Civil enforcement agency

A buyer checking an Alberta seller before closing may learn that a creditor has a judgment against the seller, or that property has been seized. Under Alberta’s Civil Enforcement Act, steps such as seizure are reserved to an agency, subject to the exceptions below. This entry covers Alberta only; check the rules where you are.

What the Act says

Section 9(1) of the Civil Enforcement Act lets the sheriff, on behalf of the Crown, enter into an agreement authorizing a person to operate an agency. Its functions include seizures under writ proceedings or distress, evictions, selling seized property and distributing the proceeds. Unless another enactment permits otherwise, s. 9(3) says only an agency may carry out the functions in s. 9(1)(a) to (d) in civil enforcement proceedings other than certain distresses, for which it reserves only seizures. Under s. 9(4) an agency shall use only bailiffs for seizures, removing seized property and evictions, and under s. 9(7) the sheriff may, at the Minister’s direction, carry out an agency’s duties and functions. The sheriff appoints bailiffs under s. 10.

Oversight and what to ask

The Office of the Sheriff says it has a written agreement with every civil enforcement agency in Alberta and regulates the industry under the Act.

• Has any agency contacted the seller, or seized or listed property?
• Is there an outstanding writ, and which creditor holds it?
• Do the assets in the sale include anything that was seized?

Search steps are in how to check title and liens when buying from an insolvency. Related: execution search.