Bill 100 — First Session, 16Th Legislature, 17 Elizabtttrff- the Leoislative Assembly of Alberta Bill 100 An Act To Amend The· Motor Vehicle Accident Claims Act (Legislature 16, Session 1)

L16 S1 4551

Alberta — Bills

1968 Bill 100 First Session, 16th Legislature, 17 Elizabtttrff- THE LEOISLATIVE ASSEMBLY OF ALBERTA BILL 100

An Act to amend The· Motor Vehicle Accident Claims Act THE MINISTER OF HIGHWAYS First Reading ............................................................. . Second Reading ......................................................... . Third Reading ........................................................... . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 100 1968

An Act to amend The Motor Vehicle Accident Claims Act (Assented to , 1968) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Motor Vehicle Accident Claims Act is hereby amended.

Section 2, clause (f), subclause (

i) is amended by adding after the word "buses," the words "power tobog gans".

Section 8, subsection (4) is amended by adding after the words "file a defence," the words "examine for discovery," . 4. The following

section is added after

section 9: 9a. No court shall make an order authorizing the ser vice of any document upon the Administrator in substitu tion for service upon a defendant.

Section 11 is amended by adding the following sub

section after subsection (1): (la) No action may be brought against the Administrat or pursuant to subsection (1) unless a notice in writing is served upon the Administrator within 90 days after the cause of action arose or within such longer period as the court may allow.

Section 12 is amended by adding after the words "or death" wherever they occur the words "or property dam age". 7. The following sections are added after

section 14b: 140. Notwithstanding anything in this Act, no payment shall be made out of the Fund for damage (

a) to an aircraft, or (

b) to any pipe, pole, line or equipment forming part of the distribution system of a public utility, or

Explanatory Notes 1. This Bill will amend

chapter 56 of the Statutes of Alberta. 1964.

Section 2 (f) (

i) presently reads: (f) "motor vehicle" means every vehicle propelled bY any power other than muscular power (1) except aircraft, tractors, whether equipped with rubber tires or not, traction engines, implements of husbandry, trolley buses, and vehicles that run only upon rails, and 3.

Section 8 (4) presently reads:

(4) After making the investigation the administrator in his discretion may, on behalf 'of and in the name of the defendant, file a defence, make payment into court, appear by counsel for trial, consent to judgment in whatever amount he considers proper in all the circum stances or take any other action that the defendant could have taken under the Consolidated Rules of the Supreme Court .or any other action he considers appropriate. 4. Substitutional service on Administrator is prohibited. 5.

Section 11 (1) reads: 11.

(1) Where bodily injury to or the death of a person or damage to property arises out of the use or operaUon within Alberta of a motor vehicle, and (

a) the name of neither the owner nor the operator of the motor vehicle is known or ascertainable, or (

b) the name of the operator is not known .or ascertainable and the owner may not ,be liable to an action for damages for injury or death or property damage, any person who has a cause of action against the unknown owner or operator in respect of that bodily injury or death or property damage may bring an action against the Administrator as nominal defendant, either alone or as a codefendant with others alleged to be responsible for the injury or death or property damage. 6.

Section 12 (1) reads: 12.

(1) Where judgment has been obtained under

section 11 against the Administrator as nominal defendant, the Administrator may at any time thereafter, by originating notice, apply to a judge of the court where judgment was obtained for an order declaring that any person was at the time of the accident the owner or operator of the motor vehicle that caused the bodily injury or death in respect of which the judgment was obtained. 7. Self-explanatory.

(

c) to a railway train or to a railway track or any barrier or operating equipment along the track. 14d. Notwithstanding anything in this Act, no payment shall be made out of the Fund in respect of bodily inj ury to or the death of any person for which any compensation or award has been or is likely to be paid to a person by the Workmen's Compensation Board of any province or ter ritory of Canada. 8. The following

section is added after

section 19: 19a. Subject to the approval of the Lieutenant Governor in Council, the Administrator may, in settlement with a person liable to pay money to the Fund, accept a cash sum of less than the amount due to the Fund. 9. This Act comes into force on the day upon which it is assented to. 2

8. Lump sum settlements authorized. 2 Title: 1968 (16th, 1st) Bill 100,

An Act to amend The Motor Vehicle Accident Claims Act

Document details

Collection	Alberta — Bills
Citation	L16 S1 4551
Type	bill
Volume / chapter	L16 S1 4551
Language	en
Format	json
Source	PROVINCIAL
Identifier	011e76ea29f3ab119a4b87f8948a3383cf8ffbe8

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