Bill 32 (Legislature 11, Session 4)

L11 S4 6943

Alberta — Bills

Bill No. 32 of 1951. A BILL TO AMEND THE BILLS OF SALE ACT. NOTE. This Bill amends The Bills of Sale Act, being

chapter 217 of the Revised Statutes of Alberta, 1942. The effe,ct of the amendments is to enable central regis tration of bills of sale and chattel mortgages covering motor vehicles. The registration of these documents will be effected in the Motor Vehicles Branch of the Department of the Provincial Secretary which is the Branch that ad ministers The Vehicles and HighVJa1! Tra,ffic Act. A similar amendment is being made to The Conditional Sales Act to enable central registration of conditional sales of motor vehi,cles.

Bills of sale and chattel mortgages are normally reg istered only in the registration district in which the chattel is located. However, in the case of a motor vehicle, due to its mobility, registration in one district is not very effective as it can easily be driven into and disposed of in an adjoin ing district where the bill of sale or chattel mortgage is not registered. Under the proposed amendments a search in the Motor Vehicles Branch would reveal a bill of sale or chattel mortgage anywhere in the Province.

Section 2 is amended. A definition of the expression "motor vehicle" is added which corresponds with the de finition found in The Vehicles and Highway Traffic Act. An addition is also made to clause (

h) so that the defini tion of "proper officer" includes the registration clerk in the Motor Vehicles Branch of the Department of the Provincial Secretary. The word "tractor'; is also defined as these vehicles are e~cluded from the definition of a motor vehicle, and a bill of sale of a tractor would be registered in the ordinary way and not with the Provincial Secretary. Two new sections lOa and lOb, are added immediately following

section 10.

Section lOa provides for the registra of a bill of sale that comprises a motor vehicle with the registration -clerk in the Motor Vehicles Branch. The de scription of the motor vehicle in the bill of sale is required to include the engine number and serial number o~ the vehicle. The registration clerk is entitled to refuse regIst~a tion in the case of any bill of sale that does not cOl!lply WIth this requirement. The bill of sale and suppor~In.g docu ments must be filed within twenty-one days after It IS made.

ii

Section lOb deals with a bill of sale that covers a motor vehicle and other personal chattels. In such a case the bill of sale must be registered with the Motor Vehicles Branch insofar as the motor vehicle is concerned and must be registered in the ordinary way insofar as the remaining chattels are concerned. In such a ,case registration in the Motor Vehides Branch alone is sufficient insofar as the motor vehicle is concerned and registration in the ordinary registration district is sufficent insofar as the chattels are concerned.

The Bill ,comes into force on the first day of July, 1951, and applies only in respect of bills of sale made 'on or after that date. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 32 of 1951.

An Act to amend The Bills of Sale Act. (Assented to ,1951.) HIS lVIAJE.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts as follows: ' 1. The Bills of Sale Act, being

chapter 217 of the Re vised Statutes of Alberta, 1942, is hereby amended.

Section 2' is amended,-

Section 2 (

a) by adding immediately after .cJause (

g) the follow- amended ing new clause: " (Igg) 'motor vehicle' means every vehicle propelled "m<?tor by any power other than muscular power ex- vehIcle" cept aircraft, tractors whether equipped with rubber tires or not, tra,ction engines and such motor vehicles as run only upon rails or tracks;" ; (

b) by adding at the end of clause (

h) the words "and includes in respect of a bill of sale of a motor vehicle the registration clerk in the Motor Vehicles Branch of the Department of the Provincial Secretary"; (

c) by adding immediately after clause (

l) the follow ing new clause: "( m) 'tractor' includes any vehicle designed prim- "tractor" arily as a travelling power plant for independ- ent operation or for operating other machines or appliances or designed primarily for draw- ing other vehicles or ma,chines, and not de- signed for ,carrying any load of property or passengers wholly or in part on its structure.". 3. The following new sections 1o.a and lOb are added im- New sections • • 0. lOa and lOb medIately after

sectIOn 1 : "lOa.

(1) Where the bill of sale comprises a motor Ho~ regis vehicle it shall be registered by filing the bill of sale, to- ~fa~~~or gether with such affidavits and documents as are req~ired ~:Pei~l:d by this Act in respect of registration generally, or duplIcate originals or true .copies thereof, in the office of the registra- tion clerk in the Motor Vehicles Branch of the Department of the Provincial Secretary, and thereupon registration shall be deemed to be effected. "

(2) The description of a motor vehicle in a bill of sale Poe~~~r::~~n shall include the engine number and the serial number of engdine . 1 an sena the motor vehicle. number

Registration clerk may refuse registration Time for filing Registration of motor vehicle and personal chattels Omission to register personal chattels not to affect registered motor vehicle Omission to register motor vehicle not to affect registered personal chattels Coming into force 2 "

(3) The registration clerk of the Motor Vehicles Branch of the Department of the Provincial Se,cretary may refuse to register any bill of sale comprising a motor vehicle that does not comply with subsection (2) . "( 4) The bill of sale, affidavits and documents shall be filed under subsection (1), within twenty-one days after the making thereof. "1.0b.

(1) Where a bill of sale comprises a motor vehicle and personal chattels other than motor vehicles, in addition to the registration required by

section lOa the bill of sale shall be registered within the period, in the manner and in the office or offices in which it is otherwise required to be registered under this Act in respect of the other personal chattels comprised therein. "

(2) Where a bill of sale described in subsection (1) is registered under

section lOa in respect of the motor vehicle comprised therein, but is not registered as required by sub section (1) in respect of the other personal chattels com prised therein, nevertheless it shall be deemed for all the purposes of this Act to be sufficiently 'registered in respect of ea,ch motor vehicle comprised therein. "

(3) Where a bill of sale described in subsection (1) is registered as required in subsection (1) in respect of the personal ,chattels comprised therein, other than motor vehicles, but is not registered as required by

section lOa in respect of a motor vehicle, nevertheless it shall be deemed for all the purposes of this Act to be sufficiently registered in respect of all the personal ,chattels comprised therein other than motor vehicles.". 4. This A,ct shall come into force on the first day of July, 1951, and applies only in respect of bills of sale made on or after that date.

No. 32. FOURTH SESSION ELEVENTH LEGffiLATURE 15 GEORGE VI 1951 BILL

An Act to amend The Bills of Sale Act. Received and read the First time ......................................... . Second time .......... . Tlhird time ....................................... . HON. l\1R. GERHART. Title: 1951 (11th, 4th) Bill 32,

An Act to amend The Bills of Sale Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6943
Type	bill
Volume / chapter	L11 S4 6943
Language	en
Format	json
Source	PROVINCIAL
Identifier	90b6efd2e73189dbeed4b4e95dcc60cc980af75d

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