Power of entry
81 Power of entry
Under a property (seizure and sale) order the sheriff, using any force and assistance that is reasonably necessary in the circumstances, may enter any real property in which the judgment debtor has a saleable interest for the purposes of performing the sheriff’s functions under the order and this Act in relation to the interest.
Without limiting subsection (1), the sheriff may —
enter the real property with any prospective purchaser of the judgment debtor’s saleable interest;
conduct any sale of the interest on the property;
exercise the powers in section 100 in respect of any personal property situated on the real property.
The powers in subsections (1) and (2) —
may be exercised at any time of the day or night in respect of a place that is not a dwelling; and
must not be exercised in respect of a dwelling without the consent of the occupier of the dwelling or, if there is no occupier, the owner.
Despite subsection (3)(b), if —
the consent referred to in subsection (3)(b) is unreasonably withheld; or
the sheriff, after reasonable attempts to do so, cannot contact the occupier or owner of the dwelling,
the sheriff may exercise the powers in subsections (1) and (2) without that consent, at any time between 9 a.m. and 5 p.m.
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