:

                                 (a)    in any month during which a garnishee summons is in effect, the garnishee summons attaches the amount, if any, by which an enforcement debtor’s net registered plan payment for the month exceeds the enforcement debtor’s actual registered plan payment exemption for the month;

                                 (b)    the registered plan payment that is attached by a garnishee summons in any month must be paid by the garnishee to the clerk who issued the garnishee summons;

                                 (c)    at the end of each month during which a garnishee summons is in effect, the garnishee shall deliver to the clerk who issued the garnishee summons a statement setting out

                                           (i)    the enforcement debtor’s total registered plan payments during the month,

                                          (ii)    the number of the enforcement debtor’s dependants, and

                                         (iii)    the particulars of any amounts deducted in calculating the enforcement debtor’s net registered plan payment for the month;

                                 (d)    subject to clause (e), an enforcement debtor’s actual registered plan payment exemption for any month is the sum of

                                           (i)    the enforcement debtor’s minimum exemption, and

                                          (ii)    1/2 of any amount by which the enforcement debtor’s net registered plan payment exceeds the enforcement debtor’s minimum exemption;

                                 (e)    an enforcement debtor’s actual registered plan payment exemption for any month must not exceed the enforcement debtor’s maximum exemption;

                                  (f)    if the enforcement debtor receives a registered plan payment from more than one source, the Court on application may reduce or eliminate the enforcement debtor’s actual exemption that is applicable to any source of a registered plan payment;

                                 (g)    a garnishee’s compensation for dealing with the garnishee summons as permitted under the Act must always be included in the calculation of the amount attached by a garnishee summons, but may actually be deducted from the enforcement debtor’s registered plan payment only where the debtor’s net registered plan payment exceeds the enforcement debtor’s actual exemption.

(3)  The net registered plan payment is the registered plan payment less any amounts deducted or withheld pursuant to the Alberta Personal Income Tax Act and the Income Tax Act (Canada).

(4)  For the purposes of determining, with respect to a debtor’s registered plan payment, the actual exemptions to which a debtor is entitled, a garnishee may assume that the debtor does not have any dependants other than those persons that the debtor has, in a written statement given to the garnishee, identified as dependants of the debtor.

(5)  Except as otherwise ordered by the Court, the garnishee, if acting in good faith, is entitled to rely on the written statement given to the garnishee by the debtor under subsection (4).

AR 273/2009 s2

Minimum and maximum exemptions

40.2(1)  Subject to this section, for the purpose of determining an enforcement debtor’s minimum and maximum registered plan payment exemption under section 40.1(2)(d),

                                 (a)    the minimum exemption is $800 plus $200 per dependant, and

                                 (b)    the maximum exemption is $2400 plus $200 per dependant.

(2)  Where an enforcement debtor’s registered plan payment from a particular source varies substantially between months by reason that the enforcement debtor receives a registered plan payment

                                 (a)    at intervals in excess of one month,

                                 (b)    at irregular intervals, or

                                 (c)    in irregular amounts,

the Court, on application, may increase the minimum or maximum exemption for any particular month, so that the enforcement debtor’s total exemptions over the course of the garnishment proceedings will approximate what they would have been if the enforcement debtor’s registered plan payments had been uniformly distributed over the relevant months.

(3)  The Court, on application, may modify the minimum or maximum registered plan payment exemption to which an enforcement debtor is entitled.

(4)  In considering an application under subsection (3), the Court must take into consideration at least the following:

                                 (a)    the family responsibilities of the enforcement debtor;

                                 (b)    the personal circumstances of the enforcement debtor;

                                 (c)    the conduct of the enforcement debtor in the carrying out of the enforcement debtor’s financial affairs;

                                 (d)    the earnings of the enforcement debtor’s dependants.

AR 273/2009 s2

Part 3
Reporting Obligations of
Enforcement Creditors

Payments

41   If an enforcement creditor

                                 (a)    receives any money on account of the amount owing under a writ of enforcement, or

                                 (b)    receives anything by way of satisfaction, either wholly or in part, of the amount owing under a writ of enforcement,

the enforcement creditor must, within 15 days from the day that the enforcement creditor received that money or that satisfaction, register in the Registry a status report to amend the amount owing under the writ of enforcement.

Stays

42   If an enforcement creditor enters into an agreement that provides that proceedings under a writ of enforcement are to be stayed or suspended, the enforcement creditor must, within 15 days from the day of entering into that agreement, register in the Registry a status report that discloses the fact that the proceedings are stayed or suspended, as the case may be.

Effect of non-registration

43   Where an enforcement creditor fails to register in the Registry

                                 (a)    a status report under section 41 amending the amount owing under the writ of enforcement, or

                                 (b)    a status report under section 42 that discloses the fact that the proceedings under a writ of enforcement have been stayed or suspended, as the case may be,

that failure does not affect the validity of the writ of enforcement.

Distribution

44   The requirement to register a status report in the Registry under section 41 does not apply in the case where the enforcement creditor receives money or satisfaction by way of a distribution made by a distributing authority.

Part 4
Sale of Land Under
Writ of Enforcement

Definitions

45   In this Part,

                                 (a)    “registered owner” means a person who is shown on a certificate of title issued under the Land Titles Act as an owner, including a co‑owner, of a freehold or leasehold estate in land that is the subject of sale proceedings under the Civil Enforcement Act;

                                 (b)    “responsible Minister” means, in respect of land that has not been brought under the Land Titles Act, the member of the Executive Council

                                           (i)    who has responsibility for the administration of the land, or

                                          (ii)    whose consent to a disposition of the land by a person with an interest in the land is required by an enactment;

                                 (c)    “standard information” means the following information:

                                           (i)    the name of the enforcement debtor whose land is the subject of sale proceedings;

                                          (ii)    the name and address for service, including the telecopier number, of the agency that is carrying out the sale proceedings;

                                         (iii)    the name and address for service of the instructing creditor;

                                         (iv)    the judicial district and action number in which the instructing creditor’s writ of enforcement was issued;

                                          (v)    the legal description of the land that is the subject of the sale proceedings;

                                         (vi)    the nature of the enforcement debtor’s interest in the land, insofar as it is known to the instructing creditor;

                                 (d)    “subordinate claimant” means, in respect of land that is the subject of sale proceedings under the Act, a person who has or claims to have an interest in the land that is subordinate to a writ of enforcement.

Notice of intention to sell

46(1)  The notice of intention to sell land required by section 70 of the Act

                                 (a)    must contain

                                           (i)    all of the standard information,

                                          (ii)    a statement that the agency has been instructed by the instructing creditor to sell the enforcement debtor’s interest in the land described in the notice,

                                         (iii)    a statement that, unless the Court otherwise orders, the agency cannot offer the land for sale until the expiration of a 180‑day waiting period after the notice has been served on the persons who are required to be served with the notice,

                                         (iv)    a statement that if the debtor’s principal residence is located on the land, the land may be exempt, in whole or in part, from sale under writ proceedings, and

                                          (v)    a statement that if the enforcement debtor claims that the land is exempt in whole or in part from sale under writ proceedings, the enforcement debtor must serve a written claim on the agency before the expiration of the waiting period,

                                     and

                                 (b)    must be served on

                                           (i)    the enforcement debtor,

                                          (ii)    every registered owner, and

                                         (iii)    every subordinate claimant whose claim is recorded on the certificate of title for the land.

(2)  Before land may be sold under the Act by an agency, the agency must file a caveat against the certificate of title to the land setting out the notice of intention to sell the land.

AR 276/95 s46;203/2002

Notice of method of sale

47(1)  The notice of the method of sale required by section 74 of the Act must contain

                                 (a)    all of the standard information,

                                 (b)    the proposed method of sale,

                                 (c)    if the proposed method of sale is by listing with a real estate agent,

                                           (i)    the name, business address and telephone number of the listing agent,

                                          (ii)    the price at which the land is to be listed,

                                         (iii)    whether the listing is to be exclusive or multiple,

                                         (iv)    the duration of the listing, and

                                          (v)    the amount of, or method of calculating, the real estate agent’s commission,

                                 (d)    if the proposed method of sale is by tender,

                                           (i)    the method of publicizing the invitation for tender, and

                                          (ii)    the terms of the invitation for tenders,

                                     and

                                 (e)    if the proposed method of sale is by auction,

                                           (i)    the name of the auction agency,

                                          (ii)    the terms on which it is proposed to offer the land for auction, and

                                         (iii)    the amount of or method of calculating the auction agency’s commission.

(2)  The notice of the proposed method of sale required by section 74 of the Act must be served on

                                 (a)    the enforcement debtor,

                                 (b)    every registered owner, and

                                 (c)    every subordinate claimant whose claim is recorded on the certificate of title for the land.

(3)  Where an agency sells land, the agency must

                                 (a)    within 10 days from the day of the sale of the land register in the Registry a report in a form acceptable to the sheriff setting out the details of the sale, and

                                 (b)    within 3 days from the day of conducting a distribution of funds arising from the sale of the land, amend, in a form acceptable to the sheriff, the registration referred to in clause (a) setting out the details of the distribution of the funds.

(4)  For the purposes of determining time periods under subsection (3), Saturdays and holidays are to be excluded when making the determination.

AR 276/95 s47;203/2002

Land not under the Land Titles Act

48(1)  This section applies only to the sale of an enforcement debtor’s interest in land that has not been brought under the Land Titles Act.

(2)  Part 7 of the Act, except for section 75 of the Act, and sections 46(a) and 47(1) of this Regulation apply to the sale of an enforcement debtor’s interest in land that has not been brought under the Land Titles Act.

(3)  The notice of intended sale required by section 70 of the Act and the notice of the method of sale required by section 74 of the Act must be served on

                                 (a)    the enforcement debtor,

                                 (b)    any subordinate claimant of whom the agency has knowledge, and

                                 (c)    the responsible Minister.

(4)  An agency that is carrying out a sale under this section must comply with any direction as to the method or conditions of sale that is given to the agency by the responsible Minister.

Part 5   Repealed AR 203/2002 s12.

Part 6
Expiry, Repeal and Commencement

Expiry

62   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or amended form following a review, this Regulation expires on December 31, 2013.

AR 276/95 s62;229/2001;203/2002

Repeal

63   The following are repealed:

                                 (a)    Fees Regulation (Alta. Reg. 219/93);

                                 (b)    Forms Regulation (Alta. Reg. 472/81);

                                 (c)    Forms Regulation (Alta. Reg. 491/81);

                                 (d)    Seizures (Tariff of Fees) Regulation (Alta. Reg. 138/87).

Commencement

64(1)  This Regulation comes into force on the day that the Civil Enforcement Act comes into force.

(2)  Notwithstanding subsection (1), Part 5 comes into force on the day that section 109 of the Civil Enforcement Act comes into force.


Schedule 1

Code of Conduct for
Civil Enforcement Agencies

1   In this Code of Conduct, a reference to a civil enforcement agency includes a reference to the directors, officers and employees of a civil enforcement agency.

2   A civil enforcement agency must

                                 (a)    discharge the agency’s responsibilities with integrity;

                                 (b)    treat all persons fairly, courteously and with respect;

                                 (c)    provide equal and impartial services to all persons for whom the agency provides services;

                                 (d)    comply with the provisions of

                                           (i)    the Civil Enforcement Act,

                                          (ii)    the regulations under the Civil Enforcement Act, and

                                         (iii)    any other law that governs the conduct of a civil enforcement agency in the discharge of the agency’s responsibilities;

                                 (e)    make full disclosure to the client;

                                  (f)    report all activities to the client;

                                 (g)    provide the client with detailed and accurate accounts of fees and disbursements;

                                 (h)    report all unlawful activities of which it becomes aware in the course of providing services under the Act to the sheriff and take any action as directed by the sheriff.

3   A civil enforcement agency must not

                                 (a)    conduct any seizure activities relating to a debt in which the agency has a financial interest other than in the form of fees paid to the agency pursuant to the tariff of fees provided to the sheriff;

                                 (b)    disclose any information of a confidential nature that comes to the knowledge of the agency except as required to perform the services of an agency;

                                 (c)    charge a fee other than the amount set out in the tariff of fees provided to the sheriff;

                                 (d)    carry on or have an interest in an auction sales business, as defined in the Public Auctions Act, a dealer wholesale auction business, an auction business that uses its facility for storing seized property or any other business engaged in the sale of seized property;

                                 (e)    carry on business as a private investigator or operate as a collection agency or as a collector for a collection agency;

                                  (f)    directly or indirectly, purchase any property that has been the subject of a seizure by an agency unless the agency has the consent of the debtor and all affected creditors to do so.

4   A civil enforcement agency must ensure that a civil enforcement bailiff who is acting on behalf of that agency complies with the Code of Conduct for Civil Enforcement Bailiffs.

5   A civil enforcement agency must notify every creditor for whom the agency is acting of any potential conflict of interest that may arise between that agency and that creditor.

AR 276/95 Sched.1;103/2005

Schedule 2

Code of Conduct for
Civil Enforcement Bailiffs

1   A civil enforcement bailiff must

                                 (a)    discharge all of the bailiff’s responsibilities with integrity;

                                 (b)    treat all persons fairly, courteously and with respect;

                                 (c)    provide equal and impartial services to all persons to whom the bailiff provides services;

                                 (d)    comply with the provisions of

                                           (i)    the Civil Enforcement Act,

                                          (ii)    the regulations under the Civil Enforcement Act, and

                                         (iii)    any other law that governs the conduct of civil enforcement bailiffs in the discharge of their responsibilities;

                              (d.1)    report all unlawful activities discovered during the course of carrying out his or her duties or functions under the Act to the instructing civil enforcement agency;

                                 (e)    when discharging the duties or functions of a civil enforcement bailiff,

                                           (i)    carry on the bailiff’s person the badge and identification card issued by the Alberta Department of Justice showing that the bailiff is a civil enforcement bailiff, and

                                          (ii)    where requested to do so, produce for inspection that badge and identification card.

2   A civil enforcement bailiff must not

                                 (a)    carry on any collection agency business, private investigation business or business engaged in the sale of seized property;

                                 (b)    directly or indirectly, purchase any property that has been the subject of a seizure by the bailiff unless the bailiff has the consent to do so of the debtor and all affected creditors;

                                 (c)    perform any services while under the influence of alcohol or illicit drugs;

                                 (d)    mislead or attempt to mislead anyone in the discharge of the bailiff’s responsibilities;

                                 (e)    directly or indirectly, demand or receive any fee, reward or gratuity for performing or not performing any services other than the fees charged by the civil enforcement agency under whose authority the bailiff is providing services;

                                  (f)    except as authorized under the Act, use, or allow the use of, the bailiff’s position or title to advance or benefit the private interests of the bailiff or of another person or organization or group of persons;

                                 (g)    disclose any information of a confidential nature that comes to the bailiff’s knowledge except as required to perform the services of the bailiff;

                                 (h)    represent that the bailiff is a civil enforcement bailiff or use the badge or identification card referred to in section 1(e), except when acting under the authority of a civil enforcement agency.

AR 276/95 Sched. 2;103/2005

Schedule 3

Affidavit

     I,               , of the              of              in the Province of                make oath and say:

1    That I have applied for an appointment as a bailiff under the Civil Enforcement Act;

2    That I have not been convicted of any offence under a law in force in Canada or outside Canada, excluding minor traffic offences, other than the following:

3    That there are no proceedings against me pending under any law in force in Canada or outside Canada, excluding minor traffic offences, other than the following:

4    That I have never been refused an appointment as a bailiff, except as follows:

5    That I have never used a name other than the name given in this affidavit, except as follows:

SWORN BEFORE ME at the              of    )
              , in the Province of Alberta, the     )
         day of                        ,                        ,)
 A.D.                                                            )            (Applicant’s signature
                                                                     )
A Commissioner for Oaths                          )
in and for the Province of Alberta)              )

Schedule 4

Form 1

Civil Enforcement Regulation                                                                   

Civil Enforcement Agency File Number

W a r r a n t

(Writ of Enforcement)                   

TO:                                                                                                                

            (Name and Address of Civil Enforcement Agency)                  

A Writ of Enforcement has been registered at Personal Property Registry as Registration Number   

You are hereby instructed to seize the personal property of    (Name and Address of Debtor)    in order to realize the sum of $   (Amount Owing as Registered at P.P.R.)    owing to    (Name of Creditor)    and the total amount of all related writs plus costs.

                                                                                                                       

Location of personal property if different from the debtor’s address

Dated at                       , Alberta, on               ,                                           .

                                                                                                                       
                       Signature of Instructing Creditor or Authorized Agent

                                                                                                                       
Print Name of Instructing Creditor or Authorized Agent

                                                                                                                       
Address of Instructing Creditor or Authorized Agent                  City

(Province      Postal Code      Telephone Number      Fax Number)

                                                                                                                       
RELATED WRITS ‑ SEE REVERSE OR ATTACHED SEARCH RESULTS.

 

AMOUNT OWING THIS WRIT               

$

 

PLUS TOTAL OF Related Writs               

$

 

                      PLUS Seizure Fees and Costs

$

 

                                                           T O T A L

$

 

CREDITOR / INSTRUCTING PARTY MAY COMPLETE. RELATED WRITS:

NAME(S) AND ADDRESS(ES) OF CREDITOR(S)

 

$

 

 

$

 

 

$

 

                                                           T O T A L

$

 

Form 2
Civil Enforcement Regulation

                                                                                                                        

Previous P.P.R. Registration           Civil Enforcement Agency File Number

Number (W.C.B. only)

W a r r a n t

(Distress)                   

                                                                                        (Select Code from

                                 Type                          Code            table on reverse.)

TO:                                                                                                                

         (Name and Address of Civil Enforcement Agency)                     

You are hereby instructed to seize the personal property of

                                                                                                                       

                          (Name and Address of Debtor)                                

in order to satisfy an outstanding debt in the amount of  $                

owing to       (Name of Creditor)       plus costs.

            (Location of personal property if different from the debtor’s address)         

Dated at                               , Alberta, on               ,           .

                                                                                                                        

                        Signature of Instructing Creditor or Authorized Agent

                                                                                                                       

Print Name of Instructing Creditor or Authorized Agent

                                                                                                                       

Address of Instructing Creditor or Authorized Agent                  City

(Province     Postal Code     Telephone Number     Fax Number          )

Table of Seizures

DESCRIPTION

TYPE

Agriculture Financial Services Act

AFS

Bank Act

BAN

Landlord Distress

LRO

Municipal Government Act

MGA

Woodmen’s Lien Act

WLA

Workers’ Compensation Act

WCB

Other

OTH

Form 3
Civil Enforcement Regulation

                                                                                                                        

                                                        Civil Enforcement Agency File Number

W a r r a n t

(Garage Keepers’ Lien Act)                  

TO:                                                                                                                

      (Name and Address of Civil Enforcement Agency)                        

You are hereby instructed to seize the following vehicle:

Make                                                     Model                                            

Serial Number                                      Licence Number                           

the property of     (Name and Address of Owner)    now in the possession of     (Name and Address of Party in Possession)   

This vehicle is subject to a garage keeper’s lien registered in the Personal Property Registry on the                day of          ,      , as Registration Number                 .  Seizure is instructed to realize the sum of $                plus costs claimed by    Name of Creditor    for:

(Please indicate with an X the reason for the claim.)

    storage of motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle

    repair of a motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle

    maintenance of a motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle

    price of accessories or parts furnished for a motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle

    Possession of the motor vehicle or farm vehicle was surrendered to the owner or the owner’s agent on    .

    Repairs were completed to the motor vehicle, farm vehicle or part of a motor vehicle or a farm vehicle where the vehicle was not at the time of repair in the possession of the garage keeper on                         ,  .

    Accessories or parts were furnished to the motor vehicle or farm vehicle on                                             ,   .

Dated at                            , Alberta, on                   ,                                  .

                                                                                                                        

                        Signature of Instructing Creditor or Authorized Agent

                                                                                                                       

Print Name of Instructing Creditor or Authorized Agent

                                                                                                                       

Address of Instructing Creditor or Authorized Agent                  City

(Province     Postal Code     Telephone Number               Fax Number)

Form 4
Civil Enforcement Regulation

                                                                                                                        

Previous P.P.R. Registration           Civil Enforcement Agency File Number
Number

W a r r a n t

(Personal Property Security Act)

TO:                                                                                                                

          (Name and Address of Civil Enforcement Agency)                    

A security agreement was entered into on     (Date (M/D/Y)    between    (Name and Address of Debtor)    as debtor, and     Name and Address of Secured Party    as the secured party.

This security agreement is now in default and you are therefore instructed to seize the following personal property which is the subject‑matter of the agreement:

Describe Personal                                                                                       

Property to                                                                                                   

be seized.                                                                                                     

                                                                                                                       

The personal property is located at                                                         

Seizure is instructed to realize the sum of $             owing under the security agreement plus costs.

Dated at                     , Alberta, on                                                             

                                                                 

                                                                                                                       
                        Signature of Instructing Creditor or Authorized Agent

                                                                                                                       
Print Name of Instructing Creditor or Authorized Agent

                                                                                                                       
Address of Instructing Creditor or Authorized Agent                  City

(Province     Postal Code     Telephone Number               Fax Number)

Form 4.1
Civil Enforcement Regulation

                                                                                                                        
Previous P.P.R. Registration           Civil Enforcement Agency File Number
Number

W a r r a n t

(Distress/Chattel Lease - Civil Enforcement Act)

TO:                                                                                                                

            (Name and Address of Civil Enforcement Agency)              

A chattel lease was entered into on     (Date (m/d/y))     between     (Name and Address of Lessee)     as lessee, and     (Name and Address of Lessor)     as the lessor.

This chattel lease is now in default and you are therefore instructed to seize the following personal property which is the subject‑matter of the chattel lease:

Describe Personal Property to be seized:

                                                                                                                       

                                                                                                                       

The personal property is located at                                                         

Seizure is instructed to realize the sum of   $  (Retail Lease Payout)     owing under the chattel lease plus costs.

Dated at                     , Alberta, on                                                             

                                                                  

                                                                                                                        
                        Signature of Instructing Creditor or Authorized Agent

                                                                                                                       
Print Name of Instructing Creditor or Authorized Agent

                                                                                                                       
Address of Instructing Creditor or Authorized Agent                  City

      (Province     Postal Code     Telephone Number     Fax Number)

Form 5
Civil Enforcement Regulation

                                                                                                                        
                                                        Civil Enforcement Agency File Number

Notice of Seizure of Personal Property

TO:                                                                                                                

                                 (Name and Address of Debtor)                               

Take notice that to satisfy a claim against you for the sum $           plus costs and related Writs, if applicable.

                                  (Name and Address of Creditor)                            

has caused the following personal property and personal property listed in the addendum to be seized:

 

 

 

 

 

 

 

 

Addendum attached listing additional property.                        Yes

                                                                                                             No

Notice of Objection applicable to this seizure.                            Yes

                                                                                                             No

 

STRIKE OUT
IF NOT
APPLICABLE

If you object to the seizure, you must deliver the Notice of Objection to the Civil Enforcement Agency listed below within 15 days from the day that the seizure documents were served.

Dated at                                     , Alberta, on              ,                              .

                                                                                                                         

Bailiff’s Signature                     Print Name                                               

                                                                                                                       

Name of Civil Enforcement Agency                                                        

                                                                                                                       

Address of Civil Enforcement Agency                                             City

(Province     Postal Code       Telephone Number         Fax Number)

                                          Notice:   If you have concerns about the way that this seizure was conducted, contact the Civil Enforcement Agency listed above.
If you are unable to resolve your concerns with the Civil Enforcement Agency, you may contact the Sheriff - Civil Enforcement at (780) 422 2481.

Form 5.1

Civil Enforcement Regulation

                                                                                                                        

                                                        Civil Enforcement Agency File Number

Addendum to Notice of
Seizure of Personal Property

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated at                             , Alberta, on                 ,                                   .

                                                                                                                       

Bailiff’s Signature                                                                     Print Name 

Form 6

Civil Enforcement Regulation

                                                                                                                        

                                                        Civil Enforcement Agency File Number

Notice of Objection to Seizure of Personal Property

TO:                                                                                                                

(Name, Address and Fax Number of Civil Enforcement Agency)       

 

This Notice of Objection to Seizure of Personal Property will not be accepted if a reason for the objection is not provided.

I object to the seizure of the personal property mentioned in the Notice of Seizure of Personal Property for the following reason(s):

                                                                                                                       

                                                                                                                       

                                                                                                                       

                                                                                                                       
(IF ADDITIONAL SPACE REQUIRED, PLEASE WRITE ON REVERSE.)

IF YOU OBJECT TO THE SEIZURE OF PERSONAL PROPERTY, THIS NOTICE MUST BE DELIVERED TO THE ABOVE NOTED CIVIL ENFORCEMENT AGENCY WITHIN 15 DAYS OF THE DATE ON WHICH THE SEIZURE DOCUMENTS WERE SERVED.

If there is no valid reason for objecting to the seizure of the personal property, the sending of this notice may result in increased costs to you.

Dated at                             , Alberta, on               ,                                     .

THE FOLLOWING MUST BE COMPLETED:

                                                                                                                       

Signature of Debtor                                                                 Print Name 

                                                                                                                       

Mailing Address of Debtor                                                                City

(Province     Postal Code     Telephone Number               Fax Number)

Form 7

Civil Enforcement Regulation

<   Information for Debtor   =

READ THIS DOCUMENT IMMEDIATELY

Your property has been seized under the Civil Enforcement Act either to satisfy a judgment against you or to satisfy a landlord’s claim for unpaid rent (“landlord’s distress”).  This document sets out the exemptions to seizure to which you are entitled.  Please note that, if the seizure is to satisfy another kind of claim, you may not be entitled to exemptions.

 

Caution:

This document is not intended to provide legal advice.  You should seek legal advice if you have any questions regarding your rights and obligations.

CIRCUMSTANCES WHERE EXEMPTIONS DO NOT APPLY

The exemptions listed below do not apply in the following circumstances:

                                   1.    If you are not an individual (e.g. you are a corporation).

                                   2.    If the judgment against you is for the payment of maintenance or alimony.

                                   3.    If you have abandoned the seized property.

                                   4.    If the judgment arises out of an act for which you have been convicted of an offence under the Criminal Code.

EXEMPTIONS

Except where any one of the above circumstances apply, the following property is exempt from seizure:

 

 

 

WRITS

LANDLORD DISTRESS

1.

Food required by you and your dependants during the next 12 months.

 

 

2.

Clothing which is necessary for you and your dependants up to a value of

 

 

     $4,000

 

 

            $4,000

3.

Household furnishings and appliances up to a value of

 

     $4,000

 

         $1,000*

4.

One motor vehicle up to a value of

 

     $5,000

 

   Not exempt

5.

Medical and dental aids required by you or your dependants.

 

 

6.

If your principal source of income is from farming, personal property necessary for the proper and efficient running of your farm for the next 12 months.

 

 

7.

If item 6 does not apply to you, personal property required by you to earn income from your occupation up to a value of

 

 

 

   $10,000

 

 

 

$10 000 - in the case of Residential Premises

8.

Money payable by the Agriculture Financial Services Corporation in respect of a claim for loss or damage to crops.

 

 

*FOR LANDLORD DISTRESS PURPOSES ONLY

Household Furnishings and appliances means one washing machine and dryer; one kitchen suite; bedroom suites and bedding; kitchen appliances including one each of a stove, a microwave, a refrigerator and a freezer; kitchen utensils; and, carriages, strollers, cradles and cribs necessary for the use of the debtor’s children.

NOTICE OF OBJECTION

                                   ●    If you believe that there is a valid reason why the property that has been seized should not have been seized you must serve the Notice of Objection that has been provided to you on the Civil Enforcement Agency that made the seizure.

                                   ●    The Civil Enforcement Agency must receive the Notice of Objection from you within 15 days of the day that the seizure documents were served on you or an adult member of your household.  Your Notice of Objection will be void if the Civil Enforcement Agency receives it after the 15 day period has expired or if you do not give a reason for your objection.

                                   ●    The address of the Civil Enforcement Agency to which you must deliver your Notice of Objection is indicated at the top of the Notice of Objection.

 

Warning:        If your objection to seizure is not based on valid reasons you could be required to pay legal costs resulting from your objection.

 

Notice:  If you have concerns about the way that this seizure was conducted, contact the Civil Enforcement Agency shown on the Notice of Seizure of Personal Property.  If you are unable to resolve your concerns with the Civil Enforcement Agency, you may contact the Sheriff - Civil Enforcement at (780) 422-2481.

Form 8

Civil Enforcement Regulation

                                                                                                                        

                                                        Civil Enforcement Agency File Number

Bailees Undertaking

In consideration of the seized personal property listed in the attached Notice of Seizure of Personal Property being left in my possession, I agree to act as Bailee for the Civil Enforcement Agency and keep the said personal property in good condition at:

   (Address or Land Location Where Personal Property Will Be Stored) and deliver it to the Civil Enforcement Agency whenever and wherever it may be required.

I understand that non-delivery or conversion of the personal property may result in a conviction under the Criminal Code for which a term of imprisonment may be imposed.

Dated at                            , Alberta, on                        ,                             .

Bailee:                                                                                                            

                                 Signature of Bailee                                  Print Name

                                                                                                                        

                                Address of Bailee                  City               Province

                              (Postal Code      Telephone Number     Fax Number)

Witness:                                                                                                        

                               Signature of Witness                                Print Name 

                                                                                                                        

                               Address of Witness               City               Province

                              (Postal Code      Telephone Number     Fax Number)

                                                                                                                       

Name of Civil Enforcement Agency                                                        

                                                                                                                       

Address of Civil Enforcement Agency                                             City

(Province      Postal Code      Telephone Number      Fax Number)

NOTE:  ATTACH TO EACH COPY OF
THE NOTICE OF SEIZURE OF
PERSONAL PROPERTY.

Form 9

Civil Enforcement Regulation

                                                                                                                        

                                                        Civil Enforcement Agency File Number

Bailiffs Report

(STATUTORY DECLARATION)                  

                                          CREDITOR                                                                                  

                                          DEBTOR                                                                                      

I,    Name of Bailiff    of the City/Town of                      , Alberta hereby solemnly declare that on the              day of                            I,

 effected seizure    attempted to effect seizure     made removal  attempted to make removal

at    (Address / Land Description where Seizure / Removal / Attempt Made)   , by serving the

□  Warrant (if applicable)                      Notice of Seizure of Personal
                                                                           Property

□  Information for Debtor Form            Notice of Objection to Seizure
                                                                            of Personal Property

  on the debtor(s) or adult member           by attaching the
       of the personal debtor’s household,              documents to the seized
                                                                           property / posting in a
                                                                           conspicuous place.

The seized personal property was:

      left on a Bailee’s Undertaking at:       Removed to:

                                                                                                                       

Location

COMMENTS

                                                                                                                       

                                                                                                                       

                                                                                                                       

  Addendum Attached of                          pages, each of which is incorporated in this Statutory Declaration and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

DECLARED BEFORE ME at                                                                    _
Alberta, on                    ,           .

                                                                                                                        

                                                                                                      Bailiff       

                                                                    

A Commissioner for Oaths / Notary Public

                                                                    

Print Name and Expiry Date

 

 

                                                       

Name of Instructing Party

CIVIL ENFORCEMENT AGENCY FEES

Filing

$

 

                                                       

Address of Instructing Party   City

Seizure/Settlement/

Removal/Attempt

$

 

(Province)                (Postal Code)

Kilometres Travelled

$

 

                                                       

Name of Civil Enforcement Agency

Hours

$

 

                                                       

Address                                   City

Phone Calls

$

 

 

Other

$

 

(Province                    Postal Code

Telephone No.                 Fax No.)

G.S.T.

$

 

 

T O T A L

$

 

Form 9.1

Civil Enforcement Regulation

                                                                                                                                                                                     

                                                        Civil Enforcement Agency File Number

Bailiffs Report ‑ Addendum

Comments ‑ continued

                                                                                                                       

                                                                                                                       

                                                                                                                       

                                                                                                                       

                                                                                                                        

                                                                                       Signature of Bailiff

Form 10 and Form 10.1   Repealed AR 203/2002 s14.

AR 276/95 Sched.4;221/2004;103/2005