C.C.S.M. c. E160
The Executions Act
PART 1 | |
DEFINITIONS | |
1(1) | Definitions |
(2) | Registered common-law relationship |
PART 2 | |
GENERAL | |
2 | Sheriff shall endorse writs and orders of attachment |
2.1 | Writ of execution expires in two years |
3 | Priority of wages of employees after seizure of property |
4 | Privilege extends to all terms of hiring |
5(1) | Effect of writ on goods and chattels |
(2) | Exclusions |
(3) | |
6 | Equity of redemption or other interest may be seized |
7(1) | Money, securities and instruments subject to seizure |
(2) | Nature of interest in real property mortgages |
(3) | Sale of securities by sheriff |
(4) | Effect of sale by sheriff |
(5) | Registration of assignment |
(6) | Exception |
(7) | Definitions |
8(1) | Definitions |
(2) | Seizure of judgment debtor's interest in securities and security entitlements |
(3) | When seizure becomes effective |
9(1) | Sheriff may deal with seized interests in securities and security entitlements |
(2) | How sheriff may deal with seized interests |
(3) | Sheriff to provide certificate to issuer or securities intermediary |
9.1(1) | Definition |
(2) | Restrictions on transfer of seized security |
(3) | Application |
(4) | Person entitled to acquire or redeem security |
(5) | Court may make orders |
(6) | Application made under Corporations Act |
(7) | Joining applications |
(8) | Person deemed to be party to unanimous shareholder agreement |
(9) | Person acquiring or taking seized security not liable |
10 to 15 | |
16(1) | Sheriff to provide inventory of seized property |
(2) | Sheriff to give notice before disposing of property |
(3) | Sheriff may appoint agent |
17 | Return where property in sheriff's hands unsold |
18 | Application of sections 19 to 22 |
19 | Priority of writs of execution |
19.1(1) | Priority for maintenance orders |
(2) | Amendment of writs permitted |
(3) | Notice from sheriff of opportunity to amend writ |
19.2 | Definitions |
19.3 | Priority for recognizance orders, restitution and fines |
20(1) | Sheriff to give notice of money realized |
(2) | No notice required |
(3) | Cost of notice |
(4) | Distribution of money 14 days after notice |
21 | Failure to give notice |
22(1) | Distribution in certain cases to be delayed by judge |
(2) | Distribution in part |
23(1) | Exempt property |
(2) | Sale price of chattel in excess of value exemption |
24 | Exemptions apply to dependant |
25 | Insurance on exemptions to be also exempt |
26(1) | Annuities under Government Annuities Act (Can.) |
(2) | Saving |
27 | Partnership exemptions |
28 | Exemptions not available to corporation |
29 | Exemptions do not apply to parties removing from province |
30 | Debtor to have choice |
31(1) | Exceptions in case of actions for purchase price |
(2) | Chattels purchased to defeat creditors |
32(1) | When growing crops may be sold |
(2) | Choice as to sale of grain |
33 | Execution with respect to materials furnished for building |
34 | Property exempt by this Act not to be seized |
35 | Exemptions cannot be abandoned |
36 | Seizure and sale of mobile home |
37(1) | Summary disposal of disputes |
(2) | Order of judge |
38 | Indemnification of sheriff |
39 | |
PART 3 | |
CIVIL ENFORCEMENT AGENCIES | |
40 | Definitions |
41(1) | Agreement to authorize agency |
(2) | Content of agreement |
42(1) | Sheriff may appoint individuals as bailiffs |
(2) | Agency to use only civil enforcement bailiffs |
(3) | Bailiff's manner of carrying out proceedings |
43 | Agency may carry out proceeding in place of sheriff |
44(1) | Agency and bailiff are not Crown agent or employee |
(2) | Crown and sheriff not liable |
45 | Regulations |