This Act limits provincial laws that would let the Crown take permanent title to someone else’s personal property unless compensation is provided, subject to stated exceptions.
ALBERTA PERSONAL PROPERTY BILL OF RIGHTS Chapter A‑31 Table of Contents 1 Definitions 2 Restriction on legislation affecting personal property 3 Exceptions 4 Construction of law 5 Regulations 6 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 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 ; (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. 1998 cA‑35.05 s6