Bill 30 — Third Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Albert A Bill 30 the Attorney General Statutes Amendment Act, 1977 (Legislature 18, Session 3)

L18 S3 5732

Alberta — Bills

1977 BILL 30 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERT A BILL 30 THE ATTORNEY GENERAL STATUTES AMENDMENT ACT, 1977 MR.GHITTER First Reading ............................................ . Second Reading .......................................... . Third Reading ........................................... . Printed by the Queen's Printer for the Province of Alberta. EDMONTON

Bill 30 Mr. Ghitter BILL 30 1977 THE ATTORNEY GENERAL STATUTES AMENDMENT ACT, 1977 (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Clerks of the Court Act 1. 0) The Clerks of the Court Act is amended by this section.

(2) Sections 3 and 4 are struck out. The Commissioners for Oaths Act 2. 0) The Commissionersfor Oaths Act is amended by this section.

(2) Section 3, subsection (2) is amended by striking out the word "second" and by substituting therefor the word "third". 1

Explanatory Notes The Clerks of the Court Act 1.

(1) This

section will amend

chapter 51 of the Revised Statutes of Alberta 1970.

(2) Sections 3 and 4 presently read: 3. (

J) The Lieutenant Governor in Council may./i"om time to time appoint a Clerk o.lthe Supreme Court o.lAlberta in each.iudicial district.

(2) A Clerk o.l the Supreme Court holds o.fJice during pleasure. and shall rece;ve such remuneration ./01' his services as may./i·om time to time be.fixed by the Lieutenant Governor in Council. 4. (

J) When it appears that the convenience o.l the public so requires. the Lieu tenant Governor in Council may appoint a deputy clerk for a judicial district and may designate the place for his o.fJice and./ix his remuneration.

(2) A deputy clerk has and shall pel./orm all the powers. dllfies and obliga tions imposed upon a clerk under this Act. Sections 3 and 4(1) of the Act are redundant to

section 16(1) of The District Court Act and

section 43 of The Judicature Act which provide for the appointments of clerks and deputy clerks of the District and Supreme Courts respectively pursuant to The Public Service Act.

Section 4(2) is redundant to the definition of "clerk" which includes a deputy clerk. The Commissioners for Oaths Act 2.

(1) This Bill will amend

chapter 58 of the Revised Statutes of Alberta 1970. 1

The Expropriation Act 3. (

J) The Expropriation Act is amended by this section.

(2) Section 1, clause 0), subclause 00 is amended by striking out the words ", mortgage or encum brance" .

(3) The fo 110 wing

section is added after

section 28: 28.1.

(1) Notwithstanding anything in this Act, the owner may consent to the acquisition of land by an expropriating authority subject to the condition that compensation therefor shall be determined by the Board.

(2) The consent of an owner to the acquisition of land pursuant to subsection (1) shall be evidenced by an express agreement in writing between the owner and the expropriating authority stating (

a) that the owner consents to the acquisition, (

b) that compensation shall be determined by the Board, and (

c) fixing a date for possession of the land, and the owner shall thereupon execute the necessary con veyance of the land to the expropriating authority.

(3) At any time following execution of the document under subsection (2) either the expropriating authority or the owner may make application to the Board to determine the compensation.

(4) Where an application is made under subsection (3), the Board shall determine the compensation as if the land were expropriated and the provisions of this Act and the regulations respecting the determination of compensation, hearings and procedures, including interest, costs and appeals, apply thereto in the same manner as if the land had in fact been expropriated. 2

(2) This amendment will extend the term of a commissioner's appointment by one year.

Section 3 (2) presently reads:

(2) A 11 appointment made IInder This

secTion expires on The second anniversa Iy of The commissioner's birThday a/ier the date of his appointment, unless it is cancelled by the Inspector of Legal Offices by notice in writing prior to that date. The Expropriation Act 3. (

I) This

section will amend

chapter 27 of the Statutes of Alberta, 1974.

(2) This amendment will remove redundant terms and make the terminology consistent with

section

Section 1 (

j) presently reads: (i) "owner" means (

i) a person registered in the land titles o.ffice as the owner of an estate in fee simple in land, or (iiJ a person who is shown by the records o.l the land titles o.ffice as having a particular estate or an interest, mortgage or encum brance in or upon land, or (iii) any other person who is in possession or occupation o.l the land, or (iv) any other person who is known by the expropriating authority to have an interest in the land, or (

v) in the case o.l Crown land, a person shown on the records o.l the department administering the land as having an estate or interest in the land;

(3) This amendment will permit parties to go directly to the Board to determine compensation where that is the only matter in issue.

(4) Section 68(3) presently reads:

(3) In the case o.l the taking o.l a right o.l way, where at any time the expropriating authority or its successor has discontinued the use for which the land was expropriated, the expropriating authority or the .former owner of the expro priated lands or his successor in title to the land ./i"om which the right of way was taken may apply to the court in those cases where the expropriation was authori::.ed by the court and in all other cases to the BOG/·d.for an order terminating the estate or interest o.l the expropriating authority and the court or the Board, as the case may be, may (

a) terminate the estate or interest acquired by the expropriating Gl/thori(v, and (

b) grant the estate or interest so terminated to the person ./i"om whom it was expropriated or to such other person as the court may order. 2

(5) Unless otherwise agreed by the parties, compensation shall be determined as of the date of the document conveying the land from the owner to the expropriating authority.

(4) Section 68, subsection (3), clause (

b) is amended by adding after the word "court" the words "or Board, as the case may be, ". The Garagemen's Lien Act 4.

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

(2) The

Schedule is amended by striking out Form A and by substituting therefor the following form: FORMA (Section 4) CLAIM OF LIEN 1. . .................................................... . (name a/claimant) of ............................................. ' ...... . (address 0/ claimant) carrying on the business of a garageman at ................ , claim a lien pursuant to The Garagemen's Lien Act, upon a certain (here set out if the lien is claimed in respect a/a vehicle or farm vehicle or part thereof) in the possession of ..................................... and which is described as follows: (Here set out the licence number, if any, the make, style, year and model and the serial number). 2.

The lien is claimed in respect of (the storage, repair, main tenance, accessories and parts, or any 0/ them, as the case may be) shown on the attached invoice or statement of account, together with the dates thereof, charged to (name a/debtor) of .................................................... , (address 0/ debtor) and for which a lien in the sum of $ .............. is claimed. 3

The Garagemen's Lien Act 4.

(1) This

section will amend

chapter 155 of the Revised Statutes of Alberta 1970.

(2) This amendment will bring Form A into conformity with amendments made to the Act in 1976. 3

3. The date (

a) on which possession of the motor vehicle or farm vehicle was surrendered to the owner thereof 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, or (

c) on which the accessories or parts for the motor vehi cle or farm vehicle were furnished, (Strike out the inapplicable clauses.) is ................ . 4 ...................................................... . (name of debtor ) has himself or by his authorized agent acknowledged in debtedness to me for the amount claimed by signing the attached invoice or statement of account. (Strike out

section 4 ifnot applicable.) The address for service of the claimant is .................. . Dated at ....................... this .................. . day of. .................. ,19 ....... . (Signature of claimant or his agent) The Gas Utilities Act 5.

(1) The Gas Utilities Act is amended by this section.

(2) Section 31 is struck out and the following is substituted: 31. In fixing just and reasonable rates, tolls or charges, or schedules thereof, to be imposed, observed and followed thereafter by an owner of a gas utility, 4

The Gas Utilities Act 5.

(1) This

section will amend

chapter 158 of the Revised Statutes of Alberta 1970.

(2) Section 31 presently reads: 31. It is hereby declared that, in .fixing just and reasonable rates, the Board may give effect to such part of any excess revenues received or losses incurred by all 4

(

a) the Board may consider all revenues and costs of the owner that are in its opinion applicable to a period consisting of (

i) the whole of the fiscal year of the owner in which a proceeding is initiated for the fixing of rates, tolls or charges, or schedules thereof, or (ii) a subsequent fiscal year of the owner, or (iii) two or more of the fiscal years of the owner referred to in subclauses (

i) and (ii) if they are consecuti ve, and need not consider the allocation of those revenues and costs to any part of such a period, (

b) the Board may gi ve effect to such part of any excess revenue received or any revenue deficiency incurred by the owner that is in its opinion applicable to the whole of the fiscal year of the owner in which a proceeding is initiated for the fixing of rates, tolls or charges, or schedules thereof, as the Board deter mines is just and reasonable, (

c) the Board may give effect to such part of any excess revenue received or any revenue deficiency incurred by the owner after the date on which a proceeding is initiated for the fixing of rates, tolls or charges, or schedules thereof, as the Board determines has been due to undue delay in the hearing and determining of the matter, and (

d) the Board shall by order approve the method by which, and the period (including any subsequent fiscal period) during which, any excess revenue received or any revenue deficiency incurred, as determined pur suant to clause (

b) or (c), is to be used or dealt with. The Notaries Public Act 6. 0) The Notaries Public Act is amended by this section.

(2) Section 2 is amended (

a) by striking out subsection OJ and by substituting therefor the following subsection: 5

owner of a gas lItility a./ier an application has been made to the Board ./or the ,fixing of rates as the Board may determine has been due to undue delay in the hearing and determining of the application, The amendment is complementary to the one being made to The Public Utilities Board Act by

section 7 of this Bill. The Notaries Public Act 6.

(1) This

section will amend

chapter 261 of the Revised Statutes of Alberta 1970.

(2) These amendments will provide for appointments as notaries public to be made by the Attorney General instead of the Lieutenant Governor in Council. 5

2. (0 The Attorney General may appoint notaries public for the Province. (

b) as to subsection (2) by striking out the words "Lieu tenant Governor in Council" and by substituting there for the words" Attorney General", and (

c) as to subsection (3) by striking out the words "for a commission" . (

J) Section 5 is amended by striking out the words "commission issued" and by substituting therefor the words "appointment made".

(4) Section 6 is struck out and the following

section is substituted therefor: 6.

(1) An appointment under this Act terminates at the expira tion of two years from the 31st day of December of the year in which the appointment was made, unless it is sooner revoked.

(2) Any appointment under this Act by commission of the Lieutenant Governor in Council may be revoked by the Attor ney General.

(5) Section 7 is amended by striking out subsection (

J) and by substituting therefor the following subsection: 7.

(1) A notary public appointed under this Act shall, on each affidavit, affirmation, declaration or acknowledgment taken or given by him, each instrument attested by his seal and each notarial certificate given by him, write or stamp the date upon which his appointment terminates. The Public Utilities Board Act 7. (

J) The Public Utilities Board Act is amended by this section.

(2) Section 81 is amended by striking out subsection (5) and substituting the following:

(5) In fixing just and reasonable rates, tolls or charges, or schedules thereof, to be imposed, observed and followed thereafter by an owner of a public utility, 6

(3) Consequential.

(4) This amendment will be transitional to cover existing appoint ments by the Lieutenant Governor in Council.

Section 6 presently reads: 6. A commission issued under this Act expires at the expiration qj'two years ./i'om the thirty~first day qj'December qj' the year in which it is issued, unless it is sooner revoked.

(5) Consequential.

Section 7 (

I) presently reads: 7. (

J) A notmy public appointed by commission under this Act shall, on each affidaVit, affirmation, dec/aration or acknowledgment taken or given by him, each instrument attested by his seal and each notarial certificate givell by him, write or stamp the date upon which his commission expires. The Public Utilities Board Act 7. (

I) This

section will amend

chapter 302 of the Revised Statutes of Alberta 1970.

(2) Section 81(5) presently reads:

(5) In .fixing just and reasonable rates, the Board has power to give effect .to such part qj' any excess revenues received or losses incllrre(~ by an. owner. qj a pUblic utility a,jrer an application has been made to the Bom'd/or the./ixlI1g q/ rates 6

(

a) the Board may consider all revenues and costs of the owner that are in its opinion applicable to a period consisting of (

i) the whole of the fiscal year of the owner in which a proceeding is initiated for the fixing of rates, tolls or charges, or schedules thereof, or (ii) a subsequent fiscal year of the owner, or (iii) two or more of the fiscal years of the owner referred to in subclauses (

i) and (ii) if they are consecuti ve, and need not consider the allocation of those revenues and costs to any part of such a period, (

b) the Board may give effect to such part of any excess revenue received or any revenue deficiency incurred by the owner that is in its opinion applicable to the whole of the fiscal year of the owner in which a proceeding is initiated for the fixing of rates, tolls or charges, or schedules thereof, as the Board deter mines is just and reasonable, (

c) the Board may give effect to such part of any excess revenue received or any revenue deficiency incurred by the owner after the date on which a proceeding is initiated for the fixing of rates, tolls or charges, or schedules thereof, as the Board determines has been due to undue delay in the hearing and determining of the matter, and (

d) the Board shall by order approve the method by which, and the period (including any subsequent fiscal period) during which, any excess revenue received or any revenue deficiency incurred, as determined pur suant to clause (

b) or (c), is to be used or dealt with. Commencement 8. (

J) This Act, except

section 4, comes into force on the day upon which it is assented to.

(2) Section 4 comes into force on August 1, 1977. 7

as the Board may determine has been due to undue delay in the hearill!? and determinin!? q/ the application. The proposed subsection (5) is intended to more accurately express the Board's normal procedures in relation to dealing with excess revenue and revenue deficiencies of an owner of a public utility in addition to the matter dealt with in the present subsection (5) which relates only to the case where there has been undue delay in hearing and determining an application. The latter case is dealt with in clause (

c) of the proposed subsection (5), 7 Title: 1977 (18th, 3rd) Bill 30, The Attorney General Statutes Amendment Act, 1977

Document details

Collection	Alberta — Bills
Citation	L18 S3 5732
Type	bill
Volume / chapter	L18 S3 5732
Language	en
Format	json
Source	PROVINCIAL
Identifier	5070a1e6ad1efb0758d5d134f3beaab163a9ac4d

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