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First Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 4

THE REAL PROPERTY AMENDMENT ACT (WIND TURBINES)


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           Subsection 45(5) is amended by adding "and any rights for carrying, laying, erecting or building wind turbines" after "utility and pipeline easements".

3(1)        Subsection 112(3) is amended

(a) in the section heading, by adding "or wind turbine" before "title";

(b) by adding "a right for carrying, laying, erecting or building wind turbines, a" after "A pipeline easement,";

(c) by adding "or wind turbine" after "operation of a pipeline" wherever it occurs; and

(d) by striking out "certificate of" wherever it occurs.

3(2)        Subsection 112(4) is amended

(a) in the section heading and in the subsection, by striking out "certificate of";

(b) by adding "or right for carrying, laying, erecting or building wind turbines," before "other than encumbrances"; and

(c) by adding "or of the right in relation to wind turbines" at the end.

3(3)        Subsection 112(5) is amended

(a) in the section heading, by adding "or wind turbine" before "title"; and

(b) by adding "right for carrying, laying, erecting or building wind turbines," after "A pipeline easement,".

3(4)        Subsection 112(6) is replaced with the following:

Certified M.L.S. plan

112(6)      A title shall issue for the registration of a pipeline easement or agreement set out in subsection (3) only

(a) when a plan certified by a Manitoba Land Surveyor and approved by the Examiner of Surveys, has accompanied or preceded the pipeline easement or agreement; or

(b) in the case of an expropriation subject to The Gas Pipe Line Act, when a plan of survey defining the lands covered by the expropriation has been previously registered.

3(5)        Subsection 112(7) is replaced with the following:

Mortgage to be entered on title

112(7)      A mortgage, encumbrance, lien or other interest that charges or affects

(a) a pipeline agreement or right in relation to wind turbines referred to in subsection (3); or

(b) an expropriation referred to in subsection (6);

shall be entered only on the title issued relating to that agreement or expropriation.

3(6)        Subsection 112(8) is amended

(a) in the section heading, by striking out "of easement agreement";

(b) by striking out "or expropriation that is registered under subsections (3) and (6) may" and substituting ", a right in relation to wind turbines, or expropriation, that is registered under subsection (3) or (6) may"; and

(c) by adding "or wind turbine" before "title shall be cancelled".

3(7)        The following is added after subsection 112(8):

Non-application of subsection 111(2)

112(9)      For greater certainty, subsection 111(2) (title not to issue) does not apply to the issue of a title under this section.

4           Section 141 is amended by adding "and any rights for carrying, laying, erecting or building wind turbines" after "utility and pipeline easements".

Coming into force

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

Explanatory Note

This Bill simplifies the registration of rights relating to wind turbines. A title may be issued to a wind turbine generating company for its right. This title is separate from the landowner's title.