Bill 24 (Legislature 18, Session 2)

L18 S2 5596

Alberta — Bills

1976 Bill 24 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 24 THE ATTO'RNEY GENERAL STATUTE'S AMENDMENT ACT, 1976 THE ATTORNEY GENERAL First Reading . .. . ......................... . Second Reading ............................ . Third· Reading ............................. . Printed by the Queen's Printer tor the Province of Alberta, EDMONTON

Bill 24 BILL 24 1976 THE ATTORNEY GENERAL STATUTE'S AMENDMENT ACT, 1976 (Assented to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Ass'embly of Alberta, enacts as follows: The Alberta Evidence Act 1.

(1) The Alberta Evidence Act is amended by this section.

(2) The following heading and

section are added after

section 27: Admissibility of Previous Court Proceedings 27.1

(1) In this section, (a) "conviction" means a conviction (

i) which is not subject to appeal or further ap peal, or (ii) in respect of which no appeal has been taken, and (b) "offence" means an offence under any law in force in Canada or any part of Canada.

(2) Where (

a) a person has been convicted of an offence anywhere in Canada, and (

b) the commission of that off.ence is relevant to any issue in a civil proceeding, then, whether or not that person is a party to th~ civil proceeding, proof of the conviction is admissible in eVIdence for the purpose of proving that the person committed the offence.

(3) Where a conviction is admitted in evidence under this section, the contents of the information, complaint or indictment relating to the offence for which the person was convicted is admissible in evidenc'e.

Explanatory Notes The Alberta Evidence Act I.

(1) This

section will amend

chapter 127 of the Revised tatutes of Alberta 1970.

(2) This amendment will permit convictions to be introduced evidence in civil proceedings and is based on Report No. 16 the Institute of Law Research and Reform.

(4) Subject to subsection (5), the weight to be given the conviction shall be determined by the judge or jury, as the cas'e may be.

(5) Where proof of the conviction of a person is tendered in evidence pursuant to subsection (2) in an action for defamation, the conviction of that person is conclusive evidence that he committed the offence. The Expropriation Act 2.

(1) The Expropriation Act is amended by this section,

(2) Section 13 is amended by striking out subsection (5), (3) The following

section is added after

section 13: 13.1 Where the Lieutenant Governor in Council is satis· fied that a refusal by an approving authority to grant a certificate of approval for a proposed expropriation is contrary to the public interest, he may by order direct the approving authority to issue a certificate of approval in such terms as he considers necessary and appropriate.

(4) Section 24, subsection (2) is amended by striking out the words "one other member as vice-chairman" and by substituting the.refor the word.~ "may appoint one or more of the other members as vice-chairmen".

(5) Section 34, subsection (2) is amended by striking out the words "offering the proposed payment," and by substituting therefor the. words "receipt by the owner of the written notification given by the expropriating author· ity under

section 29, subsection (2),".

(6) Section 62 is struck out and the following

section is substituted therefor: 62.

(1) Within 30 days after the certificate of approval has been registered the expropriating authority shall, sub· ject to any agreement to the contrary, serve on the person in poss'ession a notice that it requires the land on the date specified therein.

(2) The date specified in the notice shall be (

a) seven days from the date of service of the notice where the land expropriated is for a right of way, and (

b) in all other cases at least 90 days from the date of service of the notice. 2

The Expropriation Act 2.

(1) This

section will amend

chapter 27 of the Statutes of Alberta, 1974.

(2) This subsection is re-ena'Cted as

section 13.1 by subsection (3) of this section.

(3) This

section was formerly

section 13, subsection (5) of the Act.

(4) This amendment will permit the appointment of more than one vice-chairman.

(5) Section 34, subsection (2) presently reads:

(2) Where no proceedings have been commenced by either party within one year of the date of offering the proposed payment, the amount of the pro posed payment shall be conclusively deemed to be the full compensation to which the owner is entitled.

(6) Section 62 presently reads as follows: 62.

(1) In this section, "occupied land" means a parcel of land (

a) on which the dwelling house or buildings associated therewith occupied by the occupant of the parcel is situated, and (

b) that consists of (0 not more than four adjoining lots in one block in a city, town, new town, village or hamlet as sh"own on a plan duly registered in the proper land titles office, or (ii) not more than one-quarter

section of land other than land in a city, town, new town or village.

(2) After the certificate of approval has been registered, the expropriating authority may, subject to any agreement. to the contrary, ser:ve on the I?erson in possession a notice that it requires the land on the date specified thereIn.

(3) The date specified in the notice shall be (

a) seven days from the date of registration of the certificate of approval where the land expropriated is other than occupied land or is for right of way, and (

b) in aU other cases, at least 90 days from the date of registration of the certificate of approval. 2

(3) Any time after service of the notice, either party may apply to the court by originating notice on three days' notice for an adjustment of the date for possession specified in the notice referred to in subsection (1) and the court may order an adjustment in the date.

(4) Notwithstanding anything in this section, the ex propriating authority shall not, except by leave of the court be entitled to take possession ' (

a) in the case of land expropriated for a right of way until the proposed paym'ent has been tendered, and (

b) in all other cases, until the expiry of 30 days after the proposed payment has been tendered.

(7) Schedule 2 is amended by adding after clause 4 the following clause: 5. If you do not commence proceedings within one year of the date of receipt by you of the written notification of the proposed payment given by the expropriating authority, the amount of the proposed payment shall be 'conclusively deemed to be the full compensation to which you are entitled. The Garagemen's Lien Act 3.

(1) The Garagemen's Lien Act is amended by this section.

(2) Section 2 is amended (

a) by renumbering clause (

a) as clause (a.1) and by adding immediately prior thereto the following clause: (a) "farm vehicle" means a farm machine or other machine or equipment (

i) that is identifiable by a manufacturer's serial number cut, embossed or otherwise permanently marked or attached thereon, (ii) that is used, or intended for use, in any type of farming operations, and (iii) that is not a motor vehicle; (

b) as to clause (b), subclause (iii) by striking out the words "tracks or".

(3) The words "or farm vehicle" are added ajte,r the "!lords "1I!0~or vehicle" wherever they appear in the followtng provt8wns:

section 3, subsections (1), (2) and (3);

section 4, subsection (3); s,ection 5; s'ection 6, subsections (1) and (2); 3

(4) After service of the notice either party may apply to the court by origi nating notice of motion on three days' notice for an adjustment of the date for possession specified in the notice, and the court may order an adjustment in the date.

(5) Notwithstanding anything in this section, the expropriating authority shall not be entitled to take possession (

a) in the case of occupied land, other than occupied land expropriated for a right of way, until the expiry of 30 days after the proposed payment has been made, or (

b) in all other cases, until after the proposed payment has been made, except by leave of the court.

(7) Schedule 2 sets out the form of Notice of Expropriation under

section 29 of the Act. The Gal"agemen's Lien Act 3. 0) This

section will amend

chapter 155 of the Revised Statutes of Alberta 1970. (2) (

a) The addition of a definition of "farm vehicle" is con sequential to the other amendments made by this sec tion of the Bill. (

b) Section 2(

b) presently reads: (b) "motor vehicle" (

i) means a vehicle propelled by any power other than muscular power, and (ii) includes an aeroplane, but (iii) does not include a motor vehicle that runs only on tracks or rails; This amendment will make it clear that tracked vehicles come within the scope of the Act.

(3) This amendment will permit the use of garagemen's liens in respect of farm vehicles as defined in the preceding subsection. 3

section 7, subsection (2), clauses (

a) and (b);

section 8;

section 9, subsection (1). ( 4-)

Section 3 is amended (

a) by adding after the word "accessories" wherever it appears in the setCtion the words "or parts", (

b) as to subsection (1) by adding after the words "repair or maintenance of a motor vehicle" where ever they appear in the

section th~ words "or any part thereof", (

c) as to subsection (2) by striking out the word "gas" and by substituting the word "fuel", and (

d) as to subsection (3) by striking out the words "before surrendering poss'ession of the motor vehicle he" and by substituting therefor the words "he retains possession of the ,motor vehicle or farm vehicle or".

(5) SetCtion 4- is amended (

a) by striking out subsection (1) and by substituting therefor the following subsection: 4.

(1) A lien referred to in

section 3 terminates on the 14th day after the day (

a) on which possession of the motor vehicle or farm vehicle is surrendered to the owner there of or his agent, or (

b) on which repairs were completed to the motor vehicle or farm vehicle or any part of the motor vehicle or farm vehicle if the vehicle was not at the time of repair in the possession of the garageman, or (

c) on which the accessories or parts for the motor vehicle or farm vehicle were furnished, as the case may be, unless on or before th~ 14th day the garageman files or causes to be f;led a claim of lien, in Form A in the Schedule, .m the office of the registration clerk together WIth a? affidavit made by the garageman or his agen~ veri fying the claim, which shall be in Form B m the Schedule. and (

b) by adding after subsection (2) the following sub section: .(2.1 ) Notwithstanding any other pro~isi?n 0; t~lS A~t,. a claim of lien not registered wIt~m th d bme lImIted by subsection (1) may be registere 4

,

(4) This amendment will permit a lien for the supply of parts. ~~ction 3 (2) and (3) presently reads: .

(2) No garageman is entitled to a lien under this Act for the price of gas oil or grease furnished for a motor vehicle. '

(3) No garageman is entitled to a lien under this Act unless before surrendering possession of the motor vehicle he obtains from (

a) the person who authorized the storage, repair, or maintenance, or his duly authorized 'agent, or (

b) the person who ordered that accessories be furnished for the motor vehicle, or his duly authorized agent, an acknowledgement of indebtedness by requiring that person or his agent to sign an invoice or other statement of account.

(5) This amendment will reduce the time for filing the lien to : 1 days but will permit late filing subject to intervening rights. There repairs are made and the owner does not pick up the :!hicle, the time for filing will not commence until he takes pssession so that he cannot thereby defeat the lien. 4

at a later date and such registration has the sa effect as a registration within the time limit exc~t that it does not affect rights which have accru~d prior to 1fue late registration.

(6) Section 5, clause (

a) is amended (

a) by adding the word "and" at the e,nd of 8ubcla~e (i), and (

b) by striking out the word "and" at the end of sub. clause (ii) and striking out subclause (iii).

(7) Form A is amended (

a) by striking out the words "and accessories" arui by substituting the words "accessories and parts", and (

b) by adding after the words "furnishing of acces· sori'es" the words "or parts".

(8) Form C is amended (

a) by striking out the word "motor" wherever it occurs, and (

b) by adding after the word "accessories" the word3 "or parts". The Pension Benefits Act 4. The Pension Benefits Act is amended by striking out

section 13. 5

(6) Section 5 presently reads: 5. Every lien upon a motor vehicle under this Act shall be postponed to an interest in, or charge, lien or encumbrance on the motor vehicle, (

a) that is created or arises (

i) in good faith, (ii) without express notice of the first mentioned lien, and (iii) at a time during which the motor vehicle is out of the possession of the person entitled to the lien under this Act, and (

b) i~at1:alc~~eated or arose before the filing of the claim of lien pursuant

(7) Form A is the "Claim of Lien" and is amended as a con ~uence of the amendment to

section 3.

(8) Form C is the form of warrant fo the Sheriff. The word ,aotor" is removed in the reference to "motor vehicle" with the 'sult that the word "vehicle" alone will allow the form to be ,ed for both motor vehicles and farm vehicles. The addition of I,r parts" is a consequence of the amendment to

section 3. The Pension Benefits Act 114. This

section will amend

chapter 272 of the Revised Statutes Alberta

Section 13 is struck out as it is redundant to the 'oposed

section 44 of The Trustee Act.

Section 13 presently reads: 13.

(1) In this section, (a) "employee" means an employee or former employee who is a member of a pension plan, and (b) "employer" includes the trustee or insurer under a pension plan.

(2) Where in accordance with the terms of a pension plan an employee has designated a person or persons to receive a benefit payable under the plan in the event of the employee's death, (

a) the employer's liability to provide the benefit is discharged upon payment to the person or persons of the amount of the benefit, and (

b) the person or persons may upon the death of the employee enforce pay ment of the benefit, but the employer is entitled to set up any defence that he could have set up against the employee or his personal repre sentatives.

(3) An employee may from time to time alter or revoke a designation made under a pension plan, but any such alteration or revocation may be made only in the manner set forth in the plan.

(4) This

section does not apply to a designation of a beneficiary to which The Alberta Insurance Act applies. 5

The Trustee Act 5.

(1) The. Trustee Act is amended by this section.

(2) Section 44 is struck out and the following is sub. stituted: 44.

(1) In this section, (a) "participant" means a person who is entitled to designate another person to receive a benefit pay. able under a plan on the participant's death; (b) "plan" means (

i) a pension, retirement, welfare or profit. sharing fund, trust, scheme, contract or ar. rangement for the benefit of employees, former employees, agents or former agents of an em ployer or their dep·endants or beneficiaries, or (ii) a fund, trust, scheme, contract or arrangement for the payment of an annuity for life or for a fixed or variable term, created before or after the commencement of this section; (c) "will" has the same meaning as in The Wills Act.

(2) A participant may designate a person to receive a benefit payable under a plan on the participant's death (

a) by an instrument signed by him or signed on his behalf by another person in his presence and by his direction, or (

b) by will, and may revoke the designation by either of those methods.

(3) A designation in a will is effective only if it refers to the plan either generally or specifically.

(4) A revocation in a will of a designation made by an instrument is effective to revoke the designation made by the instrument only if the revocation refers to the plan either generally or specifically.

(5) Notwithstanding The Wills Act, a later designation revokes an earlier designation, to the extent of any incon sistency.

(6) Revocation of a will is effective to revoke a designa tion in the will.

(7) A designation or revocation contained in an instru ment purporting to be a will is not invalid by reason only of the fact that the instrument is invalid as a wilL

(8) A designation in an instrument that purports to bde but is not a valid will, is revoked by an event that woul have the effect of revoking the instrument if it had been a valid will. -6

The Trustee Ad 5.

(1) This

section will amend

chapter 373 of the Revised Statutes of Alberta 1970.

(2) Section 44 presently reads: 44.

(1) In this section, (a) "designation" means a written instrument to which subsection (2) refers; (b) "employer" includes the trustee under a plan; (c) "partiCipant" means a person who is participating in a plan established by an employer and who (

i) is or has been employed by the employer, or (li) is an agent or former agent of the employer; (d) "plan" means a pension, retirement, welfare or profit-sharing fund scheme or arrangement, for the benefit of employees, former employees: agents, and former agents of an employer, or any of them.

(2) Where, in accordance with the terms of a plan, a partiCipant, by a written instrument signed by him or on his behalf by another person in his presence and by his direction, has designated a person to receive a benefit pay able under the plan in the event of the death of the participant, (

a) the employer is discharged on paying to the person designated the amount of the benefit, and (

b) subject to subsection (3), the person designated may, on the death of the participant, enforce payment of the benefit to himself for his own use.

(3) Where a person deSignated under subsection (2) seeks to enforce payment of the benefit, the employer may set up any defence that he could have set up against the participant or his personal representative.

(4) A participant may alter or revoke a designation made under a plan, but, subject to subsection (7), any such alteration or revocation may be made only in the manner set forth in the plan.

(5) Where a designation is contained in a will, the designation shall, not withstanding

section 22 of The Wills Act, have effect from the time of its execu tion.

(6) A designation contained in an instrument purporting to be a will is not invalid by reason only of the fact that the instrument is invalid as a testamen tary instrument, and it may be revoked or altered by any subsequent designation.

(7) Where a designation is contained in a will, and subsequently the will is revoked by operation of law or otherwise, the desgnation is thereby revoked.

(8) This

section does not apply to a designation of a beneficiary to which The Alberta Insurance Act applies.

(9) The Crown is bound by this

section and

section 43. The new

section 44 is based on the Uniform Retirement Plan lBeneficiaries Act recently adopted by the Uniform Law Confer ~nce of Canada. It replaces a uniform provision adopted by that k:onference in 1957 and which is the same as the present

section l4 above except for the addition of subsection (9). 6

(9) Revocation of a designation does not revive an ear lier designation.

(10) Notwithstanding The Wills Act, a designation or revocation in a will is effective from the time when the will is signed.

(11) After the death of a participant who has made a designation that is in effect at the time of his death, the person designated may enforce payment of the benefit pay able to him under the plan, but the person against whom the paym'ent is sought to be enforced may set up any de fence that he could have set up against the participant or his personal representative.

(12) Where this

section is inconsistent with a plan, this

section applies unless (

a) the inconsistency relates to a designation made or proposed to be made after the making of a benefit payment, and (

b) the benefit payment so made would have been dif ferent if the designation had been made before the benefit payment was made, in which case the plan applies.

(13) This Act does not apply to a contract or to a designation of a beneficiary to which The Alberta Insur ance Act applies.

(14) The Crown is bound by this section. The Wills Act 6.

(1) The Wills Act is amended by this section.

(2) Section 43, subsection (1) is ame.nded by striking out the words "This Act applies" and by substituting there for the words "Unless otherwise expressly provided, the provisions of Parts 1 and 2 apply".

(3) The following Part and

Schedule are adde.d after

section 43:

PART 4 INTERNATIONAL WILLS 44. In this Part, (a) "Convention" means the Convention Providing a Uniform Law on the Form of an International Will, a copy of which is set out in the

Schedule to this Act; (b) "effective date" means the latest of (

i) the day on which, in accordance with

Article XI of the Convention the Convention enters into force, or ' 7

The Wills Act 6.

(1) This

section will amend

chapter 393 of the Revised Statutes of Alberta 1970.

(2) This

section will amend the application

section to accom modate the addition of an additional new

Part 4 to the Act.

(3) This amendment incorporates the prOVISIOns relating to international wills recommended by the Uniform Law Conference of Canada. 44.

Definitions. 7

(ii) where, at the time of signature or ratification the Govern~ent of Canada has declared that the ConventIOn extends to Alberta, the day that is six months after the date on which the Government of Canada deposits with the Gov ernment of the United States of America an instrument of ratification of the Convention , or (iii) the day that is six months after the date on which the Government of Canada submits to the Government O'f the United States of America a declaratiO'n that the Convention extends to Alberta; (c) "international will" means a will that has been made in accordance with the rules regarding an international will set out in the Annex to the Con vention; (d) "registration system" means a system for the registration, or the registration and safekeeping, of international wills established under s'ection 51 or pursuant to an agreement entered into under

section 52; ( e) "registrar" means the person responsible for the operatiO'n and management O'f the registration sys tem. 45. On, frO'm and after the effective date, the Conven tiO'n is in fO'rce in Alberta and applies to wills as the law of Alberta. 46. On, frO'm and after the effective date, the uniform law O'n the fO'rm O'f an internatiO'nal will set out in the Annex to' the CO'nventiO'n is law in Alberta. 47. N O'thing in this Part detracts from or affects the validity O'f a will that is valid under the laws in force in Alberta other than this Part. 48.

All active members of The Law SO'ciety of Alberta are designated as persons authO'rized to' act in connection with internatiO'nal wills. 49. The PrO'vincial Secretary shall request the Gov~rn ment O'f Canada to' ratify the CO'nventiO'n and to submIt af declaratiO'n to' the GO'vernment O'f the United States 0 Am'erica declaring that the CO'nventiO'n extends to Alberta. 50. As sO'O'n as the effective date is determined, t~e PrO'vincial Secretary shall publish in the Gazette a notice indicating the date that is the effective date for the pur poses O'f this Part. 51.

The Attorney General shall, in accordance with the regulatiO'ns, establish a system O'f (

a) registratiO'n, O'r 8

45. Application of convention. 46. Rules regarding an international will. 47. Validity of wills under other laws. 48. Authorized persons. 49. Request to ratify convention. 50. Effective date determined. 51. Registration system. 8

(

h) registration and safekeeping, of international wills. 52. With the approval of the Lieutenant Governor in Council, the Attorney General for and on behalf of Her Majesty in right of Alberta may enter into an agreement with the government of another province or a Minister or official of the government of another province relating to the establishment of a system of registration or registra tion and safekeeping of international wills for Alberta and that other province, and for the joint operation of that system, or relating to the exchange of information con tained in a system established under

section 51 and a similar system established for that other province. 53. Where a registration system is established pursuant to an agreement entered into under

section 52, the Attorney General is relieved of his obligation under

section 51. 54.

(1) Information contained in the registration sys tem concerning the international will of a testator shall not be released from the system except in accordance with an agreement made under

section 52 or except to a person who satisfies the registrar that (

a) he is the testator, or (

b) he is a person who is authorized by the testator to obtain such information, or (

c) the testator is dead and the person is a proper per son to have access to the information.

(2) Where the registration system provides for the safe keeping of international wills, an international will of a testator deposited in the system shall not be released except to a person who satisfies the registrar that (

a) he is the testator, or (

b) he is a person Who is authorized by the testator to obtain the will, or (

c) the testator is dead and the person is a proper per son to have custody of the will for the purposes of the administration of the estate of the testator or the agent of such a person. 55.

(1) Where a member of The Law Society of Alberta has acted during any month in respect of one or more inter national wills in his capacity as a person authorized to act in connection with international wills, the member shall, on or before the 10th day of the next month, file or cause to be filed with the registrar, in a sealed envelope, a list?n a form prescribed under the regulations, certified by hIm or his agent, setting out the name, address and description of the testator and the date of execution of each inter national will in respect of which he so acted, and the registrar shall enter the information in the registration system. 9

S2. Agreements re registration system. ~3. Joint system in lieu of provincial system. 54. Disclosure of information in system and release of will held for safekeeping. 55. Use of registration system. 9

(2) The failure of a member of The Law Societ Alberta to comply with subsection (1) in respect of of int~rnation~l will does not affect the validity of the inte~~ natIOnal wIll. 56. The Lieutenant Governor in Council may make regu lations respecting the operation, maintenance and Use of the registration system, and without limiting the generality of the foregoing, may make regulations (

a) prescribing forms for use in the system, and (

b) prescribing fees for searches of the registration system.

SCHEDULE CONVENTION PROVIDING A UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL The States signatory to the present Convention, DESIRING to provide to a greater extent for the reo specting of last wills by establishing an additional form of will hereinafter to be called an "international will" which, if employed, would dispense to some extent with the search for the applicable law; HAVE RESOLVED to conclude a Convention for this purpose and have agreed upon the following provisions:

Article I 1. Each Contracting Party undertakes that not later than six months after the date of entry into force of this Convention in respect of that Party it shall introduce in~o its law the rules regarding an international will set out In the Annex to this Convention. 2. Each Contracting Party may introduce the provisions of the Annex into its law either by reproducing the actual text, or by translating it into its official language or languages. 3. Each Contracting Party may introduce into its la~ such further provisions as are necessary to give the provi' sions of the Annex full effect in its territory. 4.

Each Contracting Party shall submit to the Depositary Government the text of the rules introduced into I~S neatl onal law in order to implement the provisions of thIS on vention.

Article II 1. Each Contracting Party shall implement the pr,ovi. sions of the Annex in its law, within the p'eriod provided for in the preceding article, by designating the persons 10

56. Regulations. 10

who, in its territory, shall he authorized to act in connec tion with international wills. It may also designate as a person authorized to act with regard to its nationals its diplomatic or consular agents abroad insofar as the local law does not prohibit it. 2. The Party slhall notify such designation, as well as any modifications thereof, to the Depositary Government.

Article III The capacity of the authorized person to act in connec tion with an international will, if conferred in accordance with the law of a Contracting Party, shall be recognized in the territory of the other Contracting Parties.

Article IV The effectiveness of the certificate provided for in

Article 10 of the Annex shall be recognized in the territories of all Contracting Parties.

Article V 1. The conditions requisite to acting as a witness of an international will shall be governed by the law under which the authorized person was designated. The same rule shall apply as regards an interpreter who is caned upon to act. 2. Nonetheless no one shall be disqualified to act as a witness of an international will solely because he is an alien.

Article VI 1. The signature of the testator, of the authorized person, and of the witnesses to an international will, whether on the will or on the certificate, shall be exempt from any legal ization or like formality. 2. Nonetheless, the competent authorities of any Contrac ting Party may, if necessary, satisfy themselves as to the authenticity of the signature of the authorized person.

Article VII The safekeeping of an international will shall be governed by the law under which the authorized person was desig nated.

Article VIII No reservation shall be admitted to this Convention or to its Annex. 11

Article IX 1. The present Convention shall be open for signature at Washington from October 26, 1973, until December 31 1974. ' 2. The Convention shall be subject to ratification. 3. Instruments of ratification shall be deposited with the Government of the United States of America, which shall be the Depositary Government.

Article X 1. The Convention shall be open indefinit'ely for acces sion. 2. Instruments of accession shall be deposited with the Depositary Government.

Article XI 1. The present Convention slhall enter into force six months after the date of deposit of the fifth instrument of ratification or accession with the Depositary Government. 2. In the case of each State which ratifi'es this Convention or accedes to it after the fifth instrument of ratification or accession has been deposited, this Convention shall enter into force six months after the deposit of its own instru ment of ratification or accession.

Article XII. 1. Any Contracting Party may denounce this Convention by written notification to the Depositary Government. 2. Such denunciation shall take effect twelve months from the date on which the Depositary Government has received the notification, but such denunciation shall not affect the validity of any will made during the period that the Convention was in effect for the denouncing State.

Article XIII 1. Any State may, when it deposits its instrument of ratification or accession or at any time thereafter. declare, by a notice addressed to the Depositary Government, that this Convention shall apply to all or part of the territories for the international relations of which it is responsible. 2. Such declaration shall have effect six months after the date on which the Depositary Government shall have re ceived notice thereof or, if at the end of such period the Convention has not yet come into force, from the date of its entry into force. 12

3. Each Contracting Party which has made a declaration in accordance with paragraph 1 of this

Article may in accordance with

Article XII, denounce this Conventio~ in relation to. all or part of the territories coneerned.

Article XIV 1. If a State has two or more territorial units in which different systems of law apply in relation to matters re specting the form of wills, it may at the time of signature ratification, or accession, declare that this Convention shad extend to all its territorial units or only to. one or more of them, and may modify its declaration by submitting another declaration at any time. 2. These declarations shall be notified to the Depositary Government and shall state expressly the territorial units to which the Convention applies.

Article XV If a Contracting Party has two or more territorial units in which different systems of law apply in relation to matters respecting the form of wills, any reference to the internal law of the place Where the will is made or to the law under which the authorized person has been appointed to act in connection with international wills shall be con strued in accordance with the constitutional system of the Party concerned.

Article XVI 1. The original of the present Convention, in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Government of the United States of America, which shall transmit certi fied copies thereof to each of the signatory and acceding States and to the International Institute for the Unification of Private Law. 2. The Depositary Government shall give notice to the signatory and acceding States, and to the International Institute for the Unification of Privat'e Law, of: (

a) any signature; (

b) the deposit of any instrument of ratification or accession; (

c) any date on which this Convention enters into force in accordance with

Article XI; (

d) any communication received in accordance with Artide I, paragraph 4; (

e) any notice received in accordance with

Article II, paragraph 2; 13

(

f) any declaration received in accordance with

Article XIII, paragraph 2, and the date on which such declaration takes effect; (

g) any denunciation received in accordance with

Article XII, paragraph 1, or

Article XIII, para graph 3, and the date on which the denunciation takes 'effect; (Ih) any declaration received in accordance with

Article XIV, paragraph 2, and the date on which the declaration takes effect. ANNEX UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL

Article 1 1. A will shall be valid as regards form, irrespective par ticularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter. 2. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind.

Article 2 This law shall not apply to the form of testamentary dispositions made by two or more persons in one instru ment.

Article 3 1. The will shall be made in writing. 2. It need not be written by the testator himself. 3. It may be written in any language, by hand or by any other means.

Article 4 1. The testa tor shall declare in the presence of two wi t nesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. 2. The testator need not inform the witnesses. or the authorized person, of the cont'ents of the will. 14

Article 5 1. In the presence of the witnesses and of the authorized person the testator shall sign the will or, if he has pr~ viouslY signed it, shall acknowledge his signature. 2. When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf. 3. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

Article 6 1. The signatures shall be placed at the end of the will. 2. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.

Article 7 1. The date of the will shall be the date of its signature by the authorized person. 2. This date shall be noted at the end of the will by the authorized person.

Article 8 In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concern ing the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in

Article

Article 9 The authorized person shall attach to the will a certificate in the form prescribed in

Article 10 establishing that the obligations of this law have been complied with. Artide 10 The certificate drawn up by the authorized person shall be in the following form or in a SUbstantially similar form: 15

CERTIFICATE (Convention of October 26, 1973) 1. I,.......................... (name, address and capacity), a person authorized to act in connection with international wills 2. Certify that on . . . . . . . . . . . . . . . . .. (date) at .................. (place) 3. (testator)....... . .. (name, address, date and place of birth) 4. in my presence and that of the witnesses (

a) plac'e of birth) (name, address, date and (b) .............. (name, address, date and plac'e of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that: 6. (

a) in my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his signature previously af fixed. * (2) following a declaration of the testator stating that he was unable to sign his will for the following reason ....................... . - I have mentioned this declaration on the will *- the signature has been affixed by. . . . . . . . . . . . . . . . . . . (name, address) 7. (

b) the witnesses and I have signed the will; 8. * (

c) each page of the will has been signed by . . and numbered; 9. (

d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10. (e) 11. * (f) 12. 13. 14. the witnesses met the conditions requisite to act as such according to the law under which I am acting; the testator has requested me to include the fol lowing statement concerning the safekeeping of his will: PLACE DATE SIGNATURE and, if necessary, SEAL *To be completed if appropriate. 16

Article 11 The authoriz'ed person shall keep a copy of the certificat and deliver another to the testator. e

Article 12 In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law.

Article 13 The absence or irregularity of a certificate shall not affect the formal validity of a will under this Law.

Article 14 The international will shall be subj'ect to the ordinary rules of revocation of wills.

Article 15 In interpreting and applying the provisions of this law, regard shall be had to its international origin and to the need for uniformity in its

interpretation. Commencement 7.

(1) This Act, except sections 51 to 55 of The Wills Act as enacted by

section 6, subsection (3) of this Act, comes into force of the day upon which it is assented to.

(2) Sections 51 to 55 of The Wills Act, as enacted by

section 6, subsection (3) of this Act, come into force on a date. to be fixed by Proclamation. 17 Title: 1976 (18th, 2nd) Bill 24, The Attorney General Statutes Amendment Act, 1976

Document details

Collection	Alberta — Bills
Citation	L18 S2 5596
Type	bill
Volume / chapter	L18 S2 5596
Language	en
Format	json
Source	PROVINCIAL
Identifier	07ff4ef8192406ef6fa39dc3bdb2330d4f04b22c

Source file is stored in the law ingest library (json).