Bill 66 — A Bill To Establish An Assurance Fund For the Protection of Persons Dealing With the Central Registry (Legislature 14, Session 2)

L14 S2 2022

Alberta — Bills

No. 66 2nd Session, 14th Legislature, Alberta 9 Elizabeth II BILL 66 A Bill to Establish an Assurance Fund for the Protection of Persons Dealing with the CEntral Registry HON. MR. TAYLOR Printed by L, S. WALL, Printer to the Queen's Most ExceUent Majesty. Edmonton. Alberta, 1961

Explanatory Note General. The purpose of this Act is to create an assurance fund to enable persons to claim compensation where they have suffered loss through the omission, mistake or misfeasance of a clerk in the office of the Central Registry. The Central Registry is a part of the Department of Highways where persons can register certain documents, such as bills of sale, conditional sales agreements and garagemen's liens, with regard to motor vehicles. 2.

Definitions. 3. Authority for creation of assurance fund. 4. The assurance fund fee is in addition to the registration fee. 5. Procedure for recovering compensation out of the fund.

BILL No. 66 of 1961

An Act to Establish an Assurance Fund for the Protection of Persons Dealing with the Central Registry (Assented to , 1961) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Central Registry As surance Fund Act". 2. In this Act, (a) "assurance fund" means the fund established pur suant to

section 3 ; (b) "Minister" means the member of the Executive Council charged with the administration of The Vehicles and Highway T'raflic Act; (c) "registration clerk" means the registration clerk in the Motor Vehicle Branch of the Department of the Minister. 3.

(1) The Minister shall form an assurance fund and shall deposit therein the moneys received by the registration clerk pursuant to

section 4.

(2) When the assurance fund reaches the sum of twenty five thousand dollars, any sum in excess of that amount may, by direction of the Lieutenant Governor in Council, be transferred to and fornl part of the General Revenue Fund of the Province. 4. Before the registration clerk registers any instrument that may be registereu with him under (

a) The Bills of Sale Act, (

b) The Conditional Sales Act, or (

c) The Garagemen's Lien Act, he shall in addition to the fee prescribed by or under that Act, demand and receive for the assurance fund a fee of twenty-five cents for each instrument required to be regi~ teredo 5.

(1) Any person sustaining loss or damage through an omission, mistake or misfeasance of the registration clerk or an official in his office in the execution of hi!'\ duties under

2 6. Authority for Minister to make payments out of the fund on a judgment being entered against him. 7. Limitations on payments from the fund. 8. Payment of court costs to the Minister in certain cases. 9. Procedure whereby payment can be made out of the fund without the necessity of commencing an action.

2 (

a) The Bills of Sale Act, (

b) The Conditional Sales Act, or (

c) The Garagemen's Lien Act, and who by the operation of that Act is barred from main taining an action against any other person for the recovery of his loss or damage, may bring an action for damages against the Minister.

(2) An action against the Minister shall be brought against him by his name of office, and it does not abate nor is it in any way affected by a vacancy occurring in the office.

(3) No action for damages under this Act shall be brought against the IVlinister unless it is brought within three years from the date when the cause of action arose. 6. The l\1inister shall pay the amount of any judgment recovered against him out of the assurance fund. 7. The assurance fund is not undE:r any circumstances liable for compensation for loss Oi' damages (

a) occasioned by the plaintiff's breach of any trust, whether express, implied or constructive, (

b) by reason of the improper use of the seal of the corporation or the want of capacity in a corpora tion to deal with the property or interest involved or to execute or take the benefit of the instrument registerE:d, or (

c) by reason of the registration of an instrument executed by a person under legal disability, unless the fact of the disalibity is disclosed on the in strument. 8. Where, in an action against the Minister, judgment is given in favour of the Minister, or the plaintiff discontinues the action, the plaintiff is liable to pay the full costs of defending the action, and the full costs when taxed shall be levied in the name of the l't1inister by the like process of execution as in ordinary civil cases. 9.

The Attorney General upon being satisfied that any claim that is or might be the subject of an action for damages against the Minister under this Act is well founded may issue a certificate to that effect, and thereupon the Lieutenant Governor in Council may direct the pay ment of the claim out of the assurance fund, together with a reasonable sum for costs incurred in making the same. 10. This Act comes into force on a date to be fixed by Proclamation.

No. 66 SECOND SESSION FOURTEENTH LEGISLA JURE 9 ELIZABETH II 1961 BILL

An Act to Establish an Assurance Fund for the Protection of Persons Dealing with the Central Registry Recei ved and read the First time ........................... .. Second time .......... . Third time ......................................... . HON. MR. TAYLOR Title: 1961 (14th, 2nd) Bill 66,

An Act to Establish an Assurance Fund for the Protection of Persons Dealing with the Central Registry

Document details

Collection	Alberta — Bills
Citation	L14 S2 2022
Type	bill
Volume / chapter	L14 S2 2022
Language	en
Format	json
Source	PROVINCIAL
Identifier	7cacea9a1c801717808782c89d0d708ab4201b29

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