Bill 78 (Legislature 9, Session 1)
L9 S1 7887
Alberta — Bills
Bill No. 78 of 1941. A BILL TO AMEND THE LIMITATION OF ACTIONS ACT NOTE. This Bill changes the period within which an action must be brought upon judgments, mortgages and agreements of sale from "ten years" to "six years". To prevent any preju dice to persons whose right of action might be already bar red,
section of the Bill extends the time for bringing action to a period of one year unless the right of action would expire within that year under the former law. The purpose of
section of the Bill is to exclude taxes from the operation of the Act.
Section of the Bill prevents the time running (against the creditor) during which proceedings are stayed under The Farmers' Creditors Arrangement Act, 1934 (Canada). W. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL No. 78 of 1941.
An Act to amend The Limitation of Actions Act. (Assented to , 1941.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: ~. This Act may be cited as "The Limitation of Actions Act, 1935, Amendment Act, 1941." 2. The Limitation of Actions Act, 1935, being
chapter of the Statutes of Alberta, 1935, is hereby amended as to
section by striking out the words "within ten years", where they appear in paragraph (
i) of subsection (1) thereof, and by substituting therefor the words "within six years". 3. The said Act is further amended by inserting imme diately after
section 3a the following new section: "3b. This Act shall not apply to any action or other pro ceedings for the recovery of taxes, or penalties or interest on taxes." 4. The said Act is further amended as to sections 32, 33, 34, 35, 36 and by striking out the words "ten years", where the same occur in the said sections, and by substitut ing therefor the words "six years". 5. The said Act is further amended by inserting imme diately after
section the following new section: "47a. Notwithstanding anything contained in this Act, in calculating the time within which any action or other proceedings must be commenced under this Act, the period during which the proceedings are stayed and the period during which a debtor is not in default under a contract or judgment as affected by a proposal binding upon the debtor and his creditors under The Farmers' Creditors Ar rangement Act, 1934 (Canada), shall not be included in such calculation." 6. The said Act is further amended by adding imme diately after
section the following new section: "50a. The provisions of
section of the Act shall mutatis mutandis be applicable to sections 3, 32, 33, 34, 35, 36 and of the said Act as amended. 7. This Act shall come into force on the day upon which it is assented to. FIRST SESSION NINTH LEGISLATURE GEORGE VI BILL
An Act to amend The Limitation of Actions Act. Received and read the First time ...................................... . Second time ......................... . Third time ................................ . RON. MR. MAYNARD. EDMONTON: A. Shnltka, King's Printer II Title: 1941 (9th, 1st) Bill 78,
An Act to amend The Limitation of Actions Act