Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p88
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 88/100)
Character Range: 329870–332528

the total amount owing under the Enforcement Warrant; or
 (b) sale; or
 (c) order; or
 (d) consent of the payee.
 (2) If the payer pays the payee the total amount owed under the Enforcement Warrant:
 (a) the payee must immediately give the enforcement officer written notice of the payment; and
 (b) the enforcement officer must release any seized property to the payer.
 (3) In this rule:
total amount owed includes the enforcement officer's fees and expenses incurred in enforcing the Warrant.

11.21  Notice of sale
 (1) Before selling property seized under an Enforcement Warrant, an enforcement officer must publish a notice of the sale, at least once before the sale, in a newspaper circulating in the town or district in which the sale is to take place. The notice must state:
 (a) the time and place of the sale; and
 (b) the details of the property to be sold.
 (2) Subrule (1) does not apply if the property seized is perishable.
 (3) For a sale of real property, the notice of sale must include the following details:
 (a) a concise description of the real property, including its location, that would enable an interested person to identify it;
 (b) a general statement about any improvements of the real property;
 (c) a statement of the payer's last known address;
 (d) a statement of the payer's interest, and any entries in the land titles register, that affect or may affect the real property as at the date of the notice;
 (e) a statement about where a copy of the contract for sale of the property can be obtained.
 (4) A copy of the notice must be served on the payer at least 14 days before the intended date of sale.

11.22  Sale of property at reasonable price
 (1) An enforcement officer must, in good faith and with reasonable care having regard to all circumstances relevant to the sale of property seized under an Enforcement Warrant, fix a reasonable price for the property.
 (2) For the purposes of subrule (1), circumstances relevant to the sale price of real property seized under an Enforcement Warrant include:
 (a) the current value of the property, as provided to the enforcement officer under subparagraph 11.25(1)(b)(vi); and
 (b) the amount of the highest bid received for the property at any auction of the property.
Note: The enforcement officer or payee may apply, after giving notice to the payer, for an order entitling the enforcement officer to sell the property for the best price obtainable (see rule 11.26).

11.23  Conditions of sale of property
 (1) This rule applies in relation to the sale by an enforcement officer of property seized under an Enforcement Warrant.
 (2) The enforcement officer must specify