Bill 105 (Legislature 11, Session 5)

L11 S5 6902

Alberta — Bills

Bill No. 105 of 1952. A BILL TO AMEND THE MECHANICS' LIEN ACT. NOTE. This Bill amends The Mechanics' Lien Act, being

chapter 236 of the Revised Statutes of Alberta, 1942. Two new subsections are added to

section 6 to make it clear that when a lienholder's claim is for work or services in respect of mining or drilling operations ,and the surface title is not held by the holder of the mineral title, the lien attaches only to the mineral and not to the surface of the land; and if a lien is registered in such a case against the surface, the person registering the lien is liable for costs and damages resulting to the owner of the surface by reason of the registration.

Section 23 is repealed.

Section 26a is amended to correct references.

Section 48 is added. This

section is an extension of

section 23 which is being repealed. Formerly the liens claimed against oil and gas rights leased or licensed from the Crown were to be filed with the Minister of l\lJ:ines and Minerals. Now all liens claimed against mines and minerals which are leased, licensed or reserved from the Crown are to be so filed. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not forJn any part of the Bill but is offered in explanation of its provisions.)

Section 6 amended

Section 23 repealed

Section 26a amended Heading added New

section 48 BILL No. 105 of 1952.

An Act to amend The Mechanics' Lien Act. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Mechanics' Lien Act, being

chapter 236 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 6 is amended by adding immediately after subsection (3) the following new subsections: "( 4) When,- "(

a) the lienholder's claim is for work, service or ma terial supplied,- "(

i) for any mining or drilling operation; "(ii) to prospect for 'Or recover any mineral; and " (

b) the surface title is held by a person other than the person who holds the mineral title; the lien given by subsection (1) shall attach only to the mineral and shall not attach to the surfa.ce of the land. "

(5) If a person registers a lien against the surface title in a case referred to in subsection (4), he shall be liable for legal .costs, or other costs and any damages incurred by or resulting to the holder of the surface title by reason of the registration of the lien against the surface title.". 3. The heading immediately preceding

section 23 and secti'On 23 are repealed.

Section 26a is amended,- !

a) by striking out the figures "23" and by substituting the figures "48"; (

b) by striking out the words "Lands and Mines" and by substituting the words "Mines and Minerals". 5. The heading "Lien on Oil and Gas Wells" is added im mediately before

section 42. 6. The following new heading and

section are added im mediately after

section 47:

2 "Lien on Minerals Held fro,m the Cro,wn Cla!m for • reglstration "48.

(1) Where a lien is claimed in respect of property of lien which consists of,- "(

a) any mine; or " (

b) any well drilled for the purpose of obtaining oil, gas or other mineral; or " (

c) any work or operation conducted preparatory there- to; and if the property is held under any claim, lease, license, permit, reservation or other agreement from the Crown granted pursuant to the Dominion Lands Act, 001' pursuant to The Provincial Lands Act, or pursuant tD The Mines and Minerals Act, or by some person claiming by, through or under any holder of such claim, lease, license, permit, reservation or other agreement, the claim fDr reg,istration of the lien shall be made to the Minister of Mines and Minerals instead of to the Registrar of Land Titles. "

(2) No lien may be filed pursuant to the provisions of subsection (1) in respect of a claim for wages for the pay ment of which security has been lodged pursuant to The Industrial Wages Security Act. "

(3) The provisions of this Act as to registration by the Registrar Df Land Titles shaH apply, mutatis mutandis, to registration hereunder by the Minister, and upon registra tion, the lien shall be enforceable as against the interest 'Of the holder of the claim, lease, license, permit, reservation Dr other agreement as aforesaid in the same manner as a lien duly registered pursuant tOo

section 19.". 7. This Act shall come into force on the day upon which ioOr~~ng into it is assented to.

No. 105. FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to amend The Mechanics' Lien Act. Recei ved and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. TANNER. Title: 1952 (11th, 5th) Bill 105,

An Act to amend The Mechanics' Lien Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6902
Type	bill
Volume / chapter	L11 S5 6902
Language	en
Format	json
Source	PROVINCIAL
Identifier	f52a7d2e7091352ca4ed1f07c37776e966571b34

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