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     Alberta Regulation 264/95

     Municipal Government Act

     BUSINESS REVITALIZATION ZONE AMENDMENT REGULATION

     Filed:  November 6, 1995

Made by the Minister of Municipal Affairs (M.O. L: 416/95) pursuant to
section 53 of the Municipal Government Act.




1   The Business Revitalization Zone Regulation (Alta. Reg. 377/94) is
amended by this Regulation.


2   Section 4(3) is repealed and the following is substituted:

     (3)  If the chief administrative officer declares a petition to be
sufficient, council may not pass a bylaw establishing a business
revitalization zone set out in the request until 2 years have passed from
the day the petition was declared to be sufficient.


3   Section 7 is repealed and the following is substituted:

Amendments to BRZ bylaw
     7   Sections 3 and 4 do not apply to an amendment of a business
revitalization zone bylaw or when a business revitalization zone is
disestablished.

Change in boundaries
     7.1(1)  A council may not pass a proposed bylaw to amend a business
revitalization zone bylaw that changes the boundaries of the zone unless,
before the proposed bylaw receives second reading,

               (a)  the zone's board consents to the change in
boundaries, and

               (b)  taxpayers in the zone and people who would be
taxpayers under the change in boundaries are provided with an opportunity
to make representations concerning the change to council.

     (2)  Before the proposed bylaw receives second reading, the
municipality must take reasonable steps to ensure that a notice that meets
the requirements of subsection (3) is mailed or delivered to every taxable
business in the zone and to every business that would be a taxable business
under the change in boundaries.

     (3)  The notice must set out

               (a)  a summary of the proposed bylaw, including a
description of the change in boundaries,

               (b)  a statement that taxpayers in the zone and people
who would be taxpayers under the change in boundaries may make
representations concerning the proposed bylaw to council, and

               (c)  the manner and time period for making those
representations.


4   Section 23 is amended

     (a)  in subsection (1) by striking out "receiving a sufficient
petition referred to in section 22" and substituting "the chief
administrative officer's declaring a petition referred to in section 22 to
be sufficient";

     (b)  in subsection (2) by striking out "council receives a
sufficient petition referred to in section 22" and substituting "a petition
referred to in section 22 is declared to be sufficient".


5   Section 26(1) is amended by striking out "establish" and substituting
"disestablish".



     ------------------------------

     Alberta Regulation 265/95

     Government Organization Act

     AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION

     Filed:  November 8, 1995

Made by the Lieutenant Governor in Council (O.C. 698/95) pursuant to
Schedule 10, section 2 of the Government Organization Act.


1   The Authorized Accredited Agencies Regulation (Alta. Reg. 184/95) is
amended by this Regulation.


2   The Schedule is amended

     (a)  by striking out item 40;

     (b)  by adding the following after item 44:




45   AIM Project Services
712 Macleay Road NE, Calgary, Alberta   T2E 6A1
Building


46   Alberta Boilers Safety Association
6th Floor, 10808 - 99 Avenue, Edmonton, Alberta
T5K 0G5
Boilers



47   Alberta Electrical Inspection Services Ltd.
10310 - 76 Avenue, Grande Prairie, Alberta
T8W 1Y6
Electrical


48   Alsafe Inspections Agency Ltd.
General Delivery
Kelsey, Alberta
T0B 2K0
Electrical, gas, plumbing and private sewage disposal



49   Chuck's Electrical Inspection Services Ltd.
Box 535
Alix, Alberta
T0C 0B0
Electrical


50   City of Lethbridge Fire Department & Investigations Agency
1010 - 4 Avenue S
Lethbridge, Alberta   T1J 0P5
Fire



51   County of St. Paul No. 19 Inspection Services
5015 - 49 Avenue
St. Paul, Alberta
T0A 3A4
Building, electrical, gas, plumbing and private sewage disposal


52   Delta Catalytic Industrial Services Ltd.
8500 Macleod Trail South, Calgary, Alberta   T2H 2N2
Electrical



53   Elspect Electrical Ltd.
586 West Chestermere Drive
Chestermere, Alberta
T1X 1B4
Electrical


54   Exclusive Building Inspection Agency
184 Tamarack Avenue, Hinton, Alberta   T7V 1E2
Building


55   I.J.D. Electrical Inspection Services
4234 - 33 Street
Red Deer, Alberta
T4N 0N3
Electrical



56   Kenonic Inspection Services Ltd.
7175 - 12 Street SE
Calgary, Alberta
T2H 2S6
Electrical


57   Kokanee Consultants Ltd.
142, 7640 Elbow Dr.
SW, Calgary, Alberta
T2V 1K2
Electrical


58   L.P. Electrical Contracting and Consulting Services Ltd.
Box 1085
Pincher Creek, Alberta   T0K 7W0
Electrical



59   Michael P. Hermansen
Box 285, Breton, Alberta   T0C 0P0
Building


60   Montgomery Inspection Agencies
Box 2530, Lacombe, Alberta T0C 1S0
Gas, plumbing and private sewage disposal


61   Palliser Regional Municipal Services
P.O. Drawer 1900
Hanna, Alberta
T0J 1P0
Building, electrical, fire, gas, plumbing and private sewage disposal



62   Prairie Light & Power (Also O/A Alberta Permit Pro)
Site 10, Box 22, RR 5
Edmonton, Alberta
T5P 4B7
Electrical, gas, plumbing and private sewage disposal


63   Ramco Holdings Ltd.
Suite 350, Canada Place, 407 - 2nd Street SW,
Calgary, Alberta
T2P 2Y3
Electrical


64   Regent Electrical Ltd.
Box 7915
Bonnyville, Alberta
T9N 2J2
Electrical


65   SCO Services
26 McLevin Crescent
Red Deer, Alberta
T4R 1S9
Fire



66   Synergy Inspection Services
11008 - 162A Avenue
Edmonton, Alberta
T5X 2A1
Building


67   Ultima Inspection Agency Corporation
Box 6419, Station D
Calgary, Alberta
T2P 2E1
Electrical


68   UMA Inspection Services
514 Stafford Dr. N
Lethbridge, Alberta
T1J 3Z4
Building, electrical, gas, plumbing and private sewage disposal





     Alberta Regulation 266/95

     Government Organization Act

     CULTURAL GRANTS AMENDMENT REGULATION

     Filed:  November 8, 1995

Made by the Lieutenant Governor in Council (O.C. 699/95) pursuant to
section 13(2) of the Government Organization Act.


1   The Cultural Grants Regulation (Alta. Reg. 105/84) is amended by this
Regulation.


2   Section 2 of Part 3 of Schedule 1 to Division 2 is amended by adding
the following after subsection (2):

     (3)  The Minister may make a grant to a municipal or community board
that receives financial assistance from a municipality

               (a)  that was formerly an improvement district, and

               (b)  that was established as a municipality after
January 1, 1994

     of up to 1.4 times the financial assistance received in the previous
year.

     (4)  The total grant paid under subsection (3) is not to exceed $3.84
per resident of the municipality.


     ------------------------------

     Alberta Regulation 267/95

     Alberta Health Care Insurance Act

     OPTOMETRIC BENEFITS REGULATION

     Filed:  November 15, 1995

Made by the Minister of Health (M.O. 209/95) pursuant to section 7 of the
Alberta Health Care Insurance Act.


     Table of Contents

Definitions    1
Services  2
Rates of benefits   3
Claims    4
One benefit payable per day   5
Repeal    6
Coming into force   7

List of optometric services


Definitions
1   In this Regulation, "Schedule of Optometric Benefits" means the
Schedule of Optometric Benefits prepared and published by the Department of
Health and approved by the Minister.


Services
2   Benefits are payable for the optometric services set out in the list of
services attached to this Regulation and are payable only on behalf of a
resident who is 65 years of age or older or who is 18 years of age or
younger.


Rates of benefits
3   The rates of benefits payable for optometric services and descriptions
of those services are set out in the Schedule of Optometric Benefits.


Claims
4(1)  A resident is entitled only once in each period of 12 consecutive
months beginning on July 1 of each year,

     (a)  to the services referred to in clauses (a) and (b) of the list
of optometric services, and

     (b)  to any other single diagnostic procedure set out in clauses (c)
to (l).

(2)  A resident is entitled to the services more than once during the
particular period

     (a)  if the resident has been referred to the optometrist by a
physician, or

     (b)  if the Minister considers that it is appropriate to do so based
on the nature of the disease or condition of the resident. 


One benefit payable per day
5   Unless the Schedule of Optometric Benefits provides otherwise, a
benefit is payable on behalf of a resident for only one optometric service
per day.


Repeal
6   The Optometric Benefits Regulation (Alta. Reg. 214/92) is repealed.


Coming into force
7   This Regulation comes into force on November 15, 1995.


     LIST OF OPTOMETRIC SERVICES

     (a)  complete oculo-visual assessment including refraction and
writing of optical prescription for the fitting of corrective lenses;

     (b)  partial vision examination (2 or more single diagnostic
procedures);

     (c)  biomicroscopy;

     (d)  ophthalmoscopy;

     (e)  tear-chemistry evaluation;

     (f)  anterior chamber depth measurement;

     (g)  tonometry;

     (h)  colour vision testing;

     (i)  visual fields testing;

     (j)  refraction;

     (k)  examination for low vision aid;

     (l)  computer assisted visual fields.



     ------------------------------

     Alberta Regulation 268/95

     Alberta Health Care Insurance Act

     CHIROPRACTIC BENEFITS REGULATION

     Filed:  November 15, 1995

Made by the Minister of Health (M.O. 211/95) pursuant to section 7 of the
Alberta Health Care Insurance Act.


     Table of Contents

Definition     1
Classes of services 2
Rates of benefits   3
Maximum benefit     4
Repeal    5
Coming into force   6

List of Chiropractic Services


Definition
1   In this Regulation, "benefit period" means a period of 12 consecutive
months beginning on July 1 of each year.


Classes of services
2   Benefits are payable for the chiropractic services set out in the list
of services attached to this Regulation. 


Rates of benefits
3   The rates of benefits payable for chiropractic services and
descriptions of those services are set out in the Schedule of Chiropractic
Benefits prepared and published by the Department of Health and approved by
the Minister.


Maximum benefit
4   Benefits payable for each resident for chiropractic services are
limited

     (a)  to one visit per day,

     (b)  to one x-ray for each disability, and

     (c)  to a maximum of $200 in each benefit period.


Repeal
5   The Chiropractic Benefits Regulation (Alta. Reg. 215/92) is repealed.


Coming into force
6   This Regulation comes into force on November 15, 1995.

     LIST OF CHIROPRACTIC SERVICES

     (a)  chiropractic adjustment and manipulation;

     (b)  contrast baths;

     (c)  diathermy;

     (d)  electrotherapy;

     (e)  exercise therapy rehabilitation;

     (f)  hydrotherapy;

     (g)  infrared therapy;

     (h)  iontophoresis;

     (i)  laser therapy;

     (j)  massage - manual;

     (k)  microcurrent;

     (l)  orthotics;

     (m)  superficial cold (cryotherapy);

     (n)  superficial heat;

     (o)  traction;

     (p)  trigger point therapy;

     (q)  ultrasound wave therapy;

     (r)  ultraviolet wave therapy;

     (s)  vapo-coolant therapy;

     (t)  vibration therapy.



     ------------------------------

     Alberta Regulation 269/95

     Alberta Health Care Insurance Act

     BASIC HEALTH SERVICE BENEFITS PAYABLE TO
     DENTAL SURGEONS REPEAL REGULATION

     Filed:  November 15, 1995

Made by the Minister of Health (M.O. 213/95) pursuant to section 7 of the
Alberta Health Care Insurance Act.


1   The Basic Health Service Benefits Payable to Dental Surgeons Regulation
(Alta. Reg. 325/87) is repealed.


     ------------------------------

     Alberta Regulation 270/95

     Marketing of Agricultural Products Act

     EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

     Filed:  November 16, 1995

Made by the Alberta Egg Producers Board pursuant to section 27 of the
Marketing of Agricultural Products Act.


1   The Egg Production and Marketing Regulation (Alta. Reg. 28/93) is
amended by this Regulation.

2   Section 33(1) is amended by striking out "17 cents" and substituting
"19 cents".



     ------------------------------

     Alberta Regulation 271/95

     Mines and Minerals Act

     PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)
     AMENDMENT REGULATION

     Filed:  November 17, 1995

Made by the Deputy Minister of Energy (M.O. 39/95) pursuant to section 6 of
the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93).


1   The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.
36/95) is amended by this Regulation.


2   Section 4 is amended by adding the following after subsection (9):

     (10)  The following prices are prescribed for the September, 1995
production month:

             Item        Price

     Gas Reference Price $   1.20 per gigajoule
     Gas Par Price  $   1.07 per gigajoule
     Pentanes Reference Price $149.05 per cubic metre
     Pentanes Par Price  $140.05 per cubic metre
     Propane Reference Price  $ 93.64 per cubic metre
     Butanes Reference Price  $ 77.93 per cubic metre


3   Section 5 is amended by adding the following after subsection (9):

     (10)   The following allowances per cubic metre are prescribed for
the September, 1995 production month:

             Item   Price

     Fractionation Allowance  $8.50

     Transportation Allowance Region Region Region Region
               1    2    3    4

     (a)  pentanes plus described in s6(7)(b)(i) of the Natural Gas
Royalty Regulation, 1994 (Alta. Reg. 351/93)




     $3.59     $5.53     $8.79     $6.06


     (b)  propane and butanes described in s6(7)(b)(ii) of the Natural
Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)







     $12.37    $6.52     $8.89     $-1.32

     (c)  pentanes plus, propane and butanes described in s6(7)(b)(iii)
of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)






     $7.16     $8.33     $ 8.51    $12.16

     Storage Allowance for pentanes plus, propane and butanes



     $0.00



     ------------------------------

     Alberta Regulation 272/95

     Gas Resources Preservation Act

     APPROVAL OF SHORT-TERM PERMITS REGULATION

     Filed:  November 20, 1995

Made by the Minister of Energy (M.O. 30/95) pursuant to section 6(4) of the
Gas Resources Preservation Act.


Ministerial approval
1   The Minister's approval under section 6 of the Act is not required in
respect of an application for a permit or an amendment of a permit
authorizing the removal of gas, unless the gas is a mixture mainly of
ethane.




     Alberta Regulation 273/95

     Alberta Housing Act

     LODGE ASSISTANCE PROGRAM AMENDMENT REGULATION

     Filed:  November 22, 1995

Made by the Minister of Municipal Affairsl (M.O. H:138/95) pursuant to
section 34 of the Alberta Housing Act.


1   The Lodge Assistance Program Regulation (Alta. Reg. 406/94) is amended
by this Regulation.


2   Section 3(4) is amended by striking out "beginning in January of the
year following the year in which the additional units were added and
occupied" and substituting "on and from the date they are occupied if the
management body has obtained the approval of the Minister prior to adding
the additional units".


     ------------------------------

     Alberta Regulation 274/95

     Judgment Interest Act

     JUDGMENT INTEREST AMENDMENT REGULATION

     Filed:  November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 708/95) pursuant to
section 4 of the 
Judgment Interest Act.



1   The Judgment Interest Regulation (Alta. Reg. 364/84) is amended by this
Regulation.


2   The following is added after section 12:

     13   The interest rate from January 1, 1996 to December 31, 1996 is
prescribed at 5.5% per year.





     Alberta Regulation 275/95

     Dairy Industry Act

     DAIRY INDUSTRY AMENDMENT REGULATION

     Filed:  November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 712/95) pursuant to
section 58 of the Dairy Industry Act.


1   The Dairy Industry Regulation (Alta. Reg. 131/88) is amended by this
Regulation.


2   Section 47 is repealed and the following is substituted: 

Infractions
     47(1)  For the purpose of determining the grade of a producer's milk,
an infraction shall be deemed to have occurred each time that a producer's
milk

               (a)  fails to meet the standards in section 46(3)(a),
(b) or (c), or

               (b)  fails to meet the somatic cell count standard in
section 46(3)(d) during the current month, if the milk exceeded that
standard in each of the 2 preceding months and no infraction of that
standard was deemed to have occurred in either of the 2 preceding months. 

     (2)  A licensed bulk milk grader or an inspector may lift samples for 
the purposes of subsection (1). 












     Alberta Regulation 276/95

     Civil Enforcement Act

     CIVIL ENFORCEMENT REGULATION

     Filed:  November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 705/95) pursuant to
sections 106 and 109 of the Civil Enforcement Act.



     Table of Contents

Definitions    1
Definitions re the Act   2
Forms     3

     Part 1
     Civil Enforcement Agencies,
     Bailiffs and Receivers

     Division 1
     Business of Agencies and Bailiffs

Address for service 4
Information on documents, etc.     5
Fees 6
Reports   7
Carrying out seizures and evictions     8
Landlords' powers   9
Indemnification     10
Distribution re distress 11
Code of Conduct     12
Reports registered in Registry     13
Distribution of funds    14
Discharge of process     15
Records re civil enforcement proceedings     16
Financial records   17
Deposit, withdrawal and payment of money     18
Records to be maintained 19
Monthly report 20

     Division 2
     Appointment of Bailiffs

Definition     21
Application    22
Term of appointment, etc.     23
Renewal of appointment   24
Ongoing training    25
Suspension, etc. of appointment    26
Notification   27
Review of sheriff's decision  28
Appeal    29
Address to which material may be sent   30
When appointment is suspended 31

     Division 3
     Receivers

Receivers 32
Duties of receiver  33
Inspection of records    34
Distribution of proceeds 35

     Part 2
     Exemptions

Definitions    36
General exemptions  37
Distress  38
Employment earnings 39
Determination of employment earnings exemptions   40

     Part 3
     Reporting Obligations of Enforcement Creditors

Payments  41
Stays     42
Effect of non-registration    43
Distribution   44

     Part 4
     Sale of Land under Writ of Enforcement

Definitions    45
Notice of intention to sell   46
Notice of method of sale 47
Land not under the Land Titles Act 48

     Part 5
     Civil Enforcement Transitional Provisions

Definitions    49
Transitional period 50
Creditors responsibility re seized property  51
Notices re Seizures Act, section 40     52
Assignment of bailee's undertaking 53
Debtor's responsibility re seized property   54
Disposition of seized property     55
Disposition of funds     56
Notices   57
Priority of writs   58
Personal Property Registry re prior writ     59
Sheriff re writs after transitional period   60
Liability 61

     Part 6
     Expiry, Repeal and Commencement

Expiry    62
Repeal    63
Commencement   64

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.


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 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.


Landlord's 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.


Indemnifi-cation
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   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 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 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.


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   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.


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, and

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


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)  An application for a renewal of a bailiff's appointment must be

     (a)  forwarded to the sheriff in a form acceptable to the sheriff,
and

     (b)  accompanied by a fee of $100.


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.


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 sheriff's decision
28(1)  On receiving the sheriff's decision, the person in respect of whom
the decision was made may 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.


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)  any person for whom an enforcement debtor is
entitled to claim a spousal amount for the purposes of the Income Tax Act;

               (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 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;

               (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)  "spouse" includes a spousal equivalent.


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 the debtor's equity in 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 stated 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)  a social allowance paid under the Social
Development 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.


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

               (i)  $10 000, in the case of a distress carried out in
respect of residential premises, and

               (ii) $100, in the case of a distress carried out in
respect of premises other than residential premises.


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 spouse and dependants.


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).


     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   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.


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.


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

     CIVIL ENFORCEMENT TRANSITIONAL PROVISIONS

Definitions
49   In this Part,

     (a)  "debtor" means the person whose property is under seizure;

     (b)  "prior law" means the law in force immediately before January
1, 1996;

     (c)  "prior writ" means a writ of execution that existed immediately
prior to January 1, 1996

               (i)  that is a writ of enforcement by virtue of section
109 of the Act, and

               (ii) to which the Act would have applied if the Act had
been in force when that writ was issued;

     (d)  "seized property" means any personal property that the sheriff
has under seizure;

     (e)  "seizing creditor" means a creditor on whose behalf the sheriff
has seized property;

     (f)  "subsisting creditor" means a creditor, other than the seizing
creditor, who has a claim

               (i)  against seized property, and

               (ii) that is known to the sheriff.


Transitional period
50(1)   The transitional period commences on January 1, 1996.

(2)  For the purposes of the definition of "transitional period" in section
109(1)(e) of the Act, "the expiry of 12 months from the day of the
commencement of that period" means a 12-month period that commences on
January 1, 1996 and expires on December 31, 1996.


Creditors responsibility re seized property
51(1)  If after January 1, 1996 the sheriff has custody of seized property
or otherwise has property under seizure, the sheriff may by written notice
to the seizing creditor require that the seizing creditor take at least one
of the steps referred to in subsection (3) within 60 days from the day that
the sheriff gave the written notice to the seizing creditor.

(2)  If, within the 60-day period referred to in subsection (1), the
seizing creditor does not take at least one of the steps referred to in
subsection (3), the sheriff may by written notice to each of the subsisting
creditors, require the subsisting creditors to take at least one of the
steps referred to in subsection (3) within 60 days from the day that the
sheriff gave the written notice to the subsisting creditors.

(3)  For the purposes of subsections (1) and (2), the seizing creditor, in
the case of subsection (1), and the subsisting creditor, in the case of
subsection (2), must, on being given a notice by the sheriff, take at least
one of the following steps:

     (a)  direct the sheriff to release the seized property from seizure;

     (b)  give to the sheriff

               (i)  written direction to transfer to a civil
enforcement agency named in the written direction the custody of the seized
property and the responsibility for the enforcement proceedings in respect
of that property, and

               (ii) a written consent from that civil enforcement
agency stating that the civil enforcement agency accepts

                         (A)  the transfer of the custody of the
seized property,

                         (B)  the responsibility for the custody of
the seized property, and

                         (C)  the responsibility for the enforcement
proceedings in respect of the seized property;

     (c)  obtain an order of the Court giving directions governing the
disposition of the seized property.

(4)  Where a civil enforcement agency gives a written consent referred to
in subsection (3)(b)(ii) and takes custody of the seized property, the
sheriff is no longer responsible for that seized property or for the
enforcement proceedings in respect of that property.

(5)  The Court shall not make an order under subsection (3)(c) that has the
effect of requiring or otherwise directing the sheriff

     (a)  to take or maintain custody of the seized property, or

     (b)  to maintain or acquire the responsibility for the enforcement
proceedings in respect of the seized property.

(6)  Notwithstanding anything in this section, where

     (a)  the seizing creditor or subsisting creditor, as the case may
be, is The Workers' Compensation Board or a municipality, and

     (b)  that creditor is in a position under subsection (1) or (2) to
take the step referred to in subsection (3)(b),

the sheriff may at the request of The Workers' Compensation Board or the
municipality transfer the seized property to The Workers' Compensation
Board or the municipality, as the case may be.


Notices re Seizures Act, section 40
52(1)  Where prior to January 1, 1996 the sheriff has, in respect of
property under seizure, given a notice under section 40 of the Seizures
Act,

     (a)  that property and that seizure may be dealt with, and

     (b)  the Court may, subject to this section, make an order

 pursuant to section 40 of the Seizures Act as if section 40 of the
Seizures Act had not been repealed.

(2)  If the Court orders under section 40 of the Seizures Act that a
seizure be continued, the seizure shall be dealt with in accordance with
the Civil Enforcement Act.

(3)  Where an applicant for an order under section 40 of the Seizures Act
is unable to provide the Court with a civil enforcement agency to carry on
the seizure, the Court may release the property from seizure or make such
other order as the Court considers appropriate.

(4)  The Court shall not make an order under section 40 of the Seizures Act
or subsection (3) of this section that has the effect of requiring or
otherwise directing the sheriff

     (a)  to take or maintain custody of the seized property, or

     (b)  to maintain or acquire the responsibility for the enforcement
proceedings in respect of the seized property.


Assignment of bailee's undertaking
53(1)  In this section a reference to a civil enforcement agency taking
responsibility for the seizure of seized property refers to a  civil
enforcement agency

     (a)  taking custody of the seized property, or

     (b)  taking the responsibility for the carrying out of the
enforcement proceedings in respect of the seized property.

(2)  On a civil enforcement agency taking responsibility for the seizure of
seized property, any bailee's undertaking that was given to the sheriff in
respect of that seized property and that was in effect immediately prior to
the civil enforcement agency taking responsibility for the seizure of the
seized property is, by virtue of the civil enforcement agency taking
responsibility for the seizure of the seized property, assigned to the
civil enforcement agency.

(3)  In order for a civil enforcement agency to act under a bailee's
undertaking that was assigned to the civil enforcement agency under
subsection (2), the civil enforcement agency must within 30 days from the
day of the bailee's undertaking being assigned to the civil enforcement
agency notify in writing the person who gave the  bailee's undertaking of
the assignment.


Debtor's responsibility re seized property
54   If the sheriff has given notices under section 51 to the creditors,
and

     (a)  within the creditors' respective 60-day periods none of the
steps were taken by the creditors in accordance with the notices, or

     (b)  all of the creditors who were given the notices direct the
sheriff to release the seized property from seizure,

the sheriff may by written notice to the debtor require the debtor to

     (c)  take custody of the seized property, and

     (d)  pay the handling and storage costs, if any, owing in respect of
the handling and storage of the seized property

within 60 days from the day that the sheriff gave the written notice to the
debtor. 

Disposition of seized property
55(1)  Where a debtor to whom a notice is given under section 54

     (a)  advises the sheriff that the debtor wishes to take custody of
the seized property, and

     (b)  at the request of the sheriff, pays to the sheriff the amounts
owing in respect of the handling and storage of the seized property,

the sheriff shall

     (c)  release the seized property from seizure, and

     (d)  give to the debtor the custody of the seized property.

(2)  Where a debtor to whom a notice is given under section 54

     (a)  advises the sheriff that the debtor does not wish to take
custody of the seized property,

     (b)  does not, within the debtor's 60-day period referred to in
section 54, take custody of the seized property, or

     (c)  fails to pay, at the request of the sheriff, the amounts owing
in respect of the handling and storage of the seized property,

the sheriff may

     (d)  release the seized property from seizure, and

     (e)  where the seized property is in the possession of the sheriff,
dispose of the property in any manner that the sheriff considers
appropriate in the circumstances.

(3)  Nothing in this Regulation shall be construed so as to prohibit the
sheriff from disposing of seized property in a manner that does not produce
any proceeds.


Disposition of funds
56(1)  If any proceeds are produced from the disposition of seized property
under section 55(2), those funds must be dealt with in accordance with this
section.

(2)  Where

     (a)  all of the creditors to whom notices were given under section
51 have directed the sheriff to release the seized property from seizure,

but

     (b)  the debtor has not taken custody of the property in accordance
with a notice given under section 54,

the sheriff must pay any funds received in respect of the disposition of
the property, less any charges owing in respect of the handling and storing
of that property, to the Provincial Treasurer to be paid into the General
Revenue Fund.

(3)  Where

     (a)  none of the creditors to whom notices were given under section
51 took, within the creditors' respective 60-day periods, any of the steps
required to be taken under the notices, and

     (b)  the debtor did not, within the debtor's respective 60-day
period, take custody of the seized property in accordance with a notice
given under section 54,

the sheriff must pay any funds received in respect of the disposition of
the property, less any charges owing in respect of the handling and storing
of that property, into Court.

(4)  Where any funds are paid into Court under subsection (3),

     (a)  those funds must, for one year from the day that the funds were
paid into Court, be held in Court pending any application to the Court by
an interested party for payment out, and

     (b)  if the funds or a portion of them remain in Court after the
conclusion of that year or, where at the conclusion of that year there is
an application pending in respect of those funds, after the final
determination of that application, those funds must be paid to the
Provincial Treasurer to be paid into the General Revenue Fund.


Notices
57(1)  Any notice that may be given by the sheriff under sections 51 and 54
may be

     (a)  served as provided for by Rule 353 of the Alberta Rules of
Court, or

     (b)  sent by ordinary mail to the person to whom the notice is given
at that person's address last known to the sheriff.

(2)  If a notice that is sent to a person under section 51 or 54 is
returned to the sheriff as undeliverable, the sheriff may treat that person
as if a notice had been sent to and received by that person and that person
had not within the 60-day period that is applicable to that person taken
any of the steps referred to in section 51 or 54, as the case may be.

(3)  If the sheriff is unable, after using reasonable diligence in the
circumstances, to determine the address of a person to whom a notice is to
be given under section 51 or 54,

     (a)  that person is deemed not to be a creditor or debtor, as the
case may be, who is entitled to a notice under sections 51 to 56, and

     (b)  that person's interest in the property may be disregarded for
the purposes of sections 51 to 56.


Priority of writs
58(1)  Subject to section 109(2) of the Act, the order of priorities
between a prior writ and the interest of a third party is determined by the
prior law if the interest of the third party arose before January 1, 1996.

(2)  Other than in the situation referred to in subsection (1), the order
of priorities as between any writ, including a prior writ, and the interest
of a third party is governed in accordance with the Act.


Personal Property Registry re prior writ
59(1)  For the purposes of section 109 of the Act, a person may effect the
registration of a prior writ in the Personal Property Registry by
registering in the Personal Property Registry in respect of that prior writ
a Writ of Execution Transitional Registration Form and Addendum, where
applicable, set out in Schedule 4.

(2)  When a person files a writ transitional form in the Personal Property
Registry, that person must also direct the sheriff in writing to cancel the
filing of the writ with the sheriff.


Sheriff re writs after transitional period
60   Where a writ remains filed with the sheriff after the conclusion of
the transitional period, the sheriff shall cancel the filing of the writ
with the sheriff.


Liability
61   No liability attaches to the sheriff for any actions taken by the
sheriff under this Regulation.


     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 re-passed
in its present or amended form following a review, this Regulation expires
on December 31, 2001.


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).


Commence-ment
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 to 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.


     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;

     (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.


     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      )




















     Alberta Regulation 277/95

     Court of Queen's Bench Act
     Court of Appeal Act
     Civil Enforcement Act

     ALBERTA RULES OF COURT AMENDMENT REGULATION

     Filed:  November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 706/95) pursuant to
section 18 of the 
Court of Queen's Bench Act, section 15 of the Court of Appeal Act and
sections 106 and 107 of the Civil Enforcement Act.


1   The Alberta Rules of Court (Alta. Reg. 390/68) are amended by this
Regulation.


2   Rule 5 is amended

     (a)  by renumbering it as Rule 5(1);

     (b)  by repealing clause (b) and substituting the following:

               (b)  "address for service" means

                         (i)  a residence or place of business within
30 kilometres of the office of the clerk where the action was commenced or
to which the action has been transferred, or

                         (ii) a telecopier at which a document may be
served in accordance with Rule 16.1;

               (b.1)     "case management judge" means any judge assigned to
the pre-trial management of any action;

     (c)  by adding the following after clause (g):

               (g.1)     "double registered mail" means a form of registered
mail under which the sender is provided with a proof of mailing and, when
the mail is delivered to the addressee or another person on behalf of the
addressee, that addressee or other person must sign an acknowledgment of
receipt card or similar document that is to be returned to the sender by
the Canada Post Corporation;

     (d)  by adding the following after clause (n):

               (n.1)     "registered mail" means a form of mail that is
provided by the Canada Post Corporation under which the addressee, or
another person on behalf of the addressee, on taking delivery of the mail
must sign an acknowledgment of receipt card or other document that is

                         (i)  to be kept in the records of the Canada
Post Corporation, or

                         (ii) to be returned to the sender by the
Canada Post Corporation;

     (e)  by adding the following after clause (s):

               (t)  "telecopier" means a machine or device that
electronically transmits and receives a copy of a document, picture or
other printed material by means of a telecommunication system;

               (u)  "very long trial action" means an action which will
or is likely to require more than 25 trial days;

               (v)  "writ" means a document that authorizes steps to be
taken to enforce a judgment or order and includes a writ of enforcement, a
writ of possession, a writ of sequestration, a writ of delivery or any
other writ that may be issued by the Court.

     (g)  by adding the following after subsection (1):

          (2)  Any reference in these Rules to the Attorney General is a
reference to the Minister of Justice and Attorney General.


3   Rule 16.1 is repealed and the following is substituted:

Service by telecopier
     16.1(1)  Where a document is not required to be served personally,
the document may, in accordance with this Rule, be served by means of a
telecopier

               (a)  on the solicitor of the person being served or that
solicitor's agent, or

               (b)  in the case of service on a person other than under
clause (a), at a telecopier that is situated in a residence or a place of
business located in Alberta.

     (2)  In order for a document to be served by means of a telecopier,
the document must be sent by telecopier and,

               (a)  in the case of service on the solicitor of the
party being served or on that solicitor's agent, be received and printed by
a receiving telecopier that is situated at the office of the solicitor or
the solicitor's agent, and

               (b)  in the case of service on a person other than under
clause (a), be received and printed by a receiving telecopier that is
situated in a residence or a place of business located in Alberta.

     (3) A telecopier may only be used for the purposes of this Rule if
the telephone number for the telecopier at which the service is to take
place has a 7-digit number that appears with the word "fax" or with any
reference to a telecopier

               (a)  in, or attached to, or

               (b)  on a letter enclosing,

     any pleading or notice under these Rules, by, from or on behalf of
the party to be served or that party's solicitor or solicitor's agent.


4   Rule 74(2) is amended by striking out "Execution" and substituting "A
writ".


5   Rule 82 is amended

     (a)  in subrule (1) by striking out "execution" and substituting "a
writ";

     (b)  in subrule (2) by striking out "execution" and substituting "a
writ";

     (c)  in subrule (3) by striking out "Execution" and substituting "A
writ";

     (d)  in subrule (4) by striking out "execution" and substituting "a
writ";

     (e)  in subrule (5) by striking out "execution" and substituting "a
writ";

     (f)  in subrule (6) by striking out "Execution" and substituting "A
writ".


6   Rule 87 is amended by striking out "and" at the end of clause (c) and
by adding the following after clause (c):

     (c.1)     a statement setting out whether, in the opinion of the party
issuing the pleading, the action will likely take more than 25 days to try,
and


7   Rule 151 is amended by striking out "execution" and substituting "a
writ".


8   Rule 155 is amended by striking out "execution" and substituting "a
writ".


9   Rule 159(4) is repealed and the following is substituted:

     (4)  The court may order that an action proceed or not proceed on
terms binding one or more parties as to the following:

               (a)  the giving of security;

               (b)  time;

               (c)  the staying of proceedings pending the
determination of a counterclaim;

               (d)  the mode of trial or other method respecting the
determination of the matter.


10   Rule 160 is amended

     (a)  by striking out "execution" and substituting "a writ";

     (b)  by striking out "is without" and substituting "are without".


11   The following is added after Rule 186:

Very long trial actions
     186.1   In a very long trial action the case management judge may
establish a mechanism for the production or description of the documents in
the affidavit of documents where the number, nature or location of the
documents makes production or description in the normal course unduly
expensive or cumbersome.


12   The following is added after section 216:

Modification by the Court
     216.1(1)  The Court may modify or waive any right or power under this
Part, on terms or otherwise, or may impose terms on any party, where

               (a)  any party acts or threatens to act in a manner that
is vexatious, evasive, abusive, oppressive, improper or prolix, or

               (b)  the expense, delay, danger or difficulty in
complying fully would be grossly disproportionate to the likely benefit.

     (2)  Terms imposed under subrule (1) may, without limiting the
generality of subrule (1), be made in respect of the following:

               (a)  costs, whether on a solicitor-client or other
basis;

               (b)  security for costs;

               (c)  an advance payment against costs;

               (d)  increased or decreased interest entitlement;

               (e)  production of or access to documents, whether or
not they are referred to in any pleading, particular or affidavit;

               (f)  whether the production or access to documents
should be stayed or otherwise;

               (g)  modification of conduct money;

               (h)  different venue, inside or outside Alberta, for any
examination to be held or for any act to be done;

               (i)  schedules or time limits;

               (j)  written interrogatories;

               (k)  notices to admit facts or documents or to adopt
answers by other witnesses;

               (l)  inspection or production of documents held by
non-parties where permitted by law or with the consent of the non-parties;

               (m)  disclosure of the aims of proposed further
discovery;

               (n)  supervision of further discovery by a judge,
master, commissioner, clerk or referee;

               (o)  a confidentiality order.


13   Rule 218.1 is amended

     (a)  by repealing subrule (1) and substituting the following:

Expert for a party
     218.1(1)  A party intending to call an expert witness at a trial
shall, not less than 90 days prior to the day of the commencement of the
trial, serve on every other party to the action a copy of a substance of
opinion statement signed by the expert setting out the following:

               (a)  the expert's name and qualifications;

               (b)  the area of expertise that the party calling the
expert is seeking to have the expert qualified in;

               (c)  the substance of the expert's opinion.

     (b)  by adding the following after subrule (3):

          (4)  This Rule does not apply to a very long trial action.


14   The following is added after Part 15:

     PART 15.1

     VERY LONG TRIAL ACTIONS

Application
     218.2   This Part does not apply to any trial other than a very long
trial action.

Expert evidence
     218.3(1)  For the purposes of this Part, an expert is any person who
is asked and is entitled to give expert opinion evidence.

     (2)  This Part does not apply to evidence given by an expert  who is

               (a)  personally involved in the events giving rise to
the litigation, or

               (b)  an employee of a party.

Number of experts
     218.4(1)  Except with leave of the Court, not more than one expert
may give opinion evidence on any one subject on behalf of a party.

     (2)  For the purposes of this section, where

               (a)  2 or more corporate parties are owned in part or
whole by the same owners, or

               (b)  one or more corporate parties owns another or other
corporate parties,

     those related parties shall, unless otherwise directed by the Court, 
be treated as one for the purpose of entitlement to call expert witnesses.

     (3)  Where the related parties referred to in subrule (2) cannot
agree on the selection of one or more experts, one or more of the parties
may apply to the Court for an order for directions.

Costs re unnecessary experts
     218.5(1)  When 

               (a)  the leave of the Court is obtained for evidence to
be given by an expert who is in addition to the number of experts that is
permitted under subrule (1), and

               (b)  the trial judge is of the opinion that the
additional evidence was unnecessary,

     the trial judge shall require the party on whose behalf the evidence
was given to pay to the other party or parties the costs unnecessarily
incurred.

     (2)  Except where the trial judge is of the opinion that unusual
circumstances exist, the trial judge shall direct that costs required to be
paid under subrule (1) shall be calculated on a solicitor and client basis.

     (3)  If more than one party is found responsible for calling
unnecessary additional evidence, the trial judge shall determine the
proportion of the costs to be paid and received.

Experts Document
     218.6(1)  At a time as may be directed by the case management judge,
each party shall deliver to the other party or parties a document known as
an "Experts Document".

     (2)  The Experts Document shall

               (a)  be signed by the proposed expert, and

               (b)  contain the following information with respect to
each expert proposed to be called by the party submitting the document:

                         (i)  the name and qualifications of the
proposed expert;

                         (ii) the proposed expert's area of
expertise;

                         (iii)     any report prepared by the proposed
expert on which any party proposes to rely at trial;

                         (iv) where a report referred to in subclause
(iii) has not been prepared, a detailed statement of the evidence proposed
to be given.

     (3)  Within 60 days after having been served with an Experts
Document, a party shall deliver to the party who served the Experts
Document a document known as a "Reply to Experts Document".

     (4)  The Reply to Experts Document must contain the following:

               (a)  a statement as to whether or not the qualifications
of the proposed expert are accepted;

               (b)  if the qualifications of the proposed expert are
not accepted, the reasons for non-acceptance;

               (c)  a statement as to whether or not the party
disagrees with any of the evidence intended to be given by the proposed
expert;

               (d)  if the party disagrees with any of the evidence
intended to be given by the proposed expert, the reasons for that
disagreement.


Costs re refusal to accept an expert or expert evidence
     218.7(1)   If the trial judge is of the opinion that a party was
unreasonable in refusing to accept the qualifications of a proposed expert
or the evidence intended to be given by the proposed expert, the judge
shall require the party to pay to the other party or parties the costs
unnecessarily incurred.

     (2)  Where the trial judge awards costs under subrule (1), Rule
218.5(2) and (3) apply with respect to determining those costs.


Examination of experts
     218.8(1)  With leave of the case management judge, any expert
proposed in an Experts Document may be examined by any party opposite in
interest from the party proposing to call the expert witness, as if the
examination were an examination for discovery of an employee of a party
conducted pursuant to Rule 200.

     (2)  Any examination carried out pursuant to subrule (1) shall be
limited to the matters touching the contents of the Experts Document of the
person being examined.

     (3)  The case management judge may impose conditions in advance of
any examination carried out pursuant to subrule (1) with respect to the
following:

               (a)  limiting the examination as to length;

               (b)  directing the examination's location;

               (c)  directing payment of costs incurred;

               (d)  any other matter concerning the examination.


Agreement for purpose of trial
     218.9(1)  At any time, prior to the commencement of the trial, the
case management judge may order that any experts who are expected to
testify at the trial consult on a without prejudice basis to determine any
matters on which agreement can be reached.

     (2)  In making an order under subrule (1), the judge may set an
agenda and prescribe any other terms that the judge considers appropriate
with respect to the consultations.

     (3)  Where the parties and their counsel pursuant to subrule (1)
determine that there are matters that are agreed to, they must prepare a
joint statement indicating those matters to which there is agreement.

     (4)  If there are matters remaining in dispute, those matters may be
prepared and be entered in evidence at the trial.

     (5)  Subject to any agreement reached between the parties and their
counsel, all matters that form a part of the consultations of experts will
be entirely without prejudice to the position of all parties and no
evidence as to what took place during the consultations is receivable at
the trial.


Expert in rebuttal
     218.91(1)  Subject to subrule (2), nothing in these Rules shall
prohibit a party, with the leave of the Court, from calling an expert in
rebuttal.

     (2)  If the trial judge is of the opinion that rebuttal evidence 
given by an expert was unnecessary, the trial judge shall require the party
on whose behalf the evidence was given to pay to the other party or parties
the costs unnecessarily incurred.

     (3)  Where the trial judge awards costs under subrule (2), Rule
218.5(2) and (3) apply with respect to determining those costs.


15   Rule 219(1) is amended by adding "other than a very long trial
action," after "cause or matter,".


16   The following is added after Rule 219:

Very long trial action
     219.1(1)  In a very long trial action,

               (a)  any case timetable set,

               (b)  any direction given as to steps,

               (c)  any directions given in respect of procedures and
times in the action,

               (d)  any terms imposed, and

               (e)  any other directions given in the management of the
action,

     shall become an order of the Court, whether arising from the
application of the party or from the Court on its own motion.

     (2)  Where a case management judge has ordered that certain evidence,
including expert evidence, need not be called by one or more parties to a
very long trial action, that order becomes a part of the record so that it
may be considered in conjunction with any invitation to draw an adverse
inference as a result of the failure to call that evidence.


17   The following is added after Rule 255:

Disallowance of examination
     255.1   Following any pre-trial procedure where counsel has at the
request of a case management judge or pursuant to a practice note given an
estimate of the time necessary for an examination or cross-examination of a
witness, the trial judge may disallow any questions put in examination or
cross-examination of the witness where the counsel has, in the opinion of
the trial judge, unreasonably exceeded the estimated amount of time with
respect to that examination or cross-examination.


18  Rule 294 is repealed and the following is substituted:

Failure of witness to attend
     294(1)  Where the Court is satisfied that

               (a)  a notice to attend has been served on a witness,

               (b)  the witness has failed to attend or remain in
attendance in accordance with the notice,

               (c)  the witness has been paid the proper conduct money
or the proper conduct money has been tendered to the witness, and

               (d)  the presence of the witness is material to the ends
of justice,

     the Court may by its warrant direct any peace officer to cause the
witness to be apprehended from any place in Alberta.

     (2)  In issuing a warrant under subrule (1), the Court may direct any
one or more of the following:

               (a)  that the witness be brought forthwith before the
Court;

               (b)  that the witness be detained in custody as the
Court may order until the presence of the witness is no longer required by
the Court;

               (c)  that the witness be released on a recognizance,
with or without sureties, on the condition of the appearance of the witness
to give evidence.

     (3)  The service on a witness of the notice and the payment or
tendering to the witness of conduct money may be proved by an affidavit.


19   Rule 296 is amended by striking out "sheriff,".


20   Part 28 is repealed and the following is substituted:

     PART 28

     ENFORCEMENT OF JUDGMENTS AND ORDERS

     Division 1
     General

Definitions
     340   In this Part, 

               (a)  "judgment" includes an order of the Court; 

               (b)  "judgment creditor" means a person who is entitled
to enforce a judgment;

               (c)  "judgment debtor" means a person against whom a
judgment may be enforced;

               (d)  "related writ" means a related writ as defined in
the Civil Enforcement Act.

Stay of judgment
     341(1)  The Court may by order, at or after the time that a judgment
is granted, stay the enforcement of the judgment or remove or extend any
stay already granted in respect of the judgment.

     (2)  Where the Court by order grants or extends a stay in a
proceeding under the Civil Enforcement Act, 

               (a)  the order may be registered in the Personal
Property Registry, and

               (b)  until the order is registered in the Personal
Property Registry, the order does not affect any person who does not have
actual knowledge of the order.

Enforcement of order
     342   An order of the Court may be enforced against all persons bound
by the order in the same manner as a judgment to the same effect may be
enforced.

Payment into Court
     343   Any judgment for the payment of money into Court may be
enforced in any manner in which a judgment for the payment of money to a
person may be enforced.

Money recovered on behalf of minors, etc.
     344(1)  Where

               (a)  money, other than for costs, is recovered

                         (i)  by or on behalf of a minor or a person
of unsound mind by that person's guardian, next friend or committee, or

                         (ii) on behalf of a class, 

               and

               (b)  no other provision is made by law,

     that money must, unless otherwise ordered, be paid into Court subject
to further order.

     (2)  A payment made to

               (a)  the guardian, next friend or committee on account
of money due to a minor or person of unsound mind, or

               (b)  a person having the conduct of proceedings on
behalf of a class,

     otherwise than for the costs of the action, is not a valid discharge
as against the minor or person of unsound mind or the class.

Relief subject to conditions
     345   If under a judgment a party is entitled to relief subject to,
or on the fulfilment of, a condition or contingency, that party may, on the
fulfilment of the condition or contingency, apply to the Court for leave to
issue a writ.

Enforcement of orders re persons who are not parties
     346   Where a person is not a party to a cause or a matter but

               (a)  that person obtains an order or an order is
obtained in that person's favour in respect of that cause or matter, that
person may enforce the order in the same manner as if that person were a
party to the cause or matter, or

               (b)  that person is subject to an order or a judgment
granted in respect of that cause or matter, the order or judgment may be
enforced against that person in the same manner as if that person were a
party to the cause or matter.

Duration of writ
     347   Unless otherwise provided for by an enactment, and except for
the purposes of that enactment, a writ remains in force so long as the
judgment in respect of which the writ was issued remains in force.

Amount owing on writ
     348   The amount owing at any time on a writ is the total of

               (a)  the amount of the judgment in respect of which the
writ was issued,

               (b)  the taxable costs that are not included in the
amount of the judgment, and

               (c)  interest owing in respect of the judgment and
taxable costs,

     less the amounts, if any, paid to the judgment creditor on account of
the judgment.

Changes re name shown on writ
     349   Where the name shown on a judgment or a writ of a person who is
entitled to enforce the judgment or writ is incorrect or has changed, the
clerk may, without an order of the Court, issue a writ or amend a writ that
has already been issued so that the person is properly named in the writ.

Assignment of writ
     350(1)  A person who is entitled to enforce a writ may, without an
order of the Court, make a total or partial assignment of the writ to
another person.

     (2)  The clerk, on being satisfied that all of the judgment
creditor's rights under a writ have been assigned, may, without an order of
the Court, amend the writ to show the name of the assignee. 

     (3)  The clerk, on being satisfied that a portion of the judgment
creditor's rights under a writ have been assigned, may, without an order of
the Court, divide the writ and issue

               (a)  a replacement writ to the judgment creditor
indicating the amount that remains owing under the writ to the judgment
creditor, and

               (b)  a replacement writ to the assignee indicating the
amount that is owing under the writ to the assignee.

     (4)  Where a replacement writ is issued under subrule (3), that writ

               (a)  stands in the place of the writ that is being
replaced, and

               (b)  shall be dated with the same date as that shown on
the writ that is being replaced.

Court order re writ
     351   A party claiming to be entitled to enforce a judgment may apply
to the Court for an order directing one or more of the following:

               (a)  that a writ be issued showing the proper name of
the judgment debtor where the judgment debtor's name as shown on the
judgment is not the judgment debtor's proper name; 

               (b)  that a change be made to a writ;

               (c)  that a new writ be issued;

               (d)  that any issue or question necessary to determine
the rights of the parties be tried in any way in which a question in an
action may be tried.

Separate writs
     352   When a judgment is granted for the recovery of both land and
money, whether for costs or otherwise, and a writ is to be issued,

               (a)  a writ of possession may be used for the recovery
of the land, and

               (b)  a writ of enforcement may be used for the recovery
of the money.

Service of documents after judgment, etc.
     353(1)  In this Rule and Rules 354 and 355, "document" means, in
respect of a document or notice under the Civil Enforcement Act or in
respect of matters coming under that Act, a document or notice that is
issued or granted

               (a)  subsequent to the granting of a judgment, or

               (b)  in respect of a claim made under Part 3 of that
Act.

     (2)  Unless the Civil Enforcement Act or these Rules expressly
require otherwise, a document that is to be served under the Civil
Enforcement Act may be served or delivered as follows:

               (a)  on an individual, by leaving the document with the
individual or by sending the document by registered mail addressed 

                         (i)  to the individual at the individual's
residence, or

                         (ii) to the name and address of any business
of the individual;

               (b)  on all members of a partnership, 

                    (i)  by leaving the document with

                                   (A)  one or more of the general
partners, or

                                   (B)  a person having control or
management of the partnership business, 

                         or

                         (ii) by sending the document by registered
mail addressed to 

                                   (A)  the partnership,

                                   (B)  any one or more of the
general partners, or

                                   (C)  any person having control
or management of the partnership business, 

                              at the address of the partnership
business;

               (c)  on a corporation, other than a municipality,

                         (i)  by leaving the document with an officer
or director of the corporation or person in charge of any office or place
of business of the corporation,

                         (ii) by leaving the document at, or by
sending the document by registered mail addressed to, the registered or
head office of the corporation, or

                         (iii)     where the corporation has its
registered or head office outside of Alberta, by leaving the document with,
or by sending the document by registered mail addressed to, its attorney
for service appointed under Part 21 of the Business Corporations Act;

               (d)  on a municipal corporation, by leaving the document
with, or by sending the document by registered mail addressed to, the
principal office of the corporation or the chief administrative officer of
the corporation;

               (e)  on an association, 

                         (i)  by leaving the document with an officer
of the association, or

                         (ii) by sending the document by registered
mail addressed to an officer of the association at the address of the
officer.

     (3)  A document that is sent by registered mail is deemed to be
served or delivered

               (a)  when the addressee actually receives the document,
or

               (b)  on the expiry of 7 days from the day that the mail
is sent by the sender,

     whichever is earlier.

     (4)  If the Court is satisfied that

               (a)  the addressee did not receive a document sent by
registered mail within 7 days from the day that the document was sent by
the sender,

               (b)  the failure of the addressee to receive the
document is not attributable to the addressee's own efforts to avoid
receiving the document, and

               (c)  the addressee would be prejudiced by the strict
application of subrule (3)(b),

     the Court may make any order that the Court considers appropriate in
respect of any matter relating to the document.

     (5)  Notwithstanding anything in subrule (2), a holder of a related
writ may be served by means of a telecopier if

               (a)  a telecopier telephone number of the writ holder is
shown on the writ, and

               (b)  the document to be served is sent to the telecopier
at that telephone number and receipt of the document is acknowledged.

     (6)  Notwithstanding anything in subrule (2), a distributing
authority may serve by means of a telecopier a proposed distribution on any
person who has an interest registered in the Personal Property Registry if

               (a)  a telecopier telephone number for that person is
shown in the Personal Property Registry on the registration for that
interest, and

               (b)  the document to be served is sent to the telecopier
at that telephone number and receipt of the document is acknowledged.

     (7)  Unless a provision of the Civil Enforcement Act requiring
service or delivery of a document expressly refers to the original or a
certified copy of the document, it is sufficient to serve or deliver a copy
of the document.

     (8)  Nothing in this Rule shall be construed so as to prohibit a
document from being served in any other manner permitted under these Rules.

Service on civil enforcement agency
     354(1)  If, under the Civil Enforcement Act or any other enactment, a
document is required to be given to or served on a civil enforcement
agency, the document may be given or served

               (a)  by personal service on

                         (i)  an officer of the civil enforcement
agency, or

                         (ii) a bailiff who acts on behalf of the
civil enforcement agency,

               (b)  by registered mail sent to the address for service
of the civil enforcement agency, or

               (c)  by telecopier if the document is sent to a
telecopier and receipt of the document is acknowledged.

     (2)  Nothing in this Rule shall be construed so as to prohibit a
document from being served in any other manner permitted under these Rules.

Alternate method of service
     355(1)   Notwithstanding Rules 353 and 354, where a person consents
in writing to being served with documents in respect of matters under the
Civil Enforcement Act by a means other than those referred to in Rules 353
and 354, that person, subject to subrule (2), may be served with those
documents by that means.

     (2)  If, in respect of proceedings under a judgment against an
enforcement debtor, documents referred to in subrule (1) are to be served
on the enforcement debtor, subrule (1) does apply to a consent referred to
in subrule (1) that was given by the enforcement debtor prior to the date
of that judgment.


     Division 2
     Writs of Enforcement

Definition
     356   Any term used in this Division that is defined in the Civil
Enforcement Act has the meaning given to it by that Act.

Issuing of writs
     357(1)  A judgment creditor may require the clerk in whose office the
judgment has been entered to issue a writ of enforcement in respect of the
judgment at any time that the judgment is in force.

     (2)  Notwithstanding subrule (1), if the judgment is for payment
within a specified period, the clerk shall not issue the writ of
enforcement until after the expiration of that period.

     (3)  A writ of enforcement shall be in Form F of Schedule A and may
include an Addendum in Form F.1 of Schedule A.


Endorsement on writ of enforcement
     358   If a writ of enforcement is issued for the purposes of
enforcing the payment of money that is directed to be paid into Court, the
judgment creditor or other person preparing the writ must, prior to the
clerk's issuing the writ, state on the writ that all money paid under the
writ, other than costs, must be paid into Court.

Relief under the Fraudulent Preferences Act, etc.
     359(1)  Where a judgment creditor claims to be entitled to a right of
relief either under the Fraudulent Preferences Act or under the Fraudulent
Conveyances Statute, 13 Eliz. I, Chapter 5 (U.K.), the Court, on motion in
the judgment creditor's action served

               (a)  on the judgment debtor, and

               (b)  on the persons to whom it is alleged the property
was conveyed,

     may order the property or part of the property to be sold to realize
the amount to be levied under a writ of enforcement.

     (2)  Where a transfer or conveyance is made with the intention of
defeating, defrauding or hindering the rights of a judgment creditor, the
judgment creditor, for the purposes of obtaining an order under subrule
(1), need not have obtained judgment at the time of the impugned transfer
or conveyance.

Identification of debtor
     360(1)  In this Rule,

               (a)  "replying creditor" means an enforcement creditor;

               (b)  "requesting creditor" means a creditor whose debtor
is or may be a person against whom the replying creditor has a writ, and
includes a representative of the creditor;

               (c)  "written demand" means a written demand made under
subrule (2).

     (2)  A requesting creditor may by a written demand served on a
replying creditor inquire as to one or both of the following:

               (a)  whether the replying creditor has a writ against
the requesting creditor's debtor;

               (b)  the amount owing under the replying creditor's
writ.

     (3)  In a written demand, the requesting creditor must set out

               (a)  an address to which the reply to the written demand
may be made,

               (b)  the nature of the inquiry being made under subrule
(2), and

               (c)  if an inquiry is being made pursuant to subrule
(2)(a),

                         (i)  the name of the requesting creditor's
debtor, and

                         (ii) the occupation, address and date of
birth of the requesting creditor's debtor where that information is known
to the requesting creditor.

     (4)  A written demand may be served on a replying creditor

               (a)  at the most recent address shown for the replying
creditor on the registration of the replying creditor's writ registered in
the Personal Property Registry, or

               (b)  in any other manner by which a document may be
served under these Rules.

     (5)  Subject to subrule (7), a replying creditor must within 15 days
from the day of being served with a written demand provide to the
requesting creditor a written reply,

               (a)  in the case of an inquiry being made pursuant to
subrule (2)(a),

                         (i)  stating whether or not the requesting
creditor's debtor  is the same person as the replying creditor's debtor, or

                         (ii) if the replying creditor does not know
whether or not the requesting creditor's debtor is the same person as the 
replying creditor's debtor, stating that fact,

               and

               (b)  in the case of an inquiry being made pursuant to
subrule (2)(b), stating the amount that is owing under the replying
creditor's writ.

     (6)  A distributing authority may exercise all the powers under this
Rule of a requesting creditor in the same manner as if it were a requesting
creditor.

     (7)  If a replying creditor fails, without reasonable excuse, to
comply with a written demand, the requesting creditor, in addition to any
other remedy provided by the Civil Enforcement Act, may apply to the Court
for an order requiring the replying creditor to comply with the written
demand.

     (8)  On an application made under subrule (7), the Court may make an
order requiring the replying creditor to comply with the written demand,
and may give any other order as the Court considers appropriate in the
circumstances.


     Division 3
     Writs of Possession

Enforcement re recovery of land
     361(1)  A judgment or order for the recovery or for the delivery of
the possession of land may be enforced by a writ of possession.

     (2)  Where a judgment or order directs a person to deliver up
possession of any land to some other person either

               (a)  on a specified date, or

               (b)  within a specified time after being served with the
judgment or order,

     the person in whose favour the judgment or order was made may,
without any further order, require the clerk to issue a writ of possession
by filing with the clerk an affidavit showing that 

               (c)  service of the judgment or order has been effected,
and 

               (d)  the judgment or order has not been complied with.

     (3)  Except as provided for in subrule (2), a writ of possession
shall not be issued except on order of the Court.

Effect of writ
     362   A writ of possession has the effect of a writ of assistance.

Removal of goods
     363(1)  For the purpose of enforcing a writ of possession in respect
of any premises, it is not necessary to remove any goods from the premises.

     (2)  Where a civil enforcement agency in its discretion removes and
stores any goods in connection with the enforcement of a writ of
possession, the owner of those goods may, on the written authorization of
the civil enforcement agency, obtain the goods from storage on

               (a)  paying to the civil enforcement agency the costs,
including transportation and storage costs, that were paid by the civil
enforcement agency or the person on whose behalf the writ was enforced, and

               (b)  paying to the person storing the goods any further
outstanding storage charges.

     (3)  If the owner of any goods referred to in subrule (2) does not
redeem the goods within 30 days from the day that the goods were placed in
storage, the person on whose behalf the writ was enforced may apply by a
notice of motion to the Court for an order authorizing the goods to be sold
and prescribing the manner of sale.

     (4)  Where goods are sold pursuant to an order made under subrule
(3), the proceeds of the sale must be applied as follows:

               (a)  first, to pay the costs of the sale;

               (b)  2nd, to pay storage, transportation and other costs
incurred in removing and storing the goods and making the application for
the order for sale;

               (c)  3rd, unless otherwise ordered by the Court, to pay
the balance to the owner of the goods.

     (5)  If

               (a)  goods were not removed from the premises at the
time that a writ of possession was enforced, and

               (b)  the owner does not remove the goods within 30 days
from the day that the writ of possession was enforced,

     the person on whose behalf the writ was enforced may apply by a
notice of motion to the Court for directions as to the disposition of the
goods remaining on the premises.


     Division 4
     Writs of Delivery and Sequestration

Writ of delivery
     364(1)  Where a judgment directs the recovery of specific property
other than land or money, a writ of delivery may be issued by the clerk
directing a civil enforcement agency to cause the property to be delivered
in accordance with the judgment.

     (2)  If the specific property that is the subject of a judgment is
not delivered in accordance with the writ of delivery, the Court may, to
enforce compliance with the judgment, order

               (a)  that the civil enforcement agency take possession
of personal property of the judgment debtor that is valued to an amount not
in excess of double the value of the property that is subject to the
judgment, and

               (b)  that the property taken by the civil enforcement
agency be kept until further order of the Court.

Writ of sequestration
     365(1)  In addition to or in lieu of holding a party to a judgment
referred to in Rule 364 in civil contempt, the judgment may, by leave of
the Court, also be enforced by a writ of sequestration.

     (2)  A writ of sequestration must be directed to a civil enforcement
agency.

Disobedience by corporation
     366   Where a judgment against a corporation is wilfully disobeyed,
it may be enforced by any one or more of the following:

               (a)  with the leave of the Court, by a writ of
sequestration against the property of the corporation;

               (b)  by an order of the Court holding all or any one or
more of the directors or officers of the corporation in civil contempt;

               (c)  with the leave of the Court, by a writ of
sequestration against the property of all or any one or more of the
directors or officers of the corporation.

Carrying out directions of Court
     367(1)  If

               (a)  a mandamus granted in an action or a mandatory
order, injunction or judgment for the specific performance of a contract is
not complied with, or

               (b)  a judgment requires a person to do any act other
than the payment of money and that person fails to do that act,

     the Court, in addition to or in lieu of holding the disobedient party
in civil contempt, may direct that the act required to be done may, so far
as is practicable and at the cost of the disobedient party, be done by

               (c)  the party by whom the judgment was obtained, or

               (d)  some other person appointed by the Court.

     (2)  Where an act is carried out under subrule (1), the expenses
incurred may be ascertained in such manner as the Court directs and a writ
of enforcement may be issued for the amount so ascertained and the costs.


     Division 5
     Information Regarding Enforcement Debtors

Definition
     368   Any term used in this Division that is defined in the Civil
Enforcement Act has the meaning given to it by that Act.

Provision of information by debtor
     369   For the purposes of determining the ability of an enforcement
debtor to satisfy the claims of enforcement creditors, an enforcement
creditor may require the enforcement debtor to provide information in
accordance with this Division.

Financial report of debtor
     370(1)  An enforcement creditor may, on written notice to an
enforcement debtor, require the enforcement debtor to provide to the
enforcement creditor a financial report of the enforcement debtor in Form I
or I.1 of Schedule A, as the case may be, verified by statutory
declaration.

     (2)  Within 15 days from the day of being served with a notice under
subrule (1), the enforcement debtor must provide to the enforcement
creditor the enforcement debtor's financial report.

     (3)  Once an enforcement debtor has provided a financial report to an
enforcement creditor under subrule (1), no enforcement creditor may,
without an order of the Court, require the enforcement debtor to provide
another financial report under subrule (1) until one year has expired from
the day that the enforcement debtor provided the previous financial report.

     (4)  Where an enforcement creditor has been provided with a financial
report under subrule (1), the enforcement creditor must, within 15 days
from the day of being provided with the financial report, register in the
Personal Property Registry a status report for the writ indicating that the
enforcement debtor has provided the enforcement creditor with the financial
report.

     (5)  An enforcement creditor who has been provided with a financial
report of an enforcement debtor under subrule (1) must, on the written
request made by any other enforcement creditor of that enforcement debtor
and the tendering of a fee of $25, provide to that other enforcement
creditor a copy of that financial report.

Examination of debtor
     371(1)  On service of a written notice on an enforcement debtor by an
enforcement creditor, the enforcement creditor may require the enforcement
debtor to attend an examination and be examined under oath by the
enforcement creditor with respect to matters referred to in Rule 372.

     (2)  A notice served on an enforcement debtor under subrule (1) must
be served on the enforcement debtor at least 7 days before the day that the
enforcement debtor is required to attend the examination for which the
notice is served.

     (3)  Once an enforcement creditor has examined an enforcement debtor
under subrule (1), that enforcement creditor may not, without an order of
the Court, again examine that enforcement debtor under subrule (1) until
one year has expired from the day of that previous examination.

Matters that are subject to examination
     372(1)  An enforcement debtor may be examined on matters touching the
following:

               (a)  the property and financial means that the
enforcement debtor had when the liability to which the judgment relates was
incurred or, if the judgment is for costs only, when the proceedings were
commenced;

               (b)  the property and financial means that the debtor
presently has;

               (c)  any disposal of property made by the debtor since
incurring the liability or, if the judgment is for costs only, since the
proceedings were commenced;

               (d)  any matter relating to exemptions;

               (e)  where the debtor is a corporation, the name and
address of, and other pertinent information relating to, any director or
officer or any former director or officer of the corporation.

     (2)  In addition to examining an enforcement debtor in respect of
matters referred to in subrule (1), where an enforcement debtor has
provided a financial report, the enforcement creditor may, in conducting an
examination under Rule 371, examine the enforcement debtor on any matter
touching the financial report.

Examination of directors, officers and employees of a corporation
     373(1)  Where the enforcement debtor is a corporation, an enforcement
creditor may, for the purposes of examining the enforcement debtor, examine
under oath any director or officer of the corporation.

     (2)  On an order of the Court an enforcement creditor may examine

               (a)  an employee of a corporation, or

               (b)  a former director, officer or employee of the
corporation,

     with respect to any matter about which the enforcement creditor may
examine a director or officer of the corporation.

Examination of transferee
     374(1)  Where an enforcement debtor has transferred exigible property
to another person

               (a)  after the date when the liability or debt that was
the subject of the action was incurred, or

               (b)  if the judgment is for costs only, after the date
of the commencement of the action,

     the Court may by order direct that other person to attend before a
person named in the order and be examined under oath.

     (2)  If the transferee referred to in subrule (1) is a corporation,
the enforcement creditor may, on the order of the Court, examine any
present or former director, officer or employee of the corporation.

     (3)  A person examined under this Rule may be examined on matters
touching the following:

               (a)  the property transferred;

               (b)  the disposal of any property by the enforcement
debtor after the dates referred to in subrule (1);

               (c)  any debts owing by the transferee to the
enforcement debtor;

               (d)  any other matter specified in the order.

Person in possession of exigible property
     375(1)  Where the Court is satisfied that there are reasonable
grounds for believing that another person is in possession of or has
control over exigible property of an enforcement debtor, the Court may by
order direct that other person to attend before a person named in the order
and be examined under oath.

     (2)  If the other person in possession of the exigible personal
property of the enforcement debtor is a corporation, the enforcement
creditor may, on the order of the Court, examine any present or former
director, officer or employee of the corporation.

     (3)  A person examined under this Rule may be examined on matters
touching the following:

               (a)  the exigible property that is in the possession or
under the control of the other person referred to in subrule (1),

               (b)  the means by which the exigible property  came into
the possession or under the control of the other person referred to in
subrule (1), and

               (c)  any other matter specified in the order.

Examination of non-party
     376   Where a difficulty arises in the enforcement of a judgment, the
Court may by order direct any person to attend before a person named in the
order and be examined under oath regarding any matter specified in the
order.

Enforcement of duties by the Court
     377   If a person, who is required under this Division to provide a
financial report, submit to an examination or provide a copy of a financial
report, fails to do so or fails to answer a question that may properly be
asked of that person, the Court may on application do one or more of the
following:

               (a)  direct that the person comply with the requirements
under this Division or answer the question, as the case may be;

               (b)  hold the person in civil contempt;

               (c)  make any other order that the Court considers
appropriate in the circumstances.

Costs
     378   The costs of any examination or application made under this
Division are in the discretion of the Court.

Rules for discovery apply
     379   Unless a matter is otherwise provided for under this Division,
the Rules relating to an examination for discovery apply, with any
necessary modifications, to examinations under this Division.


     Division 6
     Sale and Disposal and Special Seizure
     Mechanisms under the Civil Enforcement Act

Definition
     380   Any term used in this Division that is defined in the Civil
Enforcement Act has the meaning given to it by that Act.

Application for sale and disposal of personal property
     381(1)  Where an application is made under the Civil Enforcement Act
for authority to sell or dispose of any personal property of an enforcement
debtor, the application must be initiated by a notice of motion. 

     (2)  Unless otherwise directed or approved by the Court, an
application referred to in subrule (1) must be made on 7 days' notice to
the enforcement debtor.

Duties of transfer agent
     382(1)  For the purposes of Division 2 of Part 6 of the Civil
Enforcement Act, service of a notice of seizure or other document on an
issuer's transfer agent constitutes service on the issuer.

     (2)  On being served with a notice of seizure or other document, the
transfer agent must

               (a)  immediately send a copy of the document to the
issuer, unless all duties of the issuer arising from service of the
document will be carried out on behalf of the issuer by the transfer agent,
and

               (b)  pay to the civil enforcement agency any dividend or
other payment in respect of the security that would otherwise be payable by
the transfer agent to the enforcement debtor on behalf of the issuer.

Notice of seizure re special seizure mechanisms
     383   A notice of seizure that is to be served on an issuer or
intermediary under section 57(1) or 58(1) of the Civil Enforcement Act must
provide enough information to allow the issuer or intermediary to identify
with reasonable certainty the securities to which the notice of seizure
relates.

Grace period for notice of seizure
     383.1(1)  An issuer or intermediary does not incur any liability
under section 60 of the Civil Enforcement Act in respect of a transaction
effected during the grace period determined in accordance with subrule (2)
if the issuer or intermediary establishes to the satisfaction of the Court
that

               (a)  the issuer or intermediary attempted in good faith
to discharge the duties imposed on it by section 58 or 59 of the Civil
Enforcement Act, and

               (b)  either

                         (i)  the transaction was not authorized,
permitted or effected by an officer, employee or agent of the issuer or
intermediary who had actual knowledge of the seizure before the transaction
was effected, or

                         (ii) it was not reasonably possible in the
circumstances to prevent the transaction from being effected.

     (2)  For the purposes of subrule (1), the grace period begins when
the notice of seizure is served on the issuer or intermediary and ends

               (a)  at midnight on the day that the notice of seizure
is served, if the notice of seizure is served on the office, branch or
agent of the issuer or intermediary at which the enforcement debtor's
interest in the relevant security is recorded, or

               (b)  at midnight on the 7th day following the day that
the notice of seizure is served, if service of the notice of seizure is
effected otherwise than as stated under clause (a).


21   Rule 385.1 is amended by repealing subrules (1) and (2) and
substituting the following:

Application by conference telephone
     385.1(1)  In this Rule, "Queen's Bench location" means Peace River,
Grande Prairie, St. Paul, Edmonton, Hinton, Wetaskiwin, Red Deer,
Drumheller, Calgary, Lethbridge, Medicine Hat, Fort McMurray and High
Level.

     (2)  Where

               (a)  any party in an action resides more than 100
kilometres from a Queen's Bench location in the judicial district in which
the action was commenced or to which action was transferred, and

               (b)  an application in that action is to be brought in
that Queen's Bench location,

     the application may be brought by a party and heard by a judge or a
master in chambers by means of a conference telephone if all the parties to
the action consent to the application's being heard by means of a
conference telephone.

     (2.1)  If the consent of all the parties to an action cannot be
obtained for the purposes of hearing the application by means of a
conference telephone, the Court may by order permit the application to be
made by means of a conference telephone.

     (2.2)  An application for an order under subrule (2.1) may be made by
means of a conference telephone.


22   Rule 430 is amended

     (a)  by repealing clause (a) and substituting the following:

               (a)  direct the plaintiff to post with the clerk a bond
or other security in the form and in an amount that the court considers
appropriate, or

     (b)  in clause (b) by striking out "him" and substituting "a civil
enforcement agency";

     (c)  in clause (c) by striking out "the sheriff" and substituting "a
civil enforcement agency".


23   Rule 432 is amended

     (a)  by repealing subrule (1) and substituting the following:

Bond
     432(1)  Except where

               (a)  an order provides for payment of money into court,
or

               (b)  the court directs the taking of property without a
bond or other security,

     a civil enforcement agency shall not act on the order until the
plaintiff provides to the clerk a bond or other security that is
satisfactory to the court and that

               (c)  is in favour of the defendant, and

               (d)  unless the court otherwise provides, is in an
amount that is double the value of the property as stated in the order of
replevin.

     (1.1)  The bond or other security provided under subrule (1)

               (a)  must be held by the clerk, and

               (b)  may be released by the clerk to the defendant only
with the leave of the court.

     (1.2)  A replevin bond shall be in Form J of Schedule A.


     (b)  in subrule (3)

               (i)  by striking out "being given, the sheriff" and
substituting "or other security being given, a civil enforcement agency";

               (ii) by striking out "him" and substituting "the civil
enforcement agency".


24   Rule 434 is amended

     (a)  by striking out "the sheriff shall" and substituting "a civil
enforcement agency shall";

     (b)  by striking out "14" and substituting "15";

     (c)  by striking out "on the sheriff" and substituting "on the civil
enforcement agency".


25   Rule 435 is amended

     (a)  by striking out "sheriff" and substituting "civil enforcement
agency";

     (b)  in clause (c) by striking out "he" wherever it occurs and
substituting "the civil enforcement agency".


26   Rules 442 to 453 are repealed and the following is substituted:

Definitions
     442   In Rules 443 to 460, 

               (a)  "claimant" means

                         (i)  a person referred to in Rule 443(1) who
is making or is expected to make an adverse claim against property, or

                         (ii) a person referred to in Rule 443(2) who
makes a claim; 

               (b)  "instructing creditor" means the instructing
creditor  as defined in section 1(1)(w) of the Civil Enforcement Act;

               (c)  "property" means property as defined in section
1(1)(kk) of the Civil Enforcement Act;

               (d)  "related writ" means a related writ as defined in
section 1(1)(ll) of the Civil Enforcement Act.

Application for interpleader
     443(1)  Where a person is under liability for any property  in
respect of which that person is or expects to be sued by 2 or more persons
making adverse claims to that property, that person may apply by a notice
of motion to the Court for relief by way of interpleader.

     (2)  Where a civil enforcement agency or other person charged with
carrying out writ proceedings or acting under the authority of the Court
receives from one or more persons a claim, other than an objection under
the Civil Enforcement Act, with respect to property under seizure pursuant
to the Civil Enforcement Act, the civil enforcement agency or that other 
interested person may apply by a notice of motion to the Court for relief
by way of interpleader.

     (3)  Where a civil enforcement agency receives a claim for which the
civil enforcement agency may apply under subrule (2) for relief by way of
interpleader, the civil enforcement agency may instead of initially
proceeding under subrule (2) do the following:

               (a)  the civil enforcement agency may by written notice
served on the instructing creditor direct the instructing creditor to apply
in respect of the claim for relief by way of interpleader;

               (b)  if an instructing creditor on whom a written notice
is served under clause (a) fails to apply for relief by way of
interpleader, the civil enforcement agency may by written notice served on
the holders of related writs direct the holders of the related writs to
apply in respect of the claim for relief by way of interpleader;

               (c)  if the instructing creditor or the holders of the
related writs on whom a notice is served under this subrule fail to apply
for or obtain relief by way of interpleader, the civil enforcement agency
may either

                         (i)  apply under subrule (2) for relief by
way of interpleader, or

                         (ii) release the property from seizure.

     (4)  Where directed under subrule (3) to apply for relief  by way of
interpleader, an instructing creditor or a holder of a related writ, as the
case may be, may apply by a notice of motion to the Court for relief by way
of interpleader.

     (5)  A notice of motion for relief by interpleader must be served on
all the claimants and direct that those claimants

               (a)  appear before the Court, and

               (b)  state the nature and particulars of their claims.

     (6)  A notice of motion served under subrule (5) must

               (a)  set out an address for service of the applicant,
and

               (b)  set out or have endorsed on the back of the notice
of motion the following notification:

                    You are a Respondent to this Application.  If
neither you nor your lawyer appear before the Court at the time and place
mentioned in this notice and produce an affidavit or other evidence
verifying your claim, an order may be made by the Court declaring your
claim to be barred as against the applicant and all persons claiming under
the applicant.

     (7)  An application for relief by way of interpleader may be made
notwithstanding that the person who has authorized the proceedings has
provided security to or indemnified the applicant.

Title in dispute
     444   An applicant for relief under Rule 443 is not disentitled to
relief by reason only that the titles of the claimants do not have a common
origin but are adverse to and independent of one another.

Application by a defendant
     445   Where the applicant for relief under Rule 443 is a defendant in
an action, the application under Rule 443 may be made at any time after
service of the statement of claim, and the Court may stay all further
proceedings in the action.

Order pursuant to interpleader proceedings
     446(1)  On application for relief by interpleader the Court may,
subject to subrule (2), by order do one or more of the following:

               (a)  summarily determine any issue on the basis of oral
or affidavit evidence;

               (b)  direct the trial of an issue,

                         (i)  specifying which party will be the
plaintiff and which party will be the defendant, and

                         (ii) imposing time limits, if any,
respecting the filing of pleadings;

               (c)  declare any party to be the owner of the property;

               (d)  direct or otherwise provide for the satisfaction or
payment of any lien or charges of the applicant;

               (e)  award or otherwise provide for costs;

               (f)  notwithstanding clauses (a) to (e), give any
directions or make any order that the Court considers appropriate in the
circumstances.

     (2)  Before making an order under subrule (1), the Court must be
satisfied that the applicant

               (a)  is not claiming any interest in the subject-matter
of the dispute, other than in respect of a lien or for charges or costs,
and

               (b)  has not colluded with any of the claimants in
respect of any matters for which the application is being made.

Default by claimant
     447(1)  Where a claimant

               (a)  does not appear on the motion after having been
served with a notice of motion calling on the claimant to appear, or

               (b)  having appeared, neglects or refuses to comply with
any order made thereafter,

     an order may be made by the Court declaring the claimant and all
persons claiming under the claimant to be barred as against the applicant
and all persons claiming under the applicant.

     (2)  An order made under subrule (1) does not affect the rights of
the claimants as between themselves.


27   The heading "Additional Rules for the Sheriff or Other Officer" after
Rule 453 is repealed and the following is substituted:

     Additional Interpleader Rules for
     Civil Enforcement Agencies
     and Others 


28   Rules 455 to 462 are repealed and the following is substituted:

Several claims combined
     455   Where a civil enforcement agency or other person charged with
carrying out writ proceedings or acting under the authority of the Court
intends to commence interpleader proceedings in respect of personal
property against which there is more than one claim, the civil enforcement
agency or that other person must, unless the Court otherwise directs,

               (a)  make only one application in respect of all the
claims, and

               (b)  make all the judgment creditors parties to the
proceeding.

Execution from different courts
     456   Where there are writs arising out of judgments or orders from
more than one court against the same property, whether on behalf of the
same or different plaintiffs,

               (a)  any application for interpleader must be made to
the Court, and

               (b)  the Court, on the application's being made, must
dispose of the whole matter as if all of the writs against the property had
been issued from the Court. 

Claims by third party
     457   Where a third party, other than a judgment debtor or a judgment
creditor of a judgment debtor, makes a claim to personal property that is
seized by a civil enforcement agency pursuant to civil enforcement
proceedings, the third party must serve on the civil enforcement agency a
written notice setting out

               (a)  the claim being made by the third party, and

               (b)  an address for service for the third party.

Notice by civil enforcement agency
     458(1)  On service of a notice of a claim under Rule 457, a civil
enforcement agency must forthwith serve written notice of the claim on the
person who instructed that proceedings be taken and on all other holders of
related writs, as defined in the Civil Enforcement Act.

     (2)  Where a person who was served with a notice of a claim under
subrule (1) wishes to dispute the claim, that person must within 15 days
from the day of being served with the notice of the claim serve on the
civil enforcement agency a written notice disputing the claim.

     (3)  A person on whom a notice of a claim is served under subrule (1)
may admit or not dispute the claim by serving on the civil enforcement
agency a written notice stating that the person admits or does not dispute
the claim.

     (4)  Notwithstanding subrule (3), a person on whom a notice of a
claim is served under subrule (1) is considered to have admitted the claim
if that person does not, within 15 days from the day of being served with
the notice of the claim, serve on the civil enforcement agency a written
notice disputing the claim.

     (5)  Where a civil enforcement agency has served a notice of a claim
under subrule (1) and is satisfied that none of the persons on whom the
notice was served is disputing the claim, the civil enforcement agency may
release from seizure the property in respect of which the claim was made.

     (6)  If the person who instructed that the proceedings be taken does
not dispute the claim but another person on whom a notice of a claim was
served under subrule (1) disputes the claim, that other person may instruct
the civil enforcement agency to continue seizure of the property.

     (7)  On receiving instructions from another person under subrule (6)
to continue a seizure, the civil enforcement agency shall continue the
seizure if that other person pays the appropriate fees, if any, and meets
any other conditions that may be imposed by a civil enforcement agency on a
person who is an instructing creditor.

Security interest
     459   Where a person claims to have a security interest in personal
property that has been seized pursuant to civil enforcement proceedings,
the Court may by order do one or more of the following:

               (a)  direct that the property be sold and the proceeds
of the sale be applied to the discharge of the amount due to the claimant
if the sale and application of the proceeds of the sale are not disputed;

               (b)  direct that sufficient money to answer the claim be
paid into Court pending trial of the claim;

               (c)  give any other directions that the Court considers
appropriate in the circumstances.

Expeditious sale
     460   At any stage of interpleader proceedings, the Court on
application may direct

               (a)  that a civil enforcement agency effect an
expeditious sale or disposal of the personal property where the Court is of
the opinion that it is appropriate to sell or dispose of the property in an
expeditious manner, and

               (b)  that the proceeds of the sale or disposal of the
property, less any reasonable costs of the sale or disposal, take the place
of the property that was sold or disposed of.


29   Rule 463(1) is amended by striking out "other than the sheriff or
deputy sheriff,".


30   Rules 465 and 466 are repealed.


31   Rules 470 to 484 are repealed and the following is substituted:

Interpretation
     470(1)  In this Rule and Rules 471 to 481,

               (a)  "amount of all relevant claims" means the total of

                         (i)  the amount outstanding on all related
writs that are in force against the debtor, and

                         (ii) where a garnishee summons is authorized
by an attachment order, the amount authorized to be attached in respect of
the prejudgment claimant's claim;

               (b)  "creditor" means an enforcement creditor or a
prejudgment claimant;

               (c)  "debtor" means an enforcement debtor or a defendant
in respect of whom an attachment order has been granted;

               (d)  "expiry date", with respect to a garnishee summons,
means the expiry date indicated in the garnishee summons or in the latest
renewal statement served on the garnishee in accordance with Rule 479;

               (e)  "prejudgment claimant" means a claimant who has
obtained an attachment order authorizing the clerk to issue a garnishee
summons before judgment.

     (2)  Any term used in this Rule and Rules 471 to 481 that is defined
in the Civil Enforcement Act has the meaning given to it by that Act.

Amounts outstanding
     471   The amount outstanding at any relevant time

               (a)  on a garnishee summons in respect of which no
renewal statement or adjustment notice has been served on the garnishee is

                         (i)  the amount for which the garnishee
summons was issued,

                    less

                         (ii) any amount paid by the garnishee to the
clerk on account of the garnishee summons;

               (b)  on a garnishee summons in respect of which one or
more renewal statements or adjustment notices have been served on the
garnishee is

                         (i)  the amount of all relevant claims as
set out in the latest renewal statement or adjustment notice served on the
garnishee,

                    less

                         (ii) any amount paid by the garnishee to the
clerk after service of the latest renewal statement or adjustment notice.

Issuing of garnishee summons
     472(1)  A creditor may require the clerk to issue a garnishee summons
by

               (a)  filing with the clerk

                         (i)  an affidavit in support of the
garnishee summons, and

                         (ii) in the case of a prejudgment claimant,
a copy of the attachment order authorizing the clerk to issue a garnishee
summons,

               and

               (b)  providing the clerk with any other information that
the clerk requires in order to issue the garnishee summons.

     (2)  Where the Workers' Compensation Board requests the clerk to
issue a garnishee summons, the Workers' Compensation Board must, in
addition to filing an affidavit under subrule (1), also file with the clerk
a certificate in the form set out in Form K of Schedule A prior to the
issuing of the garnishee summons.

     (3)  When the creditor has complied with this Rule, the clerk shall
issue a garnishee summons in Form L of Schedule A for the amount of all
relevant claims.

     (4)  A garnishee summons is deemed to be issued against any current
obligation or future obligation of the type indicated in the garnishee
summons as being owed by the garnishee to the debtor.

     (5)  A garnishee summons shall not be set aside for an irregularity
unless in the opinion of the Court the irregularity has prejudiced the
debtor or garnishee. 

Service of garnishee summons
     473(1)  In order for a garnishee summons to attach an obligation, the
garnishee summons must

               (a)  be served in triplicate on the garnishee in
accordance with Rule 353, and

               (b)  be accompanied by a garnishee's compensation fee in
the amount of $25.

     (2)  When served on a garnishee, a garnishee summons attaches the
current obligations and future obligations owing by the garnishee to the
debtor.

     (3)  For the purposes of subrule (2), an obligation is owed to the
debtor even though it has been assigned, charged or encumbered by the
debtor, if the assignment, charge or encumbrance is fraudulent as against
the creditor.

     (4)  An obligation that is owed to an enforcement debtor by a
partnership carrying on business within Alberta may be attached if the
garnishee summons is served on the partnership within Alberta,
notwithstanding that one or more members of the partnership are resident
outside of Alberta.

Duties of garnishee
     474(1)  This Rule does not apply to a garnishee summons that attaches
employment earnings.

     (2)  Within 15 days from the day of being served with a garnishee
summons, a garnishee must do the following:

               (a)  if able to do so, serve a copy of the garnishee
summons on the debtor

                         (i)  in accordance with Rule 353, or

                         (ii) by mailing a copy of the garnishee
summons to the debtor by ordinary mail addressed to the current address of
the debtor, as shown on the records of the garnishee;

               (b)  deliver to the clerk the garnishee's response
referred to in subrule (5);

               (c)  pay to the clerk the lesser of

                         (i)  the amount outstanding on the garnishee
summons, and

                         (ii) the amount payable to the debtor in
respect of any current obligation attached by the garnishee summons,

                    less the garnishee's compensation in the amount of
$10.

     (3)  When a future obligation that has been attached by a garnishee
summons becomes payable, the garnishee must immediately

               (a)  deliver to the clerk the garnishee's response
setting out

                         (i)  the amount of the future obligation
that is now payable, and

                         (ii) the amount that is being paid by the
garnishee to the clerk on account of the garnishee summons, and

               (b)  pay to the clerk the lesser of

                         (i)  the amount outstanding on the garnishee
summons, and

                         (ii) the amount of the future obligation
that has become payable to the debtor,

                    less the garnishee's compensation in the amount of
$10.

     (4)  For the purposes of subrules (2)(c) and (3)(b), the amount
payable by the garnishee to the clerk in respect of a joint entitlement
must, unless otherwise ordered by the Court, be calculated on the
assumption that an equal portion of the joint entitlement is payable to
each joint obligee.

     (5)  For the purposes of subrule (2)(b), the garnishee's response
must contain as much of the following as is applicable:

               (a)  either

                         (i)  a certificate stating that the
garnishee has delivered a copy of the garnishee summons to the debtor, or

                         (ii) a statement setting out the reason why
the garnishee has been unable to deliver the garnishee summons to the
debtor;

               (b)  the amount of any current obligation attached by
the garnishee summons;

               (c)  the amount that is being paid by the garnishee to
the clerk on account of the garnishee summons;

               (d)  where the garnishee summons has attached a future
obligation, the following, if known:

                         (i)  the date or dates on which the future
obligation, or any portion of it, is expected to become payable;

                         (ii) the amount that is expected to be
payable on each date referred to in subclause (i);

                         (iii)     the nature of any contingencies that
must be satisfied before the future obligation will become payable;

               (e)  where the garnishee summons has attached a joint
entitlement,

                         (i)  the name of each joint obligee other
than the debtor, and

                         (ii) either

                                   (A)  the address of each joint
obligee other than the debtor, or

                                   (B)  in the case of the
circumstances referred to in section 82(c) of the Civil Enforcement Act, a
certificate stating that the garnishee has delivered a copy of the
garnishee summons to each joint obligee other than the debtor;

               (f)  if the garnishee disputes the existence of an
attachable obligation, the grounds for the dispute;

               (g)  if the garnishee believes that an obligation
against which the garnishee summons has been issued is or may be owed to a
person other than the debtor,

                         (i)  the reasons for that belief, and

                         (ii) the name and address of that other
person;

               (h)  if another garnishee summons regarding the same
obligation has previously been served on the garnishee and is still in
effect,

                         (i)  a statement stating that another
garnishee summons regarding the same obligation is in effect, and

                         (ii) the expiry date of that other garnishee
summons.

     (6)  A garnishee who disputes the existence of an attachable
obligation may pay the money to the clerk to be held by the clerk pending
the determination of the dispute.

General grace period for garnishee summons
     475(1)  With respect to a garnishee summons, other than a garnishee
summons that attaches employment earnings, a garnishee who pays an attached
obligation to the debtor during the grace period determined in accordance
with subrule (2) does not incur any liability under section 84 of the Civil
Enforcement Act if the garnishee establishes to the satisfaction of the
Court that

               (a)  the garnishee attempted in good faith to identify
the obligation attached by the garnishee summons and to prevent it from
being paid to the enforcement debtor, and

               (b)  either

                         (i)  the payment was not authorized,
permitted or effected by an officer, employee or agent of the garnishee who
had actual knowledge of the garnishment before the payment was made, or

                         (ii) it was not reasonably possible in the
circumstances to prevent the payment from being made to the debtor.

     (2)  For the purposes of subrule (1), the grace period begins when
the garnishee summons is served on the garnishee and ends

               (a)  at midnight on the day that the garnishee summons
is served, if the garnishee summons is served on the office, branch or
agent of the garnishee that is responsible for paying the attached
obligation, or

               (b)  at midnight on the 7th day following the day that
the garnishee summons is served on the garnishee, if service of the
garnishee summons is effected otherwise than as stated under clause (a).

Garnishment re employment earnings
     476(1)  Unless the Court otherwise orders, a garnishee summons does
not attach a debtor's employment earnings that are ordinarily payable at
the end of the pay period during which the garnishee summons is served
unless the garnishee summons is served on the garnishee

               (a)  at least 5 days before the end of the pay period,
in the case of a pay period that is 10 days or less, and

               (b)  at least 10 days before the end of the pay period,
in the case of a pay period that is more than 10 days.

     (2)  Subrule (1) does not apply to any amount that the garnishee does
in fact pay to the clerk under a garnishee summons.

     (3)  Within 15 days from the day of service of the garnishee summons
on a garnishee for the purpose of attaching employment earnings, the
garnishee must,

               (a)  if able to do so, serve a copy of the garnishee
summons on the debtor

                         (i)  in accordance with Rule 353, or

                         (ii) by mailing a copy of the garnishee
summons to the debtor by ordinary mail addressed to the current address of
the debtor, as shown on the records of the garnishee,

               and

               (b)  deliver to the clerk a written response containing
as much of the following as is applicable:

                         (i)  a statement acknowledging or denying
that the debtor is employed by the garnishee;

                         (ii) a statement indicating the frequency
with which the debtor's employment earnings are paid to the debtor;

                         (iii)     either

                                   (A)  a certificate stating that
the garnishee has delivered a copy of the garnishee summons to the debtor,
or

                                   (B)  a statement setting out the
reasons why the garnishee has been unable to deliver the garnishee summons
to the debtor;

                         (iv) if another garnishee summons against
the debtor's employment earnings has previously been served on the
garnishee and is still in effect,

                                   (A)  a statement stating that
another garnishee summons against the debtor's employment earnings is in
effect, and

                                   (B)  the expiry date of that
other garnishee summons.

     (4)  Within 5 days after the end of the debtor's last pay period in
any month during which a garnishee summons is in effect, the garnishee must

               (a)  pay to the clerk the amount of the debtor's
employment earnings for the month that are attached by the garnishee
summons, less the garnishee's compensation in the amount of $10, and

               (b)  deliver to the clerk the statement required under
section 81(1)(c) of the Civil Enforcement Act.

     (5)  Notwithstanding subrule (4), where a debtor's employment
earnings are paid more frequently than monthly, the garnishee may elect to
comply with subrule (4) at the end of each pay period, rather than at the
end of the last pay period in each month.

     (6)  If a garnishee elects under subrule (5) to comply with subrule
(4) at the end of each pay period, the debtor's minimum and maximum
employment earnings exemption for each pay period is determined by
multiplying the monthly exemption by the number of days in the pay period
and dividing the product by 30.

     (7)  Section 78(d) of the Civil Enforcement Act does not apply to a
subsequent garnishee summons where the garnishee summons that is already in
effect was issued pursuant to the Maintenance Enforcement Act.

Service by enforcement creditor
     477(1)  Instead of relying on a garnishee to serve a garnishee
summons on an enforcement debtor, an enforcement creditor may at any time
serve the garnishee summons on the enforcement debtor.

     (2)  If an enforcement creditor serves a garnishee summons on an
enforcement debtor, 

               (a)  that service of the garnishee summons has the same
effect as if the garnishee summons had been served on the enforcement
debtor by the garnishee, and 

               (b)  the enforcement creditor must complete the
certificate referred to in Rule 474(5)(a)(i). 

     (3)  Nothing in this Rule shall be construed so as to remove from a
garnishee any obligation to serve the garnishee summons on the enforcement
debtor.

Money attached by prejudgment garnishee summons
     478(1)  The clerk shall pay out money that is paid into Court
pursuant to a prejudgment garnishee summons only as directed by the Court
or as provided by this Rule.

     (2)  Except as otherwise ordered by the Court, the money or the
portion of the money referred to in subrule (1) necessary to satisfy any
related writ that is in force against the debtor constitutes a
distributable fund for the purposes of Part 11 of the Civil Enforcement Act
when

               (a)  the clerk is satisfied that there is a related writ
in force against the debtor, and

               (b)  the period referred to in Rule 481(1) has expired.

     (3)  Except as otherwise ordered by the Court, if

               (a)  a discontinuance of the claimant's action has been
filed or a judgment dismissing the claimant's action has been entered with
the clerk, and

               (b)  there are no related writs in force against the
debtor,

     the clerk must pay the money referred to in subsection (1) to the
debtor on the debtor's written request to do so.

Renewed garnishee summons
     479(1)  This Rule applies to any garnishee summons except a garnishee
summons that has been issued against a deposit account or a joint account.

     (2)  At any time within 60 days before the expiry date of a garnishee
summons, the instructing creditor may require the clerk to issue a renewal
statement, by providing to the clerk a completed renewal statement in Form
M of Schedule A, in respect of the garnishee summons stating the amount
outstanding on all related writs in force against the debtor.

     (3)  When a renewal statement is served on the garnishee on or before
the expiry date of the expiring garnishee summons,

               (a)  the garnishee summons is renewed for a period of
one year from its current expiry date, and

               (b)  the garnishee must, within 15 days from the day of
being served with the renewal statement, update the status of any
contingency referred to in the garnishee's response delivered to the clerk
under Rule 474(2)(b).

     (4)  A renewal statement is void if it is not served on the garnishee
on or before the expiry date of the expiring garnishee summons.

     (5)  There is no limit on the number of times that a garnishee
summons may be renewed.

     (6)  Notwithstanding section 78(d) of the Civil Enforcement Act, a
subsequent garnishee summons issued against a joint account is effective if

               (a)  the garnishee summons already in effect did not
attach any amount owing, or

               (b)  the subsequent garnishee summons issued against the
joint account is authorized by the Court.

Change in amount outstanding
     480   When a garnishee summons is in effect, any creditor may serve
on the garnishee an adjustment notice setting out the amount of all
relevant claims.

Distribution of garnished funds
     481(1)  Unless otherwise ordered by the Court, money paid into Court
pursuant to a garnishee summons shall not be distributed under Part 11 of
the Civil Enforcement Act until 15 days from the day that the debtor is
served with the garnishee summons in accordance with Rule 474, 476 or 477,
as the case may be.

     (2)  The clerk is not required to make a distribution where the
distributable fund is less than $100.

     (3)  The clerk may deduct from the funds being distributed a
distribution fee in the amount set out in Schedule E.


32   The heading "Process Against Absconding Debtors" preceding Rule 485
and Rules 485 to 493 are repealed.


33   Rule 494(1) is amended by striking out "execution" and substituting
"writ of enforcement".


34   The following is added before Rule 495:

Civil Enforcement Act
     494.1   This Part is subject to the Civil Enforcement Act and the
regulations under that Act.


35   Rule 508 is amended by striking out "execution" and substituting
"enforcement".


36   Rule 584 is amended

     (a)  by repealing clause (b);

     (b)  in clause (d) by striking out "the sheriff" and substituting
"the person who effected the service".


37   Rule 585(1) is amended by striking out "each registrar, clerk, and
sheriff" and substituting "the appropriate court official".


38   Rule 586 is amended

     (a)  in subrule (1) by striking out ", whether under writs of
execution or otherwise,";

     (b)  in subrule (2) by striking out "by the clerk or the sheriff".


39   The heading "Sheriff's Fees" preceding Rule 587 and Rules 587 to 592
are repealed and the following is substituted:

     Civil Enforcement Agency Fees

Fees, etc.
     587   In addition to the amount recovered by the judgment, there may
be levied under any writ

               (a)  the fees and expenses of enforcing the writ
prescribed in Schedule E.1, and

               (b)  interest on the amount recovered.


Rendering of account
     588   A civil enforcement agency that has rendered a statement of
account for services must, at the request of an enforcement debtor or a
creditor of the enforcement debtor, provide to that person a detailed
account of all fees and disbursements for which the statement of account
was rendered.

Taxing of account
     589(1)  Where a person has under Rule 588 requested a detailed
account from a civil enforcement agency, that person may request a taxing
officer to tax the account of the civil enforcement agency.

     (2)  On receiving a request under subrule (1) for the taxation of an
account, the taxing officer shall grant an appointment for the taxation of
the account.

     (3)  On service of a notice of the appointment for the taxation of
the account on the civil enforcement agency, the taxing officer must,

               (a)  on the payment or tendering of the fees of the
taxing officer, tax the account presented to the taxing officer, and

               (b)  if requested to do so, provide a certificate of the
taxation setting out the amount taxed.

     (4)  Any party who is dissatisfied with a taxation of an account may
appeal to the Court for a revision of the taxation of the account.

     (5)  Rules 655 to 658 apply with any necessary modification to the
taxing of an account under this Rule.


40   Rule 658(1) is amended by striking out "writ of execution" wherever it
occurs and substituting "writ of enforcement".


41   Part 49 is repealed and the following is substituted:

     PART 49

     FORECLOSURE AND SPECIFIC
     PERFORMANCE ACTIONS

Definitions
     683   In this Part,

               (a)  "foreclosure action" includes the following:

                         (i)  proceedings for recovery of money
secured by a mortgage, agreement for sale or encumbrance;

                         (ii) proceedings for enforcement of any
provision of a mortgage, agreement for sale or examination;

                         (iii)     proceedings for sale, foreclosure,
redemption or specific performance with respect to land, with or without
security, subject to a mortgage, agreement for sale or encumbrance;

               (b)  "mortgaged property" means the land and any
collateral security referred to in a foreclosure action;

               (c)  "order for foreclosure" includes an order
cancelling or determining an agreement for sale;

               (d)  "order nisi" includes an order for specific
performance.


General rules apply
     684   Except as provided in this Part or as may be ordered by the
Court the general rules of practice and procedure apply to a foreclosure
action.


Notice of Address for Service
     685(1)  Encumbrancers, tenants, offerors, tenderers and defendants
whether or not they have been noted in default may file and serve on the
plaintiff a Notice of Address for Service containing

               (a)  an address for service located within Alberta, and

               (b)  a statement showing

                         (i)  the name of the person who filed the
Notice of Address for Service, and

                         (ii) whether the Notice of the Address for
Service is filed by the encumbrancer, tenant, offeror, tenderer or
defendant in person or by a solicitor on that person's behalf.

     (2)  An address for service given under subrule (1) may be at a
location other than one referred to in Rule 5(b)(i).


Service and notice
     686(1)  At any time after the statement of claim in a foreclosure
action has been served, any other documents in the foreclosure action may,
subject to subrules (2), (3) and (5), be served

               (a)  by personal service;

               (b)  by leaving the documents at or sending the
documents by registered mail to

                         (i)  the address for service provided by the
party to be served,

                         (ii) subject to subclause (iii), the address
for service on title, or the most recent address provided in any document
filed

                                   (A)  against the title to the
mortgaged property, 

                                   (B)  in the general register at
the Land Titles Office, or

                                   (C)  in the Personal Property
Registery,

                              by the party to be served,

                         (iii)     the address of the mortgaged land, if
the party to be served still resides or carries on business there, or

                         (iv) the address of the offeror or tenderer
provided in an offer or tender made on the mortgaged property;

               (c)  by any other method of service ordered by the
Court.

     (2)  Where a document that is a statement of a defence, a demand of
notice or a Notice of Address for Service has been filed and served on the
plaintiff, notice of any application must be given to each person who filed
and served any of those documents.

     (3)  Subject to subrule (2), notice of any application shall be given
to all defendants and subsequent encumbrancers where the application is for
one or more of the following:

               (a)  an order nisi;

               (b)  an order that the mortgaged property be offered for
sale;

               (c)  an order for foreclosure;

               (d)  an order confirming sale to the plaintiff or
otherwise;

               (e)  an order for possession, if that order does not
include a preservation order;

               (f)  an order for personal judgment;

               (g)  an order for the appointment of a receiver-manager.

     (4)  Where one or more offers or tenders have been made on the
mortgaged property, notice of an application for any of the relief set out
in subrule (3) shall be given to each offeror or tenderer.

     (5)  Notwithstanding subrules (1), (2) and (3), the Court may
dispense with service or notice or make any other order that the Court
considers appropriate in all the circumstances.

     (6)  Where a defendant has not filed a defence or demand of notice,
the plaintiff must note the defendants in default before making an
application for any of the relief referred to in subrule (3)(a) to (f).

     (7)  A defendant may be noted in default, notwithstanding the filing
and service of a Notice of Address for Service.


Affidavit of value
     687   Unless otherwise ordered, an affidavit of value shall be filed
before an application is made for any of the relief referred to in Rule
686(3)(a) to (e).


Subsequent encum- brancers
     688   A plaintiff in a foreclosure action shall not make any
subsequent encumbrancer a party to the action unless possession is claimed
from the subsequent encumbrancer.


Offering the mortgaged property for sale
     689(1)  The Court may offer the mortgaged property or any part of
that property for sale,

               (a)  at a time and place,

               (b)  in any manner, and

               (c)  at any price,

     that the Court considers proper.

     (2)  Where the Court orders that the mortgaged property, or any part
of that property, be listed with a realtor, a listing agreement approved by
the Court shall, unless otherwise  ordered by the Court, be appended to and
form part of the order granted.


Sale to the plaintiff
     690(1)  Where the plaintiff seeks an order selling the mortgaged
property or any part of that property to the plaintiff, the Court shall
consider whether an attempt at public sale should precede the plaintiff's
application.

     (2)  In exercising its discretion under subrule (1), the Court must
consider at least the following:

               (a)  the nature of the mortgaged property;

               (b)  the value of the mortgaged property;

               (c)  the existing market for the mortgaged property;

               (d)  the amount owed on the plaintiff's security against
the mortgaged property;

               (e)  the amount owed for prior encumbrances, municipal
taxes, condominium assessments or any other applicable prior charges
against the mortgaged property.

     (3)  Subject to subrule (4), in granting an order selling the 
mortgaged property or any part of that property to the plaintiff, the
Court, having considered the relevant factors including those set out in
subrule (2), shall determine the fair value at which the plaintiff may
purchase the mortgaged property.

     (4)  Where the plaintiff makes an offer or tender on mortgaged
property following an order that the mortgaged property be offered for
sale, the Court shall consider, in addition to the factors set out in
subrule (2), the following:

               (a)  the offer or tender of the plaintiff;

               (b)  the presence or absence of other offers and
tenders;

               (c)  the amounts of any offers and tenders;

               (d)  any terms or conditions.


Order confirming sale
     691(1)  Where the Court has ordered that the mortgaged property or
any part of that property be offered for sale by tenders filed in Court,
the plaintiff shall apply for

               (a)  an order confirming sale, or

               (b)  an order rejecting tenders and directing the return
of the deposits paid in respect of the rejected tenders within 25 days
after the date set for the reception of tenders.

     (2)  Where money is paid into Court pursuant to an order confirming
the sale, the clerk shall provide a certificate of payment into Court.

     (3)  When a person registers at the Land Titles Office the order
confirming the sale, the certificate of payment into Court must also be
registered at the Land Titles Office.

     (4)    On granting an order confirming the sale, the Court may
provide any directions that the Court considers appropriate to facilitate
the closing of the sale.


Evidence
     692   Prior to the application for an order nisi, an order that the
mortgaged property be offered for sale, an order for foreclosure, an order
confirming sale or an order appointing a receiver, the plaintiff shall file

               (a)  a  certified copy of all the current titles to the
mortgaged land,

               (b)  in the case of an application made during the
period of time commencing on April 18, 1995 and terminating 3 years from
that date, a General Register Certificate, and

               (c)  where the mortgaged property includes chattels, a
Personal Property Registry printed result of a search according to name, in
the name of each of the current registered owners, or the purchasers in the
case of an agreement for sale.


Checking of calculations - taxing of costs
     693(1)  When the Court grants an order declaring the balance owing to
the plaintiff or grants judgment against any party,

               (a)  the plaintiff shall file a statement of mortgage
indebtedness, unless otherwise ordered by the Court,

               (b)  the clerk or the taxing officer shall tax the
costs, if so required by the order, and

               (c)  the clerk shall

                         (i)  check the plaintiff's calculations,

                         (ii) correct the amounts in the order, if
necessary,

                         (iii)     sign the order as authorized by Rule
321, and

                         (iv) return the order to the plaintiff or
the plaintiff's counsel.

     (2)  Once the order has been returned to the plaintiff or the
plaintiff's counsel under subrule (1)(c)(iv), the plaintiff or the
plaintiff's counsel may proceed to enter the order.

     (3)  If the plaintiff disagrees with

               (a)  the taxation of costs, if done without appearance,
or

               (b)  corrections made by the clerk under subrule
(1)(c)(ii),

     the plaintiff may, prior to entry of the order under subrule  (3),

               (c)  appear before or speak to the clerk or taxing
officer to explain the plaintiff's figures or costs, or

               (d)  if not satisfied with the clerk's taxation or
corrections or the taxing officer's taxation, reattend before the master or
judge granting the order, at which time the plaintiff shall provide to the
Court any corrections, bill of costs, notes or other materials from the
clerk or taxing officer.


42   Rule 719(d) is amended by striking out "obtainable on praecipe, issue
writs of execution" and substituting "and issue writs of enforcement".


43   The following is added after Rule 721:

Notice to be given
     721.1(1)  Every party

               (a)  who receives an order, or

               (b)  in whose favour the Court makes an order,

     imposing duties on an officer to whom this Part applies shall, unless
the Court otherwise directs, give to that officer written notice of the
order and of the duty imposed pursuant to the order.

     (2)  The filing of an order made under subrule (1) does not
constitute notice to the officer.


44   Rule 729.1 is repealed.


45   Rule 736 is repealed.


46   Rule 815 is amended as to the portion of the form under the heading
"II.  Recognizance" by striking out "execution" and substituting "the Civil
Enforcement Act".


47   Schedule A is amended

     (a)  by repealing Form F and substituting Forms F and F.1 in
Schedule 1 to this Regulation;

     (b)  by repealing Form I and substituting Forms I and I.1 in
Schedule 1 to this Regulation;

     (c)  by repealing Form J and substituting Form J in Schedule 1 to
this Regulation;

     (d)  by repealing Form K and substituting Form K in Schedule 1 to
this Regulation;

     (e)  by repealing Form L and substituting Form L in Schedule 1 to
this Regulation;

     (f)  by repealing Form M and substituting Form M in Schedule 1 to
this Regulation.


48   Schedule C is amended

     (a)  in section 21 by striking out "Execution" and substituting 
"Enforcement";


     (b)  in section 44 by striking out "To Issue of one Writ of
Execution and a similar fee for Issue of each Alias Writ of Execution when
the circumstances are reasonable" and substituting "To issue of Writ of
Enforcement";

     (c)  in section 45 by striking out "Execution" and substituting
"Enforcement";

     (d)  by adding the following after section 45:

45.1 To request
     and review 
     a financial 
     report from
     enforcement
     debtor.....    75.00   100.00   125.00   150.00   150.00   150.00


49   Schedule E, Number 1 is amended

     (a)  as to Clerk's Fees by adding the following after section 8:

          9    Distribution of funds attached
               pursuant to a garnishee summons.....    $10.00

          10   Commencement of interpleader
               proceedings.....    $100.00

     (b)  as to Sheriff's Fees by repealing section 3 and substituting
the following:

          3    When carrying out the duties or functions
               or exercising the powers of a civil
               enforcement agency.....  the same fees
     and expenses
     as are payable
     to a civil
     enforcement agency
     under Schedule E.1


50   Schedule E.1 in Schedule 2 to this Regulation is added after Schedule
E.


51   This Regulation comes into force on January 1, 1996.
























     SCHEDULE 2

     SCHEDULE E.1

     TAXABLE COSTS RECOVERABLE FROM A DEBTOR
     UNDER THE CIVIL ENFORCEMENT ACT
     (Rule 587)

    
1    For receipt of instructions, opening file, conducting all necessary
preliminary searches
$50 plus
reasonable
necessary
disbursements

2    For carrying out a seizure under civil enforcement proceedings,
including enforcing writs of possession and other writs, replevin orders
and other orders, including up to 3 attempts ( defined).  Anything beyond 3
attempts is at the discretion of a Taxing Officer.  Fee also includes
preparation of Bailiff Report

     (Attempt is defined as physically attending at the location where the
goods are reasonably believed to be located)






$100 plus
reasonable
necessary
disbursements


3    For registration of seizure, sale and distribution in respect of
personal property


$10 plus
reasonable
necessary
disbursements


4    Hourly rate for travel time plus the amount for kilometres as set out
in section 6(1)(a) of the Subsistence, Travel and Moving Expenses
Regulation under the Public Service Act





$15 per hour plus kms


5    For attendance at seizure/removal in respect of personal property for
each hour or portion thereof, after the first half hour





$30 per hour

6    When assistance is required in seizure/removal and/or storage in
respect of personal property : such sum as is reasonably disbursed or as
may be fixed by a Taxing Officer in case of dispute.



7    Charges of bailee or person in possession, other than the debtor, for
storage in respect of personal property: such sum as is necessary and
reasonable, or as may be fixed by a Taxing Officer in case of dispute.



8    For each valuation in respect of personal property where an appraisal
is necessary or advisable in the civil enforcement agency's opinion or is
requested in writing by the creditor or debtor, the amount actually and
reasonably disbursed, to be fixed by a Taxing Officer in case of dispute;
time reasonably spent for arranging






$10 per hour plus reasonable
necessary
disbursements

9    For arranging/conducting sale and advertising in respect of personal
property

$15 plus
reasonable
necessary
disbursements

10   For attendance at sale in respect of personal property if reasonably
required


$50

11   For conducting enforcement proceedings relating to the sale of land
under Part 7 of the Civil Enforcement Act

$150 plus
reasonable
necessary
disbursements


12   For searching and determining how to disburse distributed funds

$25 plus
reasonable
necessary
disbursements

13   For distribution of funds to:

          1 creditor
          2 to 5 creditors
          more than 5 creditors



$ 0
$10
$20

14   Additional charges will be at the discretion of the Taxing Officer




     Alberta Regulation 278/95

     Personal Property Security Act

     PERSONAL PROPERTY SECURITY AMENDMENT REGULATION

     Filed:  November 22, 1995

Made by the Lieutenant Governor in Council (O.C. 710/95) pursuant to
section 71 of the Personal Property Security Act and section 106 of the
Civil Enforcement Act.


1   The Personal Property Security Regulation (Alta. Reg. 234/90) is
amended by this Regulation.


2   Section 1 is amended 

     (a)  by renumbering it as section 1(1);

     (b)  in subsection (1)(f),

               (i)  by repealing subclause (iv) and substituting the
following:

                         (iv) in respect of a writ of enforcement,
the property of the enforcement debtor to be bound by the writ,

               (ii) by adding the following after subclause (vii):

                         (vii.1)   in respect of a statutory charge,
the property that is subject to the statutory charge,
 
     (c)  in subsection (1)(i)

               (i)  by repealing subclause (iv) and substituting the
following:

                         (iv) in respect of a writ of enforcement,
the enforcement debtor,

               (ii)  by striking out "and" at the end of subclause
(viii) and by adding the following after subclause (ix):

                         (x)  in respect of a stay, the judgment
debtor,

                         (xi) in respect of a statutory charge, the
person whose property is subject to the statutory charge,

                         (xii)     in respect of a receiver's report, the
person whose property is the subject of the receivership, and

                         (xiii)    in respect of a maintenance
order, the person whose interest in the property is subject to the
maintenance order;

     (d)  by adding the following after subsection (1)(j.1):

               (j.2)     "maintenance order" means a maintenance order
referred to in section 16 of the Maintenance Enforcement Act;

     (e)  by adding the following after subsection (1)(m.1):

               (m.2)     "receiver" means a receiver appointed under the
Civil Enforcement Act;

               (m.3)     "receiver's report" means a notice referred to in
section 32(2) of the Civil Enforcement Regulations;

     (f)  in subsection (1)(q)

               (i)  by repealing subclause (iv) and substituting the
following:

                         (iv) in respect of a writ of enforcement,
the enforcement creditor,

               (ii) by striking out "and" at the end of subclause
(viii) and by adding the following after subclause (ix):

                         (x)  in respect of a stay, the judgment
creditor,

                         (xi) in respect of a statutory charge, the
person claiming the statutory charge,

                         (xii)     in respect of a receiver's report, the
receiver, and

                         (xiii)    in respect of a maintenance
order, the person in whose favour the maintenance order is given;

     (g)  by adding the following after subsection (1)(s):

               (s.1)     "status report" means a financing change statement
that is used for the purposes of

                         (i)  renewing or amending the registration
of a writ of enforcement, or

                         (ii) amending a registration relating to

                                   (A)  an attachment order,

                                   (B)  a general property order,

                                   (C)  a maintenance order, or

                                   (D)  a receiver's report;

               (s.2)     "statutory charge" means a lien, charge or other
interest that 

                         (i)  affects property, and

                         (ii) is created under an enactment in force
in Alberta;

     (h)  by adding the following after subsection (1):

     (2)  For the purposes of the Personal Property Security Act and this
Regulation, any form prescribed by the Civil Enforcement Act that may be
registered in the Registry is considered to be a financing statement or a
financing change statement, as the case may be.


3   Section 1.1 is amended by adding the following after clause (c):

     (d)  a statutory charge.


4   Section 1.2 is repealed.


5   Section 2.1 is amended by repealing subsection (2).


6   Section 4 is repealed and the following is substituted:

Length and scope of registration (writs of enforcement)

     4   A registration relating to a writ of enforcement may be renewed
for one or more further periods of 2 years each from the date of the
registration of the renewal.


7   Section 4.1 is amended by adding the following after clause (d):

     (d.1)     a stay,

     (d.2)     a statutory charge,

     (d.3)     a receiver's report,

     (d.4)     a maintenance order,


8   The following is added after section 17:


Name of debtor re writ
     17.1(1)  The name of the debtor on a financing statement submitted
for registration in respect of a writ of enforcement must be the name of
the debtor as it appears on the judgment.


     (2)  In addition to the name of the debtor shown on a financing
statement under subsection (1), any other names by which the debtor may be
known may be added to the registration by registering a status report in
respect of the writ of enforcement.


9   Section 21 is repealed and the following is substituted:

Writ of enforcement

     21  Where a financing statement is submitted for registration in
respect of a writ of enforcement,

               (a)  except as provided in clause (b), a description of
the property bound by the writ is not required, and

               (b)  for the purposes of section 36(3) of the Civil
Enforcement Act, a description by serial number shall be provided in
accordance with section 27.


10   Section 25.1 is amended by adding "or a statutory charge" after "Crown
charge".


11   The following is added after section 25.2:

Stays, statutory liens and receiver's reports

     25.3   Where a financing statement is submitted for registration in
respect of a stay or receiver's report, the registering party is not
required to provide a description of collateral.


12   Section 27(5)(a) is amended by striking out "a writ of execution or".


13   Sections 30 and 31 are repealed.


14   Section 32(2) is repealed.


15   The following is added after section 32:

Court orders, etc.

     32.1   Where a financing statement is submitted in respect of a court
order, stay or receiver's report that is an initial registration, the
registering party shall attach to the financing statement the prescribed
form for "Court Order, Other Changes and Additional Information" that has
been completed by 

               (a)  placing an "X" next to "Court Order", and

               (b)  specifying in the area for "Particulars"

                         (i)  the Court,

                         (ii) the date and court file number of the
order,

                         (iii)     the judicial district out of which it
was issued, and

                         (iv) its effect.


16   Section 33.1 is repealed and the following is substituted:


Financial report re enforcement debtor
     33.1   A notice, stating that an enforcement creditor has under Rule
370 of the Alberta Rules of Court been furnished with a financial report
regarding an enforcement debtor, may be registered by submitting for
registration a status report in respect of the writ of enforcement..


17   Section 35 is amended by adding "and" at the end of clause (a), by
striking out "and" at the end of clause (b) and by repealing clause (c).

18   Section 43(1) is repealed.


19   Section 44 is repealed and the following is substituted:


Seizure of security interest
     44   For the purposes of registering a notice of seizure of a
security interest pursuant to section 51 of the Civil Enforcement Act, the
registering party must

               (a)  complete a financing change statement, and

               (b)  attach to the financing change statement the form
for "Court Order, Other Changes and Additional Information", that has been
completed by

                         (i)  placing an "X" next to "Other Change",
and

                         (ii) indicating in the area for
"Particulars"

                                   (A)  that seizure of a specified
security interest has been made,

                                   (B)  the name of the enforcement
debtor, and

                                   (C)  the name of the enforcement
creditor.


20   Section 58 is amended

     (a)  in subsection (1) 


               (i)  by adding "stay, statutory charge, receiver's
report, maintenance order or" after "registration of a";

               (ii) by striking out "the Seizures Act" and substituting
"section 22 or 33 of the Civil Enforcement Act";

     (b)  in subsection (1.1)

               (i)  by adding "stay, statutory charge, receiver's
report, maintenance order and" after "registration of a";

               (ii) by striking out "the Seizures Act" and substituting
"section 22 or 33 of the Civil Enforcement Act";

     (c)  by repealing subsection (2) and substituting the following:

          (2)  Section 50 of the Act applies to a registration of a stay,
statutory charge and maintenance order and to a registration made pursuant
to section 22 or 33 of the Civil Enforcement Act.


21   Schedule 4 is amended

     (a)  under the heading "Registrations",

               (i)  by adding the following after section 1:

               1.1   To register a writ of enforcement
               under the Civil Enforcement Act    $25

               (ii) in section 2 by repealing clause (a.1);

               (iii)     by adding the following after section 2:

                    2.1   To register

                                   (a)  a status report to renew a
                              writ of enforcement $15

                                   (b)  a status report, other than
                              one referred to in clause (a), to
                              amend a writ of enforcement   No charge

                    2.2   To register a stay No charge

                    2.3   To register

                                   (a)  a civil enforcement agency
                              report in respect of a seizure     $25

                                   (b)  an amendment to a civil
                              enforcement agency report
                              in respect of a seizure  No charge


                              (c)  a civil enforcement agency
                              report in respect of a sale or
                              distribution or an amendment to
                              a civil enforcement agency 
                              report in respect of a sale or
                              distribution   No charge

                    2.4   To register

                                   (a)  a maintenance order $25

                                   (b)  a status report to amend a 
                                        maintenance order   no charge

     (b)  under the heading "Search Requests" by adding the following
after section 2:

          3    To obtain a related writ search    $5

          4    To obtain a distribution seizure search for
               the purposes of the Civil Enforcement Act    $5


22   Schedule 5 is amended by adding the following after section 5:

          6.   Stay ST

          7.   Statutory charge, in the case of a
               security interest referred to in
               section 40.2 of the Employment
               Pension Plans Act   EP

          8.   Statutory charge other than an
               interest referred to in section 7
               of this Schedule    SC

          9.   Receiver's report   RE


23   This Regulation comes into force on the day that the Civil Enforcement
Act comes into force.