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The Executions Amendment and Consequential Amendments Act

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S.M. 1997, c. 33

THE EXECUTIONS AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 28, 1997)

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

C.C.S.M. c. E160 amended

1          The Executions Act is amended by this Act.

2(1)      The following is added before section 1:

PART 1

DEFINITIONS

2(2)      Section 1 is amended by adding the following definitions in alphabetical order:

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"sheriff" means an individual appointed under The Civil Service Act to act as a sheriff. (« shérif »)

3         Section 2 is repealed and the following is substituted:

PART 2

GENERAL

Sheriff shall endorse writs and orders of attachment

2         A sheriff who receives a writ of execution, order of attachment or any similar document shall immediately endorse on it the date and time and the judicial centre at which it is received.

4         Section 3 is amended

(a) by repealing the section heading and substituting "Priority of wages of employees after seizure of goods";

(b) by adding "order of" before "attachment"; and

(c) by striking out "or bailiff, as the case may be,".

5(1)      Subsection 5(1) is amended

(a) by striking out "or bailiff" wherever it occurs; and

(b) by striking out "or the bailiff".

5(2)      Subsection 5(2) is amended by striking out "directed to the sheriff or bailiff".

6         Section 6 is amended by striking out ", bailiff or other officer to whom the writ is directed, or who may have the execution of the writ,".

7(1)      Subsection 7(1) is amended by striking out "Any sheriff or bailiff to whom a writ of execution is directed, or who may have the execution of the writ," and substituting "The sheriff".

7(2)      Subsections 7(3) and (4) are amended by striking out "or bailiff".

7(3)      Subsection 7(5) is amended by striking out "or bailiff,".

8         Section 9 is amended

(a) by striking out "If a sheriff or a bailiff" and substituting "A sheriff who";

(b) by striking out ", he"; and

(c) by striking out "or bailiff, as the case may be,".

9(1)      Subsection 10(1) is amended

(a) by repealing the section heading and substituting "Seizure under section 8 or 9"; and

(b) by striking out "The sheriff or bailiff, to whom any writ of execution as aforesaid is addressed" and substituting "The sheriff to whom a writ of execution is addressed under section 8 or 9".

9(2)      Subsection 10(3) is amended by striking out "or bailiff".

10        Section 11 is amended by adding "under subsection 10(1)" after "service of the notice".

11        Section 12 is amended

(a) by striking out "or bailiff"; and

(b) by striking out "notice of the seizure thereof is served as aforesaid" and substituting "the notice of seizure referred to in subsection 10(1) is served".

12(1)     Subsection 16(1) is amended by striking out "Where goods or chattels are seized in execution under a writ issued to a sheriff or bailiff, he or his deputy or other officer who seized the" and substituting "A sheriff who seizes".

12(2)     Subsection 16(2) is amended by striking out "or bailiff, or other officer".

12(3)     Subsection 16(3) is amended

(a) by striking out the section heading and substituting "Sheriff may appoint agent";

(b) by striking out "or bailiff or other officer"; and

(c) by striking out ", bailiff or officer".

13        Section 17 is amended

(a) by striking out "or bailiff,"; and

(b) in the English version, by striking out "at he time" and substituting "at the time".

14        Section 19 is amended by striking out "or bailiff".

15        Subsections 20(1), (2) and (4) are amended by striking out "or bailiff" wherever it occurs.

16        Section 21 is amended by striking out "or bailiff,".

17        Subsection 22(1) is amended

(a) by striking out "clause 34(a)" and substituting "Rule 19.01(1)(a) (a debt or liquidated demand in money)"; and

(b) by striking out "or bailiff,".

18        Subsection 23(2) is amended

(a) by striking out ", bailiff or other officer making the seizure"; and

(b) by striking out ", bailiff or officer".

19        Section 34 is amended by striking out ", sheriff's bailiff, bailiff of the Provincial Court (Family Division), or other officer,".

20        Subsection 37(1) is amended in the part following clause (d) by striking out "or bailiff".

21        Section 38 is amended by striking out "or bailiff".

22        The following is added after section 39:

PART 3

CIVIL ENFORCEMENT AGENCIES

Definitions

40        In this Part,

"agency" means a civil enforcement agency authorized under an agreement to carry out civil enforcement proceedings; (« organisme »)

"agreement" means an agreement made under section 41; (« accord »)

"bailiff" means a civil enforcement bailiff appointed under subsection 42(1); (« huissier »)

"civil enforcement proceeding" means a seizure or recovery of property other than money that is authorized under an Act or an order of a court, and includes

(a) a seizure under a writ of possession, writ of execution, writ of delivery, writ of seizure and sale, order of attachment, warrant of execution or interim order for the recovery of possession of property, and

(b) the sale of seized property and the distribution of the proceeds of sale. (« procédure d'exécution civile »)

Agreement to authorize agency

41(1)     A person designated by the minister may, on behalf of the Crown, enter into an agreement under which a person is authorized to operate an agency for the purpose of carrying out civil enforcement proceedings.

Content of agreement

41(2)     An agreement may contain provisions

(a) setting out the terms and conditions under which the agency operates;

(b) governing the suspension or cancellation of the agreement or any of the agency's operations;

(c) governing the rights and powers of the sheriff respecting access to and the search of any locations and premises of the agency, and the removal of any property from that location or those premises; and

(d) governing any other matter respecting the operations of the agency or the authorization to operate it.

Sheriff may appoint individuals as bailiffs

42(1)     A sheriff may appoint an individual as a civil enforcement bailiff to carry out civil enforcement proceedings, subject to any restrictions or conditions contained in the appointment.

Agency to use only civil enforcement bailiffs

42(2)     An agency shall use only civil enforcement bailiffs to carry out civil enforcement proceedings.

Bailiff's manner of carrying out proceedings

42(3)     A bailiff who carries out a civil enforcement proceeding shall do so in accordance with

(a) the agreement that governs the agency employing the bailiff;

(b) any restriction or condition on the appointment of the bailiff;

(c) the document authorizing the proceeding; and

(d) this Act and the regulations under this Act, and any other Act that applies to the proceeding or to a sheriff carrying out such a proceeding.

Agency may carry out proceeding in place of sheriff

43        Despite any requirement in an enactment or document that a civil enforcement proceeding be carried out by a sheriff, an agreement may authorize an agency to carry out the proceeding, and the agency may carry it out in accordance with this Part.

Agency and bailiff are not Crown agent or employee

44(1)     Neither an agency nor a bailiff is an agent or employee of the Crown or a sheriff.

Crown and sheriff not liable

44(2)     Neither the Crown nor a sheriff is liable for anything done or omitted to be done by an agency or bailiff, and no action may be brought against the Crown or a sheriff in respect of loss, damage or injury alleged to have been caused by an act or omission of an agency or bailiff.

Regulations

45        The Lieutenant Governor in Council may make regulations respecting the following:

(a) agreements entered into under section 41;

(b) the appointments and the suspensions and revocations of appointments of bailiffs;

(c) the qualifications of agencies and bailiffs;

(d) the carrying out of the duties and functions of agencies and bailiffs;

(e) fees and expenses that may be charged or received by agencies, which may include the application of fees prescribed under The Law Fees Act;

(f) the records, reports and information to be kept, maintained, held in confidence and released by agencies and bailiffs;

(g) reports to be filed in a court in respect of civil enforcement proceedings authorized by the court;

(h) the handling, holding and distribution of property and funds by agencies and bailiffs;

(i) the supervision and inspection of agencies and bailiffs and their operations;

(j) the security and indemnification to be provided to agencies and bailiffs;

(k) defining words or phrases used in this Act or in a regulation for which no definition is given in this Act;

(l) enlarging or restricting the meaning of a word or expression used in this Act;

(m) any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Part.

Consequential amendments, C.C.S.M. c. C340

23(1)     The Crown Lands Act is amended by this section.

23(2)     Subsection 27(3) is amended by striking out ", bailiff, constable, or other person named in the order,".

23(3)     Subsection 27(4) is amended

(a) by repealing the section heading and substituting "Execution by sheriff";

(b) by striking out "The officer named in the order" and substituting "The sheriff"; and

(c) by striking out "the officer may" and substituting "the sheriff may".

Consequential amendments, C.C.S.M. c. W190

24        The following provisions of The Woodmen's Liens Act are amended by striking out "bailiff" and "bailiff of the court", with necessary grammatical modifications wherever they occur and substituting "sheriff":

(a) subsection 7(9);

(b) section 8;

(c) sections 11, 12 and 17;

(d) subsections 18(1) and (2).

Coming into force

25        This Act comes into force on the day it receives royal assent.