Policy

A Civil Enforcement Agency (CEA) is a business registered in Alberta that is licensed and regulated by the Sheriff, Civil Enforcement. CEA's enforce the decisions of a Court having jurisdiction in Alberta, or provide services authorized under the Civil Enforcement Act to individuals and organizations retaining their services. A CEA may apply for demographic and vehicle registration search products relating to a specific enforcement debtor or to a specific vehicle.

A CEA may request information under AMVIR sections:

• 2(1)(p) With the written consent of the person the information relates to.
• 2(1)(c) as contemplated by s. 8.1(1) in the Civil Enforcement Regulation:
  • Requests supported by a Court Judgement issued by a Court having jurisdiction in Alberta.
    or
  • Seizure Search requests under the Civil Enforcement Regulation.
• 2(1)(d) A Court Order requiring the Registrar of Motor Vehicles to release specific information.

This policy specifically addresses requests under section 2(1)(c). For requests from CEA’s under sections 2(1)(p) and 2(1)(d) of AMVIR, see 1.00.05 AMVIR Account Holders.

For seizure requests, one of two Civil Enforcement forms must be used:

1. 15.1 CEA Motor Vehicle Information Statement – Motor Vehicle Seizure; see example.
2. 15.2 CEA Motor Vehicle Information Statement – Enforcement Debtor; see example.

Note:
It is not the responsibility of the registry agent to provide the CEA with the above noted forms.

When a CEA attempts to seize a specific vehicle (Vehicle Seizure), which has been put up as collateral for a loan, they are eligible for demographic information (as listed in form 15.1 (Step 1)) related to that specific vehicle only.

When a CEA attempts to seize a number of assets (Property Seizure) from a specific enforcement debtor, none of which have been specifically put up as collateral for a loan, they are only eligible for demographic and vehicle registration search reports as listed in form 15.2 relating to that specific enforcement debtor.

An Assumed Registered Owner (ARO) is the person named in the instructing letter from the CEA’s client. A CEA is instructed to seize the vehicle from the ARO.

Requirements

A Civil Enforcement Agency must have an AMVIR Agreement, and may submit their search requests to the registry agent by fax if a billing account has been established with that particular registry agent office; see 1.00.05 AMVIR Agreement Holders; see 1.00.07 Billing Accounts.

Vehicle & Property Seizure

Section 2(1)(c) of AMVIR; Seizures authorized under the Civil Enforcement Act with respect to payment of a debt. These types of requests are processed by registry agents.

Vehicle Seizure: for the purpose of seizing a specific vehicle from the ARO.

The CEA must provide:

• A search request letter; see 1.00.05 AMVIR Agreement Holders.
• A copy of the instructing letter from the CEA’s client requesting seizure.
• The CEA Motor Vehicle Information Statement – Motor Vehicle Seizure form (Form 15.1 – Step 1) prepared under the Civil Enforcement Regulation.

Note:
Registry agents must not process a search request where the CEA has provided form 15.1 and is requesting information under Step 2 of the form. These requests must be processed directly by the Sheriff’s Office.

Property Seizure: for the purpose of seizure of personal property from the Enforcement Debtor.

The CEA must provide:

• A search request letter; see 1.00.05 AMVIR Agreement Holders.
• A copy of the instructing letter from the CEA’s client requesting seizure.
• The CEA Motor Vehicle Information Statement – Enforcement Debtor form (Form 15.2) prepared under the Civil Enforcement Regulation.

Court Judgement

Search requests from CEA’s supported by a Court Judgement must be processed by the Data Access and Contract Management Unit (DACMU).

A Civil Enforcement Agency must provide:

• A search request letter; see 1.00.05 AMVIR Agreement Holders.
• A copy of the Court Judgement issued by a court having jurisdiction in Alberta.
• A copy of the instructing letter from the CEA’s client.

Procedure

Any search report requested by a CEA must be printed as of current date only. CEA’s are not eligible to receive Historical Searches unless they provide a specific written consent (section 2(1)(p) of AMVIR) or a specific Court Order (section 2(1)(d) of AMVIR) supporting the request; see 1.00.05 AMVIR Agreement Holders.

CEA Searches Completed by Registry Agents

Vehicle & Property Seizure:

A registry agent must:

• Review the request letter to ensure all requirements are met.
• Ensure the CEA has presented a completed 15.1 CEA Motor Vehicle Information Statement – Motor Vehicle Seizure (Step 1) or 15.2 CEA Motor Vehicle Information Statement – Enforcement Debtor form (whichever is applicable).
• Process the relevant search report in MOVES.
  • A registry agent must verify that the ARO named in the instructing letter is the Current Registered Owner of the vehicle in MOVES.  If the vehicle is registered to the ARO, or the vehicle is registered to a joint file and the ARO is the contact person for the joint file, the relevant motor vehicle information product(s) requested by the CEA may be released.
    • When the vehicle is not registered to the ARO or the vehicle is registered to a joint file and the ARO is not the contact person for that joint file, the registry agent is required to release the relevant Not Found Reports for the motor vehicle information products requested by the CEA. 
• Print the MOVES TX receipt.

A Not Found Report must be issued if any of the following occur:

• The VIN is wrong
• The vehicle has never been registered in Alberta
• The debtor does not exist on MOVES
• The ARO is not the Current Registered Owner on MOVES
• The vehicle is registered to a joint and the ARO is not the contact person for the joint
• The search criteria provided are incorrect or conflict with the information on MOVES

If the CEA received a Not Found Report, there is no exception process for further requests through a registry agent. The CEA’s must refer to the Sheriff’s Office for more information.

CEA Searches Completed by DACMU

Court Judgement:

A registry agent must:

• Ensure the information contained in the Court Judgement and instructing letter supports the request being made.
• Do an initial check on MOVES using the search identifiers provided in the request letter to ensure they exist on MOVES before sending the request to DACMU for processing. This must be done using the display menu’s in MOVES.
  • If the information does not exist, a Not Found Report for each motor vehicle information product ordered must be processed and released to the client.
• Complete the Search Processing Request form (pdf).
• Process the request on MOVES under Miscellaneous Documents.
• Print a MOVES TX receipt for the request.
• Fax all documents, including TX receipts and applicable supporting documents, to DACMU.
• Release the confirmation letter directly to the requestor once received from DACMU.

Searches processed by DACMU require a minimum of 10 to 14 business days to process, although this may be extended if a legal opinion is required. DACMU will complete a Confirmation Letter confirming the information the CEA requested and will forward the Confirmation Letter to the registry agent.

If the search request is missing information, the request will be returned to the registry agent. The registry agent must supply the missing information within 30 days or the file will be closed with no refund.

Audit

For audit requirements, see 1.00.01 Access to Motor Vehicle Information Regulation (AMVIR) Search Clients and Products.

Quick Reference

For client types, requirements and audit retention; see QR 1.3 Search Products (pdf)

Fees

A fee is required for each search report, confirmation letter, and / or not found report processed.

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

Date Originally Issued: Sep 14, 2020
Date Last Revised: Mar 04, 2021