Bill 55 (Legislature 20, Session 1)

L20 S1 3675

Alberta — Bills

1983 BILL 55 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 55 REAL PROPERTY STATUTES AMENDMENT ACT, 1983 THE ATTORNEY GENERAL Fust Reading Second Reading Committee ofthe Whole Thud Readmg Royal Assent

BiU 55 BILL 55 1983 REAL PROPERTY STATUTES AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows: Builders' Lien Act 1(1) The Builders' Lien Act is ameruied by this section.

(2) Section 25 is ameruied by adding the following after subsection (2):

(2.1) A statement of Uen shaU be signed by the henholder or his agent.

(3) The following is added after

section 27: 27.1(1) On an appUcation to the court by an origmatmg notice by a hen claimant whose hen has been invahdated by an order or judgment for faUure to comply with

section 151(1) or 152(1) ofthe Larui Titles Act, the court may order the remstatement of the hen or make any other order that is just in the circumstances subject to the order not prejudicing (

a) any rights acquired in good faith for valuable considera tion subsequent to the discharge ofthe Uen at the land titles office as a result of the order or judgment invaUdatmg the Uen, or (

b) any person who has acted in reUance on (

i) the order or judgment invaUdating the hen, or (

u) the discharge of the Uen at the land titles office as a result ofthe order or judgment invaUdating the Uen.

(2) In a proceeding under this

section the court may extend any time Umits provided for under this Act as the court considers proper m the circumstances.

Explanatory Notes Builders' Lien Act 1(1) This

section wiU amend

chapter B-12 ofthe Revised Statutes of Alberta 1980.

(2) Statement of lien to be signed.

(3) Reinstatement of hen. Explanatory Notes

(3) The originating notice shaU be served on aU persons who by the records of the land titles office appear to have an interest in the land in question and on any other persons that the court may direct.

(4) AU persons, including Uenholders, served with an originating notice are parties to the proceeding.

(5) The clerk of the court in which a proceeding is begun under this

section may grant a certificate of lis pendens to a Uen claim ant (

a) who is a party to the proceeding, and (

b) whose Uen was invahdated for faUure to comply with

section 151(1) or 152(1) ofthe Land Titles Act.

(6) A hen claimant who is granted a certificate of hs pendens under subsection (5) may cause the certificate of Us pendens to be registered in the appropriate land titles office.

(7) On receiving (

a) a certificate under the seal ofthe clerk ofthe court stating that the proceeding for which a certificate of hs pendens was granted is discontinued, or (

b) a withdrawal of a certificate of hs pendens signed by the person on whose behalf the certificate was registered, the Registrar shaU cancel registration ofthe certificate of hs pen dens.

(8) No order or judgment shdl be made or granted m any action, including any action commenced before the commg into force of this section, invaUdating a Uen for the faUure ofthe statement of hen to comply with

section 151(1) or 152(1) ofthe Land Titles Act. Land Titles Act 2(1) The Larui Titles Act is amended by this section.

(2) Section 151 is amended (

a) in subsection (1) by striking out "Other than notification re ferred to in

section 32, instruments under the seal of any corpo ration, caveats, orders of a court or judge, executions, or certifi cates of any judicial proceedings, attested as such, every" and substituting''Subject to

section 152.1, every"; (

b) by repealing subsections (1.1) and (2).

Land Titles Act 2(1) This

section wdU amend

chapter L-5 ofthe Revised Statutes of Alberta 1980.

(2) Section 151 presently reads: 151(1) Other than notification referred to in

section 32. instruments under the seal of any corporation, caveats, orders of a court or judge, executions, or certificates of any judicial proceedings, attested as such, every instru ment executed within the limits of Alberta arui requiring to be registered uruier this Act shaU be witnessed by one person, who shaU sign his ruime to the instrument as a witness and who shall appear before the Inspector or Assistant Inspector of Land Titles Offices or the Registrar or Deputy Registrar ofthe registration district in which the larui is situated, or before a judge, provincial judge, notary public, commissioner for taking affidavits, or a justice of the peace in or for Alberta, arui make an affidavit in the prescribed form.

Explanatory Notes

(3) Section 152 is ameruied (

a) in subsection (1) by striking out "Other than grants fi-om the Crown, orders in councU, notification referred to in

section 32, instruments under the seal of a corporation or caveats, every" arui substituting''SvibiexA to

section 152.1, every"; (

b) by repealing subsection (2).

(4) The following is added after

section 152: 152.1 Sections 151 and 152 do not apply to the foUowing: (

a) a grant fi^om the Crown; (

b) an order in councU; (

c) a regulation filed under the Regulations Act; (

d) a notification referred to in

section 32; (

e) an instrument under the seal of a corporation; (0 a caveat; (

g) an order of a court or judge; (

h) an execution; (

i) a certificate of a judicial proceeding attested as such; (

j) an mstrument executed by a Minister ofthe Crown or by a person authorized by him to execute the instrument; (

k) an instrument, including any instrument executed before the commg mto force of this section, that is provided for under another Act, its predecessor or a regulation and that does not under that Act or regulation require a witness to the instrument. 152.2 FaUure to comply with

section 151 or 152 or an attesta tion reqmrement under another Act, its predecessor or a regula tion does not, for that reason only, aflfect the vahdity of any

(1.1) Subsection (1) does not apply to instruments executed by a Minister ofthe Crown or by a person authorized by him to execute the instruments.

(2) Any document executed by a corporation, notwithstanding anything to the contrary in the Act, statute, charter or memorandum and articles of association incorporating the corporation, shaUfor the purposes of this Act be deemed to be sufficiently executed if it is sealed with the corporate seal ofthe corporation and countersigned by at least one officer ofthe corpo ration.

(3) Section 152 presently reads in part: ' 152(1) Other than grants from the Crown, orders in council, notifications referred to in

section 32. instruments under the seal of a corporation or caveats, every instrument executed outside the limits of Alberta and re quired to be registered uruier this Act. shaU be witnessed by one person, who shaU sign his name to the instrument as a witness arui who shaU appear before one of the following persons arui make an affidavit in the prescribed form: (a)

(2) On being satisfied of the due execution of an instrument, the court may. whether the instrument has been executed inside or outside the limits of Alberta, authorize its registration, notwithstaruiing that the proof of the execution may be defective under this

section or

section 151.

(4) Section 152.1 provides an exception to

section 151 and 152 and also replaces the present

section 151(1.1).

Section 152.2 provides that failure to comply with attestation requirements wUl not necessarily invaUdate a regis tered instrument. Sections 152.3 and 152.4 replace the present sections 151(2) and 152(2) respectively. Explanatory Notes

registered instrument including any instrument registered before the coming into force of this section. 152.3 Any document executed by a corporation, notwithstand ing anything to the contrary in the Act, statute, charter or mem orandum and articles of association incorporating the corpora tion, shaU for the purposes of this Act be deemed to be sufficiently executed if it is sealed with the corporate seal ofthe corporation and countersigned by at least one officer ofthe corporation. 152.4 On being satisfied ofthe due execution of an instrument, the court may authorize its registration, notwithstandmg that the proof of the execution may be absent or defective. In accordance with

section 4(1) ofthe

Interpretation Act. this BiU comes into force on the date it receives Royal Assent.

Explanatory Notes Title: 1983 (20th, 1st) Bill 55, Real Property Statutes Amendment Act, 1983

Document details

Collection	Alberta — Bills
Citation	L20 S1 3675
Type	bill
Volume / chapter	L20 S1 3675
Language	en
Format	json
Source	PROVINCIAL
Identifier	46453a89f9ffb060ddc5a47ebe8bf75744c137a9

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