Bill 34 (Legislature 11, Session 4)

L11 S4 6945

Alberta — Bills

Bill No. 34 of 1951. A BILL TO AMEND THE LAND TITLES ACT. NOTE. This Bill amends The Land Titles Act, being

chapter 205 of the Revised Statutes of Alberta, 1942. '

Section 19 is amended to provide that the Land Titles Offices will dose at twelve o'elock noon on Saturdays rather than at one o'elock in the afternoon. Very little business is transa'cted between twelve and one on a Saturday after noon and the keeping of the offices open during that period does not appear to be warranted. Sections 122 and 144 are each amended. The duties of the Official Guardian are now performed by the Public Trustee so these sections are amended to refer to the Public Trustee.

Section 137, subsection (1) is amended. This subsection provides for the lapse of a caveat after notke unless the caveator takes proceedings in court to substantiate his claim and a judge's order has been filed with the Registrar continuing the caveat. The effect of the amendment is to require the filing of a certificate of lis pendens signed by the -clerk of the court rather than the filing of a judge's order. This will simplify the procedure and also save the costs of obtaining a judge's order.

Section 137 is further amended by the addition of a new subsection (la). This new subsection provides that the provisions of subsection (1) do not apply to a 'caveat that is registered to protect a restrictive covenant running with or capable of being annexed to the land. The method of modifying or discharging a restrictive covenant that has been registered is set out in

section 51. The effect of the amendment is that the same procedure will be applicable where the restrictive covenant is registered by way of caveat rather than by registration of the covenant itself. Two new sections are added immediately after

section 188. In court actions from time to time original documents and records from the Land Titles Office have been required to be produced as evidence and these original documents frequently remain in the possession of the courts for con siderable periods. The new

section 188a provides that a photostatic copy or a photographic print of an ori~inal docu ment or record in the possession of the Land TItles Office

ii shall be admissable in evidence for all purposes for which the original instrument or document would have been re ceived. The new

section 188b provides that where the Crown is the owner of a mineral no lessee from the Crown of that min eraI and no other person can register any lease, assignment, caveat or incumbrance affecting that mineral. Assignments of leases of Crown minerals have to be registered in accord ance with the provisions of The Registration of Assign ments of Crown Lands Act if they are to -receive priority under that Act. The majority of Crown minerals are un patented and no titles have been issued in respect of them by the Land Titles Offices.

The filing of assignments, caveats or incumbrances in the Land Titles Office when there is no title against which they can be registered pre sents difficulties and is not effective. A person to whom a Crown mineral lease is assigned may prote.ct his interest by way of caveat. When he later registers his assignment with the Department of Mines and Minerals under The Registration of Assignments of Crown Lands Act the -caveat in the Land Titles Office is not merged and it may remain on the record long after its effect is spent.

Similarly, the holder of a lease of Crown minerals may file a caveat in the Land Titles Office. The subsequent cancellation of that lease by the Department of Mines and Minerals does not remove the caveat from the title in the Land Titles Office. It is confusing and misleading to the public and accordingly registration in the Land Titles Office is prohibited. The effect is that anyone proposing to deal in Crown minerals will have to obtain his information respecting their owner ship and possession from the Department of Mines and Minerals whose records in this connection will be complete.

The Bill comes into force on the day upon which it is assented to. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 34 of 19151.

An Act to amend The Land Titles Act. (Assented to , 1951.) HIS MAJE.ST~, by and with the advi,ce and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. The Land Titles Act, being

chapter 205 of the Re vised Statutes of Alberta, 1942, is hereby amended.

Section 19 is amended by striking out the words "one

Section 19 o'do:ck in the afternoon" and by substituting the words amended "twelve o'clock noon".

Section 122 is amended by striking out the words

Section 122 "Official Guardian" wherever they occur and by substituting amended the words "Public Trustee".

Section 137 is amended,-

Section 137 amended (

a) by striking out the words "judge's order in such proceedings has been filed with the Registrar con tinuing the caveat" , where they occur in subsection (1), and by substituting the words "'certificate of lis pendens in Form 34a in the S,chedule has been filed with the Registrar"; (

b) by adding immediately after subsection (1) the following new subsection: "(la) In the case of a caveat registered to pro tect a restrictive covenant running with or capable of being annexed to land,- "(

a) the provisions of subsection (1) do not apply; and " (

b) the caveat may only be modified or discharged by an order of the court made under

section 51.".

Section 144 is amended by striking out the words

Section 144 "Official Guardian" and by substituting the words "Public amended Trustee". 6. The following new sections are added immediately New sections 188a and after

section 188: 188b

2 Photostatic "188a. A photostatic ,copy of an instrument or a print, ~~tto~~aPhic whether enlarged or not, from a photographic film of an pr.in\fd;- instrument, which photostatic copy or photographic print is ~\~~nc~m attested under the signature of the Registrar who has the Procedure where Crown is owner of mineral New Form 34a Form 34a Coming into force instrument in his possession, shall be admissible in evidence in all cases in which and for all purposes for which the instrument copied or photographed would have been re ceived. "188b. Where the Crown is the owner of a mineral, "(

a) no person shall register, nor shall the Registrar accept for registration, any lease, assignment, caveat or incumbrance affecting that mineral or any interest therein; " (

b) the Registrar may .correct the register by cancelling the registration of a lease, assignment, caveat or incumbrance in so far as it affects a Crown mineral or any interest therein and by making any neces sary memorandum or indorsement on the certific'ate or duplicate certificate of title, if any, and on any other instrument.". 7. The following new Form is added immediately after Form 34: "FORM 34a. "(Section 137). "CERTIFICATE OF LIS PENDENS. "To the Registrar of the ................................

Alberta Land Registration District: "This is to certify that proceedings have been taken in court to enforce a certain caveat filed by ............................... . against ........................................ whkh caveat was filed on the (here describe lands) . .................... day of ...................... 19 ........ as D.E. No ................. . (Clerk of the Court)". 8. This Act shall come into force on the day upon which it is assented to.

No. 34. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 19151 BILL

An Act to amend The Land Titles A·ct. Received and read the First time ......................................... . Second time ..................................... . '".Dhird time ................. . HON. MR. MAYNARD. Title: 1951 (11th, 4th) Bill 34,

An Act to amend The Land Titles Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6945
Type	bill
Volume / chapter	L11 S4 6945
Language	en
Format	json
Source	PROVINCIAL
Identifier	07b70e9d9f36d1de4bfaddab852f3db57e103996

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