Bill 8 — Fifth Session, 15Th Legislature, 15 Elizahetftp*J 1:' the Legislative) Assej\Ffbt Y Qif Lti5!Seria Bill 8 An Act To Amend the Tax Recovery Act (Legislature 15, Session 5)

L15 S5 1209

Alberta — Bills

1967 Bill 8 Fifth Session, 15th Legislature, 15 Elizahetftp*J 1:' THE LEGISLATIVE) ASSEJ\ffBT Y Qif ltI5!SERIA BILL 8

An Act to amend The Tax Recovery Act THE MINISTER OF MUNICIPAL AFFAIRS First Reading ............................................................. . Second Reading Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 8 1967

An Act to amend The Tax Recovery Act (Assented to , 1967) HER 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 is hereby amended. 2. The following

section is added after

section 17: 17 a. Where a parcel is not sold at the first public auction held by a municipality after a tax recovery notification has been placed upon the certificate of title, the treasurer shall wi thin 60 days thereafter send, by registered mail, a notice advising (

a) that the parcel was not sold at the public auction, (

b) that the parcel will not be subject to sale prior to final acquisition, (

c) that final acquisition will take place upon the expiry of one year from the date of the aforementioned public auction, and (

d) that if taxes are not paid before the expiry of the aforementioned one year the parcel will be finally acquired and thereafter may be sold without further notice, to every person whose name actually appears on the assess ment roll as having an interest in any parcel that was of fered for sale at the public auction and not sold.

Section 18, subsection (1) is amended by striking out the words "either before or" and by substituting the word "only" .

Section 20 is amended by adding the following sub

section after subsection (1) : (la) Any final acquisition title issued to a municipality shall be marked "Tax Forfeiture" by the Registrar. 5. The heading preceding

section 22 and

section 22 are struck out and the following heading and

section are sub stituted: Redemption 22.

(1) Any parcel that has not been sold or disposed of by the municipality may be redeemed by any person at any

Explanatory Notes I. This Bill will amend

chapter 334 of the Revised Statutes. 2. Notke to be given when property not sold at public auction.

Section 18, subsection (1) presently reads: 18.

(1) Any parcel that is not sold at the first public auction held by a municipality after a tax recovery notification has been placed upon the certificate of title thereto may be sold either before or after final acquisition by the municipality as hereinafter provided.

Section 20, subsection (1) reads in part: 20.

(1) Subject to

section 18 every parcel with respect to which there is a subsisting tax recovery notifica>tion or caveat is finally acquired by the municipality concerned, upon the expiry of one year from the date of the sale, and tIl!;! municipality may take title to the parcel and thereupon becomes the owner thereof subject S.

Section 22 is revised for purposes of clarification.

time during the redemption period stated in subsection (2) upon the payment or discharge of (

a) all taxes that are shown on the records 'Of the treasurer as being due with respect to the parcel, other than taxes of the current year, and (

b) the prescribed or actual costs, whichever is the greater.

(2) The right to redeem a parcel that has not been sold or disposed of shall be exercised before the expiration of a four year period from the date of first public auction.

(3) Where the parcel being redeemed has not been finally acquired or title to the parcel being redeemed has not been taken on final acquisition by the municipality, the treasurer shall notify the Registrar to remove the tax recovery notifi cation from the certificate of title of the parcel and the Registrar shall forthwith do so.

(4) Where title to the parcel being redeemed has been taken on final acquisition by the municipality, the treasurer shall notify the Registrar and thereupon the Registrar shall cancel the certificate of title issued to the municipality and shall revive the certificate of title that was cancelled on the isue of title to the municipality.

(5) Where a certificate of title is revived pursuant to subsection (4) the title is subject (

a) to the same notifications, charges and encum brances to which it would have been subject had no certificate of title been issued to the municipal ity, and (

b) to any estate or interest or encumbrance created while the parcel was held by the municipality.

Section 27, subsection (1), clause (

a) is amended by striking out the words "prescribed costs" and by substi tuting the words "prescribed or actual costs, whichever is the greater,".

Section 28 is amended by striking out subsection (6) and by substituting the following:

(6) Notwithstanding subsections (3) and (4) respecting payment of surplus moneys out of the tax sale trust account by declaration of a district court judge, 2 (

a) where, within 10 years of the date of final acquisi tion of a parcel or the date the parcel was sold at public auction, whichever first occurred, (

i) the former owner or his agent applies, or (ii) the widow of the former owner applies and all beneficiaries of the former owner's estate have quit claimed, 'Or (iii) the administrator of the estate of the former owner applies on behalf of the estate,

Section 27, subsection (1), clause (

a) presently reads: 2.7.

(1) The proceeds of the sale of any parcel directed by this Act, whether sold at a public or private sale, o'r whether s'old before or after the final acquisition thereof by a municipality, shall, notwith standing the provisions ot any other Act, be distributed in the follow ing ord~er: (

a) in the discharge of the prescribed costs and all other e~penses lawfully incurred by {he municipality in respect of the parcel, including a commission to the municipality of five per cent of the surplus moneys referred to in

section 28;

Section 28, subsection (6) presently reads:

(6) Notwithstanding subsections (2), (3) and (4), respecting payment of surplus moneys out of the tax sale trust account by declaration of a dis,trict court judge, where (

a) the former owner is still alive, and (

b) the title to the parcel was, immediately prior to the sale, clear of all encumbrances other than the tax recovery notification, and the encumbrances and daims that under se0tion 27, have been sa;tisfied, the former owner or his agent may apply to the Minister, who by order may declare the fo'rmer owner to be entitled to the surplus money and may direct payment thereof to him.

and (

b) where the title to the parcel was, immediately prior to the sale, or final acquisition, clear of all encumbrances other than the tax recovery notifica tion and encumbrances and claims that have been satisfied, the Minister may, by order, declare the applicant to be en titled to the surplus money and may direct payment thereof to the applicant.

Section 37 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) Where any parcel becomes part of another munici pality and the title to the parcel rests in the name of the old municipality, the Registrar shall, upon receipt of an order of the Minister, place the title to the lands in the name of the new municipality. 9. The following

section is added after

section 41: 42. When any title has been acquired by a municipality under the provisions of the 1919 or 1922 Tax Recovery Acts, the municipality shall be deemed to have complied with all the requirements of the aforementioned Acts. 10. This Act comes into force on the day upon which it is assented to. 3

8. Self-explanatory. 9. The procedure followed under the 1919 and 1922 Tax Recov ery Acts was to acquire a provisional title prior to offering the pro perty for sale at public auction. The property was required to be offered within a limited tIme. In many instances the date of offer ing such property for sale was not done within the time limit. The object of the amendment is to validate the titles. 3 Title: 1967 (15th, 5th) Bill 8,

An Act to amend The Tax Recovery Act

Document details

Collection	Alberta — Bills
Citation	L15 S5 1209
Type	bill
Volume / chapter	L15 S5 1209
Language	en
Format	json
Source	PROVINCIAL
Identifier	38419e8e3f2f82e5ba0d037faa364c2ec948feaf

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