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.120/20080715/whole.html | |
| Version downloaded by CanLII on 2008-07-15 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
(Consolidated up to
68/2008)
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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AR 120/2000
s2;35/2007;68/2008
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.
Copyright of the Statutes and Regulations belongs to the Province of Alberta. Official copies of Alberta legislation are available from the Alberta Queen's printer. The Alberta Statutes and Regulations collections are subject to this Copyright and Disclaimers Statements.



