O.C. 213/2020

A.R. 116/2020

July 22, 2020


††††††††††† The Lieutenant Governor in Council makes the Forms Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:††††††††† Minister of Service Alberta

Authority:†††††††††††††††††††††††††††† Dower Act
††††††††††††††††††††††††††††††††††††††††††††††† (section 27)


 

APPENDIX

Dower Act

FORMS AMENDMENT REGULATION

1   The Forms Regulation (AR 39/2000) is amended by this Regulation.

2   The following is added after section 1:

Remote execution of forms

1.1   For the period commencing on August 15, 2020 up to and including February 28, 2021, the forms referred to in column 2 below may be used instead of the forms referred to in column 1
if the forms are being executed by two-way video conferencing before a lawyer in and for the Province of Alberta.

Column 1

Column 2

Form B

Form B.1

Form C

Form C.1

Form D

Form D.1

Form E

Form E.1

Form G

Form G.1

 

3   The Schedule is amended

†††††††††††††††††††††††††††††††† (a)††† by adding the following after Form B:

Form B.1

Dower Act
(Section 4)

Affidavit

I,                                                                                                         , of                                     , make oath and say:

1   I am the transferor (or mortgagor, lessor or encumbrancer, as the case may be) (or the agent acting under power of attorney in my favour registered in the Land Titles Office on         (date)         as instrument number                     granted by the transferor, mortgagor, or encumbrancer) named in the within (or annexed) instrument.

2   I am (or my principal is) not married.

or

Neither myself nor my spouse (or my principal nor my principalís spouse) have resided on the within mentioned land at any time since our (or their) marriage.

or

I am (or my principal is) married to                                         being the person who executed the release of dower rights registered in the Land Titles Office on          (date)           as instrument number                    .

or

A judgment for damages was obtained against me by my spouse
(or my principal by my principalís spouse) and registered in the Land Titles Office on        (date)       as instrument number           .

3   I am executing this document by two‑way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                                 , )
a lawyer in and for the Province of Alberta†††† )
at the                       in the                            †††† )
of                   by two‑way video conferencing)
with the deponent who was at the                 †† )
in the Province of Alberta this         day of††††† )
                  
,             on the basis of evidence†† )                                        
provided to me that enabled me to verify the† )          (Signature)
deponentís identity and confirm the contents† )
of the document being executed.††††††††††††††††††††† )

                                                 
                (Lawyer)

†††††††††††††††††††††††††††††††† (b)††† by adding the following after Form C:

Form C.1

Dower Act
(Sections 5, 6 and 9)

Certificate of Acknowledgment by Spouse

1   This document was acknowledged before me by                         apart from her husband (or his wife).

2                                                  acknowledged to me that she (or he)

†††††††††††††††††††††††††††††††† (a)††† is aware of the nature of the disposition (or agreement),

†††††††††††††††††††††††††††††††† (b)††† is aware that the Dower Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent,

†††††††††††††††††††††††††††††††† (c)††† consents to the disposition (or agreement) for the purpose of giving up the life estate and other dower rights in the homestead given to her (or him) by the Dower Act, to the extent necessary to give effect to the said disposition (or agreement),

†††††††††††††††††††††††††††††††† (d)††† is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife), and

†††††††††††††††††††††††††††††††† (e)††† is executing this document by two‑way video conferencing separate and apart from any other person.

Dated at                                                                     in the Province of                           on        (date)      .

THIS DOCUMENT WAS ACKNOWLEDGED )
BEFORE ME,                                                      , )
a lawyer in and for the Province of Alberta††††††††† )
at the                          in the                           ††††††† )
of                     by two‑way video conferencing††† )
with                    who was at the                     †††††† )
in the Province of Alberta this         day of†††††††††† )
                  
,             on the basis of evidence†††††††† )                                        
provided to me that enabled me to verify the††††††† )          (Signature)
deponentís identity and confirm the contents††††††† )
of the document being executed.†††††††††††††††††††††††††† )

†††††††††††††††††††††††††††††††† (c)††† by adding the following after Form D:

Form D.1

Dower Act
(Section 7)

Release of Dower Rights

To the Registrar of Land Titles:

Take notice that I,    (name of spouse)    , being the wife (or husband) of        (name of married person)       of               (address)                in the Province of                        , who is the registered owner of the following land, namely:

hereby release to my husband (or wife) all my life estate and other dower rights in the above described land and I hereby discharge my husband (or wife)                               , his (or her) heirs, executors and administrators from any claim for dower under the Dower Act in respect of the land, and

I am executing this document by two‑way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                                 , )
a lawyer in and for the Province of Alberta†††† )
at the                       in the                            †††† )
of                   by two‑way video conferencing )
with the deponent who was at the                 †† )
in the Province of Alberta this
        day of†† )
                  
,             on the basis of evidence†† )                                        
provided to me that enabled me to verify the† )          (Signature)
deponentís identity and confirm the contents† )
of the document being executed.††††††††††††††††††††† )

                                                 
                (Lawyer)

†††††††††††††††††††††††††††††††† (d)††† by adding the following after Form E:

Form E.1

Dower Act
(Section 7)

Affidavit in Support of Dower Release

I,                                            , of                                 in the Province of                            , make oath and say:

1   That I am the wife (or husband) of                                             
of                                        in the Province of                                 .

2   That my husband (or wife) is the registered owner of the following land, namely:

3   That I am aware that the Dower Act gives me a life estate and other dower rights in the land.

4   That I am executing this release for the purpose of giving up my life estate and other dower rights in the land.

5   That I am executing this release freely and voluntarily without any compulsion on the part of my husband (or wife).

6   That I am executing this document by two‑way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                                 , )
a lawyer in and for the Province of Alberta†††† )
at the                       in the                            †††† )
of                   by two‑way video conferencing )
with the deponent who was at the                 †† )
in the Province of Alberta this
        day of†† )
                  
,             on the basis of evidence†† )                                        
provided to me that enabled me to verify the† )          (Signature)
deponentís identity and confirm the contents† )
of the document being executed.††††††††††††††††††††† )

                                                 
                (Lawyer)

†††††††††††††††††††††††††††††††† (e)††† by adding the following after Form G:

Form G.1

Dower Act
(Section 21)

Affidavit of Executor or Administrator

I,                            , of                            , make oath and say:

1   I am the executor (or administrator) of the estate of                     .

2   To the best of my knowledge, information and belief, the deceased was not married.

or

To the best of my knowledge, information and belief, the spouse of the deceased married person is dead.

or

To the best of my knowledge, information and belief, neither the deceased nor the spouse of the deceased have resided on the within mentioned land at any time since their marriage.

or

To the best of my knowledge, information and belief, the deceased was, at the time of death, married to                                    , being the person who executed the release of dower rights registered in the Land Titles Office on          (date)           as instrument number                          .

or

A judgment for damages was obtained against the deceased by his (or her) spouse and registered in the Land Titles Office
on          (date)           as instrument number                          .

or

The homestead of the deceased consists of land other than the within mentioned land as determined by the election of the spouse (or the order
of the Court of Queenís Bench) registered in the Land Titles Office on
         (date)           as instrument number                          .

3   I am executing this document by two‑way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                                 , )
a lawyer in and for the Province of Alberta†††† )
at the                       in the                            †††† )
of                   by two‑way video conferencing )
with the deponent who was at the                 †† )
in the Province of Alberta this
        day of†† )
                  
,             on the basis of evidence†† )                                        
provided to me that enabled me to verify the† )          (Signature)
deponentís identity and confirm the contents† )
of the document being executed.††††††††††††††††††††† )

                                                 
                (Lawyer)