1983 BILL 27 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 27 CHATTEL SECURITY REfSISlTRIE^ACT THE ATTORNEY QENERiAl^ First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 27 BILL 27 1983 CHATTEL SECURITY REGISTRIES ACT (Assented to , 1983) TABLE OF CONTENTS

Definitions Central Registry and Vehicle Registry continued Registrar and deputy registrars Registration Refusal to register Payment of fees Microfilm Searches Financial interest statements Effect of financial interest statement Chattel Security Registries Assurance Fimd Claim against Assurance Fund Payment of claim Payment of judgment Assignment of judgment to Provincial Treasurer Limitation on liabiUty Regulations Consequential amendments Repeal Commencement

Section No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 to 29 30 31 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "amending financial interest statement" means an amending financial interest statement referred to in

section 9; (b) "authorizing Act" means

an Act designated as an authorizing Act in the regulations; (c) "financial interest statement" means a financial interest state­ ment referred to in

section 9; (d) "Fund" means the Chattel Security Registries Assurance Fund; (e) "register" includes "file";

Central Registry and Vehicle Registry continued Registrar and deputy registrars Registration Refusal to register Payment of fees Microfiliti (f) "Registrar" means the Registrar of Personal Property desig­ nated under

section 3(1) and includes a deputy registrar desig­ nated under

section 3(2); (g) "registry" means (

i) the Central Registry, or (

u) the Vehicle Registry. 2(1) The Central Registry and Vehicle Registry are continued under the direction and supervision of the Registrar of Personal Property

(2) The Registrar of Personal Property shall have a seal of office in the form prescribed by the Attorney General with respect to each of the Central Registry and the Vehicle Registry. 3(1) The Attorney General may designate in writing an employee under his administration as the Registrar of Personal Property.

(2) The Registrar of Personal Property may designate in writing em­ ployees under the administration of the Attorney General as deputy registrars and may specify their powers and duties. 4(1) A document that is authorized under an authorizing Act or this Act to be registered in a registry may be submitted for registration at any ofl&ce of the registry that is specified by the Attorney General as an office where such a document may be submitted for registration.

(2) Registration of a document in a registry is effective only from the time it is recorded in the office designated by the Attorney Gen­ eral as the central office of the registries and assigned an appropriate registration number.

(3) When a document is recorded in the central office and assigned a registration number, the Registrar shall endorse the document with its registration number and a memorandum of the date, hour and minute of its registration. 5 The Registrar may refuse to register a document submitted for registration in a registry if it does not, in his opinion, comply with this or an authorizing Act or the regulations under this or an author­ izing Act. 6 The Registrar shaU not register a document in a registry or make a search under

section 8 untU the fees payable in respect of the registration or search, as the case may be, have been paid or, pur­ suant to an agreement entered into under the regulations made under

section 17(

k) and (1), charged to the account of the person who is submitting the document for registration or requesting that the search be made. 7 When a document is registered in a registry, the Registrar may have the document photographed on microfilm and returned to the person who submitted it for registration and a document on micro-

Searches Financial interest statements Effect of financial interest statement film is for aU purposes deemed to be a document registered in the registry. 8(1) A person may, in accordance with the regulations, request at a registry (

a) that a search of the Central Registry be made against the name of a debtor, (

b) that a search of the Vehicle Registry be made (

i) according to a serial number, or (

u) in the case of a search relating to oU weU driUing equip­ ment or rolling raUway stock, against the name of a debtor, (

c) that a certificate as to the results of a search mentioned in clause (

a) or (

b) be issued, or (

d) that a certified copy of any registered document be provided.

(2) If approved by the Attorney General, searches may be requested and provided in a manner other than that described in subsection (1).

(3) A printed search result issued under subsection (l)(

c) and certi­ fied by the Registrar is receivable in evidence as prima facie proof of its contents without proof of the signature or official position of the Registrar.

(4) A copy of a registered document certified by the Registrar shaU, without proof of the signature or official position of the Registrar, be admitted in evidence as prima facie proof for all purposes as if the registered document were produced.

(5) The date and time of the registration of a document as shown on a certificate issued under subsection (3) or (4) is prima facie proof as to the date and time of the registration of the document. 9 Notwithstanding any other Act, the Lieutenant Governor in CouncU may by regulation require that a document submitted for registration in a registry be accompanied by a financial interest state­ ment or an amending financial interest statement in the form pre­ scribed by the regulations. 10(1) The effective time of registration of a document that is accom­ panied by a financial interest statement or amending financial inter­ est statement shaU be based on the effective time of registration of the financial interest statement or amending financial interest state­ ment and not of the document to which the statement relates.

(2) If the information contained in a document is different or varies from the information contained in the financial interest statement or amending financial interest statement registered in respect of that document, the information contained in the financial interest state-

Chattel Security Registries Assurance Fund Claim against Assurance Fund ment or amending financial interest statement prevaUs as against the information contained in the document.

(3) Information contained in a certificate issued under

section 8 shall be based on the information contained in the financial interest state­ ment or amending financial interest statement and not on the infor­ mation contained in the document to which the statement relates.

(4) A financial interest statement or amending financial interest statement is not invalid by reason only of a defect, error or omission in the statement or in the execution of it unless, in the opinion of a court before which the defect, error or omission is in issue, the defect, error or omission has misled a person whose interests are affected by the statement.

(5) For the purposes of this or any other Act or proceedings in a court, a financial interest statement or amending financial interest statement shaU be treated in the same manner as a document regis­ tered or submitted for registration in a registry. 11(1) The Central Registry Assurance Fund is continued as the Chat­ tel Security Registries Assurance Fund.

(2) The Fund shaU be held and administered by the Provincial Treas­ urer and the portion of the registration fee prescribed by the regula­ tions for each document that is to be registered in a registry under this or an authorizing Act shall be paid over to the Provincial Treas­ urer at the times and in the manner he directs.

(3) When the Fund exceeds $25 000, any part of the Fund in excess of that figure may, at the direction of the Provincial Treasurer, be invested in (

a) bonds or debentures issued by the Government of Canada, or (

b) bonds or debentures guaranteed as to the payment of princi­ pal and interest by the Government of Canada or the Govern­ ment of Alberta.

(4) When the Fund exceeds $100 000, any amount in the Fund in excess of that figure may, at the direction of the Lieutenant Governor m CouncU, be transferred to the General Revenue Fund. 12(1) Any person sustaining loss or damage through an omission, mistake or misfeasance of the Registrar or a registration clerk of a registry in the execution of his duties under this Act or an authorizing Act may bring an action against the Crown in right of Alberta for the recovery of damages.

(2) No action for damages under this Act shaU be brought against the Crown unless it is commenced within 3 years from the date when the cause of action arose.

(3) No payment shaU be made pursuant to

section 14 of an amount greater than $100 000 in respect of any omission, mistake or mis-

feasance of the Registrar or a registration clerk of a registry, as the case may be. Payment of claim 13 If the Attomcy General is satisfied that a claim that is or might be the subject of an action for damages against the Crown under this Act is weU founded (

a) in the case of a claim for $5000 or less, the Attorney General may direct the payment of the claim together with a reasonable sum for costs incurred in the making of the claim, and (

b) in the case of a claim for more than $5000, the Lieutenant Governor in CouncU, on the recommendation of the Attorney General, may direct the payment of the claim together with a reasonable sum for costs incurred in the making of the claim. Payment of judgment 14 The Provincial Treasurer shaU pay the amount of any judgment recovered against the Crown under

section 12 and of any claim and costs directed to be paid under

section 13 (

a) out of the Fund, and (

b) to the extent that the Fund is insufficient for that purpose, out of the General Revenue Fund. Assignment of judgment to Provincial Treasurer Limitation on liability Regulations 15 On payment of the amount of a judgment, the Provincial Treas­ urer is entitled to assignment of the judgment as against any other defendant found liable by the court for the loss sustained and is subrogated to all the rights of the person entitled to the judgment. 16 The Crown is not under any circumstances liable for compen­ sation for loss or damage (

a) occasioned by the plaintiffs breach of trust, whether express, impUed or constructive, (

b) by reason of the improper use of the seal of a corporation or the want of capacity in a corporation to deal with the property or interest involved or to execute or take the benefit of the doc­ ument registered, (

c) by reason of the registration of a document executed by a person under legal disabiUty, unless the fact of the disabUity is disclosed on the face of the document, or (

d) sustained through an omission, mistake or misfeasance of the Registrar or an official of the Central Registry in respect of any document deemed to be registered in the Central Registry by virtue of

section 19 of

chapter 12 of the Statutes of Alberta, 1966. 17 The Lieutenant Governor in Council may make regulations (

a) designating authorizing Acts for the purpose of

section 1(b); (

b) prescribing the documents that may be registered in a regis­ try;

(

c) prescribing those documents submitted for registration in a registry that (

i) shall be accompanied by a financial interest statement or an amending financial interest statement, or (ii) may be accompanied by a financial interest statement or an amending financial interest statement; (

d) prescribing the form of and the information to be contained in documents, financial interest statements and amending finan­ cial interest statements submitted for registration in a registry and in certificates issued by a Registrar, (

e) governing the grounds on which the Registrar may refuse to register a document, financial interest statement or amending financial interest statement; (

f) prescribing the manner of indexing documents, financial in­ terest statements and amending financial interest statements in a registry; (

g) providing for the manner of registration of documents, finan­ cial interest statements and amending financial interest state­ ments in a registry; (

h) prescribing the manner in which searches may be made or information obtained in respect of documents, financial interest statements or amending financial interest statements registered in a registry; (

i) governing registration fees and service fees payable under this or an authorizing Act; (

j) prescribing the portion of the registration fees that is to be paid into the Fund; (

k) authorizing the Registrar to enter into agreements whereby any fees payable by a person under this or an authorizmg Act may be charged on a continuing basis to that person's account; (1) governing agreements for chargmg fees under clause (k). Consequential Amendments f98o"cA-47^ "^^^^^ ^^^ "^^^^Snment of Book Debts Act is amended by this section.

(2) Section 1 is amended (

a) in clause (

f) by striking out "constituted"; (

b) in clause (

i) by striking out "the registrar of the Central Re­ gistry" and substituting "the Registrar of Personal Property des­ ignated under the Chattel Security Registries Act and mcludes a deputy registrar designated under that Act".

Amends RSA 1980cB-5 Amends RSA 1980cC-21 Amends RSA 1980cG-l

(3) Section 14 is repealed. A9(

l) The Bills of Sale Act is amended by this section.

(2) Section 1 is amended (

a) in clauses (

b) and (

p) by striking out "constituted"; (

b) by repealing clause (k); (

c) by adding the following after clause (I): (1.1) "registrar" means the Registrar of Personal Property designated under the Chattel Security Registries Act and in­ cludes a deputy registrar designated under that Act; (3) Sections 5(3), 15(2), 16(5), 28, 29 and 32(

a) are repealed. (4)

Section 9(3) is amended by striking out "registration clerk in the Vehicle Registry" arui substituting "registrar".

(5) Section 19(1) is amended by striking out "proper officer, a regis­ tration clerk oif the Central Registry" and substituting "registrar or a registration clerk of a registry". 20f/j The Conditional Sales Act is amended by this section.

(2) Section 1 is amended (

a) in clauses (

a) and (

e) by striking out "constituted"; (

b) by adding the following after clause (c): (c.l) "registrar" means the Registrar of Personal Property designated under the Chattel Security Registries Act and in­ cludes a deputy registrar designated under that Act;

(3) Section 4(4) is amended by striking out "registration clerk of the Vehicle Registry" and substituting "registrar" (4) Sections 8(2), 10, 19 and 21(

b) are repealed.

(5) Section 20 is amended by striking out "of the Central Registry, the registration clerk in the Vehicle Registry" and substituting "of a registry". 2\

(1) This

section amends the Garagemen's Lien Act.

(2) Section 1(

d) is amended by striking out "constituted".

(3) Section 4 is ameruied (

a) by striking out "the Vehicle Registry" and substituting "Per­ sonal Property designated under the Chattel Security Registries Act"; (

b) by striking out "Registry" and substituting "Vehicle Registry".

Amends RSA l980cH-2 Amends RSA 1980cI-5 Amends RSA 1980 cL-10 Amends RSA 1980cM-9 Amends RSA 1980cM-22 Amends RSA 1980 cP-2 Amends RSA 1980cS-ll

(4) Section 12(

b) is repealed. 22(1) This

section amends the Harvesting Liens Act.

(2) Section 7 is amended (

a) by striking out "registrar of the Central Registry" and substi­ tuting "Registrar of Personal Property designated under the Chat­ tel Security Registries Act"; (

b) by repealing clause (c). 2Z(1) This

section amends the Insurance Act.

(2) Section 541(16)(

b) is amended by striking out "registrar of the Central Registry" and substituting "Registrar of Personal Property designated imder the Chattel Security Registries Act". 2A(1) The Legislative Assembly Act is ameruied by this section.

(2) Section 10(v)(iii) is ameruied by striking out "Central Registry" and substituting "Chattel Security Registries" 2S(1) The Matrimonial Property Act is ameruied by this section.

(2) Sections 23 and 26(

a) and (

b) are amended by striking out "con­ stituted". 26(1) The Motor Vehicle Administration Act is amended by this sec­ tion.

(2) Section 93(4) is amended by striking out "of the Department of the Attorney General" and substituting "under the Chattel Security Registries Act". 27(1) The Partnership Act is amended by this section.

(2) Section 1(

b) is amended by striking out "estabUshed" (3) Sections 51(3) and 70(2) are amended by striking out "the Central Registry" and substituting "Personal Property designated under the Chattel Security Registries Act'! 28(1) The Seizures Act is amended by this section.

(2) Section 8(3) is amended by striking out "book" and substituting "record'! Amends RSA 1980 cT-9 29(1) The Trust Companies Act is amended by this section. (2) Sections 148(15)(

b) and 151(l)(

d) are amended by striking out "registrar of the Central Registry" and substituting "Registrar of Per­ sonal Property designated under the Chattel Security Registries Act".

Repeal and Commencement Repeals RSA 30(1) The Chattel Security Registries Act, being

chapter C-7 of the CSPP'/ *"'* Revised Statutes of Alberta 1980, is repealed on Proclamation.

(2) The Chattel Security Statutes Amendment Act, being

chapter 4(Supp.) of the Revised Statutes of Alberta 1980, is repealed. Coming into 31 TMs Act comcs into force on Proclamation. force Title: 1983 (20th, 1st) Bill 27, Chattel Security Registries Act