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The Advisory: Volume 10, Issue 3, July 2012


Click here to view the PDF version of The Advisory

Provisions in the Justice and Court Statutes Amendment Act comes into effect July 1, 2012

Amendments to the Civil Enforcement Act and the Proceedings Against the Crown Act are among the provisions in the Justice and Court Statutes Amendment Act, 2011, which will come into effect July 1, 2012.

The amendments to the Civil Enforcement Act improve civil enforcement procedures and clarify provisions include:

  • Section 47 - to reduce the number of days seized property must be kept in storage before a civil enforcement agency can give notice to creditors of its intention to release seizure, and to reduce the number of days of notice that must be given to creditors, thereby avoiding unnecessary storage costs.
  • Section 48.2 - to eliminate the requirement that a creditor obtain a court order to seize property that is already under seizure. his will streamline procedures and help ensure creditors do not lose rights or priorities with respect to seized property.
  • Section 79 - to increase the length of time a garnishee summons remains in effect -from one year to two years - making the time frame consistent with the writ of enforcement and reducing renewal costs.

As a consequence of the amendments to the Civil Enforcement Act, amendments to the Civil Enforcement Regulation (AR 276/95) will also come into effect on July 1, 2012. These include amendments to:

  • Section 35.28(2) to increase the length of time that a renewal of a garnishee summons remains in effect from one year to two years.
  • The Garnishee Summons (Form 11) and the Garnishee Summons Renewal Statement (Form 12) to reflect the increase in the length of time that a garnishee summons and a renewal of a garnishee summons remains in effect.

A copy of the Civil Enforcement Amendment Regulation (AR 1 09/2012) can be found online at: http://www.qp.alberta.ca.

Section 10 of the Proceedings Against the Crown Act is amended to remove the restriction against commencing civil proceedings against the Crown in Provincial Court, within the Court’s substantive and monetary jurisdiction, thereby improving access to justice for Albertans.

If you have any questions concerning these changes, please contact Rob Anderson, Legal Counsel, Court Services by telephone at 780- 427-2714 or by email at rob.anderson@gov.ab.ca.

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