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
(Download Version) | |
| URL: | http://www.canlii.org/ab/laws/regu/2000r.120/20060718/whole.html | |
| Version downloaded by CanLII on 2006-07-18 | ||
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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