Sheriff to record receipt of money
4 (1) On receipt of money under an execution, by garnishment or in respect of a debt that has been attached or sold under section 15 of the Absconding Debtors Act, the sheriff shall promptly record the amount received with respect to the debtor and the date of receipt.  2010, c. 16, Sched. 4, s. 4 (1). Right of creditors to share (2) Subject to subsections (4) and (5) and any claims having priority under section 2, the money received shall be shared proportionately among, (a)  all execution creditors whose executions were filed with the sheriff at the time the sheriff received the money or who filed an execution with the sheriff within a one-month period after the date the sheriff received the money; and (b)  the garnishment creditor, if any of the money was received by reason of garnishment proceedings, but the garnishment creditor may share only to the extent of the amount received by reason of the garnishment proceedings unless the garnishment creditor is also an execution creditor referred to in clause (a).  2010, c. 16, Sched. 4, s. 4 (2). If sheriff receives additional money under same execution (3) The following rules apply if the sheriff receives additional money from the debtor’s property or receives additional money in respect of a debt of the debtor that has been attached or sold under the same execution from which money was originally received and recorded under subsection (1): 1.  If the money is received within the one-month period described in subsection (2), the sheriff shall promptly record the amount and the date the money is received and shall link that information to the record of the money originally received. 2.  The additional money referred to in paragraph 1 shall be distributed under subsection (2) with the money originally received. 3.  If the additional amount is received after the end of the one-month period described in subsection (2), the receipt of the additional money is considered to be unrelated to the original receipt of money and is dealt with under subsections (1) and (2) as if it were a new and unrelated receipt of money.  2010, c. 16, Sched. 4, s. 4 (3). When two-month period applies (4) If money referred to in subsection (1) is the proceeds of the property of an absconding debtor against whom an order of attachment was issued under the Absconding Debtors Act, every reference to “one-month period” in clause (2) (a) and subsection (3) is to be read as a reference to “two-month period”.  2010, c. 16, Sched. 4, s. 4 (4). Limit on amount to be distributed (5) The amount to be distributed to creditors described in clauses (2) (a) and (b) is subject to the following: 1.  The retention of any amount under section 11 by reason of an objection to the proposed scheme of distribution under that section. 2.  The payment of the costs of the creditor under whose execution an amount for distribution was received. 3.  The payment to a creditor of the costs of garnishment proceedings if an amount for distribution was received through garnishment proceedings.  2010, c. 16, Sched. 4, s. 4 (5). Right to share in subsequent distribution (6) A creditor who has shared in a previous distribution is entitled to share in a subsequent distribution, but only to the extent of the amount remaining due to that creditor after crediting the creditor with amounts previously received.  2010, c. 16, Sched. 4, s. 4 (6). Equality of all executions (7) In distributing money under this section, creditors who have executions against personal property only, against real property only or against personal property and real property, are entitled to share rateably with all other execution creditors any money realized under any execution or attaching order.  2010, c. 16, Sched. 4, s. 4 (7). Execution deemed not to expire (8) An execution which was in force at the time the money was received by the sheriff but which would otherwise expire before the end of the one-month or two-month period, as applicable, is deemed to continue in full force and effect, with respect to the money to which that one-month or two-month period applies, until the end of that one-month or two-month period.  2010, c. 16, Sched. 4, s. 4 (8). Public inspection (9) Where technology permits, the sheriff shall make available to the public without charge the information recorded under subsection (1) and paragraph 1 of subsection (3).  2010, c. 16, Sched. 4, s. 4 (9).