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AR 28/98 REGISTRY SERVICES (NON-PAYMENT OF FEES) REGULATION

(Consolidated up to 149/2017)

ALBERTA REGULATION 28/98

Government Organization Act

REGISTRY SERVICES (NON‑PAYMENT
OF FEES) REGULATION

Table of Contents

                1      Definitions

                2      Restriction

                3      Notice

                4      Payment

                5      Restoring provision of registry services

                6      Cancellation of motor vehicle registration

             6.1      Waiving administration fee


Definitions

1  The definitions in section 1 of Schedule 12 of the Government Organization Act apply to this Regulation.

AR 28/98 s1;251/2001

Restriction

2(1)  If a person owes the Government money in respect of registry services that have been provided, Alberta Registries may notify all registry agents and statutory officers who provide registry services that

                               (a)    the person owes the Government an amount of money specified in the notice, and

                              (b)    no registry services, other than those specified by Alberta Registries, are to be provided to the person until the amounts referred to in section 4 have been received in accordance with that section.

(2)  A registry agent or statutory officer who receives a notice under subsection (1) must comply with it.

Notice

3   If Alberta Registries restricts a person’s ability to obtain registry services under section 2, Alberta Registries must send a notice by regular mail to the last known address of the person in the records of Alberta Registries setting out

                               (a)    that the person will no longer receive some or all registry services, as specified in the notice, because the person owes money to the Government with respect to the payment of fees for registry services, and

                              (b)    that the provision of registry services will not be restored until the amounts referred to in section 4 have been received in accordance with that section.

Payment

4  Before restoring the provision of registry services to a person specified in a notice under section 2,

                               (a)    the Government must receive in cash or by certified cheque or money order the amount owing to the Government plus a government administration fee of $25, and

                              (b)    if payment is made to a registry agent, the registry agent must receive the agent’s service charge as established by or under an enactment.

Restoring provision of registry services

5(1)  If the amounts referred to in section 4 in respect of a person specified in a notice under section 2 have been received in accordance with section 4 or if Alberta Registries determines that the person’s ability to obtain registry services has been restricted in error, Alberta Registries must direct all registry agents and statutory officers who provide registry services to restore the provision of registry services to the person.

(2)  A registry agent or statutory officer who receives a direction under subsection (1) must comply with it.

Cancellation of motor vehicle registration

6(1)  If the Government is owed money in respect of a certificate of vehicle registration issued under the Traffic Safety Act, the Registrar of Motor Vehicle Services may cancel the certificate.

(2)  If the Registrar of Motor Vehicle Services cancels a certificate of vehicle registration, the Registrar must send a notice by single registered mail to the person in whose name the certificate was issued setting out

                               (a)    that the certificate has been cancelled, and

                              (b)    that a new certificate of registration for any motor vehicle will not be issued to the person until the amounts referred to in subsection (3) have been received in accordance with that subsection.

(3)  The person whose certificate of vehicle registration was cancelled may not be issued a certificate of registration under the Traffic Safety Act for any motor vehicle unless

                               (a)    the Government receives payment for the new certificate of vehicle registration,

                              (b)    the Government receives in cash or by certified cheque or money order

                                        (i)    a fee for the period that the cancelled certificate was in force, which is calculated in the same manner as the fee for a certificate of vehicle registration that is issued for the same period, and

                                      (ii)    a government administration fee of $25,

                                  and

                               (c)    if payment is made to a registry agent, the registry agent receives the agent’s service charge as established by or under an enactment.

(4)  The cancellation of a certificate of vehicle registration is in addition to the power to restrict the ability to obtain registry services under section 2.

(5)  When a certificate of vehicle registration is cancelled under this section and Alberta Registries restricts a person’s ability to obtain registry services as a result of the cancellation, the amount owing to the Government referred to in section 4(a) is to be  calculated in accordance with subsection (3)(b)(i) of this section.

(6)  Despite subsection (3), if the Registrar of Motor Vehicle Services determines that a certificate of vehicle registration has been cancelled under subsection (1) in error, the Registrar must issue a certificate of vehicle registration to replace the cancelled certificate.

AR 28/98 s6;221/2004

Waiving administration fee

6.1  The Minister may, if the Minister considers it appropriate, waive the payment of a government administration fee under sections 4(a) or 6(3)(b)(ii).

AR 180/2002 s2

7   Repealed AR 149/2017 s2.