Bill 26 (Legislature 18, Session 4)

L18 S4 4334

Alberta — Bills

1978 BILL 26 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 26 THE ATTORNEY GENERAL STATUTES AMENDMENT ACT, 1978 THE ATTORNEY GENERAL , ill Q First Reading ............................................ . Second Reading .................................... -, ..... . Committee of the Whole .................................. . Third Reading ... , ....................................... . Royal Assent ............................................ . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 26 BILL 26 1978 THE ATTORNEY GENERAL STATUTES AMENDMENT ACT, 1978 (Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Juvenile Court Act 1

(1) The Juvenile Court Act is amended by this section.

(2) Section 7(1) is amended by striking out ", but is not required to act in such capacity unless willing to do so". The Land Titles Act 2(1) The Land Titles Act is amended by this section.

(2) Section 140(2) is amended by adding "and for the assurance fund" ajter "caveat".

(3) Section 161 (1) is repealed and thejDl/owing is substituted: 161

(1) Except as otherwise provided in this Act, the Regis trar shall not perform any duty to be performed by him under this or any other Act until he has received (

a) the fees for the performance of that duty, and 1

Explanatory Notes The Juvenile Court Act 1

(1) This

section will amend

chapter 195 of the Revised Statutes of Alberta 1970.

(2) Section 7 (1) presently reads: 7(1) Each judge of the Supreme Court of the Province, and each judge of a district court in the Province and each magistrate in the Province is ex officio a judge of the Juvenile Court, but is not required to act in such capacity unless willing to do so. The Land Titles Act 2(1) This

section will amend

chapter 198 of the Revised Statutes of Alberta 1970.

(2) Section 140(2) presently reads:

(2) The .lees payable jor registration of the caveat shall be the same as if the mortgage under which the caveator claims to be interested were being registered.

(3) Section 161 (1) presently reads: J 6 J

(1) Be/ore the Registrar peljorms any duty to be peljormed by him under this or any other Act he shall, except as otherwise provided in this Act, demand and receive the .lees there/or prescribed by the Lieutenant Governor in Council and demand and receive/or the Assurance Fund (

a) upon evelY transfer of land a/ier the issue of the .first certificate of title therefor, where the land was not encumbered at the time of registering the grant, an amount equal to 0) one-twentieth of J per cent of the value of the land transferred if the value amounts to or is less than $5,000, and 1

(

b) the assurance fund fees prescribed by the Lieutenant Governor in Council.

(4) Section 212 is amended by renumbering it as subsection (1) and by adding thejol/owing:

(2) The Lieutenant Governor in Council may make regula tions for the purpose of the introduction and use in any instrument or caveat of the International System of Units as defined in the Weights and Measures Act (Canada). The Meat Inspection Act 3(1) The Meat Inspection Act is amended by this section.

(2) Section 12 is repealed and thejol/owing is substituted: 12 This Act comes into force on January 31, 1973. The Mechanical Recording of Evidence Act 4

(1) The Mechanical Recording of Evidence Act is amended by this section.

(2) Section 2 is amended (

a) in clause (

a) by striking out "or the court of a magist rate, justice of the peace" and substituting "or the Juvenile Court or the Provincial Court or the court of a justice of the peace", and 2

(iiJ one~fortieth of 1 per cent on the additional value, where the value exceeds $5, 000; (

b) upon evelY subsequent transfer, if there has been an increase in the value of the land since the granting of the last certificate of title, an amount equal to (

i) one-twentieth of I per cent of the increase if the increase is not more than $5, 000, and (iiJ one~f'ortieth of 1 per cent on a ny excess 0 ver $5, 000; (

c) upon registering any mortgage or encumbrance on land, (0 25 cents, or (iiJ an amount equal to one-eightieth of i per cent of the moneys secured by the mortgage or encumbrance, whichever is the greater.

(4) Provides for regulations for the purpose of the implementation and use of metric units of measurement. The Meat Inspection Act 3(1) This

section will amend

chapter 117 of the Statutes of Alberta, 1972.

(2) Section 12 presently reads: 12 This Act comes into force on a day to be fixed by proclamation. The Mechanical Recording of Evidence Act 4(1) This

section will amend

chapter 229 of the Revised Statutes of Alberta 1970.

(2) Section 2 (

a) and (

e) presently reads: 2 in this Act, (a) "court" means the Supreme Court or the district court or surrogate court or family court or the court of a magistrate, justice Qf the peace or a provincial judge who holds a public inquiry under The Fatality inquiries Act, or the hearings presided over by a clerk of the court, sheriff, registrar, commissioner, board, arbitrator, referee or other person appointed by law or by order of a court or otherwise, to hear any witness or take any evidence, or to make any order, decree, .finding, decision or report, or to exercise any judicial or quasi-judicial function; 2

(

b) in clause (

e) by adding ", a person who makes a trans cription of a record from a sound-recording machine" ajier "Rules of Court".

(3) Section 9 is repealed and the fa 110 wing is substituted: 9 The Lieutenant Governor in Council may make regulations (

a) prescribing the form of the certificates given under

section 4 or 5; (

b) prescribing the fees to be charged for the transcrip tion of records and for copies of those transcriptions. The Provincial Court Act 5(

J) The Provincial Court Act is amended by this section.

(2) Section 16 is amended by adding the fa 110 wing ajier clause (h): (h.

I) providing for the appointment of operators and trans cribers of sound-recording machines when used to record evidence before judges, and fixing their fees, expenses and other forms of remuneration, Commencement 6(

J) This Act, except

section 2(2) and (3), comes into jorce on the day upon which it is assented to and upon so coming into force

section 3(2) shall be deemed to have been in jorce at all times on andajierJanuary31,1973.

(2) Section 2(2) and (3) comes intojorce on July 1, 1978. 3

(e) "reporter" means an o.fficial court reporter appointed in accordance with the Alberta Rules o.l Court. or a stenographer or typist; This first amendment clarifies the courts in which evi dence may be recorded by use of a sound-recording machine. The second amendment clarifies the definition of "reporter" .

(3) Section 9 presently reads: 9 The Lieutenant Governor in Council may make such regulations as he deems necessQ/y or advisable for the purpose of caf'lying out the provisions of this Act and of supplying any deficiency therein. The Provincial Court Act 5

(1) This

section will amend

chapter 86 of the Statutes of Alberta, 1971.

(2) Provides for regulations by the Lieutenant Governor in Council providing for appointment of operators and transcribers of sound recording machines. 3 Title: 1978 (18th, 4th) Bill 26, The Attorney General Statutes Amendment Act, 1978

Document details

Collection	Alberta — Bills
Citation	L18 S4 4334
Type	bill
Volume / chapter	L18 S4 4334
Language	en
Format	json
Source	PROVINCIAL
Identifier	dfac6d810ef409eeea48c139a5a2c6267742a6ae

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