Tariff of Fees Regulation, Alta. Reg. 120/2000
| Citation: | Tariff of Fees Regulation, Alta. Reg. 120/2000 | |
| Enabling Statute: | Land Titles Act, R.S.A. 2000, c. L-4 | |
| URL: | http://www.canlii.org/ab/laws/regu/2000r.120/20050617/whole.html | |
| Version downloaded by CanLII on 2005-06-17 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
(Consolidated
up to 354/2003)
ALBERTA REGULATION 120/2000
Land Titles
Act
TARIFF OF FEES
REGULATION
Table of
Contents
1 Fees
2 Services
for the Crown
3 Transfers
and leasehold titles
4 Mortgages
and encumbrances
5 Caveats
6 Writs
of enforcement
7 Builders’ liens
8 Plans
9 New
descriptions
10 Tax
recovery services
11 Other
documents
12 Extra
titles
13 Extra
cancellations or endorsements
14 Searches
and other services
15 Refunds
16 Repeal
17 Expiry
18 Coming into force
Fees
1(1) The
fees prescribed by this Regulation are
(a) the fees for the performance of a duty by
the Registrar, and
(b) the assurance fund fees.
(2) For each fee, 90% of the total
amount is payable as the fee for the performance of the duty specified and 10%
of the total amount is payable as the assurance fund fee.
Services
for the Crown
2 Registrations and searches
for the Crown in right of Alberta, other than for
(a) an agent of the Crown in right of Alberta,
(b) a treasury branch,
(c) the Minister of Municipal Affairs
pursuant to Part 10 of the Municipal
Government Act, or
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(d) the Public Trustee, |
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Transfers
and leasehold titles
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3(1) A
notification, transfer, vesting order or application for a leasehold
certificate of title |
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for
each $5000 or portion thereof of value of the land or interest in land |
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(2) A leasehold interest in land must
be valued at |
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(a) the value of the land, including the value
of any leasehold improvements that are intended to be made, or |
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(b) the amount determined by multiplying 5% of
the value of the land as determined in clause (a) by the number of years or
part thereof remaining in the term of the lease. |
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(3) A transfer or an order
correcting an error in a previous transaction or reversing an aborted sale
transaction |
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for
each $5000 or portion thereof of additional value, if any, |
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Mortgages and encumbrances 4(1) A
mortgage or an encumbrance that is not otherwise specifically mentioned |
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$15 plus | |
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for
each $5000 or portion thereof of principal amount, if any, |
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except
if |
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(a) the value of the land or interest in land
being mortgaged or encumbered in Alberta is less than the principal amount,
the fee may be based on the value of the land or interest in land, |
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(b) the maximum amount of the encumbrance is
not known or ascertainable, the fee must be based on the value of the land or
interest in land being encumbered or on an amount declared by the
encumbrancee to be a maximum amount in respect of which security will be
claimed, or |
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(c) it is a mortgage or encumbrance in which
the mortgagee or encumbrancee is the same party as the mortgagee,
encumbrancee or transferee under a subsisting registered or caveated mortgage
or encumbrance and it is established that the mortgage or encumbrance is |
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(i) supplemental or collateral to the
registered or caveated mortgage or encumbrance, |
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(ii) a substitute for the registered or
caveated mortgage or encumbrance, or |
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(iii) being registered against an individual
parcel or condominium unit as a partial replacement for the registered
mortgage which is a block mortgage applicable to several parcels or
condominium units |
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for
each $5000 of additional principal amount, if any, or if the fees for the
registered or caveated mortgage or encumbrance were originally calculated on
the basis of land value, for each $5000 of the value of additional land or
interest in land |
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(2) The value of the land or interest
in land for the purpose of subsection (1) and eligibility under subsection
(1)(c) must be established by affidavit submitted at the time of registration
or within 180 days after registration if a reduction in the original fee
charged is requested, and the value must include the value of any
improvements that are intended to be made to form part of the security for
the mortgage or encumbrance. |
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(3) An encumbrance securing an
annuity, rent charge, vendor’s lien or purchaser’s lien |
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(4) A mortgage or encumbrance that
has been registered or that has been protected by registration of a caveat
and for which full fees pursuant to subsection (1) have been paid |
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(5) An agreement that amends a
mortgage or encumbrance by increasing the principal amount secured |
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for
each $5000 or portion thereof of the additional principal amount |
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Caveats 5(1) A
caveat other than a caveat to which section 133 of the Land Titles Act
applies |
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(2) Lapse of a caveat |
$10 |
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Writs of enforcement 6(1) A
writ of enforcement |
$15 plus |
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for
each $5000 or portion thereof of the amount for which the writ was issued |
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(2) A writ of enforcement that has
been registered against other land and for which full fees pursuant to
subsection (1) have been paid |
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Builders’ liens 7(1) A
builders’ lien other than a builders’ lien by a labourer for wages |
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(2) A builders’ lien by a labourer
for wages or any document relating to such a lien, including a certificate of
lis pendens and discharge and extra endorsements |
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(3) Lapse of a builders’ lien |
$10 |
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Plans 8(1) A
plan |
$30 plus |
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(a) for each parcel created by a plan of
subdivision or road plan, including the cancellation, issuance or amendment
of certificates of title |
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(b) for each parcel affected by a right of way
plan |
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(2) A
document cancelling, varying or correcting a plan |
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New
descriptions 9 Approval of a
new parcel description |
$30 |
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Tax recovery services 10(1) A
tax arrears list |
$10 |
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(2) A tax notification endorsement |
$5 |
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(3) Mailing of a tax notice |
$5 |
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Other documents 11(1) A
notice of change of address - for the first endorsement |
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for
each additional endorsement, whether or not the address change is included in
one or more notices |
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(2) Merger of an estate or interest |
$15 |
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(3) Issuance of a mineral certificate |
$10 |
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(4) Any other document not
specifically mentioned which results in a change or amendment of registered
ownership or parcel description in a certificate of title |
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(5) Any discharging document not
specifically mentioned |
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(6) Any other document not
specifically mentioned |
$10 |
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Extra titles 12 Each certificate of title issued or affected by a
change or amendment of registered ownership or parcel description pursuant to
a registration, after the first certificate of title, |
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Extra
cancellations or endorsements 13 Each
cancellation or endorsement pursuant to a registration, after the first
cancellation or endorsement, |
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Searches and other services 14(1) In
conjunction with a registration service, an electronically-generated
certified copy of |
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(a) a certificate of title, |
$2 |
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(b) a condominium additional plan sheet, |
$2 |
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(c) a non‑patent record sheet, |
$2 |
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(2) A copy of a cancelled
certificate of title produced from microfilm or microfiche, |
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(3) A copy of a document |
$5 |
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but if provided through a
registry agent, |
$3 |
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(4) A copy of a plan, |
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(a) if it is a paper copy, |
$3 |
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(b) if it is a digital copy, |
$2 |
(c) if it is a mylar copy, |
$5 plus $2 for each square foot in excess of 2 1/2 square feet |
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(d) if it is requested to be delivered on diskette, |
$1
plus the fee prescribed for each digital copy of a plan |
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(e) if it is requested to be delivered on a CD
ROM, |
$10 plus the
fee prescribed for each digital copy of a plan |
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(5) Certification of a cancelled certificate of title
search or a copy of a plan or document, |
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(6) A search sent via manual facsimile transmission, the
fee payable for the item searched plus |
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(7) A duplicate of a master roll (1000 documents) of
microfilm |
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(8) For a name search under section 17 of the Land
Titles Act where the information provided is in respect of current
owners, historical registered owners or current document parties |
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(a) a report indicating that no names were
found |
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(b) a summary list showing title or instrument
particulars in respect of names found |
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AR 120/2000 s14;251/2001;108/2003
Refunds
15 The Registrar may authorize
the refund of the fee paid for a document that was registered in error or for a
search or other service that was provided in error.
Repeal
16 The Tariff of Fees Regulation (AR 140/87) is repealed.
Expiry
17 For the purpose of
ensuring that this Regulation is reviewed for ongoing relevancy and necessity,
with the option that it may be repassed in its present or an amended form
following a review, this Regulation expires on June 30, 2011.
AR 120/2000
s17;354/2003
Coming
into force
18 This Regulation comes into
force on July 2, 2000.
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