Bill 33 (Legislature 11, Session 4)

L11 S4 6944

Alberta — Bills

Bill No. 33 of 1951. A BILL TO AMEND THE CONDITIONAL SALES ACT. NOTE. This Bill aInends The Conditional Sales Act, being

chapter 219 of the Revised Statutes of Alberta, 1942. The effect of the amendments is to enable central regis tration of ,conditional sales of motor vehicles. The registra tion of these documents will be effected in the Motor Vehicles Branch of the Department of the Provincial Secretary, which is the branch that administers The Vehicles and Highway Traffic Act. A similar amendment is being made to The Bills of Sale Act to provide for central regis tration of bills of sale and chattel mortgages covering motor vehicles.

A conditional sale agreement is normally registered only in the registration district within which the buyer or bailee resides, or in which actual delivery of the goods is made, or to which the goods are removed. However, in the case of a motor vehicle, due to its 1110bility, registration in one or more of these districts is not very effective as it can easily be driven into and disposed of in an adjoining district where the -conditional sale agreenlent is not registered. Under the proposed amendments a search in the Motor Vehicles Branch would reveal a conditional sale agreement anywhere in the Province. A new

section 1a is added which defines several terms. A definition of the expression "motor vehicle" is added which corresponds with the definition found in The Vehicles and H~~ghway TrajJic Act. The expression "registration clerk" is defined as including, in respect of a conditional sale of a motor vehicle, the registration clerk in the Motor Vehicles Branch of the Department of the Provincial Sec retary. The word "tractor" is also defined as these vehicles are excluded from the definition of a ITIotor vehicle and a conditional sale of a tractor would be registered in the ordinary 'way and not with the Provincial Secretary. Two new sections 3a and 3b are added imnlediately fol lowing

section 3.

Section Sa provides for the registration of a conditional sale agreement that comprises a motor vehicle with the registration clerk in the Motor Vehicles Branch. The description of the motor vehicle in the con ditional sale agreement is required to include the engine number and serial number of the vehicle. The registration

ii clerk is entitled to refuse registration in the case of any conditional sale agreement that does not comply with this requirement. The cOll~itjonal sale agreement and affidavits are required to be .... fi led 'within twenty-one days of the making thereof.

Section 3b deals ,,,ith a conditjonal sale agreement that covers a motor vehicle and other personal chattels. "In such a case the conditional sale agreement must be registered with the Motor Vehicles Branch insofar as the motor vehicle is concerned and n1ust be registered in the ordinary way insofar as the remaining chattels are concerned. Registration in the Motor Vehicles Branch alone is sufficient insofar as the TI10toI' vehicle is concerned. and registration in the ordinary registration district is sufficient insofar as the chattels are con,c.erned. SectiDl1 7·, subsection (1) is amended.

It states that nothing in the previous sections applies to railway rolling stock as special provision is made for registration of that. However, at least one subsequent

section also appears to be inapplicable. Railway rolling stock should be excepted from all provisions of the Act relating to registration, and this

section is amended accordingly.

Section 19 is amended by increasing the search fee from ten cents to twenty-five cents which corresponds with the search fee under The Bills of Sare Act. The Bill comes into force on the 1st day of July, 1951, and the new sections la, 3a and 3b apply only in respect of conditional sale agreements made on or after that date. KENNETH A. McKENZIE, Legislative Counsel. (This note does not /onn any pa'rt of the Bill but is offered in explm1,ation of Us provisions.)

BILL No. 33 of 1951.

An Act to amend The Conditional Sales Act. (As8ented to , 1951.) HIS MAJ~ST~, by and with the advice and consent. ·of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. The Conditional Sales Act, being

chapter 219 of the Revised Statutes of Alberta, 1942, is hereby amended, 2. The following new

section 1a is added immediately Now after

section 1:

section 10 "la. "(

a) H(b) " (c) " (

d) In this Act, unless the context otherwise requires _ IntiterPfE't-. , aoo 'motor vehicle' means every vehicle propelled by ':motol'" any power other than muscular power, except ail'- vehicle craft, tractors whether equipped with rubber tires or not, traction engines, and such motor vehicles as run only upon rails or tracks, and includes all tools and ac·cessories belonging to and kept in, on or attached to a motor vehicle; .

"registration clerk' or 'clerk of a registration dis- "registration trict' means a clerk of a registration district with ~~~~~~ g~ a whom bills of sale are registered under The Bills registration f' S l A t d' I d' t f dOt' 1 dIstrict" o a e c an Inc u es In respec 0 a con IlOna sale of a n10tor vehicle, the registration clerk in the Motor Vehicles Branch of the Department of the Provincial Secretary; 'registration district' means a registration district ,"registration for bills of sale established under The Hills of Sale district" Act; 'tractor' includes any vehicle designed primarily as "tractor" a travelling power plant for independent operation or for operating other machines or appliances or designed primarily for drawing other vehicles or machines, and not designed for carrying any load of property or passengers wholly or in part on its structure." . 3.

The following new sections 3a and 3b are added im- New sections d· tel ft t· 3 3a and 3b me Ia y a er sec IOn : "3a.

(1) Where a conditional sale comprises a motor How vehiCle it shall be registered by filing the agreement, or a ~~g~~~~lOn tr~e copy th~reof, together with suc~ affi~avits as are r~- :~~i:d qUlred by thIS Act in respect of regIstratIOn generan~, In the office of the registration clerk in the Motor VehIcles

Description to include engine and serial number Registration clerk may refuse j'pgil'ltra tion Time for filing Registration of motor vehicle and personal chattels Omission to register personal ehattels not to affect registered motor vC'hlcle Omission to register motor vehicle not to affect registered personal chattels

Section 7 amended

Section 1!) nmend(\(l Comln~ into force 2 Branch of the Department of the Provincial Secretary, irrespective of the residence of the buyer or the place at which the nlotor verucle is delivered, or to which it is re moved and thereupon registration shall be deemed to be effected. "

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

(3) The registration clerk of the IVIotor Vehicles Branch of the Department of the Provincial Secretary may refuse to register any ,conditional sale agreement compris ing a motor vehicle that does not comply with subsection (2) . "

(4) The conditional sale agreement and affidavits shall be filed under subsection (1) within twenty-one days after the making thereof. "3b.

(1) Where a conditional sale agreement comprises a motor vehicle and personal chattels, other than motor vehicles, in addition to the registration required by

section 3a, the conditional sale agreement shall be registered within the period, in the manner and in the office or offices in which it is otherwise required to be registered under this Act in respect of the other personal chattels comprised therein. "

(2) Where a conditional sale agl'eelnent described in subsection (1) is registered as required in subsection (1) in the motor vehicle comprised therein, but is not registered as required by subsection (1) in respect of the other per sonal chattels comprised therein, nevertheless it shall be deemed for all the purposes of this Act to be sufficiently registered in respect of each motor vehicle comprised there in. "

(3) Where a conditional sale agreement described in subsection (1) is registered under

section 3ct in respect of respect of the personal chattels comprised therein, other than motor vehicles, but is not registered as required by

section 3a in respect of a motor vehicle, nevertheless it shall be deemed for all the purposes of this Act to be sufficiently registered in respect of all the personal chattels comprised therein, other than motor vehicles.".

Section 7, subsection (1) is amended by striking out the words "the previous sections" and by substituting the wol'ds "this Act relating to registration".

Section 19 is amended by striking out the figures "0.10", where they occur following the words "For each search", and by substituting the figures "0.25". -6. This Act shall come into force on the first day of July, 1951, and sections 2 and 3 apply only in respect of condi tional sale agreements made on or after that date.

- No. 33 FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to amend The Conditional Sales Act. Received and read the First tin1e . Second time Third time HON. MR. GERHART. Title: 1951 (11th, 4th) Bill 33,

An Act to amend The Conditional Sales Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6944
Type	bill
Volume / chapter	L11 S4 6944
Language	en
Format	json
Source	PROVINCIAL
Identifier	c9cc3847fccc78fdf4e33ab117dab26124798709

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