HomeC.C.S.M. c. E160
The Executions Act
| Back to the Act | Schedule |
| 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 |
