Bill 227 — Second Session, 21St Legislature, 36 Elizabeth Ii the Legislative Assembly of Alberta Bill 227 An Act To Amend the Land Titles Act (Legislature 21, Session 2)

L21 S2 3132

Alberta — Bills

1987 BILL 227 Second Session, 21st Legislature, 36 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 227

AN ACT TO AMEND THE LAND TITLES ACT MR. WRIGHT First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 227 Mr. Wright BILL 227 1987

AN ACT TO AMEND THE LAND TITLES ACT (Assented to , 1987) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Land Titles Act is amended by this Act. The following is added after

section l(w): (w.l) "residence" means (

i) with respect to an individual, the place where he sojourned for 183 days or more in the previous year; and (ii) with respect to a corporation, the residence deter mined according to the regulations, and "resident" has a corresponding meaning. The following is added after

section 31(2):

(3) The Registrar shall refuse to register the transfer of any land, unless the transfer is accompanied by a statutory declaration in the prescribed form, made by the person in whose name the land will be registered or if it is to be held in trust, by the person who is to be the beneficiary, to the effect that he is (

a) a Canadian citizen resident in Alberta, (

b) a Canadian citizen not resident in Alberta, but resident elsewhere in Canada, (

c) a Canadian citizen resident outside of Canada, 1

Explanatory Notes 1 This Bill will amend

chapter L-5 of the Revised Statutes of Alberta 1980. 2 New definition. 3 Requires a declaration of citizenship and residence by a transferee.

(

d) resident in Alberta, but not a Canadian citizen, (

e) not resident in Alberta, but resident elsewhere in Canada and not a Canadian citizen, or (

f) not a Canadian citizen and not resident in Canada, as the case may be.

(4) Every person who has provided a statutory declaration pursuant to subsection (3) or

section 206 and whose citizenship or residence subsequently changes shall file a notice of the change with the Registrar, in the prescribed form, within 90 days of the change.

(5) A person who fails to comply with subsection (4) or with

section 206(1) is guilty of an offence and liable on sunmiary conviction to a fine of not more than $5000. 4 The following is added at the end of

section 203:

(3) The Lieutenant Governor in Council may make reg ulations providing for the determination of the residence of a corporation for the purposes of sections 31 and 206. 5 The following is added after

section 205: 206(1) Before July 1, 1988, every person being the legal or beneficial owner of land or having a registered interest in any land in Alberta, shall file with the Registrar a statutory declaration in the prescribed form stating (

a) the nature and extent of his interest, and (

b) that he is (

i) a Canadian citizen resident in Alberta, (ii) a Canadian citizen not resident in Alberta, but resident elsewhere in Canada, (iii) a Canadian citizen resident outside of Canada, (iv) resident in Alberta, but not a Canadian citizen, (

v) not resident in Alberta, but resident elsewhere in Canada and not a Canadian citizen, or (iv) not a Canadian citizen and not resident in Canada, as the case may be. 2

4 Authorizes regulations to define residence of a corporation. 5 Requires report of citizenship and residence by all present owners of land and a report by the Registrar of the amount of land held by each category.

(2) Prior to January 1, 1988, the Registrar shall send a notification to all registered owners of land or any registered interest in any land in Alberta, of the provisions of subsection (1), together with a copy of the prescribed form to be used to comply with subsection (1). 207(1) The Registrar shall prepare, no later than January 1, 1989 and every year thereafter, a report showing the total amount of land in Alberta, by area and by the number of lots, that is registered in the name of or held in trust for persons in each of the categories specified in

section 31(3).

(2) On completion the Registrar shall send the report to the Attorney General who shall table it in the Legislative Assembly if it is then sitting and if it is not, within 15 days of the commencement of the next sitting. Title: 1987 (21st, 2nd) Bill 227,

An Act to Amend the Land Titles Act

Document details

Collection	Alberta — Bills
Citation	L21 S2 3132
Type	bill
Volume / chapter	L21 S2 3132
Language	en
Format	json
Source	PROVINCIAL
Identifier	8369ed7473803b83d70a1b7ea2a819571d6f5126

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