102.1 Mortgage levy
the following shall pay to the Registrar a levy, as provided in this
section, for registration of the caveat or mortgage, as applicable:
(a) a caveator who claims an i nterest under an unregistered
mortgage in a caveat;
(b) a mortgagor under a mortgage.
(2) Subject to subsections (4), (5) and (7), the levy referred to in
subsection (1) is an amount equal to $50 plus $5 for each $5000 or
portion thereof of the following, as applicable:
(a) the interest clai med under the unregistered mortgage in the
caveat;
(b) the principal amount secured by the mortgage.
(3) Repealed 2024 c15 s9.
(4) If the caveat or mortgage meets any of the following conditions
and the caveator or mortgagee is the same person as the mortgagee
or transferee named in a subsisting registered mortgage or caveated
mortgage, the levy set out in subsection (5) applies:
(a) the caveat or mortgage is s upplemental or collateral to the
subsisting registered mortgage or caveated mortgage;
(b) the caveat or mortgage is a substitute for the subsisting
registered mortgage or caveated mortgage;
(c) the caveat or mortgage is being registered against the
certificate of title to one parcel or unit, as defined in the
Condominium Property Act, as a partial replacement for the
subsisting registered mortgage or caveated mortgage and the
subsisting registered mortgage or caveated mortgage is
registered against the certificates of title to more than one
parcel or unit, as defined in the Condominium Property Act.
RSA 2000
(5) The levy for registration of a caveat or mortgage described in
subsection (4) is an amount equal to $50 plus $5 for each $5000 or
portion thereof of the following, as applicable:
(a) the additional interest claimed under the unregistered
mortgage in the caveat;
(b) the additional principal amount secured by the mortgage.
(6) Repealed 2024 c15 s9.
(7) The levy for registration of an agreement that amends a caveat
or mortgage by increasing the interest claimed under the
unregistered mortgage in the caveat or the principal amount
secured by the mortgage, as applicable, is an amount equal to $50
plus $5 for each $5000 or portion thereof of additional interest
claimed or additional principal amount, as applicable.
(8) If the Registrar does not accept any of the following for
registration, the Registrar shall return the levy to the caveator or
mortgagor, as applicable:
(a) the caveat;
(b) the mortgage;
(c) an agreement described in subsection (7).
(9) 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) a caveator who claim s an interest under an
unregistered mortgage in a caveat, or
(B) a mortgagor under a mortgage,
a n d
(iii) the Public Trustee.
2024 c4 s5;2024 c15 s9
RSA 2000