1972 Bill 5 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 5 The Motor Vehicle Accident Claim$ Amendment Act, 1972 MR. HARLE ~irst Reading . . . . . . . . . . . . . . . . . . . .. . ....... . Second Reading ... Third Reading .............................. . Printed by L. S. Wall, Que·en's Printer, EdmlOnton

BILL 5 1972 THE MOTOR VEHICLE ACCIDENT CLAIMS AMENDMENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the 'advice and consent of the Legislative Assembly of Alberta, enacts 'as follows: 1. The Motor Vehicle Accident Claims Act is hereby amended.

Section 3 is amended by adding the following sub­

section after subsection (4):

(5) The Administrator shall have a seal of office of such design as may be prescribed by the Minister.

Section 9, subsection (5) is arnended by striking out the words "When 'a defendant is r,epres'ented by counsel in" and by substituting the word "In".

Section 12 is amended by striking out subsection (9) and by substituting the following:

(3) Upon hearing the application, the judge may, if he is satisfied that (

a) the application is a proper one under this Act, and (

b) the application for v'ayment out of the Fund is not prohibited by

section 16, 18 or 19, make any order he considers just, including an order setting aside the judgm'ent.

Section 13 is amended (

a) by adding the following subsection after subsec. tion (2): (2.1). N~twithstanding subsection (2), where the claIm IS for $500 or less, the Administrator may waive the requirement of notice in writing.

Explanatory Notes I. This Bill will amend

chapter 243 of the Revised Statutes of Alberta 1970. 2. Self-explanatory. '3.

Section 9, subsection (5) presently reads:

(5) When a defendant is represented by Clounsel in an aotion where it appears that a claim may be made against the Fund, the Administmt­ o,r may upon notice t.o the plaintiff and defendant apply to be added as a party and theTeup'on may take any steps he considers proper to proteot the interests of the Fund,

Section 12, subsection (3) presently reads:

(3) Upon hearing the application the judge may make whatever order he consid,ers just in the circumstances, including an .order setUng aside the judgment. s. Payment of claims without judgment and title of actions against the Administrator.

(

b) by adding the following subsections after sub­ section (8): ( 9 ) Notwithstanding anything in this

section where there is a claim for $500 or less, the Admin~ istrator may permit a claim to be made without a judgment, in 3!ccordance with those provisions of

section 8 that are applicable to it.

(10) Where any claim is made against the Administrator, whether by court action or other­ wise, the claim shaH be made against the Admin­ istra tor in the following manner: "The Administrator of The Motor Vehic.le Accident Claims Act" and not against the Administrator in his personal name.

Section 27, subsection (1) is amended by striking out the word "Minister" and by substituting the word "Admin­ istrator" .

Section 34 is am,ended (

a) as to subsection (1) (b) (

i) by striking out clause (c), (ii) by striking out the words "Lieutenant Gov­ ernor in Gouncil" and by substituting the words "Treasury Board appointed under The Financial Administration Act'), as to subsB'ction (2) by striking out the words "Lieutenant Governor in Council" and by 8ub­ stituting the words "Treasury Board". 8. This Act comes into force on the day upon which it is assented to. 2

Section 27, subsection (1) presently reads: 27.

(1) The Minister may prescribe forms to be used under this Act.

Section 34 presently reads: 34.

(1) In any case wheTe (

a) a payment on a judgment has been made from the Fund or the Unsatisfied Judgment Fund, as the case may be, to an applicant, (

b) more than 10 years have elap,sed since such payment has been made, and (c) ,there lis supp·orting evidence on the fHe to indIcate that every reasonable step has been taken to reoover the am'Ount so paid or a portion thereo.f from the pe·rson liable ,to the Fund in respect of that judgment, the Lieutenant Governor in Oouncil may. on recommendati'On of the Minister, authorize ,the account to be closed and authorize the debt to be discharged.

(2) Where the lJieutenant Governor in Council makes an authoriza­ tion referred t,o in subsection (1), the Administrato.r shan dQ the acts so authorized. Title: 1972 (17th, 1st) Bill 5, The Motor Vehicle Accident Claims Amendment Act, 1972