Bill 15 (Legislature 17, Session 2)

L17 S2 5149

Alberta — Bills

1973 Bill 15 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 15 The Attorney General Statutes Amendment Act, 1973 THE ATTORNEY GENERAL First Reading .............................. . Second Reading ............................. . Third Reading .............................. . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 15 BILL 15 1973 THE ATTORNEY G,ENERAL STATUTES AMENDMENT ACT, 1973 (Assented to , 1973) HER l\1AJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Bills of Sale Act 1.

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

(2) Section 18, subsection (1) is amended by striking out the words "of the judicial district in which the chattels are situate" .

(3) Section 24 is struck out and the following

section is substituted therefor: 24. N otw,ithstanding any other provision of this Act, a bill of sale or renewal statement not registered within the times prescribed in this Act may be registered at a later date and such registration has the same effect as registration within the preseribed tJim'es except that it does not affect rights which have accrued prior to the late registration.

(4) Sections 30 and 31 are st,ruck out. The Chattel Security Registries Act 2.

(1) The Chattel Security Registries Act is aJnended by this section.

(2) Section 3.1, subsection (1) is amended by striking out clause (a).

(3) Section 7, subsection (5) is amended by striking out clause (a).

GENERAL: This Bill will amend a number of statutes ad ministered !by the Attorney General. The Bills of Sale Act I.

(1) This

section will amend

chapter 29 of the Revised Statutes of Alberta 1970. (2,) This amendment will permit an application to a judge Qf the district cour;t in any convenient judidal district where proof Qf executiOon Clannot be obtained and a oourt order is required to per mit 'registration.

Section 18 ( 1) reads: 18.

(1) Where, before the making of any affidavit of exe,cution re quired by this AC't, the attesting witness to a b;ill of sale or othe,r docu ment dies or leaves the Province, or becomes incapable of making or refuses to make the affidavit, a judge of the district court of the judical district in which the chruttels are situate may make an order permHting the registration of the bill of gale or other document upon such proof of its due execution and attestation as the judge by the order may require and allow.

(3) Section 24 reads: 24.

(1) Subject DO the rights .of other persons accrued by reason of any omission or mis-·statement referred to ,in this section, a judge of the district court of the judical district in which the chattels' are situate, on be-ing satisfied ·that the omission to registerr a hill of sale .or renewal statement within the time prescribed by this Act, or that any omission .or mis-s'tatement in any document filed under this Act, was accidental, or due to inadvertence or impossibility or other sufficient cause, may in his discretion, (

a) extend the time f,or registration, or (

b) order the omission or mis-statement to be rectified, as the case may be, on such te.rms and conditions, if any, as to security, notice by advertisement or otherwise, or as to any other matter or .thing, as the judge thinks' fit to direct.

(2) The order of the judge or a copy thereof made under this

section shall be annexed to the hill of sale ,or copy thereof on file or tendered for registration, and appropriate entries shall be made in the re,gister.

(4) Section 30 provides that growing crops could only be used: as security in cer;tain instances. Seetion 31 prohibits an :assignment of the prOoceeds of a stale IOf a crop growing or tOo be grown. The Ch'aHel Security Registries Act 2.

(1) This

section will amend

chapter 44 ill the Revised Statutes of AlbertaW70.

(2) This amendment will ,save registration clerks from having to pass on the ·legal va.Jidity of documents submitted for registl"1a tion. Seetion 3.1, subseotion (1) presently reads: 3.1

(1) The registration clerk of the Motor Vehicle Branch may re fuse to' accept a document for registration (

a) where the do'Cument does nO't comply with the Act authO'rizing its registratiO'n, O'r (

b) where the document is greater in size than 81h inches by 14 inches, O'r (

c) where there are not at least two copies of the dO'cument sub mitted 00 him, or (

d) where ,the lienholder dO'es not record his mailing addres's on the dO'cument.

(3) Similar to the previous amendment but applicable to regis tration submissioIliS at Central Registry.

The Commissioners for Oaths Act 3.

(1) The Commissioners for Oaths Act is a/mended by t.his section.

(2) Section 2 is renumbered as subsection (1) and the following subsection is added thereafter:

(2) Every student-at-Iaw under The Legal Pro"fession Act is and always has been, from the date of his admission as a student-at-Iaw, a commissioner empowered to admin ister oaths and take and reC'eive affidavits, declarations and affirmations in Alberta.

(3) Section 6 is amended by adding after the words "Leg islative Assembly of Alberta" the words "or a member of a municipal council in Alberta".

(4) Section 9 is amende.d by adding after subsection (2) the following subsection:

(3) The Lieutenant Governor in Council may make reg ulations governing the execution of documents by com missioners. The Conditional Sales Act 4.

(1) The Conditional Sales Act is amended by this section.

(2) Section 13 is struck out and the following

section is substituted therefor: 13. Notwithstanding any other provision of this Act, a conditional sales agreement or renewal statement not registered within the times prescribed in this Act may be registered at a later date and such re~istration has the same effect as a registration within the pres'Cribed times except that it does not affect rights which have accrued prior to the late registration. The Alberta Evidence Act 5.

(1) The Alberta Evidence Act is amended by t.his section.

(2) Section 40 is amended by striking orut subsection (4) and by SUbstituting therefor the following subsection: (4) Subsection (3) does not apply in any case where a photographic print is tendered by (

a) a government; (

b) the Bank of Canada; (

c) a municipal corporation; (

d) a board of a school district or school division under The School Act; (

e) a hospital district under The Alberta Hospitals Act,. 2

The Commissioners for Oaths Act 3.

(1) This

section will amend

chapter 58 of the Revised Statutes of Alberta 1'970.

(2) Students-:at-law wi:1l automatically become commissioners.

(3) Municipal councillO!rs will be ex officio commissioners.

Section 6 presently reads: 6. A member or a member elect of the Legislative Assembly of Al berta is ex officio a commissiDner empowered to administer oaths and take and re,ceive afidavits', de-clarations and affiTmations in or outside Alberta 1':o.'l' use in Alberta.

(4) This amendment will permit reguLations to require such things as the ;srtating of the expiry date of commissions and 18 legible reproduction of the name of ,the Comrnilssioner. The Conditional Sales Act 4.

(1) This

section will amend

chapter 61 of the Revised Statutes of Albe1'lta 1'970.

(2) The

section presently reads: 13. A judge of the district court o·f the district within which the buyer or bailee resides, upon be.ing satisfied (

a) that the omission to register or file the same within the pre sCTibed time, or (

b) that an omission lOr misstatment in the Clonditional sale agree- ment, statement or affidav:it, was accidental or due ,to inadvertence or impossdbility in fact, may in his discretion order that the omission or misstatement be rectified in the register o.r may extend the time foil' registration, subject always to' the rights 'olf third persons accrued by reason of the omission, and to such terms and conditions, if any, as to security, notice by advertisement or otherwise, or to' any other matter, as he thinks fit to' direct. The Alberta Evidence Act s. (1) This

section will amend

chapter 127 of the Revised Statutes of Alberta '1'970.

(2) This amendment will enable municipalities and school and hospital districts to microfilm and dest1'loy record:s before the ex piration of six years. The subsection is presently .limited to govern ments and the Bank of Canada. 2

The Execution Creditors Act 6.

(1) The Execution Creditors Act is arnended by this section.

(2) Section 7 is wrnended by striking olut the words "onl application of the sheriff" and by substibding the-refor the words "on application to the court by the sheriff". The Limitation of Actions Act 7.

(1) The Lirnitation of Actions Act is amended by this section.

(2) Section 55 is amended by adding the word "or" at the end of clause (

e) and by adding the following clause after clause (e): (

f) an optometrist registered under The Optometry Act,

(3) Nothing in this

section enable.s any action to be brought which was barred before the cornmence1nent of this section.

(4) The time for bringing proceedi'ngs in respect of a cause of action which arose before, the commencement of this

section shall, if if has not already expired, expire (

a) at the time it would have expired apart from the provisions of this section, or (

b) at the time when it would have expired if the pro visions of this

section had at all material times been in force, whichever is the later. The Provincial Court Act 8.

(1) The Provincial C()urt Act is amended by this, section.

(2) Section 2is amwnded by striking out subsection (2).

(3) S ect,ion 8 is a'mended by striking out subsection (1) and by substituting therefor th'3 following s'ltbsection: 8.

(1) There is established the Provincial Court Advis ory Committee composed of (

a) three provincial judges, and (

b) two other persons, appointed by the Lieutenant Governor in Council to serve on the Gon1mittee for such terms as he may fix by their respective appointments. L 3

The Execution Creditors Act 6.

(1) This

section will amend

chapter 128 of the Revised Statutes of Alberta 19'70.

(2) T.his ,amendment will clarify that the application is made to the court and not to the clerk.

Section 7 presently reads: 7. Where there is in a court a fund belonging to an execution debto,r ,o,r to which he is entitled, the fund ,o,r a part thereof sufficient to pay the subsisting executions in the sheriff's' hands, on application of the sheriff or any party interested, may be paid over to the sheriff and the money shall be deemed to be money received by him under execution within the meaning of this Act. The Limitation of Actions Act 7.

(1) This

section will amend

chapter 2019 of the Revised Statutes of Alberta uno.

(2) Section 5,5 presently reads: 55. Except as provided in sections 57 to 61, an action against (

a) a duly qualified medkal practitioner registered under The Medical Profess'ion Aot, or (

b) a dentist registered under The Dental Association Act, or (

c) a chiropractor registered under The Chiropractic Profession Aet, or (

d) a naturopath registered under The NatuI"opathy Act, or (

e) a podiatrist registered under The Podiatry Act, for negligence or malpraetice by reason of professional s'ervices reques ted or rendered may be ,commenced within one year from .the date when the prorfessional services te,rminated in respect of the matter that is the subject ,of the comp~aint, and not afterwards.

(3) This amendment will not revive a cause of action. \: 4) Saving clause. The Provincial Court Act 8.

(1) This

section will amend

chapter 86 of the Statutes of Albert'a, 1971.

(2) Section 2(2) pres'ently reads:

(2) The Provincial Court is a court of record ,consisting of such pro vincial judges as may be appointed from time to time.

(3) Section 8 (1) presently reads: 8.

(1) There is established the PI"ovincial Oourt Advis'ory Committee composed of (

a) one nominee who shall be a member of the Trial Division of the Supreme Court of Alber,ta, (

b) two nominees who shall be provincial judges, (

c) one nominee who shall be a member of The Law Society of Alberta, and (

d) one other person who shall be appointed by the Lieutenant Governor in Council for terms of not more than three years nor less than one year so that one-third of the Oommittee shall retire annually. 3

The Racing Commission Act 9.

(1) The Racing Commission Act is a/mended by this section.

(2) Section 9 is amended by add'ing after clause (0) the following clause: (01) to assist in the development of horse racing in Al berta by acquiring mobile ,pari mutuel units, spon soring 'equine research and making direct grants or loans to such persons and upon such terms as the Commission 'considers appropr1iate, The Religious Societies' Lands Act 10.

(1) The Religious Societies' Lands Act is amended by this section.

(2) Section 27 is struck out and the following

section is substituted therefor: 27.

(1) On the petition of any interested party a judge of the Supreme Court may order the winding up of any con gregation incorporated under this Act for cause or on any grounds for which a company might be wound up by the Court under

Part 10 of The Companies Act.

(2) In considering a petition under this

section the judge may direct that notice be given in any manner and to any persons that he considers appropriate.

(3) On hearing the petition the judge may (

a) appoint a person to wind up the affairs of the con gregation and pay creditors and claimants thereof who are entitled thereto, and prov:ide for the re muneration 'Of that person and the payment of his expenses and other costs incidental to the winding up, out of the assets of the congregation or other wise as he sees fit, or (

b) proceed in like manner as if a petition had been presented under The, Companies Act for a winding up and the provisions of

Part 10 of The Companies Act apply with all necessary modifications to the proceedings.

(4) A person appointed under subsection (3), clause (

a) may at any time apply to a judge of the Supreme Court for directions or for the determination of any question arising with respect to his duties or for the exercise as respects any matter, of all or any of the powers that the Supreme Court might exercise if the congregati~:m were a company being wound up by the Court, and the Judge may give such direc tions, determine such question 'or make such order as he thinks just. 4

The Racing Commission Act 9.

(1) This

section will amend

chapter 30'8 of the Revised Statutes of Alberta 1970.

(2) Powers 'Of the Commission. The Religious Societies' lands Act 10.

(1) This

section will amend

chapter 3,19 of the Revised Statutes of Alberta 1970.

(2) This

section will replace the present provisi'Ons whereby the Lieutenant Governor in Council may diss'Olve the congregation for cause and in all 'Other cases The Companie'S Act winding-up pr'OvisioIllS apply. Now the appJ.i.cation would be to the court who could pr'Oceed 'summaTily 'Or in Eke manner as under The Com panies Act. 4

(5) Where there is a surplus of assets after all the lia bilities of the former ,corporation and liquidation expenses have been paid in the winding up 'Of a congregation inc'Or porated under this Act, the liquidator or the person appoint ed under subsection (3), clause (a) (a) (

b) shall, upon reasonable notice, which may include advertising in a newspaper having circulation in the general geographical area inhabited by the mem bers 'Of the congregatiGn, call a meeting of the per sons who were n1embers of the congregation at the time the petition was presented, and that meeting may, by resolution, direct the pers'On to distribute the surplus to one or more religious or charitable organizations named in the resoluti'On, 'Or may, where nG resolution is passed pursuant to and in accordance with clause (a), apply by 'Originating notice of motion to the Supreme Court fGr an order governing the disposition 'Of the surplus and the judge hearing the appl,ication may make such order as he considers just, including an order directing that the surplus be vested in the ultimate heir under The Ultimate Heir Act.

(6) An order under subsection (5), clause (

b) directing that the surplus be vest'ed in the ultimate heir vests all the estate and interest in the surplus assets in the ultimate heir as if the property had been received under The Ultimate Heir Act, and the provisions of that Act apply thereafter with all necessary modifications.

(3) Section 28 is amended by striking out subsectio'n (3). The Sheriffs Act 11.

(1) The Sheriffs Act is amended by this section.

(2) Section 3, subsection (2) is a1nended by st.riking out the words "Provincial Treasurer" and by substituting there for the words "InspectGr of Legal Offices". The Trustee Act 12.

(1) The Trustee Act is amended by this se,ction.

(2) Section 37 is struck out and the following

section is subst.ituted therefor: 37.

(1) In this section, the words "beneficiary" "bene ficiaries", "person" or "persons" include charitable pur poses and charitable institutions. 5

(3) Consequential to the previous amendment.

Section 28(3) reads:

(3) Except where the Lieutenant Governor in Council acts under seotion 27, subsection (1), the provisions of The Companies Act relat ing to the winding-up of companies apply mutatis mutandis to a society under this Act. The Sheriffs Act 11.

(1) This

section will amend

chapter 342 of the Revised Statutes of Alberta 1'970. (2) 'This lamendment will provide that the oath of office taken by a siheriff, deputy sheriff or assistant isheriff sihall be filed in the office of the Inspector of Legal Offices rather than the office of the Provincial Treasurer. The Trustee Act 12.

(1) This 'section will amend

chapter 373 of the Revised Statutes of ALberta 1970.

(2) This lamendment will implement the :vecommendations of the Institute of Law Research and Reform in ,their Report No.9 (The Rule in Saunders v. Vautier). The rrule is as :£ollows: Where there is an absolute vested gift made payable at a future event, with a dire,cUon to accumulate the income in the meantime and pay it with the principal, the court will not enforce the trust for ac cumulation, in which no person has any interest but the legatee.

This amendment will replace the rule to the extent of giving the court power to decide whether to permit termination or variation of the trust so that cognizance may be taken of the donor's intent, ignored in the application of the rule, and also of the interest of the donee. 5

(2) Subject to any trust terms reserving a power to any person or persons to revoke or in any way vary the trust or trusts a trust arising after the commencement of this

section ~hatever the nature of the pr'Operty involved and wheth~r arising by will, deed 'Or other disposition, shall not be varied or terminated before the expiration of the period of its natural durati'On as determined by the terms of the trust, except with the approval of the court.

(3) Without limiting the generality of subsection (2), the prohibition conta:ined in subs'ection (2) applies to (

a) any interest under a trust whereunder the transfer or payment of the capital or of the income, includ ing rents and profits (

i) is postponed to the attainment by the benefic iary or benef.iciaries of a stated age or stated ages, or (ii) is postponed to the occurrence 'Of a stated date or time or the passage of a stated period of time, or (iii) is to be made by instalments, or (iv) is subject to a discretion to be exercised during any period by executors and trustees, or by trustees, as to the person or persons who may be paid or may receive the 'Capital or income, including rents and profits, 'Or as to the time or times at which or the manner in which pay ments or transfers of capital or income may be made, and (

b) any variation or termination of the trust or trusts (

i) by merger, however occurring; (ii) by consent of all the benef.iciaries ; (iii) by renunciation of his inter'est by any benefic iary so as to cause an a0celeration of ;emainder or reversionary interests.

(4) The approval of the c'Ourt under subsection (1) of a prop?sed arrangement shall be by means of an order apprOVIng (

a) the variation or revocation of the whole or any part of the trust or trusts, or (

b) the resettling of any interest under a trust or , (

c) the enlargement of the powers 'Of the trustees to manage or administer any of the property subj ect to the trusts.

(5) In approving any proposed arrangement, the court may consent to the arrangement on behalf of 6

(

a) any person who has, directly or indirectly, an in terest, whether vested or contingent, under the trusts, and who by reason of infancy or other in capacity is incapable of 00nsenting, or (

b) any person, whether ascertained or not, who may becom·e entitled, directly or indirectly, to an interest under the trusts as being at a future date or on the happening of a future event a person 'Of any specif ied description Dr a member of any specified class of persons, or (

c) any person who is a missing person (as defined in The Public Trustee Act) or who is unborn, or (

d) any perSDn in respect of any i~tere~t of his that may aris'e by reason of any dIscretIonary power given to anyone on the failure or determin~tion 'Of any existing interest that has not faIled or determined.

(6) Before a pr'Oposed arrangement is submitted to the court for appr'Oval it must have the 'Consent in writing of all other persons who are beneficially interested under the trusts and who are capable of consenting thereto.

(7) The c'Ourt shall not approve an arrangement unless it is satisfied that the carrying 'Out thereof appears to he fDr the benefit of each person on behalf of whom the 'Court may consent under subsecti'On (5), and that in all the circum stances at the time 'Of the application to the court the ar rangement appears 'otherwise to be of a justifiable character.

(8) Where an instrument creates a general power of appointment exercisable by deed, the donee of the power may not appoint to himself unless the instrument shows an intention that he may so appoint.

(9) Where a will or other testamentary instrument con tains no trust, but the court is satisfied that, having regard to the circumstances and the terms 'Of the gift Dr devise, it would be for the benefit of an infant or other incapacitated beneficiary that the court approve an arrangement whereby the property or interest taken by that beneficiary under the will or testamentary instrument is held on trusts during the peri'Od 'Of incapacity, the court has jurisdictiDn under this

section to approve such an arrangement. 7

The Wills Ad 13.

(1) The Wills .flct is a'mended by this section.

(2) Section 9 is amended (

a) by adding after subsection (2) the following sub section: (b)

(2.1) Notwithstanding subsection (1), a person who is (

a) under the age of 18 yegrs, (

b) unmarried, and (

c) has children, may make a valid will to the extent t.hat t?~t p'erson makes a bequest, devise or other dISP'?Slbon to or for the benefit of any or all of such chIldren. as to subsection (3) by adding after the words "sub section (1)" the words "or (2.1)".

(3) The following

section is added after

section 33: 33.1

(1) Except when a contrary intention appears by the will where a person dies 'in the lifetime of a testator either b~fore or after the testator makes the will and that person (

a) is a child or other issue or a brother or sister of the testator to whom, either as an individual or as a member of a 'Class, is devised or bequeathed an es tate or interest 'in real or personal property not de terminable at or before his death, and (

b) leaves issue any of whom is living at the time of the death of the testator. the devise or bequest does not laps1e, but takes effect as if it had been made directly to the persons among whom and in the shares in which the estate of that person would have been divisible if he had died intestate and without debts immediately after the death of the testator.

(2) This

section only applies with respect to a devise or bequest in a will made on or after July 1, 1960 and before June 1, 1968. Commencement 14.

(1) This Act, except

section 8, comes into force on the day upon which it is assented to and upon so coming into force,

section 13, subsection (3) shall be deemed to have been in force at all times on and after April 25, 1968.

(2) Section 8 comes into force on the date upon which The Provincial Court Act comes into force. 8

The Wills Act 13.

(1) This

section will amend

chapter 393 of the Revised Statutes of Alberta 1970.

(2) This amendment will permit infants to makie valid wills providing for their illegitimate children.

(3) The present Wills Act lapplies to whlls made on or aflter July 1, 1960. In 1968,

section 34 was repealed and replaced by the present

section 34 which applies to wills made on or after June 1, 1916'8. The fact that the former

section 34 was repealed has given rise to doubts as to whether the repealed

section con tinued to apply to wills made before June 1, 11'9i618, or whether no rule is in force at all as to those wilLs. To allay those doubts, the former

section 34 is ["e-enacted without change as

section 3.3.1, effective as of the date of the repeal. 8 Title: 1973 (17th, 2nd) Bill 15, The Attorney General Statutes Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5149
Type	bill
Volume / chapter	L17 S2 5149
Language	en
Format	json
Source	PROVINCIAL
Identifier	c7f58ff7f7723f86736065037b8854049edf04ef

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