Bill 69 (Legislature 11, Session 4)

L11 S4 6980

Alberta — Bills

Bill No. 69 of 1951. A BILL TO AMEND THE TAX RECOVERY ACT. NOTE. This Bill amends The Tax Recov,ery Act, being

chapter 161 of the Revised Statutes of Alberta,

Section 2 is amended. The effect of these amendments is to bring these

definitions into line with the same defini tions as they appear in The Assessment Act, The Town and Village Act and The Municipal District Act.

Section 20 is amended. The effect of this amendment is to change the name of The Town Planning Act to the name now in effect.

Section 25 is amended by adding a new subsection (2a). The effect of this amendment is to give authority to the Minister to direct the payment of the accrued surplus that does not exceed two hundred dollars to the former owner, providing the land is clear of all encumbrances. The situa tion often arises where land is lost due to tax recovery pro ceedings and, after the land is sold, a small surplus over and above the tax claim remains. At present, as the statute stands, it is necessary to engage a solicitor to apply to the district ,court for an order directing payment of the surplus.

This results in some expense and frequently the surplus is not in excess of that amount, thus making it impractical for the former owner to apply for it.

Section 26 is amended by adding a new subsection (la). The effect of this amendment is to authorize municipalities to execute and grant rights-of-entry and easements on tax recovery property for the purpose of power lines, pipe lines, railways and those other purposes mentioned in the section.

Section 38 is 'repealed. This

section provides that The Tax Recovery Act, 1922, applies to Calgary, Edmonton and Medicine Hat rather than this Act. This

section is repealed effe·ctive on the 1st day of January, 1952,' when The City Act comes into force, as thereafter this Act is applicable to those cities. This Bill comes into force on the 1st day of July, 1951 excepting for the repeal of

section 38. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

Section 2 amended "improve ments" "land" "owner" "parcel" BILL No. 69 of 1951.

An Act to amend The Tax Recovery Act. (Assented to , 1951.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: . 1. The Tax Recovery Act, being

chapter 161 of the Revised Statutes of Alberta, 1942 is hereby amended.

Section 2 is amended,- (

a) by striking out elauses (

d) and (

e) and by sub stituting the following: "(d) 'improvements' means all buildings or any part of any building and all structures, fixtures and and fences erected upon, in, over, under or affixed to the parcel of land; " ( e) 'land' means lands, tenements, hereditaments and any estate or interest, and shall, but not so as to restrict the generality of the foregoing words, include growing timber, minerals and improvements ;" ; (

b) by striking out clauses (

h) and (

i) and by sub stituting the following: "(h) 'owner' means any person who is registered under The Land Titles Act as the owner of a freehold estate in possession of land; " (i) 'parcel' means,- "0) any unsubdivided block or any lot, or any part of such block or lot in any area of land a plan of subdivision of which is registered in the Land Titles Office; "(ii) in any case where a building has been erected on two Or more lots or parts thereof, all such lots; " (iii) a quarter

section of land or such area as surveyed and registered under The Alberta Surveys Act or any other area the, descrip tion of which has been approved by the proper Land Titles Office; "(iv) the land forming part of any railway, irrigation or drainage right-of-way;".

Section 20, subsection (~) is amended by striking out ~:~dnel° the words tiThe Town Planntng Act" and by substituting the words tiThe Town and Rural Planning Act".

Section 25 is amended by adding immediately after ~:!;Od~15 subsection (2) the following new subsection: "(2a) Notwithstanding the provisions of subsection (1) ~~;[;s not respecting payment of surplus moneys out of the tax sale in excess t t · t b d I t' f d' t . t t . d . of $200.00 rus accoun y' ec ara IOn 0 a, IS rIC cour J u ge, In any case,- "(

a) where the surplus is not in excess of two hundred- dollars; and . "(

b) where the former owner is still alive; and " (

c) where immediately prior to the sale the title to the parcel was clear of all encumbrance other than the tax arrears notification; the former owner or his agent may apply to the Minister who by order may declare the former owner to be entitled to the surplus and direct payment thereof to him".

Section 26 is amended by adding immediately after ~:!~odnelG subsection (1) the following new subsection: " (la) Either before or after final acquisition of a pareel, Easements if an application is made to a munidpality,- "(

a) for a right of entry by an operator entitled to apply for a right of entry to remove minerals under The Right of Entry Arbitration Act; or "(

b) for a right-of-way for a railway, pipe line, trans mission line, pole line, eonduit, irrigation or drain age ditch, or other similar purpose, by an applicant who is entitled to expropriate for such purpose under the provisions of any Act; the municipality may grant a right of entry or right-of-way through the parcel to the same extent as the applicant might be entitled to acquire under The Right of Entry Arbitration Act or the Act authorizing the expropriation, as the case may be.".

Section 38 is repealed.

Section 38 repealed 7. This Act shall come into force on the first day of July, ~~~ir!rce 1951, ex·cepting

section 6 which

section shall -come into force on the first day of January, 1952.

No. 69. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 19,51 BILL

An Act to amend The Tax Recovery Act. Received and read the First time ............................ . Second time .................. . '.Dhird time .... HON. MR. GERHART. Title: 1951 (11th, 4th) Bill 69,

An Act to amend The Tax Recovery Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6980
Type	bill
Volume / chapter	L11 S4 6980
Language	en
Format	json
Source	PROVINCIAL
Identifier	25e01733106283a0f5f5ba7270f5d241c577dc13

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