Bill 57 (Legislature 11, Session 5)

L11 S5 6854

Alberta — Bills

Bill N'O. 57 'Of 1952. A BILL TO AMEND THE CONDITIONAL SALES ACT. NOTE. This Bill amends The Conditional Sales Act being

chapter 219 'Of the Revised Statutes 'Of Alberta, 1942. ' The Conditional Sales Act was amended in 1951 to pro vide f'Or the central registration of conditi'Onal sales agree ments made within the Pr'Ovince and comprising motor vehicles, in the 'Office of the registrati'On clerk in the Mot'Or Vehicle Branch.

Section la is amended. Mot'Or Vehicle B~anch is defined in clause (aa) t'O mean the Department 'Of the PrQvincial G'Overnment charged with the administration 'Of The Vehi cles and Highway Traffic Act. Clause (

b) is amended tQ make the "registrati'On clerk" under the Act mean the registration clerk with respect t'O c'Onditi'Onal sales agree ments o'Omprising aircraft, 'Or any oil well drilling equip ment, that is, the registratiQn clerk in the M'Ot'Or Vehicle Branch.

Section 3a is amended. The amendment pr'Ovides that conditional sales 'agreements c'Omprising aircraft or 'Oil well drilling equipment shall be registered in a central registry. Such agreements are t'O be dealt with in the same manner as c'Onditional agreements comp~ising mQt'Or vehi cles. This sectiQn is also amended by striking 'Out certain w'Ords which are n'Ow unnecessary, and by striking out the requirement that the descripti'On 'Ofa motor vehicle in a c'Onditional sale agreement shall include the engine number.

Secti'On 3b is amended t'O make it conform tQ the amend ment to secti'On 3a with respect t'O the addition of c'Onditi'Onal sales agreements cQmprising aircraft and 'Oil well drilling equipment t'O those agreements which will be registered in a cent~al registry.

Section 11 is struck 'Out and a new secti'On is substituted.

Section 11 deals with the bringing int'O the Province of goods which are the subject 'Of a conditional sales agree ment executed without the Province. The secti'On is amended to make it clear that a cQnditional sales agreement executed with'Out the Province and comprising a m'Otor vehicle, an aircraft 'Or any 'Oil well drilling equipment is to be registered in the office "Of the registration clerk in the MotQr Vehicle Branch when the motor vehicle aircraft Dr 'Oil well drilling equipment, after the executio~ of the conditional sales agreement, is brought into the Province.

Section 19 is amended. The fee f'Or registration of a conditional sales agreement is increased to fifty cents from twenty-five cents. The fee for a certific1ate is increased to fifty cents from twenty-five cents 'and a fee of twenty-five cents is authorized to' be charged for the production of a document for inspection. This amendment is for the purpose of m'aking the fees charged under this Act similar to the fees charged under The Bills of Sale Act for the same service. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 57 of 1952.

An Act to amend The Conditional Sales Act. (Assented to , 1952.) HER MAJESTY, by and with the advice and c'Onsent of the Legislative A'Ssembly of the Province of Alberta enacts as follows: ' 1. The Conditional Sales Act, being

chapter 219 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 1a is amended,-

Section let amended (

a) by adding immediat€ly after clause (

a) the follow- ing new clause: " (aa) 'Motor Vehicle Branch' means the Motor Vehi- "Motor' cle Branch 'Of the Department of the Pr'Ovincial ;;~~~~~ .. Government charged with the administration of The Vehicles and Highway Traffic Act;"; (

b) by adding immedi 1 ately after the words "motor vehicle," where they occur in clause (b), the words "an aircraft 'Or any oil well drilling equipment," ; (

c) by striking out the words "of the Department of the Provincial Secretary", where they occur in clause (b).

Section 3a is amended,-

Section 3ct • amended (

a) by striking out the words "a motor vehIcle" where they occur in subsecti'On (1), and by substituting the words "any motor vehicle, aircraft or oil well drilling e'quipment"; (

b) by adding immediately after the words "the motor vehicle" where they occur in subsection (1), the words", aircraft or oil well drilling equipment" ; (

c) by striking out the words "of the Department of the P~ovincial Secretary," where they 'Occur in sub

section ( 1) ; (

d) by striking 'Out the words' "the engine number and" where they occur in subsection (2); (

e) by adding immediately after subsection (2) the following new 'Subsection: " (2a ) The description of an aircraft or oil well drilling equipment in a conditi'Onal sales agreement shall be such that the aircraft 'Or the oil well drilling equipment may be readily and easily known and distinguished." ;

Section 3b amended

Section 11 amended Permanent removal of goods into Province (f) (g) (h) 2 by adding immediately 'after the wor~s "3 motor vehicle" where they occur in subsection (3), the words ", an aircraft Dr any oil well drilling equip ment" ; by striking out the words "of the Department of the Provincial Secret;ary" where they occur in sub section (3); by adding at the end of subsection (3) the words and figure "or subsection (2a)". -'1-.

Section 3b is amended,- (

a) by adding immediately after the' words "a motor vehicle" where they occur in subsection (1), the words ", an aircraft or any oil well drilling equip ment" ; (

b) by adding immediately after the words "motor vehicles," where they occur in subsection (1), the words "aircraft or Gil well drilling equipment,"; (

c) by adding immediately after the words "the motor vehicle" where they occur in subsection (2), the words ", aircraft or oil well drilling equipment" ; (

d) by striking nut the words "each motor vehicle" where they occur in subs,ection (2) and by sub stituting the words "the motor vehicle, aircraft or oil well drilling equipment" ; (

e) by adding immediately after the words "motor vehicles" wherever they occur in subsection (3) the words "aircraft or oil well drilling equipment"; (

f) by adding imrI1ediately after the words "a motor vehicle," where they occur in subsection (3) the words "an aircraft 'Of any oil well drilling equip ment,".

Section 11 is struck Gut and the following is substituted: "11.

(1) In the event of the permanent removal into the Province of goods or chattels of the value of fifteen dollars or over, subject to an agreemellt made or executed without the Province that the right of property or right of possession in whole or in part shall remain in the seller or bailor, notwithstanding that the actual possession of the goods or chattels passes to the buyer or bailee, then, unless the agreement,- ~(

a) contains such a description of the goods or chattels, the subject of the sale or bailment, that the same may be readily and easily known and distinguished; " (

b) is registered as required by subsections (2), '""(3) or (4) by filing a copy of the agreement and of the affidavits and instruments relating thereto,

3 proved to be a true copy by the affidavit of some pe!s.on who has compared the same with the orIgInal; the seller 'Or bailo:r shall not be p~rmitted to set up any right of property or rIght of posseSSIon in or of the said goods or chattels as against the creditors 'Of the buyer or bailee ~ trustee in bankruptcy, a liquidator in winding-up proceed~ Ings, subsequent purchasers 'Or mortgagees in good faith for valuable c,onsid~ration whose c'Onveyances Dr mortgages have been duly regIstered or are valid without registration 'Or as against judgments, executi'Ons 'Or attachments against the buyer or bailee. "

(2) Where a conditional sales agreenlent cDmprises a Registration motor vehicle, an aircraft or any oil well drilling equipment, it shall be registered in the office of the registration clerk in the Motor Vehicle Branch within twenty-one days after the seHer 'Or bailor receives notice of the permanent removal into the Province of the motor vehicle, aircraft or oil well drilling equipment c'Omprised in the agreement. "

(3) Where a conditional sales agreement comprises goods or chattels 'Other than a m'Otor vehicle, an aircraft 'Or any oil well drilling equipment, it shall be registered in the office of the registrati'On clerk of the district to which the goods or chattels are permanently removed within thirty days after the seller or bailor has received notice of the place to which the goods or chattels have been removed. "

(4) Where a conditional sales agreement comprises a motor vehicle, an aircraft or any oil well drilling equipment and goods ,or chattels other than a motor vehicle, an aircraft or any 'Oil wen drilling equipment, it shall be registered as required by subsection (2) in respect of any motor vehicle, aircraft or oil well drilling equipment comprised therein, and :as required by subsection (3) in respect of any goods or chattels ,other than any motor vehicle, airc,raft or oil well drilling equipment comprised therein. "

(5) Where a conditional S'ales agreement described in subsection (4) is registered in accordance with subsection (2) in respect of any, m'Otor vehicle, aircraft or oil well drilling equipment comprised therein, but is not registered in accordance with subsection (3) in re1spect of other goods Dr chattels comprised therein, nevertheless it shall be deemed for all the purposes of this Act to be sufficiently registered in respect 'Of any motor vehicle, aircraft or oil well drilling equipment comprised therein. ,. (6 ) Where a conditional sales agreement described in subsection (4) is registered in accordance with subsection (3) in respect of the g.oods or chattels comprised therein, other than a motor vehicle, an aircraft Dr any oil well drill ing equipment, but js not registered in accordance with sub section (2) in respect of the motor vehicle, aircraft or oil well drilling equipment, nevertheless it shall be deemed for all the purposes of this Act to be sufficiently registered in

Section 19 amended Registration fees Coming into force 4 respect of the goods or chattels comprised therein, other than the motor vehicle, aircraft or oil well drilling equip ment.".

Section 19 is struck out and the following is substituted: "19. The registration clerk m'ay charge the following fees, that is to say: "For each registration , " '" $0.50 "For each search .. ,...... .. .......... ,.... 0.25 "For copies of documents, per 100 words"" 0.10 "For each certificate ,,' .... , .......... , 0.50 "For production of a document for inspection .. , ................ " 0.25" 7. This Act shall come into force on the day upon which it is assented to.

No. 57. FIFTH SESSION ELEVENTH LEG~LATURE 1 Elizabeth II 1952 BILL

An Act to amend The Conditional Sales Act. Received and read the First time ................................... . Second time ..... Third time .. HON. MR. GERHART. Title: 1952 (11th, 5th) Bill 57,

An Act to amend The Conditional Sales Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6854
Type	bill
Volume / chapter	L11 S5 6854
Language	en
Format	json
Source	PROVINCIAL
Identifier	9252100b48746b80cd316ee5ee6cbc1a2de62c9a

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