64.1 Transfer levy
transferee named in any of the following instruments shall pay to
the Registrar a levy, as provided in this section, for registration of
the instrument:
(a) an instrument that, on registration, creates a leasehold e state
in land;
(b) an instrument that, on registration, results in a transfer of
ownership of land other than a transfer of ownership of land
correcting an error in a previous transaction or reversing an
aborted sale transaction;
(c) a court order, other than a court order correcting an error in
a previous transaction or reversing an aborted sale
transaction, that, on registration,
(i) creates a leasehold estate in land, or
(ii) results in a transfer of ownership of land.
(2) The levy referred to in subsection (1) is an amount equal to $50
plus $5 for each $5000 or portion thereof of the value of the land or
interest in land to which the instrument relates.
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(3) For the purposes of subsection (2), the transferee of a leasehold
estate in land, or an agent of the transferee, must value the
leasehold estate in land at
(a) the value of the land, including the value of any leasehol d
improvements intended to be made, or
(b) the amount determined by multiplying 5% of the value of
the land as determined in clause (a) by the number of years
or portion thereof remaining in the term of the lease.
(4) If the Registrar does not accept the instrument for registration,
the Registrar shall return the levy to the transferee.
(4.1) Subject to section 64.3, subsection (1)(b) does not apply to a
transferee named in an instrument described in that subsection if
(a) the transferee's sole purpose for being registered as the
owner of the land is to transfer, as soon as practicable after
being registered as the owner, ownership of the land to
another person with whom the transferee, in the capacity of
a mortgagee and in respect of the land, has entered into a
mortgage agreement,
(b) under that mortgage agreement, the mortgagor is not
required to pay interest on the loan or debt secured by the
mortgage, and
(c) the transferee provides to the Registrar, together with th e
instrument for registration, an affidavit by the transferee or
an agent of the transferee, in the prescribed form, verifying
that
(i) the transfer of ownership of land is being made for the
purpose described in clause (a), and
(ii) the transferee has entered into a mortgage agreement that
complies with clause (b).
(5) Subsection (1) does not apply to
(a) the Crown in right of Canada, or
(b) the Crown in right of Alberta other than
(i) an agent of the Crown in right of Alberta,
(ii) the Minister of Municipal Affairs when the Minister,
acting in accordance with Part 10 of the Municipal
Government Act, is a transferee, and
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(iii) the Public Trustee.
2024 c4 s5;2024 c15 s9