Skip to main content
The Executions Act

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10 to 15 Repealed
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
AFFIDAVIT OF CLAIM
A.B. , claimant, vs. C.D. , defendant.
NOTICE TO JUDGMENT DEBTOR