1.00.10 Court Certificates

Policy

ATTENTION:
Please refer to COVID-19 Emergency Interim Policies which provides details for temporary exceptions to this policy.

Court Certificates are printed reports specially designed for use in a court of law. They may contain demographic, operator or vehicle information (as requested by the client) for a specific date or period of time.

There are four types of Court Certificates:

  • Operator
  • Client Demographic
  • Operator & Client Demographic
  • Vehicle Registration

Requirements

A Court Certificate may be released to:

Clients Requesting Their Own Personal Information

Clients requesting a court certificate that contains their own personal information must present documentation indicating court proceedings.

A walk-in client must provide a completed Request for Personal Driving and Motor Vehicle Information form (REG3394). For specific client requirements, see 1.00.02 Clients Requesting Their Own Personal Information.

Out of province clients requesting their personal information must provide a completed Notarized Request for Personal Driving and Motor Vehicle Information form (REG 3392) (pdf). For specific client requirements, see 1.00.03 Out of Province Clients Requesting Their Own Personal Information.

When completing the required form, a client must:

  • State what information is being requested.
  • Indicate the purpose for the request.
  • Provide relevant identifiers based on the information being requested.
    • If the type of search report and information requested is in regards to a specific plate or vehicle, the client must provide the relevant plate number or VIN.

Note:
When a client is requesting their own information, but the search report would also include the information of a joint member(s), the client requesting the information must have the written consent of all joint members. For consent requirements see; 1.00.02 Clients Requesting Their Own Personal Information.

AMVIR Agreement Holders

AMVIR Agreement Holders must provide:

  • A search request letter.
  • Present documentation indicating court proceedings.
  • Supporting documents related to the section of the Access to Motor Vehicle Information Regulation that the client is requesting under. Agents must ensure the information contained in the supporting document(s) is related to the information being requested. Requests made under these sections must be accompanied by the following:
    • 2(1)(a): a collision report.
      • The collision report must document the collision referred in the request letter;
      • The information on the collision report must not be tampered with;
      • The name of the individual named in the request letter must appear on the collision report.
    • 2(1)(m): a court claim or completed Statutory Declaration.
      • The statement of claim must be filed in a court having jurisdiction in Alberta is required.
      • The statutory declaration must be prepared prior to the date on the request letter.
    • 2(1)(d): a court order; see 1.00.04 Clients Presenting Court Orders.
    • 2(1)(p): the written consent of the person the information relates to.
      • Consent must be in writing, be dated and limited in time, be signed by the individual providing consent, specify who the information may be released to, specify what information may be released, and state what purpose(s) the information may be used.

Request letters must:

  • Be printed on company letterhead.
  • Be requesting a search product within their level of authority under their AMVIR agreement.
  • Note the client’s AMVIR file number.
  • Note the client’s fax number if they are requesting the search product be faxed to them once completed.
  • Note what section of the Access to Motor Vehicle Information Regulation that they are requesting under.
    • State the reason for the section requested.
  • Have two independent identifiers for the person being searched that are relevant to the information that is being requested. Acceptable combinations of identifiers include:
    • Birthdate and driver’s licence number.
    • Full name and:
      • Last known address.
      • Address (as of a specific date).
      • Birthdate.
      • Driver’s licence number.
      • Plate number (as of a specific date).
      • VIN (as of a specific date). 
  • Indicate the name of the authorized individual who will receive the information on behalf of the AMVIR Agreement Holder.
  • Be dated and signed by the person making the request.

Procedure

Court Certificates are processed by the Data Access and Contract Management Unit (DACMU). Depending on the type of Court Certificate requested, clients must provide the required search document(s) first:

  • Operator Court Certificate: Operator Information Search Report
  • Client Demographic Court Certificate: Demographic Search Report
  • Operator & Client Demographic Court Certificate: Operator Information Search Report & Demographic Search Report.
  • Vehicle Court Certificate: Vehicle Registration Search Report or Pre-Court Search Report.

A registry agent must:

  • Process the applicable search report, if the client does not already have it.
  • Process the request for a Court Certificate on MOVES under Miscellaneous Documents.
  • Print a MOVES TX receipt for the Court Certificate.
  • Complete a Search Processing Request (pdf) form.
  • Fax all documents, including TX receipts, to the Data Access and Contract Management Unit (DACMU).
    • A minimum of 10 to 14 business days is required to for processing, although this may be extended if a legal opinion is required.

Clients with Power of Attorney or Estate Documents

Search requests must be approved by DACMU when a client is requesting a search product on behalf of another individual and presents:

  • Power of Attorney documents.
  • Documents naming them as the Executor / Executrix of the estate when the requested information involves a deceased individual.

A registry agent must:

  • Advise the client the request must be reviewed by DACMU before the search can be processed.
  • Make copies of the Power of Attorney / Estate documents, and return the originals to the client.
  • Do an initial check on MOVES using the search identifiers provided by the client, to ensure they exist on MOVES before sending the request to DACMU for processing. This must be done using the display menus in MOVES.
    • If the information does not exist, a Not Found Report must be processed and provided to the client.
  • Process the search fee on MOVES under Miscellaneous Documents.
  • Print a MOVES TX receipt for the request.
  • Complete the Search Processing Request form (pdf).
  • Fax all documents, including the TX receipt and applicable supporting document(s), to Data Access and Contract Management (DACMU).

DACMU will contact the registry agent to advise that either the search will be completed by DACMU, or inform that the request has been denied.

Quick Reference & User Guide

For client types, requirements and audit retention; see QR 1.7 - Court Certificates.

Fees

For search fees, see Registry Agent Product Catalogue (pdf).


Date Originally Issued: Jul 25, 2013
Date Last Revised: Dec 17, 2020