Province of Alberta
ALBERTA PERSONAL PROPERTY
BILL OF RIGHTS
Revised Statutes of Alberta 2000
Chapter A-31
Current as of December 11, 2013
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Note
All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.
Regulations
The following is a list of the regulations made under the Alberta Personal
Property Bill of Rights that are filed as Alberta Regulations under the Regulations
Act.
Alta. Reg.
Amendments
Alberta Personal Property
Bill of Rights
Exemption ......................................................125/99 ............. 213/99, 238/99,
251/2001, 27/2002,
SA 2002 c11 s2(21),
354/2003, 377/2003,
193/2004, 105/2005,
112/2006, 253/2006,
68/2008, 242/2008,
33/2009, 187/2011,
31/2012, 62/2013,
188/2014, 19/2017
ALBERTA PERSONAL PROPERTY
BILL OF RIGHTS
Chapter A-31
Table of Contents
1
2
3
4
5
6
Definitions
Restriction on legislation affecting personal property
Exceptions
Construction of law
Regulations
Crown bound
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of Alberta, enacts as follows:
Definitions
1 In this Act,
(a) “owner” means a person who has legal ownership of
personal property;
(b) “personal property” means only tangible personal property
that is capable of being physically touched, seen or moved
or that can be physically possessed and does not include
(i) intangible personal property,
(ii) an incorporeal right, or
(iii) any interest in land;
(c) “provincial enactment” means an Act of the Legislature of
Alberta or any regulation or order made under an Act of the
Legislature of Alberta;
(d) “title” means legal title.
1998 cA-35.05 s1
1
RSA 2000
Chapter A-31
ALBERTA PERSONAL PROPERTY
BILL OF RIGHTS
Section 2
Restriction on legislation affecting personal property
2 Subject to section 3, where
(a) personal property is owned by a person other than the
Crown, and
(b) a provincial enactment contains provisions that authorize the
acquiring of permanent title to that personal property by the
Crown,
those provisions are of no force or effect unless a process is in
place for the determination and payment of compensation for the
acquiring of that title.
1998 cA-35.05 s2
Exceptions
3 Section 2 does not apply in respect of the following:
(a) any taxes, levies or royalties that are payable to the Crown
under a provincial enactment;
(b) where personal property is acquired or retained by the
Crown following a conviction for contravention of a
provincial enactment, if
(i) the acquiring of that personal property is in whole or in
part the penalty or an addition to a penalty provided for
under that enactment,
(ii) the possession of that personal property by its owner
constitutes the contravention of that enactment, or
(iii) the acquiring of that personal property was by reason of
the forfeiture of that property to the Crown on account of
the conviction;
(c) where the title to personal property is acquired under or
pursuant to
(i) any proceedings taken under a provincial enactment
respecting the payment of taxes, levies, royalties, fines
or penalties;
(ii) the Civil Enforcement Act;
(iii) the Personal Property Security Act;
(iii.1) the International Interests in Mobile Aircraft Equipment
Act;
2
Section 4
ALBERTA PERSONAL PROPERTY
BILL OF RIGHTS
RSA 2000
Chapter A-31
(iv) any regulation made under the Civil Enforcement Act,
the Personal Property Security Act or the International
Interests in Mobile Aircraft Equipment Act;
(v) any distress, receivership, trusteeship or similar
proceedings;
(vi) any liens;
(vii) any agreement or arrangement between the owner of the
personal property and the Crown;
(d) any matter, provincial enactment or provision of a
provincial enactment exempted from the application of
section 2 by a regulation made under section 5.
RSA 2000 cA-31 s3;2013 c23 s1
Construction of law
4 Subject to section 3, every provincial enactment, whether
enacted before or after the coming into force of this Act, shall be
construed and applied so as not to abrogate, abridge or infringe on,
and so as not to authorize the abrogation or abridgment of or
infringement on, any of the rights or benefits provided for under
this Act unless an Act of the Legislature expressly declares that that
enactment operates notwithstanding the Alberta Personal Property
Bill of Rights.
1998 cA-35.05 s4
Regulations
5 The Lieutenant Governor in Council may make regulations
exempting any matter, provincial enactment or provision of a
provincial enactment from the application of section 2.
1998 cA-35.05 s5
Crown bound
6 This Act binds the Crown.
3
1998 cA-35.05 s6
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