Bill 25 (Legislature 13, Session 4)

L13 S4 6155

Alberta — Bills

No. 25 4th Session, 13th Legislature, Alberta 6 Elizabeth II, 1958 BILL 25 A Bill to Provide a Means of Compensating Persons Who have Been Deprived of Mineral Interests in Land Solely Through an Error of a Registrar or of Any of the· Of ficials of the Land Titles Offices HON. MR. MANNING Print6d by L. S. WALL. Printer to the Queen's Most Excellent Majesty Edmonton, Alberta, 1958

Explanatory Note General. This Bill will provide for persons who have been deprived of mineral interests solely by an error in the land titles office and who are barred from recovering the interest, a means of obtaining monetary recompense therefor from the assurance fund. The Bill makes the remedy available whenever the error occurred if the error was made no farther in the past than the creation of the Province and the assumption by the Province of the control of the land titles offices.

A claimant under this Bill will be required to obtain a judg ment against the Registrar of Land Titles, as nominal defen dant for the deprivation of the mineral interest. Thereupon the Provincial Treasurer will pay the amount thereof. All actions must be begun before the first day of April, 19'61, that is, within a three year period beginning when this Act comes into force.

BILL No. 25 of 1958

An Act to Provide a Means of Compensating Persons Who have Been Deprived of Mineral Interests in Land Solely Through an Error of a Registrar or of Any of the Of ficials of the Land Titles Offices (Assented to , 1958) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as liThe Mineral Interests Compensation Act". 2.

In this Act, (a) "assurance fund" means the assurance fund es tablished under The Land Titles Act; (b) "court" means the Supreme Court of Alberta; (c) "error of a Registrar" includes any omission, mis take, misfeasance or misdescription of or by a Registrar or any official or employee in the office of the Registrar; (d) "minerals" means any right, title, estate or interest in or to any mines or minerals, if the right, title, estate or interest is or has been registered under The Land Titles Act; (e) "Registrar" means the Registrar of the North or South Alberta Land Registration District, as the circumstances require. 3.

(1) Where a person has been deprived of minerals solely by or as a result of an error of a Registrar made since the first day of September, 1906, and, because of the pro visions of The Land Titles Act or any other Act of the Legislature, is prevented or barred from recovering the minerals by rectification of title or otherwise, that person may, if he has not obtained compensation or damages there for from the assurance fund or any person, bring an action against the Registrar as nominal defendant for the recovery of damages for the deprivation of minerals.

(2) No action under this Act shall be brought after the thirty-first day of March, 1961. 4. At least twenty days before the commencement of an action under this Act, a notice in writing of the action

2 setting forth the cause thereof shall be served upon the A ttorney General and the Registrar. 5. Where after the commencement of this Act a person has a cause of action under this Act against the Registrar as nominal defendant for damages for deprivation of minerals and has also a cause of action against the Registrar under The Land Titles Act for damages from the assurance fund for deprivation of minerals, he may obtain his remedy under this Act or The Land Titles Act, but not under both Acts. 8.

(1) A plaintiff who is successful in an action under this Act is only entitled to damages in respect of the following: (

a) the moneys actually paid out by the plaintiff for the minerals, or where the plaintiff was not a pur chaser for value, the moneys actually paid out for the minerals by the last preceding purchaser for value of the minerals; (

b) if the plaintiff fairly and reasonably expended moneys in the development of the mines or mineral before the loss to him of the minerals and the development enures to the benefit of the person who obtained the minerals as a result of the error of the Registrar, the moneys expended therefor and not by the plaintiff otherwise recovered or recoverable; (

c) the fair appraised value, at the time the action was brought, of the minerals that the plaintiff was deprived of, but damages awarded under this clause shall not exceed in the aggregate the sum of one thousand dollars for each acre of minerals lost by the plaintiff.

(2) Nothing in this

section shall be held to deprive the court of power to award costs against any of the parties in an action under this Act. 7.

(1) When a certified copy of the final judgment against the Registrar is produced to the Provincial Trea surer, he shall, upon the certificate of approval of the Attorney General, pay from the assurance fund or the General Revenue Fund, if the assurance fund is insufficient, to the person entitled thereto the amount awarded by the judgment.

(2) Payment by the Provincial Treasurer of the amount prescribed by subsection (1) constitutes satisfaction of the judgment entered against the Registrar as nominal defendant and a memorandum of satisfaction of judgment shall be entered by the clerk of the court in the procedure book on receipt of a notice from the Provincial Treasurer that the person entitled has been paid the amount of the judgment as provided by this Act. S. Except where inconsistent with this Act the practice and procedure relating to actions under The Land Titles Act against a Registrar as nominal defendant apply as adopted to the circumstances. 9. This Act comes into force on the first day of April, 1958.

FOURTH SESSION THIRTEENTH LEGiSlATURE 6 ELIZABETH II 1958 BILL

An Act to Provide a Means of Com pensating Persons Who have Been Deprived of Mineral Interests in Land Solely Through an Error of a Registrar or of Any of the Of ficials of the Land Titles Offices Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. MANNING Title: 1958 (13th, 4th) Bill 25,

An Act to Provide a Means of Compensating Persons Who have Been Deprived of Mineral Interests in Land Solely Through an Error of a Registrar or of Any of the Officials of the Land Titles Offices

Document details

Collection	Alberta — Bills
Citation	L13 S4 6155
Type	bill
Volume / chapter	L13 S4 6155
Language	en
Format	json
Source	PROVINCIAL
Identifier	ff859f4754b90539cdb6bd74f0badd4ca7d91474

Source file is stored in the law ingest library (json).