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2nd Session, 40th 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 34

THE PROPERTY REGISTRY STATUTES AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

PART 1

THE REAL PROPERTY ACT

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

1           The Real Property Act is amended by this Part.

2           Section 1 is amended

(a) in the definition "certificate of title",

(i) by striking out "bound in the register and", and

(ii) by striking out "regulations" and substituting "Registrar-General";

(b) in the definition "register" in the English version, by striking out "and bound"; and

(c) by adding the following definitions:

"in an approved form" means in a form approved by the Registrar-General; (« formule approuvée »)

"land registration system" means the new system or the old system; (« système d'enregistrement foncier »)

"land registry service" means a service relating to a land registration system that is provided by or on behalf of the government; (« service d'enregistrement foncier »)

"personal information" means personal information within the meaning of The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

"prescribed" means prescribed by regulation;

"service provider" means a person, partnership or entity designated under section 3.1; (« fournisseur de services »)

3           The following is added after section 3 and before the centred heading "LAND TITLES DISTRICTS AND OFFICES":

SERVICE PROVIDER

LG in C may designate service provider

3.1         The Lieutenant Governor in Council may by regulation designate a person, partnership or other entity as a service provider to provide one or more land registry services on behalf of the government.

Collection and retention of fees

3.2(1)      The Lieutenant Governor in Council may by regulation authorize a service provider to

(a) collect on behalf of the government the fees payable under this Act, The Registry Act and any other Act specified by the minister; and

(b) despite Part 3 of The Financial Administration Act, retain for its own account all or a portion of the fees as compensation for providing land registry services on behalf of the government.

Retained amount

3.2(2)      An amount retained by a service provider in accordance with a regulation under subsection (1) is not public money for the purpose of The Financial Administration Act.

Not Crown agent

3.3         Subject to the regulations, a service provider is not an agent of the Crown.

Service provider's duties

3.4         A service provider must ensure that any person employed by it to provide land registry services fulfills his or her obligations under this Act.

Government records

3.5(1)      Every record created or received by a service provider for the purpose of providing land registry services is deemed to be a government record under The Archives and Recordkeeping Act.

Public access

3.5(2)      Every record respecting the provision of land registry services is deemed to be under the control of the minister for the purpose of Part 2 of The Freedom of Information and Protection of Privacy Act.

Confidential records

3.5(3)      Subsection (2) does not apply to

(a) a trade secret of the service provider; or

(b) commercial, financial, labour relations, scientific or technical information of a service provider that the service provider has treated consistently as confidential.

Service provider must provide records to minister

3.5(4)      If a request for access to a record to which subsection (2) applies is made under Part 2 of The Freedom of Information and Protection of Privacy Act, the service provider must

(a) provide the minister, or a person appointed by the minister, with the record and any other record the minister considers necessary to respond to the request for access; and

(b) cooperate with the minister in responding to the request.

Definition of "record"

3.5(5)      In this section, "record" means a record of information in any form, including electronic form, but does not include a mechanism or system for generating, sending, receiving, storing or otherwise processing information.

Collection, use and disclosure of information

3.6(1)      A service provider may collect, use and disclose personal information to the extent necessary for the purpose of providing land registry services on behalf of the government.

Protection of privacy

3.6(2)      A service provider must, with respect to personal information collected or retained by it to provide land registry services, comply with the restrictions and obligations respecting personal information set out in Part 3 of The Freedom of Information and Protection of Privacy Act.

Privacy policy

3.6(3)      A service provider must establish a policy, acceptable to the minister, to protect

(a) the confidentiality, security, accuracy and integrity of personal information collected or retained by it to provide land registry services; and

(b) the privacy of the persons whom the personal information is about.

Publication of policy

3.6(4)      The service provider must make the policy established under subsection (3) available to the public.

Conflict of interest policy

3.7(1)      A service provider must establish, and make available to the public, a conflict of interest policy that is acceptable to the minister.

Content of policy

3.7(2)      The conflict of interest policy must

(a) include a process for identifying and avoiding conflicts between an employee's personal interests and the interests of the public;

(b) prohibit an employee from using information obtained in the course of their employment for personal gain;

(c) address potential conflicts between the service provider's interests, including the interests of its affiliates, and the interests of the public;

(d) prohibit a district registrar or a deputy district registrar from

(i) practising as a conveyancer, or

(ii) advising or otherwise acting for a person in relation to an instrument or title, except in the performance of his or her duties as a district registrar or deputy district registrar;

(e) prohibit the Examiner of Surveys from practising as a land surveyor, except in the performance of his or her duties as the Examiner of Surveys; and

(f) include other measures required by the minister.

Employment of district registrars not practice of law

3.8         Despite The Legal Profession Act, a service provider is not by reason only of its employee's performance of the duties of a district registrar considered to be practising law within the meaning of that Act.

Employment of examiners not practice of land surveying

3.9         Despite The Land Surveyors Act, a service provider is not by reason only of its employee's performance of the duties of the Examiner of Surveys considered to be engaged in the practice of land surveying within the meaning of that Act.

Agreement respecting designation and revocation of officials

3.10        If the land registry services for which a district registrar or the Examiner of Surveys is responsible are provided by a service provider, the designations and revocations of a designation under sections 13 and 13.1 may be governed by an agreement between the government and the service provider.

4           Section 5 is repealed.

5(1)        Subsection 11(1) is replaced with the following:

Office and registration hours

11(1)        The Lieutenant Governor in Council may make regulations prescribing the days and times during which

(a) land titles offices must be open; and

(b) instruments must be received for registration by a land titles office.

5(2)        Subsection 11(2) is repealed.

6           The following is added after section 11 and before the centred heading that follows it:

Payment of prescribed fees

11.1        A person for whom a land registry service is provided must pay the fee prescribed for that service.

7           The centred heading before section 12 is amended by striking out "DISTRICT REGISTRARS AND".

8           Sections 12 and 13 are replaced with the following:

Appointment of Registrar-General

12(1)       A Registrar-General must be appointed under The Civil Service Act.

Oversight by Registrar-General

12(2)       The Registrar-General must exercise general oversight of the land registration systems.

Registrar-General's rules of practice

12(3)       The Registrar-General may make, amend and repeal rules of practice that relate to the land registration systems.

Compliance with rules

12(4)       A district registrar, the Examiner of Surveys and any other person providing a land registry service must comply with the rules under subsection (3).

Delegation of duties

12(5)       The Registrar-General may delegate any of his or her powers or duties to any person employed by the government, except the power to make regulations or rules of practice.

Deputy Registrar-General

12.1(1)     One or more deputy Registrars-General may be appointed as provided in The Civil Service Act. A deputy has the powers, and may perform the duties, of the Registrar-General.

Deputy to assist Registrar-General

12.1(2)     A deputy Registrar-General is to assist the Registrar-General in the performance of his or her duties. If the Registrar-General is absent, or unable to act, or if there is no Registrar-General, a deputy must act in the Registrar-General's place.

Qualifications

12.2        A person is eligible to be the Registrar-General or a deputy Registrar-General only if the person is a lawyer and a member of The Law Society of Manitoba.

Reference to Registrar-General

12.3        A district registrar or the Examiner of Surveys may ask the Registrar-General for an opinion on a point of law or practice. A district registrar and the Examiner of Surveys must act in accordance with an opinion given by the Registrar-General.

Designation of district registrars

13(1)       For each district, the Registrar-General must designate a district registrar.

Designation of deputy district registrars

13(2)       The Registrar-General may designate one or more deputy district registrars.

Revocation of designation

13(3)       The Registrar-General may revoke a designation made under this section.

Qualifications

13(4)       A person is eligible to be a district registrar or deputy district registrar only if the person

(a) is a lawyer and a member of The Law Society of Manitoba; and

(b) is employed by a service provider or employed under The Civil Service Act.

District registrars and deputies interchangeable

13(5)       Every district registrar and deputy district registrar has the powers of, and may perform the duties of, the district registrar of each land titles district.

Deputy to assist district registrar

13(6)       A deputy district registrar is to assist the district registrar in the performance of his or her duties. If the district registrar is absent, or unable to act, or if there is no district registrar for a district, a deputy or another district registrar must act in the district registrar's place.

Delegation of duties

13(7)       Subject to the regulations, a district registrar may delegate any of his or her powers or duties under this or any other Act to any person employed in a land titles office. A district registrar must ensure that a delegated power is properly exercised and that a delegated duty is performed in accordance with this Act.

Designation of Examiner of Surveys

13.1(1)     The Registrar-General must designate an Examiner of Surveys.

Designation of deputy examiners of surveys

13.1(2)     The Registrar-General may designate one or more deputy examiners of surveys.

Revocation of designation

13.1(3)     The Registrar-General may revoke a designation made under this section.

Qualifications

13.1(4)     A person is eligible to be the Examiner of Surveys or a deputy examiner of surveys only if the person

(a) is a Manitoba land surveyor as defined in The Land Surveyors Act; and

(b) is employed by a service provider or employed under The Civil Service Act.

Powers and duties of deputy

13.1(5)     Each deputy examiner of surveys has the powers of, and may perform the duties of, the Examiner of Surveys.

Deputy to assist Examiner of Surveys

13.1(6)     A deputy examiner of surveys is to assist the Examiner of Surveys in the performance of his or her duties. If the Examiner of Surveys is absent, or unable to act, or if there is no Examiner of Surveys, a deputy must act in the Examiner of Surveys' place.

Delegation of duties

13.1(7)     Subject to the regulations, the Examiner of Surveys may delegate any of his or her powers or duties under this or any other Act to any person employed in a land titles office. The Examiner of Surveys must ensure that a delegated power is properly exercised and that a delegated duty is performed in accordance with this Act.

Disclosure

13.2(1)     A district registrar, the Examiner of Surveys or any other person performing the duties of a district registrar or the Examiner of Surveys may advise the Registrar-General if they become aware of a failure to comply with this or any other Act relating to a land registration system.

No adverse employment action

13.2(2)     A service provider must not take any of the measures listed in subsection (3) against an employee by reason only that

(a) the employee has, in good faith, provided information to the Registrar-General in accordance with subsection (1); or

(b) the service provider believes that the employee will do so.

Prohibited measures

13.2(3)     The measures prohibited by subsection (2) are

(a) a disciplinary measure;

(b) a demotion;

(c) termination of employment;

(d) any measure that adversely affects the employee's employment or working conditions; and

(e) a threat to take any of the measures referred to in clauses (a) to (d).

Complaint to Manitoba Labour Board

13.2(4)     An employee of a service provider who alleges that a prohibited measure has been taken against him or her may file a written complaint with The Manitoba Labour Board. Sections 28 and 29 of The Public Interest Disclosure (Whistleblower Protection) Act apply with necessary changes to a complaint under this subsection.

Annual report

13.2(5)     The annual report that the department presided over by the minister must file under section 18 of The Public Interest Disclosure (Whistleblower Protection) Act must include the number of disclosures received by the Registrar-General under this section and any corrective action taken or direction given as a result of a disclosure.

9           Subsection 14(1) is amended by striking out "and assign a serial number to the instrument and such other data as the Registrar General may prescribe" and substituting "assign a serial number to the instrument and record any other data specified in the rules under subsection 12(3)".

10          Subsection 17(1) and section 19 are repealed.

11(1)       Subsection 20(1) is repealed.

11(2)       Subsection 20(4) is replaced with the following:

Cost of certified copies

20(4)       The person requiring the attendance of the district registrar as a witness must pay the prescribed fee for each certified copy produced in accordance with subsection (3).

12          Subsection 51(3) is amended by striking out "approved by the Registrar-General" and substituting "approved by the district registrar".

13          Subsection 52(5) is amended by striking out "as prescribed herein".

14          Subsection 63(5) is replaced with the following:

Approved form document prevails

63(5)       When a document is attached as a schedule to a document in an approved form

(a) the schedule is deemed to be part of the document in an approved form; and

(b) the contents of the document in an approved form prevail if there is a conflict between the document and the schedule.

15          Subsection 66(5) is replaced with the following:

Instruments in old form

66(5)       The district registrar may permit an instrument in the old system form to be registered under the new system if

(a) the instrument deals with land that is under the new system; and

(b) the district registrar is satisfied that the instrument contains sufficient content to pass an estate or interest in land.

An instrument registered under this subsection has the same effect as, and is deemed to contain the implied covenants of, a new system instrument of like nature.

16          Subsection 67(1) is amended by striking out "the Registrar-General" and substituting "a district registrar".

17          Subsection 71(2) is amended

(a) by replacing the section heading with "No compensation"; and

(b) by striking out "The government is not liable to pay compensation to any claimant" and substituting "No person is entitled to compensation under this Act".

18          Subsection 79(1) is replaced with the following:

Severance of joint tenancy

79(1)       The district registrar must not accept for registration an instrument that has the effect of severing a joint tenancy — other than a transmission by a trustee in bankruptcy or one giving effect to an order of the court — unless

(a) the instrument is executed by all the joint tenants;

(b) all the joint tenants, other than those executing the instrument, give their written consent to the instrument; or

(c) the district registrar is provided with evidence, satisfactory to the district registrar, that all joint tenants who have not executed the instrument or given their consent to it have been served with a notice of intent to sever, in an approved form, at least 30 days prior to the registration of the instrument.

19          Subsection 81(2) is amended by striking out ", in any form that may be prescribed in the regulations,".

20(1)       Subsection 85(3) is amended

(a) by adding "in an approved form" after "statutory declaration"; and

(b) by striking out ", in such form and containing such information as may be prescribed by the regulations".

20(2)       Subsection 85(7) is repealed.

21(1)       Subsection 96(4) is amended by striking out "the Registrar General" and substituting "a district registrar".

21(2)       Subsection 96(7.1) is amended in the part before clause (a) by striking out "The government is not liable to pay compensation to any person" and substituting "No person is entitled to compensation under this Act".

21(3)       Subsection 96(13) is amended

(a) by striking out "Where the Registrar General" and substituting "If a district registrar"; and

(b) by striking out "the Registrar General may" and substituting "the district registrar may".

22          Subsection 111.5(4) is replaced with the following:

Service of notice

111.5(4)    Subsection 147(2) applies to the service of a notice under subsection (1) as if it were a notice under subsection 147(1).

23          Subsection 117(10) is amended by striking out "Registrar-General" and substituting "Examiner of Surveys".

24          Subsections 121(1) and (3) are amended by adding "or a district registrar" after "Registrar-General".

25          Section 122 is amended by striking out "the Registrar-General" and substituting "a district registrar".

26          Section 123 is replaced with the following:

Certifying copies of plans

123          A district registrar may cause a copy of a plan registered, filed or deposited in a registry office or land titles office, to be made under the direction of the Examiner of Surveys, who, together with the district registrar, shall certify that it is a true copy of the original. A certified copy has the same force and effect as the original plan.

27          Subsection 124(2) is amended in the section heading and in the section by striking out "Registrar-General" and substituting "Examiner of Surveys".

28          Subsection 125(2) is amended by striking out "Registrar-General" and substituting "Examiner of Surveys".

29          Section 131 is amended by striking out "thereof as may be prescribed from time to time by the Registrar-General" and substituting "as the Registrar-General requires".

30          Section 144 is amended by striking out "prescribes" and substituting "makes".

31          Subsection 147(2) is amended by striking out "prescribed for service of notices" and substituting "a notice must be served".

32          Subsection 150(2) is replaced with the following:

Service of notice

150(2)      Subsection 147(2) applies to the service of a notice under subsection (1) as if it were a notice under subsection 147(1).

33          The following is added after subsection 169.1(6):

Informal resolution

169.1(6.1)  Instead of proceeding in accordance with subsections (7) to (11), the Registrar-General may take any steps he or she considers appropriate to resolve an application informally to the satisfaction of the interested parties and in a manner consistent with this Act.

34(1)       Subsection 181(1) is replaced with the following:

Assurance fund

181(1)      The government shall maintain a fund known as the "assurance fund".

34(2)       Subsections 181(2) and (5) are repealed.

35          Section 182 is amended by striking out "183" and substituting "182.1".

36          The following is added after section 182:

Claim against government

182.1       A claim for compensation must be made against the government.

37          Subsection 184(1) is amended by striking out "The government is not liable to pay compensation from the assurance fund to a person" and substituting "No person is entitled to compensation".

38          In the following provisions, "The government is not liable to pay compensation to a person" is struck out and "No person is entitled to compensation" is substituted:

(a) sections 185, 186, 187 and 189;

(b) in the part before clause (a) in section 188 and subsection 190(1).

39          Section 192.1 is amended by striking out "Her Majesty in right of the province" and substituting "the Government of Manitoba".

40          Section 192.2 is renumbered as subsection 192.2(1) and the following are added as subsections 192.2(2) and (3):

Limits on liability of employer

192.2(2)    The limit on liability provided by subsection (1) to an employee or agent of a service provider also applies to the government and the service provider to the same extent that it would apply to the government under The Proceedings Against the Crown Act if the employee or agent were an officer or agent of the government. But this subsection does not limit the liability of the service provider to the government.

"Employee of a land titles office" defined

192.2(3)    In this section and section 192.1, "employee of a land titles office" includes a person who is employed by a service provider to provide land registry services.

41          The following is added after section 193:

Forms approved by Registrar-General

193.1       The Registrar-General may approve forms for use under this Act.

42(1)       Clause 195(a) is repealed.

42(2)       Clause 195(b) is replaced with the following:

(b) prescribing fees payable under this Act or The Registry Act and prescribing fees payable under any other Act for services provided by a district registrar or a land titles office;

42(3)       The following is added after clause 195(d):

(e) for the purpose of subsections 13(7) and 13.1(7), specifying powers or duties of a district registrar or the Examiner of Surveys that must not be delegated except with the approval of the Registrar-General.

43          Section 196 is repealed.

44          The provisions of The Real Property Act listed in the Schedule to this Act are amended as specified in the Schedule.

PART 2

THE PERSONAL PROPERTY SECURITY ACT

C.C.S.M. c. P35 amended

45          The Personal Property Security Act is amended by this Part.

46          Section 1 is amended by adding the following definitions:

"personal information" means personal information within the meaning of The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

"registry service" means a service relating to the Registry that is provided by or on behalf of the government; (« service d'enregistrement »)

"service provider" means a person, partnership or entity designated under section 2.1; (« fournisseur de services »)

47          The following is added after section 2:

PART 1.1

SERVICE PROVIDER

LG in C may designate service provider

2.1         The Lieutenant Governor in Council may by regulation designate a person, partnership or other entity as a service provider to provide one or more registry services on behalf of the government.

Collection and retention of fees

2.2(1)      The Lieutenant Governor in Council may by regulation authorize a service provider to

(a) collect on behalf of the government the fees payable under this Act; and

(b) despite Part 3 of The Financial Administration Act, retain for its own account all or a portion of the fees as compensation for providing registry services on behalf of the government.

Retained amount

2.2(2)      An amount retained by a service provider in accordance with a regulation under subsection (1) is not public money for the purpose of The Financial Administration Act.

Not Crown agent

2.3         Subject to the regulations, a service provider is not an agent of the Crown.

Service provider's duties

2.4         A service provider must ensure that any person employed by it to provide a registry service fulfills his or her obligations under the Act.

Government records

2.5(1)      Every record created or received by a service provider for the purpose of providing registry services is deemed to be a government record under The Archives and Recordkeeping Act.

Public access

2.5(2)      Every record respecting the provision of registry services is deemed to be under the control of the minister for the purpose of Part 2 of The Freedom of Information and Protection of Privacy Act.

Confidential records

2.5(3)      Subsection (2) does not apply to

(a) a trade secret of the service provider; or

(b) commercial, financial, labour relations, scientific or technical information of a service provider that the service provider has treated consistently as confidential.

Service provider must provide records to minister

2.5(4)      If a request for access to a record to which subsection (2) applies is made under Part 2 of The Freedom of Information and Protection of Privacy Act, the service provider must

(a) provide the minister, or a person appointed by the minister, with the record and any other record the minister considers necessary to respond to the request for access; and

(b) cooperate with the minister in responding to the request.

Definition of "record"

2.5(5)      In this section, "record" means a record of information in any form, including electronic form, but does not include a mechanism or system for generating, sending, receiving, storing or otherwise processing information.

Collection, use and disclosure of information

2.6(1)      A service provider may collect, use and disclose personal information to the extent necessary for the purpose of providing registry services on behalf of the government.

Protection of privacy

2.6(2)      A service provider must, with respect to personal information collected or retained by it to provide registry services, comply with the restrictions and obligations respecting personal information set out in Part 3 of The Freedom of Information and Protection of Privacy Act.

Privacy policy

2.6(3)      A service provider must establish a policy, acceptable to the minister, to protect

(a) the confidentiality, security, accuracy and integrity of personal information collected or retained by it to provide registry services; and

(b) the privacy of the persons whom the personal information is about.

Publication of policy

2.6(4)      The service provider must make the policy established under subsection (3) available to the public.

Conflict of interest policy

2.7(1)      A service provider must establish, and make available to the public, a conflict of interest policy that is acceptable to the minister.

Content of policy

2.7(2)      The conflict of interest policy must

(a) include a process for identifying and avoiding conflicts between an employee's personal interests and the interests of the public;

(b) prohibit an employee from using information obtained in the course of their employment for personal gain;

(c) address potential conflicts between the service provider's interests, including the interests of its affiliates, and the interests of the public;

(d) prohibit the Registrar from advising or acting as the agent of any person in relation to a security interest or registration under this Act, except in the performance of his or her duties as Registrar; and

(e) include other measures required by the minister.

Agreement respecting designation and revocation of officials

2.8         If registry services are provided by a service provider, the designations and revocations of a designation under section 42 may be governed by an agreement between the government and the service provider.

48(1)       Subsections 42(2) and (3) are replaced with the following:

Designation of Registrar

42(2)       The Registrar-General must designate a Registrar of Personal Property Security.

Designation of deputy registrars

42(2.1)     The Registrar-General may designate one or more deputy registrars.

Revocation of designation

42(2.2)     The Registrar-General may revoke a designation made under this section.

Employment of Registrar and deputies

42(2.3)     A person is not eligible to be the Registrar or a deputy registrar unless he or she is employed by a service provider or employed under The Civil Service Act.

Powers and duties of Registrar

42(3)       Subject to sections 42.1 to 42.3, the Registrar and deputy registrars must supervise the Registry and shall have the powers and obligations set out in this Act and any other Act, and as prescribed in a regulation to this Act or any other Act providing for registration in the Registry.

48(2)       The following is added after subsection 42(4):

Powers and duties of deputy

42(5)       Each deputy registrar has the powers of, and may perform the duties of, the Registrar.

Deputy to assist Registrar

42(6)       A deputy registrar is to assist the Registrar in the performance of his or her duties. If the Registrar is absent, or unable to act, or if there is no Registrar, a deputy registrar must act in the Registrar's place.

49          The following is added after section 42:

Oversight by Registrar-General

42.1(1)     The Registrar-General must exercise general oversight of the Registry.

Registrar-General's rules of practice

42.1(2)     The Registrar-General may make, amend and repeal rules of practice that relate to the Registry.

Compliance with rules

42.1(3)     The Registrar and any other person engaged in the operation of the Registry must comply with the rules under subsection (2).

Delegation of duties

42.1(4)     The Registrar-General may delegate any of his or her powers or duties to any person employed by the government, except the power to make rules.

Reference to Registrar-General

42.2        The Registrar may ask the Registrar-General for an opinion on a point of law or practice. The Registrar must act in accordance with an opinion given by the Registrar-General.

Referral by person to Registrar-General

42.3(1)     A person who is affected by a decision of the Registrar or any other employee of the Registry respecting the provision of a registry service may refer the matter to the Registrar-General for a decision.

Complying with Registrar-General's decision

42.3(2)     If the Registrar-General makes a decision on a matter referred under subsection (1), the Registrar must act in accordance with the decision.

Disclosure

42.4(1)     The Registrar or any other person engaged in the operation of the Registry may advise the Registrar-General if they become aware of any failure to comply with this Act.

No adverse employment action

42.4(2)     A service provider must not take any of the measures listed in subsection (3) against an employee by reason only that

(a) the employee has, in good faith, provided information to the Registrar-General in accordance with subsection (1); or

(b) the service provider believes that the employee will do so.

Prohibited measures

42.4(3)     The measures prohibited by subsection (2) are

(a) a disciplinary measure;

(b) a demotion;

(c) termination of employment;

(d) any measure that adversely affects the employee's employment or working conditions; and

(e) a threat to take any of the measures referred to in clauses (a) to (d).

Complaint to Manitoba Labour Board

42.4(4)     An employee of a service provider who alleges that a prohibited measure has been taken against him or her may file a written complaint with The Manitoba Labour Board. Sections 28 and 29 of The Public Interest Disclosure (Whistleblower Protection) Act apply with necessary changes to a complaint under this subsection.

Annual report

42.4(5)     The annual report that the department presided over by the minister must file under section 18 of The Public Interest Disclosure (Whistleblower Protection) Act must include the number of disclosures received by the Registrar-General under this section and any corrective action taken or direction given as a result of a disclosure.

50(1)       Clause 52(2)(a) is amended by striking out "province" and substituting "Government of Manitoba or service provider".

50(2)       Subsection 52(4) is amended by adding "a service provider, the Registrar-General," after "Crown in right of the province,".

50(3)       The following is added after subsection 52(4):

Action by government

52(4.1)     Subsection (4) does not apply to an action brought against a service provider by the Government of Manitoba.

51          Subsection 54(4) is amended by striking out "Registrar" wherever it occurs and substituting "Registrar-General".

52          Section 72 is amended

(a) in clause (b) of the English version, by striking out "prescribing the duties of" and substituting "respecting duties to be performed by";

(b) by replacing clause (e) with the following:

(e) prescribing fees payable under this Act, prescribing fees payable under any other Act for services in relation to the Registry, and respecting the manner in which fees must be paid;

(c) by repealing clause (o).

PART 3

THE REGISTRY ACT

C.C.S.M. c. R50 amended

53          The Registry Act is amended by this Part.

54          Section 1 is amended

(a) in the definition "registrar",

(i) by striking out "appointed" where it first occurs and substituting "designated", and

(ii) by striking out "; and each deputy of a district registrar appointed under section 6"; and

(b) by adding the following definition:

"service provider" means a service provider under The Real Property Act; (« fournisseur de services »)

55          Sections 6 and 7 are repealed.

56          Clause 8(c) is amended by striking out "; or a deputy of that district registrar appointed under section 6".

57          Section 9 is replaced with the following:

Registry is property of government

9           All instruments, records and data registered, filed, deposited or maintained under this Act are the property of the government.

58          Section 12 is repealed.

59           Section 16 is amended

(a) in the section heading, by striking out "District registrar not liable" and substituting "No liability"; and

(b) by striking out "person acting under his authority under this Act, nor is any surety of such an officer" and substituting "other person".

60(1)       Subsection 20(2) is amended

(a) by replacing the section heading with "No compensation for loss"; and

(b) by striking out "The government is not liable to pay compensation to any claimant" and substituting "No person is entitled to compensation".

60(2)       Subsection 20(3) is amended by striking out "in such form and containing such information as may be prescribed by the regulations" and substituting "in a form approved by the Registrar-General".

60(3)       Subsection 20(8) is replaced with the following:

Forms

20(8)       The Registrar-General may approve forms to be used for the purpose of this section.

60(4)       Subsection 20(9) is repealed.

61          Section 48 is amended in the section heading and in the section by striking out "Registrar-General" and substituting "Examiner of Surveys".

62          Section 50 is replaced with the following:

Certifying copies of plans

50          A district registrar may cause a copy of a plan registered, filed or deposited in a registry office to be made under the direction of the Examiner of Surveys, who, together with the district registrar, shall certify that it is a true copy of the original. A certified copy has the same force and effect as the original plan.

63          Subsection 52(2) is amended by adding "or a district registrar" after "Registrar-General".

64          Subsection 66(1) and sections 67 and 68 are repealed.

PART 4

RELATED AND CONSEQUENTIAL AMENDMENTS

The Archives and Recordkeeping Act

C.C.S.M. c. A132 amended

65          Subsection 29(1) of The Archives and Recordkeeping Act is amended by adding ", or for," after "generated or received by".

The City of Winnipeg Charter

S.M. 2002, c. 39 amended

66(1)       The City of Winnipeg Charter is amended by this section.

66(2)       Subsection 184(7) is amended by striking out "prescribed" and substituting "approved".

66(3)       Subsection 200(2) is amended by adding ", a service provider under The Real Property Act" before "or the government".

66(4)       Subsection 382(1) is amended by striking out "prescribed" and substituting "approved".

66(5)       Subsection 398(2) is amended by adding ", a service provider under The Real Property Act" before "or the government".

The Condominium Act

R.S.M. 1987, c. C170 amended

67           Section 1 of The Condominium Act is amended by repealing the definitions "district registrar" and "Registrar General".

(Unproclaimed) S.M. 2011, c. 30, Schedule A amended

68          Subsection 1(1) of The Condominium Act, as enacted by S.M. 2011, c. 30, is amended

(a) by repealing the definition "district registrar"; and

(b) in the definition "Examiner of Surveys", by striking out "appointed".

The Homesteads Act

C.C.S.M. c. H80 amended

69          Subsection 20(1) of The Homesteads Act is amended by striking out "prescribed" and substituting "approved".

The Hudson's Bay Company Land Register Act

C.C.S.M. c. H170 amended

70          Section 6 of The Hudson's Bay Company Land Register Act is amended by striking out "district registrar" and substituting "Registrar-General".

The Interpretation Act

C.C.S.M. c. I80 amended

71          The Schedule of Definitions to The Interpretation Act is amended in the definition "district registrar" by striking out "appointed" and substituting "designated".

The Legal Aid Manitoba Act

C.C.S.M. c. L105 amended

72          Clause 17.1(5)(b) of The Legal Aid Manitoba Act is amended by striking out "prescribed" and substituting "approved".

The Legal Profession Act

C.C.S.M. c. L107 amended

73(1)       The Legal Profession Act is amended by this section.

73(2)       Clause 19(2)(b) is amended by adding "or (3.1)" after "subsection (3)".

73(3)       The following is added after subsection 19(3):

Exemption — district registrars

19(3.1)     A district registrar or deputy district registrar under The Real Property Act is not required to contribute to the professional liability claims fund unless he or she practises law outside the scope of the duties of a district registrar.

73(4)       The following is added after clause 20(4)(b):

(b.1) a district registrar or deputy district registrar under The Real Property Act acting within the scope of the duties of a district registrar;

The Life Leases Act

C.C.S.M. c. L130 amended

74(1)       The Life Leases Act is amended by this section.

74(2)       Subsection 11(6) is amended by striking out "or Land Titles Office under" and substituting ", a Land Titles Office, the government or a service provider under".

The Municipal Act

C.C.S.M. c. M225 amended

75(1)        The Municipal Act is amended by this section.

75(2)       Subsections 247.1(1) and 363(1) are amended by repealing the definition "district registrar".

75(3)       Subsection 247.11(2) is amended by adding ", a service provider under The Real Property Act," before "or the government".

75(4)       Clause 247.13(1)(a) is amended by striking out "prescribed" and substituting "approved".

75(5)       Section 379 is amended by striking out "or a Land Titles Office for" and substituting ", a Land Titles Office, the government or a service provider under The Real Property Act for".

The Oil and Gas Act

C.C.S.M. c. O34 amended

76          Subsection 224(3) of The Oil and Gas Act is amended by striking out "appointed".

The Residential Tenancies Act

C.C.S.M. c. R119 amended

77          Subsection 182(5) of The Residential Tenancies Act is amended by striking out "prescribed" and substituting "approved".

The Special Survey Act

C.C.S.M. c. S190 amended

78          Section 2 of The Special Survey Act is amended

(a) by replacing the section heading with "Registrar-General and Examiner of Surveys to provide guidance";

(b) by adding "and Examiner of Surveys" after "and instructions from, the Registrar-General"; and

(c) by striking out everything after "prepared the plan," and substituting "with the Examiner of Surveys.".

The Tax Administration and Miscellaneous Taxes Act

C.C.S.M. c. T2 amended

79(1)       The Tax Administration and Miscellaneous Taxes Act is amended by this section.

79(2)       Subsection 111(1) is amended by replacing the definition "collector" with the following:

"collector" means

(a) a service provider authorized to collect fees under The Real Property Act, or

(b) if there is no service provider authorized to collect fees under The Real Property Act, the district registrar of a land titles district and the registrar of a registration district; (« percepteur »)

79(3)       The following is added after subsection 115(2):

Certificate of value

115(3)      If a district registrar is not satisfied that the fair market value set out in an affidavit under this section is correct, the district registrar may require the person tendering the transfer to produce an appraisal or any other evidence.

79(4)       The following is added after section 120:

Property of collector deemed to be held in trust

120.1(1)    Money and other property of a collector, and property held by a secured creditor, that but for a security interest would be property of the collector, equal in value to the tax collected is deemed, from the time the tax is collected until it is remitted,

(a) to be held in trust for, and beneficially owned by, the government;

(b) to be held separate and apart from other property of the collector and other property that, but for a security interest, would be property of the collector; and

(c) to form no part of the estate or property of the collector.

These rules apply to property even if it is subject to a security interest and even if the security interest arose before this subsection came into force or before the tax was collected.

Priority of taxes collected and held in trust

120.1(2)    Money held in trust under subsection (1), and the proceeds of any other property held in trust under that subsection, must be paid to the minister in priority to all security interests, including one that arose before this subsection came into force or before the money or other property became subject to the trust.

PART 5

COMING INTO FORCE

80          This Act comes into force on a day to be fixed by proclamation.


SCHEDULE (Section 44)

Column 1
Strike out
Column 2
Substitute
Column 3
The Real Property Act Provisions
"the form prescribed by the regulations" "an approved form" 25; 52(1); 63(1);
91(1) and (2); 101(1); 121(6)(a); 128(4); 145; 148(1)
"a form prescribed by regulation" in the part before clause (a) "an approved form" 60(3)
"the form of which is prescribed in the regulations" "in an approved form" 72(2) — "mortgage"; "transfer"
"such form as may be prescribed in the regulations" "an approved form" 85(1)
"the prescribed" in the part after clause (b) "an approved" 91(3)
"the form prescribed by the regulations" wherever it occurs "an approved form" 96(1)
"affecting the land in the form herein prescribed" ", in an approved form, which affects the land" 99
"the form prescribed by regulations" "an approved form" 109(1) in the part after clause (h); 156(1); 156(2) in the part before clause (a)
"the form prescribed by regulation" "an approved form" 110(1) in the part after clause (b)
", the form of which is prescribed by the regulations," "in an approved form" 194

Explanatory Note

This Bill amends The Real Property Act, The Personal Property Security Act and The Registry Act to allow services under those Acts to be provided by a designated service provider.

Specifically, these Acts are amended to

(a) allow the Lieutenant Governor in Council to

(i) designate a person as a service provider to provide land registry services and personal property registry services, and

(ii) authorize the service provider to collect the fees payable under the Acts and to retain all or a portion of the fees as compensation for providing the services;

(b) ensure that registry records remain government property and government records for the purpose of The Archives and Recordkeeping Act;

(c) ensure that the access and privacy protection provisions of The Freedom of Information and Protection of Privacy Act apply to registry records and to the personal information of persons using the registry;

(d) require a service provider to establish privacy and conflict of interest policies;

(e) maintain the role of the Registrar-General as a government official responsible for overseeing the land registration systems and the personal property registry;

(f) allow for the employment by a service provider of the district registrars, the Examiner of Surveys, the Registrar of Personal Property Security and their deputies (the "statutory officers");

(g) authorize the government to enter into an agreement with a service provider governing the designation of statutory officers, and the revocation of designations, by the Registrar-General;

(h) allow for the delegation of statutory duties, subject to any restriction imposed by regulation;

(i) provide employment protection to any person performing statutory duties who discloses a failure to comply with statutory requirements;

(j) modernize language to facilitate electronic filing and registration of documents;

(k) re-assign certain functions as between the Registrar-General and the statutory officers;

(l) maintain the compensation scheme under The Real Property Act (commonly referred to as the assurance fund) and the corresponding limitations on liability, and extend that liability protection to cover a service provider; and

(m) allow for approval of forms by the Registrar-General rather than by regulation.

Related amendments to Part III of The Tax Administration and Miscellaneous Taxes Act enable a service provider to collect the land transfer tax and impose a deemed trust on tax money collected by the service provider. A further amendment allows a district registrar to require additional evidence in support of the fair market value of the land on which the tax is assessed.

Amendments, including related amendments to The Legal Profession Act, maintain the current criteria that district registrars must be lawyers but are not required to contribute to the Law Society's professional liability claims fund or to maintain practising status.

There are related and consequential amendments to a number of other Acts.