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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 12

THE REAL PROPERTY AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. R30 amended

1           The Real Property Act is amended by this Act.

2           Clause 22(1)(j) is repealed.

3(1)        Subsection 26(1) is amended

(a) by replacing the section heading with "Dispensing with production of duplicate title"; and

(b) in the subsection, by striking out everything after "production of the duplicate certificate".

3(2)        Subsection 26(4) is repealed.

4           Subsection 52(2) is replaced with the following:

No duplicate title to be issued

52(2)       No duplicate certificate of title shall be issued.

Existing duplicate titles may be destroyed

52(2.1)     The district registrar may destroy a duplicate certificate of title that is produced to him or her or that is retained on file at the land titles office.

5           Section 53 is repealed.

6           Subsection 100(1) is replaced with the following:

Production and destruction of duplicate title

100(1)      When land is made subject to a mortgage or encumbrance, the duplicate certificate of title, if issued, shall be deposited with the district registrar, who may then destroy it.

7           Subsection 180(2) is amended in the part after clause (b) by striking out "original duplicate" and substituting "original or duplicate".

8           Section 184 of the English version is amended by striking out "and the assurance fund or the district registrar is not" and substituting", and neither the assurance fund nor the district registrar is".

Coming into force

9           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Real Property Act to eliminate the requirement for duplicate certificates of title and to enable the district registrar to destroy existing duplicate certificates of title that are on file at the Land Titles Office or are presented for registration purposes.