Bill 63 (Legislature 20, Session 1)

L20 S1 3683

Alberta — Bills

1983 BILL 63 First Session, 20th Legislature, 32 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 63 REAL PROPERTY STATUTES AMENDMENT ACT, 1983 (NO. 2) THE ATTORNEY GENERAL First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

Bill 63 BILL 63 1983 REAL PROPERTY STATUTES AMENDMENT ACT, 1983 (NO. 2) (Assented to , 1983) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows: Land Titles Act 1(1) The Land Titles Act is ameruied by this Act.

(2) Section 170(1) is repealed arui the following is substituted: 170(1) If the Attomey General is satisfied that a claim that is or might be the subject of an action for damages against the Regis trar as a nominal defendant under this Act or the Dower Act is weU founded, (

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

b) in the case of a claim for more than $5000, the Lieutenant Govemor in CouncU, on the recommendation of the Attor ney General, may direct the payment of the claim together with a reasonable sum for costs incurred in the making ofthe claim. Law of Property Act 2(1) The Law of Property Act is amended by this Act.

(2) Section 39 is amended (

a) in subsection (3) by striking out ", without charge, to him or a person designated by him" and substituting "to him or a person designated by him, without charging any fee or expense for so domg," (

b) by adding the following after subsection (5):

(6) A mortgagee or vendor who

Explanatory Notes Land Titles Act 1(1) This Bill will amend

chapter L-5 ofthe Revised Statutes of Alberta 1980.

(2) Section 170 presently reads: 170(1) The Attorney General on being satisfied that any claim that might, under this Act or under the Dower Act, be the subject of an action for damages against the Registrar as a nominal deferuiant is well founded may issue a certificate to that effect, arui thereupon the Lieutenant Gov ernor in CouncU may direct the payment ofthe claim out ofthe assurance fund, together with a reasonable sum for costs incurred in making the claim.

(2) When any amount is paid out ofthe assurance furui, it shall be deemed to have been paid on account of such person as the Attorney General may direct, and the amount may be recovered from that person in the manner directed by

section 172. Law of Property Act 2(1) This Bill will amend

chapter L-8 ofthe Revised Statutes of Alberta 1980.

(2) Section 39(2), (3) and (4) presently read:

(2) The mortgagor or purchaser may, by notice in writing, require the mortgagee or vendor to furnish him with a statement in writing (

a) ofthe nature ofthe breach of any covenant, or (

b) ofthe amount of principal or interest with respect to which the mortgagor or purchaser is in default. Explanatory Notes

(

a) faUs to answer, as required by subsection (4), a notice given by a mortgagor or purchaser under subsection (2) or (3), or (

b) charges or attempts to chaise any fee or expense or accepts any amount for providing a statement referred to in subsection (3), is guUty of an oflfence and Uable to a fine of not more than $500.

(3) Section 43 is amended (

a) by adding the following after subsection (1);

(1.1) Notwithstanding subsection (1), sections 41 and 42 apply to any action on (

a) a mortgage of land, whether legal or equitable, given by a corporation, or (

b) an agreement for sale of land to a corporation, made before or after the coming into force of this subsection and that is brought against an individual who is (

c) a transferee of land that is subject to that mortgage, or (

d) an assignee of a purchaser's interest under that agree ment for sale of land, whether the transfer or assignment was made before or after the coming into force of this subsection.

(1.2) Any waiver or release ofthe rights, benefits or protec tion given by subsections (1.1) and (3) is against pubhc poUcy and void. (

b) in subsection (2) by adding "and subsections (1.1) and (3) of this section" after "and 42"; (

c) by adding the following after subsection (2):

(3) Where (

a) an individual is (

i) a transferee of land that is subject to a mortgage given by a corporation, or

and ofthe amount of any expenses necessarily incurred by the mortgagee or the verdor

(3) A mortgagor or purchaser may, not more than twice a year by notice in writing to the mortgagee or vendor require the mortgagee or vendor as the case may be, to furnish, without charge, to him or a person designated by him a statement in writing setting out with respect to the mortgage or agreement for sale (

a) the amount of principal, interest arui any other charges owing, and (

b) the balance in the tax account.

(4) The mortgagee or vendor shall answer a notice given uruler subsection (2) or (3) within 15 days after he receives it arui if, without reasonable excuse, he fails to do so or his answer is incomplete or incorrect, any rights that he may have for the enforcement ofthe mortgage or for the cancel lation or specific performance ofthe agreement for sale are suspended until he has complied with the notice.

(3) Section 43 presently reads: 43(1) Sections 41 and 42 do not apply to a proceeding for the enforcement of any provision (

a) of an agreement for sale of larui to a corporation, or (

b) of a mortgage given by a corporation.

(2) Sections 41 and 42 do not apply to a mortgage given to secure a loan under the National Housing Act. R.S.C. 1952. c.l88 or the National Hous ing Act. R.S.C. 1970. c.N-10. Explanatory Notes

(ii) an assignee of a purchaser's interest under an agreement for sale of land to a corporation, and (

b) before the coming into force of this subsection an ac tion was brought against that individual (

i) on that mortgage or on that agreement for sale, and (

U) in respect of that action no order nisi, in the case ofthe mortgage, or no order for specific performance, in the case ofthe agreement for sale, has been granted as ofthe coming into force of this subsection, then after the coming into force of this subsection no judg ment or order shaU be granted in that action in respect of any ofthe covenants or damages referred to in

section 41(l)(

a) to (c), and sections 41 and 42 apply to the action.

(4) The following is added after

section 43; 43.1(1) No action shaU be brought against any individual who is a transferee of land that is subject to a mortgage, whether the transfer was made before or after the coming into force of this section, on the basis of (

a) a covenant for payment referred to in

section 62(1) ofthe iMrui Titles Act, or (

b) any obhgation that exists at law, in equity or by agree ment tiiat is in substance the same as a covenant referred to in clause (a).

(2) Any waiver or release of the rights, benefits or protection given by subsections (1) and (4) is against pubhc poUcy and void.

(3) This

section does not apply in respect of a mortgage given to secure a loan under the National Housing Act, R.S.C. 1952, c.l 88 or Xht National Housing Act, R.S.C. 1970, c.N-10.

(4) Where (

a) an mdividual is a transferee of land that is subject to a mortgage, and (

b) before the coming into force of this

section an action was brought against that individual on the basis of (

i) a covenant for payment referred to m

section 62(1) of the Larui Titles Act, or (

U) any obhgation that exists at law, in equity or by agree ment that is m substance the same as a covenant referred to in subclause (i).

(4) Section 62(1) ofthe Land Titles Act reads as follows: 62(1) In every instrument transferring larui for which a certificate of title has been granted, subject to mortgage or encumbrance, there shad be implied the following covenant by the transferee both with the transferor arui the mortgagee: That the transferee will pay the principal money, in terest, annuity or rent charge secured by the mortgage or encumbrance, after the rate arui at the time specified in the instrument creating it, arui will indemnify arui keep harmless the transferor from and against the principal sum or other money secured by the instrument and from arui against the liability in respect of any ofthe covenants therein contained or under this Act implied on the part ofthe transferor ExDlanatorv Notes

and in respect of that action no judgment has been granted as of the coming into force of this section, then after the coming into force of this

section no judgment shaU be granted in that action in respect of any covenant or obhgation referred to in clause (b).

(5) Section 65.1 is amended by cuiding the following after subsection (2):

(3) A mortgagee who (

a) faUs to comply with subsection (1), or (

b) charges or attempts to charge any fee or expense or ac cepts any amount for fiimishing a discharge of mortgage or other document tmder subsection (1), is guUty of an oflfence and Uable to a fine of not more than $500. In accordance with

section 4(1) ofthe

Interpretation Act, this Bill comes into force on the date it receives Royal Assent.

(5) Section 65.1 presently reads: 65.1(1) When a mortgage is fully paid the mortgagee shaU furnish to the mortgagor within 30 days ofthe mortgage being fully paid, (

a) a discharge of mortgage, and (

b) any other document, if any. required to enable the mortgage to be discharged. that is in a form and contains the information satisfactory to the Registrar.

(2) No fee or expense shaU be charged by a mortgagee for a discharge of mortgage and other document, if any. furnished under subsection (1). Explanatory Notes Title: 1983 (20th, 1st) Bill 63, Real Property Statutes Amendment Act, 1983 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L20 S1 3683
Type	bill
Volume / chapter	L20 S1 3683
Language	en
Format	json
Source	PROVINCIAL
Identifier	95e57058334695571002c774bc737da3df5ad99c

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