C-25.01 - Code of Civil Procedure

Section 731 Disposition versions

2016-01-01

731. The bailiff gives custody of the seized property to the debtor, who is required to accept it. If the debtor is a legal person, the bailiff gives custody of the property to its officers or to one of its officers.

With the authorization of the court, the bailiff may entrust the seized property to a custodian other than the debtor. Custody of the property cannot be given to an insolvent person or to a person who may be placed in a conflict of interest situation as a result, and the custody costs must be reasonable under the circumstances.

The seizing creditor, the creditor’s attorney, their spouses and persons related to them or connected to them by marriage or civil union up to the fourth degree cannot act as custodian, except if they are already in possession of the property and consent to the seizure.

The custodian of seized property is required to disclose to the bailiff any situation which may result in the loss of the property.

2014, c. 1, a. 731.