RTA · Government Organization Act
12 Fees
of any service, material or program, the performance of any
function or the doing of any thing
(a) by the Minister or the department administered by the
Minister, or
(b) by any board, commission, council or other agency for
which the Minister is responsible.
(2) The authority to charge a fee under subsection (1) is in addition
to and not in substitution for any other authority to charge a fee.
1994 cG-8.5 s12
(1) Subject to any other Act, all lost or unclaimed property in
the custody of the Government shall be
(a) turned over to the Minister, and
(b) retained by the Minister fo r a period of at least one year
from the time the property came into the custody of the
Government.
(2) If the property is not claimed within one year from the time it
came into the custody of the Government, the Minister may then
dispose of the property on behalf of the Government.
(3) A purchaser of property under this section becomes the owner
of it and any claim of an earlier owner may only be made against
the Government and for the proceeds of the sale less transportation,
storage, sale and other necessary expenses incurred by the
Government.
(4) No claim may be made
(a) to the property after one year from the date that the property
came into the custody of the Government unless the
property is still in the custody of the Government, or
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(b) to the net proceeds of a sale of the property after one year
from the date on which the property was sold by the
Minister.
(5) This section does not apply to abandoned vehicles to which
section 69(8) or 77 of the Traffic Safety Act applies.
(1) The Minister may make regulations
(a) respecting the requirements to be met by persons applying
to become registry agents;
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(a.1) respecting the authority to carry out background checks on
the persons referred to in clause (a) in order to determine the
suitability of a person to become a registry agent, including,
but not limited to,
(i) making inquiries respecting those persons,
(ii) if the person is a co rporation, making inquiries
respecting all shareholders and directors of the
corporation,
(iii) making inquiries respecting the spouses or adult
interdependent partners of the persons referred to in
subclause (i) and the shareholders and directors referred
to in subclause (ii), and
(iv) requesting credit reports and obtaining information from
law enforcement agencies and records from the Registrar
of Motor Vehicle Services relating to any of the persons
referred to in subclauses (i) to (iii);
(a.2) respecting the Minister's absolute discretion to determine
whether an agreement under section 3 should be entered into
with any person;
(a.3) respecting ongoing requirements to be met by registry
agents;
(a.4) respecting the matters to be considered by the Minister in
determining the location at which registry services are to be
provided under an agreement entered into under section 3;
(a.5) respecting the holding and handling of money by registry
agents;
(b) respecting the carrying out of registry services;
(c) respecting the provision of information;
(d) respecting the maximum and minimum amounts that may be
charged by registry agents as service charges;
(d.1) respecting limits or conditions on the service charges that a
registry agent may charge for providing registry services;
(e) designating a registry as a registry to which section 7
applies;
(f) governing the accreditatio n and the suspension or
cancellation of accreditation of persons as accredited
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persons for the purposes of section 7 and providing for
disclosure of information related to the status of a person's
accreditation;
(g) governing functions respecting document authorization for
the purposes of section 7;
(h) governing service charges that may be charged in respect of
services provided by accredited persons under section 7;
(i) governing document handling procedures in respect of a
registry where the enactment under which the registry
operates does not provide for document handling
procedures;
(j) providing for the restriction of or the cancellation or
suspension of registry services to persons who owe money
or are in arrears with respect to the payment of fees for
registry services that are payable or otherwise owing to the
Government;
(k) providing for forms to be used in respect of registries and
the provision of registry services;
(l) respecting access and the ma nner of access to a registry,
including the restriction of that access as a consequence of a
contravention of
(i) this Part,
(ii) the regulations made under this section,
(iii) another enactment under which a registry operates,
(iv) an agreement under this Part, or
(v) a code of conduct or policies and procedures referred to
in clause (o),
and respecting the use of information in a registry by
registry agents, other persons authorized to provide registry
services and accredited persons;
(m) identifying costs, fees and other amounts for the purposes of
section 11(2);
(n) respecting the conduct of insp ections and audits of registry
agents, other persons authorized to provide registry services
and accredited persons and of functions carried out by those
persons;
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(o) respecting the development of
(i) codes of conduct, and
(ii) policies and procedures
relating to the operation of a registry and the provision of
registry services and requiring registry agents, other persons
authorized to provide registry services and accredited
persons to comply with those codes of conduct and policies
and procedures;
(p) providing, with respect to any provision of the regulations
made under this section, that its contravention constitutes an
offence;
(q) requiring registry agents, other persons authorized to
provide registry services and accredited persons to report to
the Minister any conduct that may amount to a
contravention referred to in clause (l);
(r) respecting the appeal by a registry agent, another person
authorized to provide registry services or an accredited
person of any decision relating to a contravention referred to
in clause (l);
(s) exempting a registry agen t from the operation of any
provision of the regulations;
(t) respecting the provision of registry services when an
agreement under section 3 expires or is terminated;
(u) respecting the appointment of a receiver or manager of the
property of a registry agent;
(v) respecting any administrative or other matter that is
considered necessary or advisable to carry out the intent of
this Part.
(2) Where an enactment under which a registry operates
(a) provides for the carrying out of registry services, the
Minister may, notwithstanding that enactment, make
regulations for the purpose of facilitating the carrying out of
those registry services using the facilities and services
provided by registry agents;
(b) provides for document handling procedures,
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(i) the Minister may, notwithstanding anything in that
enactment, make regulations
(A) governing document handling procedures under that
enactment by electronic or any other means or form,
and
(B) for the purposes of section 7, governing functions
respecting document authorization,
a n d
(ii) unless otherwise provided for in that regulation, a
regulation made pursuant to subclause (i) prevails, in
respect of matters provided for in that regulation, over
the provisions of the enactment under which the registry
operates;
(c) requires or otherwise provides that a person is to sign a
document, the Minister may, notwithstanding anything in
that enactment, by regulation
(i) remove or modify the requirement that the person sign
the document, or
(ii) provide or otherwise esta blish or recognize a method or
procedure under which the person may acknowledge or
verify the document without the necessity of signing the
document;
(d) requires or otherwise provides that a document must be
accompanied with or have endorsed on it an order of a court,
a certificate, an affidavit, a statutory declaration or any other
accompanying documentation of any type, the Minister
may, notwithstanding anything in that enactment, by
regulation
(i) modify that requirement so that only the information or a
portion of the information contained in the
accompanying documentation, and not the actual
accompanying documentation, needs to be provided, or
(ii) provide or otherwise esta blish or recognize a method or
procedure under which the accompanying
documentation may be acknowledged or verified without
the necessity of the actual documentation being
provided.
(3) Notwithstanding any provision in an enactment under which a
registry operates or otherwise carries out registry services, the
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Minister may with respect to the establishment or collection of any
fees or charges under that enactment make regulations
(a) prescribing any fees or char ges to be paid with respect to
registrations carried out under that enactment;
(b) prescribing any fees or char ges, other than fees or charges
referred to in clause (a), to be paid for the carrying out of
registry services under or relating to that enactment.
(4) Notwithstanding subsection (3), the Minister may charge any
fees or charges, other than fees or charges referred to in subsection
(3)(a), that the Minister considers appropriate for the carrying out
of a registry service where a fee or charge is not prescribed under
subsection (3)(b) for the carrying out of that registry service.
(5) If, with respect to the same matter,
(a) a fee or charge is established pursuant to an enactment, and
(b) a fee or charge is established or otherwise provided for
under subsection (3) or (4),
the fee or charge referred to in clause (b) prevails over the fee or
charge referred to in clause (a).
(6) Notwithstanding that an enactment under which a registry
operates or otherwise carries out registry services provides for the
establishment or use of forms under that enactment, the Minister
may make regulations governing the forms to be used under that
enactment, including regulations prescribing or otherwise
providing for the forms to be used under that enactment.