Bill 54 — Fourth Session, 16Th Legislatu1Ie.Ra~ L~Zrljetall the Let:Hslative Assembly of Alberta Bill S4 An Act To Amend the Conditional Sales Act the Attorney General (Legislature 16, Session 4)

L16 S4 4892

Alberta — Bills

1971 Bill 54 Fourth Session, 16th LegiSlatU1ie.rA~ l~zRlJetAll THE LEt:HSLATIVE ASSEMBLY OF ALBERTA BILL S4

An Act to amend The Conditional Sales Act THE ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . ...... . Second Reading ............................ . Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 54 1971

AN ACT TO AMEN1)Y THE CONDITIONAL SALES ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Conditional Sales Act is hereby amended.

Section 5 is amended by striking out subsections (2) and (3) and by substituting the following:

(2) The description of a motor vehicle, aircraft or trailer in a conditional sale agreement shall include the serial number of the motor vehicle, aircraft or trailer.

(3) The description of oil well drilling equipment in a conditional sale agreement shall be such that the oil well drilling equipment is readily and easily known and dis tinguishable.

Section 18, subsection (1) is amended by striking out the words "a person demanding it" and by sub.~tituting the words "the buyer or bailee". 4. The following

section is added after

section 18: 18.1

(1) In this section, (a) "consumer purchase" means a purchase, other than a cash purchase, of goods or services or an agree ment to purchase goods or services (

i) by an individual other than for resale or for use in the course of his business, profession or calling, and (ii) from a person who is engaged in the business of selling or providing those goods or services; (b) "time sales agreement" means (

i) an agreement for sale under which the right o,f property in the goods remains in the seller untIl the purchase price is paid in full or until some other condition is fulfilled, (ii) a sale effected by way of a lien note or by way of any agreement or arrangement made at the

Explanatory Notes I. This Bill amends

chapter 61 of the Revised Statutes of Alb erta 1970.

Section 5, subsections (2) and (3) presently read:

(2) The description of a motor vehicle in a conditional sale agreement shall include the serial number of the motor vehicle.

(3) The description of an aircraft, trailer or .oil well drilling equip ment in a conditional sale agreement shall be such that the aircraft, trailer or the oil well drilling equipment may be readily and easily known and distinguished.

Section 18, subsection (1) presently reads: 18.

(1) The seller lor bailor on payment or tender of the amount due in respect of the goods or on performance of the oonditi.ons of the sale or bailment shall sign and deliver to a person demanding it a memor andum in writing stating that his claims against the goods are satisfied and the memorandum thereupon operates to divest the seHer or bailor of any further interest or right of possess.ion, if any, in the goods. 4. This amendment is designed to complement

an Act to amend The Bills of ,Exchange Act (Bill C-208), proclaimed in force Nov ember 1, 1970. The federal Act permits a buyer to raise any defence against the holder of 'a bill of exchange which could be ,raised against .the seller. This -amendment is to achieve the same result in an a'ction on the contract and to prevent sellers contracting out of the legislative protection, since these matters are of provincial jurisdiction.

time of the sale or subsequent thereto whereby the buyer gives to the seller a chattel mort gage or a bill of sale covering the whole or part of the purchase price of the goods sold, and (iii) a sale made pursuant to a contract of bailment under which it is intended that the property in the goods will pass to the bailee on the payment of the purchase price in whole or in part or on the performance of a condition.

(2) The right of an assignee of the seller under a time sales agreement made in respect of a consumer purchase, to have the whole or any part of the agreement performd by the buyer is no greater than that the seller would have had in any action on the agreement and the assignee is subject to the same obligations, duties, liabilities and defences, othr,r than counter-claim, as the seller would have been.

(3) Any portion of a time sales agreement which (

a) purports in any manner to limit or render inapplic able, or (

b) has the effect of in any manner limiting or render ing inapplicable the application of subsection (2) is contrary to public policy and void. 5. This Act comes into force on the day upon which it is assented to. 2

2 Title: 1971 (16th, 4th) Bill 54,

An Act to amend The Conditional Sales Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4892
Type	bill
Volume / chapter	L16 S4 4892
Language	en
Format	json
Source	PROVINCIAL
Identifier	acd4d3fc9795234f3de02301556ec2fdc8da4e5d

Source file is stored in the law ingest library (json).