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Proceedings Against the Crown Act

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Proceedings Against the Crown Act Province of Alberta PROCEEDINGS AGAINST THE CROWN ACT Revised Statutes of Alberta 2000 Chapter P-25 Current as of December 17, 2014 Office Consolidation © Published by Alberta Queen’s Printer Alberta Queen’s Printer th 7 Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: [email protected] Shop on-line at www.qp.alberta.ca Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. 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. PROCEEDINGS AGAINST THE CROWN ACT Chapter P-25 Table of Contents 1 Definitions 2 Other Acts 3 Other rights 4 Right to sue Crown 5 Liability of Crown in tort 6 Indemnity and contribution rules 7 Compensation for land expropriated by Crown 8 Proceedings against Crown 9 Appeals, etc. 11 Documents and questioning 12 Designation of Crown 13 Service on Crown 14 Trials 15 Interpleader 16 Rights of parties 17 Injunctions 18 Recovery of property 19 Set-off and counterclaim 20 Advance information 21 Crown defence 22 Proceedings in rem 23 Interest 24 Certificates 25 Execution or attachment 26 Petition of right proceedings HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, 1 RSA 2000 Section 2 PROCEEDINGS AGAINST THE CROWN ACT Chapter P-25 (a) “agent” when used in relation to the Crown includes an independent contractor employed by the Crown; (b) “Crown” means Her Majesty the Queen in right of Alberta; (c) “officer”, in relation to the Crown, includes a Minister of the Crown and any servant of the Crown; (d) “order” includes a judgment, decree, rule, award and declaration; (e) “person” does not include the Crown; (f) “proceedings against the Crown” includes a claim by way of set-off or counterclaim raised in proceedings by the Crown and interpleader proceedings to which the Crown is a party. RSA 1980 cP-18 s1 Other Acts 2 This Act is subject to the Workers’ Compensation Act, the Land Titles Act as to claims against the General Revenue Fund, the Alberta Personal Income Tax Act, the Alberta Corporate Tax Act and any other enactments designated by the Lieutenant Governor in Council. RSA 2000 cP-25 s2;RSA 2000 cA-30 s92;2013 c11 s2 Other rights 3 Except as otherwise provided in this Act, nothing in this Act (a) subjects the Crown to greater liability in respect of the acts or omissions of an independent contractor employed by the Crown than that to which the Crown would be subject in respect of those acts or omissions if it were a private person, (b) affects any right of the Crown to intervene in proceedings affecting its rights, property or profits, (c) subjects the Crown to proceedings under this Act in respect of a cause of action that is enforceable against a corporation or other agency owned or controlled by the Crown, or (d) subjects the Crown to proceedings under this Act in respect of any thing done in the due enforcement of the criminal law or the penal provisions of any Act of the Legislature. RSA 1980 cP-18 s3 Right to sue Crown 4 A claim against the Crown that, if this Act had not been passed, might be enforced by petition of right, subject to the grant of a fiat by the Lieutenant Governor, may be enforced as of right by 2 RSA 2000 Section 5 PROCEEDINGS AGAINST THE CROWN ACT Chapter P-25 proceedings against the Crown in accordance with this Act, without the grant of a fiat by the Lieutenant Governor. RSA 1980 cP-18 s4 Liability of Crown in tort 5(1) Except as otherwise provided in this Act and notwithstanding section 14 of the Interpretation Act, the Crown is subject to all those liabilities in tort to which, if it were a person of full age and capacity, it would be subject, (a) in respect of a tort committed by any of its officers or agents, (b) in respect of any breach of those duties that a person owes to that person’s servants or agents by reason of being their employer, (c) in respect of any breach of the duties attaching to the ownership, occupation, possession or control of property, and (d) under any statute or under any regulation or bylaw made or passed under the authority of any statute. (2) No proceedings lie against the Crown under subsection (1)(a) in respect of an act or omission of an officer or agent of the Crown unless the act or omission would, apart from this Act, have given rise to a cause of action in tort against that officer or agent or that officer’s or agent’s personal representative. (3) When a function is conferred or imposed on an officer of the Crown as such, either by a rule of common law or by statute and that officer commits a tort in the course of performing or purporting to perform the function, the liability of the Crown in respect of the tort is such as it would have been if the function had been conferred or imposed solely by virtue of instructions lawfully given by the Crown. (4) An enactment that negates or limits the amount of the liability of an officer of the Crown in respect of any tort committed by that officer, in the case of proceedings against the Crown under this section in respect of a tort committed by that officer, applies in relation to the Crown as it would have applied in relation to that officer if the proceedings against the Crown had been proceedings against that officer. (5) When property vests in the Crown by virtue of a rule of law that operates independently of the acts or the intentions of the Crown, the Crown is not, by virtue of this Act, subject to liability 3 RSA 2000 Section 6 PROCEEDINGS AGAINST THE CROWN ACT Chapter P-25 in tort by reason only of the property being so vested, but this subsection does not affect the liability of the Crown under this Act in respect of any period after the Crown or any person acting for the Crown has in fact taken possession or control of the property or entered into occupation of it. (6) No proceedings lie against the Crown under this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge responsibilities of a judicial nature vested in that person or responsibilities that the person has in connection with the execution of judicial process. RSA 1980 cP-18 s5 Indemnity and contribution rules 6 The law relating to indemnity and contribution is enforceable by and against the Crown in respect of any liability to which it is subject as if the Crown were a person of full age and capacity. RSA 1980 cP-18 s6 Compensation for land expropriated by Crown 7 An owner of land expropriated by the Crown and an owner of land injuriously affected by the exercise of the power of expropriation is entitled to due compensation for any damages necessarily resulting from the exercise of the power of expropriation beyond any advantage that the owner may derive from any purpose for which the land was expropriated or by which the land was injuriously affected. RSA 1980 cP-18 s7 Proceedings against Crown 8 Except as otherwise provided in this Act, all proceedings against the Crown in any court shall be instituted and proceeded with in accordance with the relevant law governing the practice in that court. RSA 1980 cP-18 s8 Appeals, etc. 9 Except as otherwise provided in this Act, all enactments and rules of court relating to appeals and stays of execution or proceedings, with all necessary modifications, apply to proceedings against the Crown. RSA 1980 cP-18 s9 10 Repealed 2013 cS-19.3 s16. Documents and questioning 11 In proceedings against the Crown, the Alberta Rules of Court as to production and inspection of records and questioning apply in 4 RSA 2000 Section 12 PROCEEDINGS AGAINST THE CROWN ACT Chapter P-25 the same manner as if the Crown were a corporation, except that the Crown may refuse to produce a record or to make answer to a question in questioning on the ground that the production of it or the answer would be injurious to the public interest. RSA 2000 cP-25 s11;2009 c53 s141 Designation of Crown 12 In proceedings under this Act, the Crown shall be designated “Her Majesty the Queen in right of Alberta”. RSA 1980 cP-18 s12 Service on Crown 13 A document to be served on the Crown shall be served by leaving a copy with the Minister of Justice and Solicitor General or the Deputy Minister of Justice or any barrister or solicitor employed in the Department of Justice and Solicitor General.
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