CPA · Prompt Payment and Construction Lien Act
Part 6 — Registration
36 Estate or interest in minerals
directly from the Crown in right of Alberta and the estate or
interest
(a) is less than a fee simple estate, and
(b) is not registered under the Land Titles Act,
the statement of lien shall be registered with the Minister of Energy
and not with the Registrar and this Act applies to all claims of lien
so registered with the Minister of Energy.
(2) In subsections (3) to (6),
(a) "agreement", "lessee" and "location" have the meanings
given to them by the Mines and Minerals Act;
(b) "Minister" means th e Minister of Energy.
(3) If
(a) a lien is registere d against an agreement,
(b) the Minister, as a conseque nce of a right of lease selection
conferred on the lessee of the agreement, issues one or
more leases for all or part of the location of the
agreement, and
(c) the lien attaches to any part of the location of the
agreement that becomes the location of any lease so
issued,
the registration of the lien shall be continued in respect of each
lease so issued as though the lien referred to it and as though the
lease had been issued prior to the registration of the lien.
(4) If a lien is registered against an agreement and
(a) a transfer of part of the location of the agreement is
registered under Part 6, Division 1 of the Mines and
Minerals Act, a new agreement is issued for the part of the
location so transferred and the lien attaches to the part of
the location so transferred,
RSA 2000
PROMPT PAYMENT
(b) the agreement is divided by the Minister into 2 or more
agreements pursuant to that Act and the lien attaches to
any part of the location of the agreement that becomes the
location of a new agreement issued as a consequence of
the division, or
(c) the agreement and one or more other agreements are
consolidated by the Minister into one agreement pursuant
to that Act,
the registration of the lien shall be continued in respect of the new
agreement or the consolidated agreement, as the case may be, as
though the lien referred to it and as though the issuance of the
agreement or the consolidation had occurred prior to the
registration of the lien.
(5) When an agreement is reinstated pursuant to section 8(1)(e) of
the Mines and Minerals Act, the agreement is subject to all the liens
registered against the agreement when it was surrendered or
cancelled as though the agreement had not been surrendered or
cancelled.
(6) When the term of an agreement is extended pursuant to section
8(1)(h) of the Mines and Minerals Act after the expiration of the
term, the agreement is subject to all liens registered against the
agreement immediately before the expiration of the term so
extended as though the term had not expired.
RSA 2000 cB-7 s36;2003 c42 s2