Bill 17 — Third Session, 26Th Legislature, 56 Elizabeth Ii the Legislative Assembly of Alberta Bill 17 Limitation Statutes Amendment Act, 2007 Dr. Brown (Legislature 26, Session 3)

L26 S3 579

Alberta — Bills

2007 Bill 17 Third Session, 26th Legislature, 56 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 17 LIMITATION STATUTES AMENDMENT ACT, 2007 DR. BROWN First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bill 17 Dr. Brown BILL 17 2007 LIMITATION STATUTES AMENDMENT ACT, 2007 ( A s s e n t e d t o , 2 0 0 7 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Limitations Act Amends RSA 2000 cL-12 1(1) The Limitations Act is amended by this section.

(2) Section 2 is amended by adding the following after subsection (2):

(2.1) With respect to a claim for the recovery of possession of land as defined in the Limitation of Actions Act, RSA 1980 cL-15, subsection (2) shall be read without reference to clause (

b) of that subsection. 1

Explanatory Notes Limitations Act 1(1) Amends

chapter L-12 of the Revised Statutes of Alberta 2000.

(2) Section 2 presently reads: 2(1) This Act applies where a claimant seeks a remedial order in a proceeding commenced on or after March 1, 1999, whether the claim arises before, on or after March 1, 1999.

(2) Subject to sections 11 and 13, if, before March 1, 1999, the claimant knew, or in the circumstances ought to have known, of a claim and the claimant has not sought a remedial order before the earlier of (

a) the time provided by the Li mitation of Actions Act, RSA 1980 cL-15, that would have been applicable but for this Act, or (

b) two years after the Limitati ons Act, SA 1996 cL-15.1, came into force, 1 Explanatory Notes

(3) Section 3 is amended (

a) in subsection (3) by adding the following after clause (e): (

f) a claim for a remedial order for the recovery of possession of real property arises when the claimant is dispossessed of the real property. (

b) by adding the following after subsection (5):

(6) The re-entry of a claimant to real property in order to recover possession of that real property is effective only if it occurs prior to the end of the 10-year limitation period provided by subsection (1)(b).

(7) If a person in possession of real property has given to the person entitled to possession of the real property an acknowledgment in writing of that person’s title to the real property prior to the expiry of the 10-year limitation period provided by subsection (1)(b), (

a) possession of the real property by the person who has given the acknowledgment is deemed, for the purposes of this Act, to have been possession by the person to whom the acknowledgment was given, and (

b) the right of the person to whom the acknowledgment was given, or of a successor in title to that person, to 2

the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim.

(3) Except as provided in subsection (4), this Act is applicable to any claim, including a claim to which this Act can apply arising under any law that is subject to the legislative jurisdiction of the Parliament of Canada, if (

a) the remedial order is sought in a proceeding before a court created by the Province, or (

b) the claim arose within the Pr ovince and the remedial order is sought in a proceeding before a court created by the Parliament of Canada.

(4) This Act does not apply where a claimant seeks (

a) a remedial order based on adverse possession of real property owned by the Crown, or (

b) a remedial order the gran ting of which is subject to a limitation provision in any other enactment of the Province.

(5) The Crown is bound by this Act.

(3) Section 3 presently reads in part: 3(1) Subject to

section 11, if a claimant does not seek a remedial order within

(3) For the purposes of subsection (1)(b),

(5) Under this section, (

b) the defendant has the burden of proving that a remedial order was not sought within the limitation period provided by subsection (1)(b). 2 Explanatory Notes

take proceedings to recover possession of the real property is deemed to have arisen at the time at which the acknowledgment, or the last of the acknowledgments if there was more than one, was given.

(8) If the right to recover possession of real property first accrued to a predecessor in title of the claimant from whom the claimant acquired the title as a donee, proceedings to recover possession of the real property may not be taken by the claimant except within 10 years after the right accrued to that predecessor.

(4) Section 12 is repealed and the following is substituted: Conflict of laws 12(1) The limitations law of Alberta applies to any proceeding commenced or sought to be commenced in Alberta in which a claimant seeks a remedial order.

(2) Notwithstanding subsection (1), where a proceeding referred to in subsection (1) would be determined in accordance with the law of another jurisdiction if it were to proceed, and the limitations law of that jurisdiction provides a shorter limitation period than the limitation period provided by the law of Alberta, the shorter limitation period applies. Land Titles Act Amends RSA 2000 cL-4 2(1) The Land Titles Act is amended by this section.

(2) Section 74(1) is amended by striking out “the Limitation of Actions Act, RSA 1980 cL-15” and substituting “the Limitations Act”.

(3) Section 106(1)(

c) is amended by striking out “the Limitation of Actions Act, RSA 1980 cL-15” and substituting “the Limitations Act”. 3

(4) Section 12 presently reads: 12 The limitations law of the Province shall be applied whenever a remedial order is sought in this Province, notwithstanding that, in accordance with conflict of law rules, the claim will be adjudicated under the substantive law of another jurisdiction. Land Titles Act 2(1) Amends

chapter L-4 of the Revised Statutes of Alberta 2000.

(2) Section 74(1) presently reads: 74(1) Any person recovering against a registered owner of land a judgment declaring that the person recovering the judgment is entitled to the exclusive right to use the land or that the person recovering the judgment be quieted in the exclusive possession of the land, pursuant to the Limitation of Actions Act, RSA 1980 cL-15, may file a certified copy of the judgment in the Land Titles Office.

(3) Section 106(1)(

c) presently reads: 106(1) The Registrar shall discharge a mortgage or an encumbrance wholly or in part, or the land comprised in it wholly or in part, according to the tenor of the discharge, and shall make an 3 Explanatory Notes

entry of the discharge on the certificate of title affected by the discharge, in any of the following cases: (

c) on the production of a certific ate signed by a judge certifying that the right of any person to recover any money secured by the mortgage or encumbrance has been extinguished by reason of the operation of the Limitation of Actions Act, RSA 1980 cL-15. 4 Explanatory Notes

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2007 (26th, 3rd) Bill 17, Limitation Statutes Amendment Act, 2007

Document details

Collection	Alberta — Bills
Citation	L26 S3 579
Type	bill
Volume / chapter	L26 S3 579
Language	en
Format	json
Source	PROVINCIAL
Identifier	fea44b0f2e50e4b96173a83e0138a0e5c757c77d

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