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S.M. 1986-87, c. 4
The Real Property Act and Various Other Acts Amendment Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
AMENDMENTS TO THE REAL PROPERTY ACT
Subsection 2(1) of The Real Property Act, being chapter R30 of the Continuing Consolidation of the Statutes of Manitoba (hereinafter in this Part referred to as "the Act") is repealed and the the following subsection is substituted therefor:
In this Act, and in instruments purporting to be made or registered under this Act, unless the context otherwise requires
"certificate of title" means a certificate bound in the register and issued by the district registrar in the form approved by the regulations; ("certificat de titre")
"court" means Her Majesty's Court of Queen's Bench for Manitoba; ("tribunal")
"crown reserve" means land which vests in the Crown which is not dedicated to the public; ("réserve de la Couronne")
"encumbrance" means a charge or lien on land other than a mortgage, and includes an hypothecation of the charge or lien; ("charge")
"encumbrancer" means the owner of an encumbrance; ("bénéficiaire de charge")
"instrument" means a certificate of title, title, certificate of search or charge, book, record, plan, or data stored in the data storage system, relating to a dealing with land, or creating a mortgage, encumbrance, or lien thereon, or evidencing title thereto and includes any duplicate of the instrument; ("instrument")
"issuing of certificate of title" or "issuing title" means the signing of a certificate of title or the acceptance of a title by the district registrar; ("délivrance de certificat de titre" ou "délivrance de titre")
"judge" means a judge of the court; ("juge")
"land" means land, messuages, tenements, hereditamens, corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, and whether legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, and easements, appertaining thereto, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted; ("bien-fonds")
"lease" includes a sub-lease; ("bail")
"mortgage" a charge on land created for securing a debt existing, future or contingent, or a loan, and includes an hypothecation of the charge; ("hypothèque")
"mortgagee" means the owner of a mortgage; ("créancier hypothécaire")
"mortgagor" means the owner of land subject to a mortgage; ("débiteur hypothécaire")
"new system" means the system of registration provided by this Act; ( "nouveau système")
"old system" means the system of registration provided by The Registry Act; ("ancien système")
"owner" means a person registered under this Act as owner of land or of a mortgage, encumbrance, or lease, whether entitled thereto in his own right or in his representative capacity and in the case of a title, includes without specific mention, an owner of an estate in fee simple in possession"; ("propriétaire")
"person of unsound mind" means a person, not an infant, who is incapable, from infirmity of mind, of managing his own affairs; ("faible d'esprit")
"public reserve" means land which vests in a municipality and which is dedicated to the public; ("réserve publique")
"register" means the books kept in a land titles office in which certificates of title are entered and bound and includes the data storage system where data concerning titles are entered and accepted; ("registre")
"title" means data entered in the data storage system which conforms to the form of the title as provided in the regulations and given accepted status by the district registrar; ("titre")
"transmission" means the passing of title to land, mortgages, encumbrances, or leases, in any manner other than by transfer from the owner. ("transmission")
Subsecs. 2(3), (4), (5), (6) and (7) added.
Section 2 of the Act is further amended by adding thereto, immediately after subsection (2) thereof, the following subsections:
Reference to "certificate of title".
Where in this or any other Act, or in any regulation made thereunder, the expression "certificate of title" is used that expression shall be deemed to include a title issued under this Act and the expression "duplicate certificate of title" includes duplicate title.
Reference in other Acts to "memorial" or "memorandum".
Where in any other Act or in any regulation made under that Act, the word "memorial" or "memorandum" is used, they shall be deemed to include any memorial, memorandum or entry, as the case may be, under the Act.
The expression "as joint tenants" where used in this Act or in a title, instrument or other document means as joint tenants and not as tenants in common.
The expression "subject to the new system" means that no registration affecting title to land may be made other than under the new system.
When registration of instrument is completed.
Registration of an instrument which is registrable under this Act is completed by the signing of the certificate of registration by the district registrar.
Subsection 12(3) of the Act is amended by striking out the words and figures "subsection (1) or (2)" in the 1st line thereof and substituting therefor the words "this section".
Subsection 12(7) of the Act is repealed and the following subsection is substituted therefor:
Certain officers to be barristers.
No person shall be appointed Registrar General or as a district registrar or a deputy district registrar unless the person is a duly qualified barrister or solicitor entitled to practise in Manitoba.
Subsection 13(4) of the Act is amended by adding thereto immediately after the word "registration" in the 7th and 8th lines thereof the words "certificate of charge".
Section 14 of the Act is repealed.
Subsection 15(1) of the Act is repealed and the following subsection is substituted therefor:
Daily record of District Registrar.
The district registrar shall record and make all entries of every instrument presented for registration, and assign a serial number to the instrument and such other data as the Registrar General may prescribe, in the order in which it was presented together with the date of presentation; and the record of these entries shall be called the daily record.
Subsection 15(3) of the Act is repealed and the following subsection is substituted therefor:
Fee book, receiving book and transfer journal.
The fee book, receiving book and transfer journal kept in a land titles office shall be deemed to be a part of the daily record, and any entry made in the fee book, receiving book or transfer journal shall be deemed to be an entry made in the daily record.
Subsection 17(3) of the Act is amended by adding thereto at the end thereof the words "or charged to a credit account maintained by the district registrar in the name of the person for or on whose behalf the service is rendered. ".
Subsection 20(2) of the Act is amended by adding thereto, immediately after the word "book" in each case where it appears in the 1st and 2nd lines thereof, the words "or record".
Clause 22(1)(f) of the Act is repealed and the following clause is substituted therefor:
(f) issue certified copies of any title or of any document registered or filed in the land titles office of the district registrar.
Clause 22(1)(g) of the Act is amended by striking out the word " photostatic" in the 2nd line thereof.
Cls. 22(1)(h), (i) and (j) added.
Subsection 22(1) of the Act is further amended by adding thereto at the end thereof the following clauses:
(h) present for registration, a request to issue a new certificate of title and dispense with the production of the duplicate certificate of title of the outstanding certificate of title if issued, and make an entry therein, to the effect that the duplicate certificate of title shall be produced, where necessary, on the next dealing with the land described in the new certificate of title;
(i) destroy a duplicate certificate of title upon presentation thereof to the land titles office, where the original title to which the duplicate certificate of title relates has been cancelled and a new certificate of title or title previously issued for any reason;
(j) issue in substitution of a destroyed duplicate certificate of title, a printout of the title where the certificate of title has been converted to a title, or issue in substitution, the new duplicate certificate of title where issued as a result of the registration of a plan of special plot or special survey.
Clause 22(3)(f) of the Act is repealed and the following clause is substituted therefor:
(f) Each title that has been cancelled or entered into a new register as provided in section 56, forthwith after the cancellation or entry, if a microfilm or other photostatic copy thereof is preserved.
Subsecs. 22(5), (6), (7) and (8) rep. and sub.
Subsections 22(5), (6), (7) and (8) of the Act are repealed and the following subsections are substituted therefor:
Where the Registrar General is satisfied that a certificate of title has been destroyed or lost, or cannot be found, or has been inadvertently purged from the register, the Registrar General may order the district registrar to prepare from the records in the office of the district registrar, a substitute title which shall be as nearly as possible a copy of the original title with all endorsements or entries and shall be recorded as a substitute title.
Where the Registrar General is satisfied that the register or any portion thereof has been destroyed, lost, or cannot be found, or has been inadvertently purged, the Registrar General may make an order under subsection (5) which applies to those titles in the register which remain active.
The date of a substitute title prepared pursuant to an order made under subsection (5) or (6) shall be the date of the title which it replaces; but the district registrar shall certify the date upon which the substitute title was entered in the register.
Where evidence of signature not available.
Where evidence of original signatures of memorials is not available, it is sufficient evidence that the memorials were duly signed if
(a) the word "signed" is entered in the space provided for the signatures; or
(b) the district registrar accepts the substituted title.
Section 25 of the Act is amended by striking out the words and letter "in Schedule A" in the 1st line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 26(1) of the Act is amended by striking out the word "note" in the 4th line thereof and substituting therefor the words "make an entry".
Subsection 26(4) of the Act is amended by striking out the words "bound up in the register and of every memorial and endorsement" in the 3rd and 4th lines thereof and substituting therefor the words "in the register, and of all entries or memorials and endorsements".
Subsection 26(5) of the Act is amended by striking out all the words of the subsection immediately following the word "requires" in the 6th line thereof.
Subsection 30(3) of the Act is amended by adding thereto, immediately after the word "memorial" in the 2nd and 7th lines thereof, in each case, the words "or entry".
Subsection 30(5) of the Act is amended by striking out the figures "14" in the 2nd line thereof and substituting therefor the figures "30".
Section 38 of the Act is repealed and the following section is substituted therefor:
Entry of withdrawal or rejection in old system.
On the withdrawal or rejection of an application either in whole or in part, the district registrar shall make an entry in the abstract of title under the old system, to that effect, and upon the entry, the land thereby affected ceases to be subject to the new system, and immediately becomes subject to the old system.
Subsection 39(1) of the Act is repealed and the following subsection is substituted therefor:
Effect of withdrawal or rejection where direction filed.
In the case of the withdrawal or rejection in whole or in part of an application to bring land under the new system, under which a direction has been filed with the district registrar, that title issue to some person other than the applicant, either alone or conjointly with the applicant, the recording of the partial withdrawal or rejection, in the abstract of title under the old system, has the effect of revesting the land affected in the person in whom, had no direction been filed, it would have remained vested, as fully and effectively as if no direction had been made.
Subsection 45(5) of the Act is repealed and the following subsections are substituted therefor:
Land sold for taxes subject to certain encumbrances.
Where land is sold for taxes it shall be deemed to have been sold subject to those instruments set out in subsection 106(1), utility and pipeline easements as set out in section 106.1, building restriction covenants, easement agreements, including party wall and right of way agreements, declarations under subsection 74(1.1), caveats relating to zoning, subdivision or development agreements, and caveats or agreements filed relating to an expropriation.
This section applies to applications whether the land is under the new or old system.
Section 46 of the Act is amended by adding thereto, immediately after the word "memorial" in the 4th line thereof, the words "or entry".
Subsection 47(4) of the Act is amended (a) by adding thereto, immediately after the word "memorial" in the 4th line thereof the words "or makes an entry"; and
(b) by striking out the word "book" in the 8th line thereof and substituting therefor the words "abstract of title".
Subsection 49(1) of the Act is amended by striking out the words "register the assignment and may at any time thereafter make an application" immediately after the word "may" where it occurs for the 1st time in the 5th line thereof and substituting therefor the words "by way of a transmission application apply".
Subsection 50(2) of the Act is amended by striking out the words "cause such memorials to be made, and such certificates to be issued, " immediately after the word "may" in the 2nd line thereof and substituting therefor the words "make the appropriate entries or issue title".
Subsection 51(1) of the Act is repealed and the following subsection is substituted therefor:
Title shall be deemed to have issued, under and for the purpose of this Act
(a) where a certificate of title has been signed by the district registrar; or
(b) where a title, the entry has been given accepted status by the district registrar.
Section 52 of the Act is repealed and the following section is substituted therefor:
Title shall issue in the form prescribed by the regulations and shall be known as a certificate of title, in the case of a paper title, or where issued as a result of an electronic entry, a title.
When duplicate title to issue.
A duplicate certificate of title signed by the district registrar shall only be issued
(a) at the discretion of the district registrar; or
(b) upon the request of a registered owner where the land is not subject to a mortgage or encumbrance; and the district registrar shall make an entry to that effect in the register setting forth the date of issuance; and a second duplicate certificate of title shall not be issued until the first one has been presented to the district registrar and destroyed or accounted for under section 26.
Section 53 of the Act is repealed and the following section is substituted therefor:
Where the district registrar is required to make an entry in the register, he shall
(a) in the case of a certificate of title, make a like entry on the duplicate certificate of title if issued, unless production thereof is dispensed with; or
(b) in the case of an electronic title, upon production of the duplicate title, destroy the old duplicate title and render a new reproduction in substitution therefor, unless the production thereof has been dispensed with, or no duplicate title has been issued.
Subsection 55(1) of the Act is amended by striking out all the words of the subsection immediately following the word "trustee" in the 2nd line thereof.
Section 56 of the Act is repealed and the following section is substituted therefor:
Transferring and entering uncancelled title.
The district registrar may order that the titles in a register that remain uncancelled
(a) be transferred to; or
(b) be entered into; or
(c) in certain cases, be transferred to, and in other cases be entered into; a new register.
District registrar to attach order.
Where the district registrar makes an order under subsection (1), the district registrar shall attach
(a) the order; and
(b) the affidavit or declaration of the district registrar, or the affidavit or declaration of a person appointed by the district registrar for the purpose to the effect that the new register has been constituted in accordance with the order of the district registrar, and that the entries are true entries of the original titles of which they purport to be entries; and the entries shall, for all purposes be accepted and received as original titles and as evidence of the contents thereof.
The district registrar may order a book in a land titles office is out of repair and unfit for use to be repaired in such manner as the district registrar thinks necessary.
Conversion to electronic titles.
The district registrar may order that the certificates of title that remain uncancelled be entered as titles in the register, and once accepted, shall be received as the original title and as evidence of the contents thereof.
Section 60 of the Act is repealed and the following section is substituted therefor:
Production of title prima facie evidence of execution.
The production in a court of a document purporting to be a title is prima facie proof that the document is a title duly signed and sealed, without proof of signature or seal, and that the title is in force and uncancelled.
Production of certificate of search of a title.
The production in court of a certificate of search of a title is prima facie proof, that the certificate is a reproduction of the original title.
Section 63 of the Act is repealed and the following section is substituted therefor:
Registration Details Application to accompany instrument
Every instrument or series of instruments presented for registration shall be accompanied by a Registration Details Application in the form prescribed by the regulations.
When instrument deemed to be registered.
Every instrument purporting to affect land under the new system shall be deemed to be registered when a certificate of registration has been endorsed upon the instrument and has been signed by the district registrar; and this certificate shall be received in all courts as conclusive proof that the instrument was duly registered.
Document deemed to be embodied in register.
Upon registration, an instrument shall be deemed to be embodied in the register, and thereupon it creates, transfers, surrenders, charges, or discharges, as the case requires, the land or the estate or interest therein mentioned in the instrument.
District registrar to file instrument
The district registrar, upon registration of an instrument, shall file it, or a duplicate thereof, in the office of the district registrar.
Prescribed form document to prevail.
A document attached as a schedule to a document whose form is prescribed shall be deemed to be part of the document; and where there is a conflict between contents of a document whose form is prescribed and the contents of a document attached to it as a schedule, the document whose form is prescribed prevails.
Section 66 of the Act is amended by adding thereto, immediately after subsection (1) thereof, the following subsection:
Refusal of illegible instrument for registration.
The district registrar may refuse to accept for registration an instrument that is wholly or partly illegible or unsuitable for microfilming.
Subsection 67(2) of the Act is amended by adding thereto, immediately after the figures "106" in the 2nd line thereof, the words and figures "or section 106.1".
Section 69 of the Act is repealed and the following sections are substituted therefor:
Where an instrument is presented for registration that does not contain a land description but purports to claim an interest in, or charge on, land of a debtor named therein, the name of the debtor shall be entered in an index called the General Register in the land titles office for a land titles district; and the instrument shall thereupon form a lien or charge against all land owned by the debtor under the new system or old system, and in the case of a lienholder, the lienholder at the discretion of the lienholder may cause an entry to be made on the title of the debtor.
Any instrument or charge conditions presented for registration other than those instruments referred to in section 69 or discharges of instruments which affect the title to the land but do not contain a land description, shall be entered in an index called the Deposit Register in the land titles office for a land titles district, and shall thereupon be deemed to be registered under both the new and old systems.
Documents registrable in Deposit Register.
The original of any instrument, a certified copy of the original, certified as previously having been registered at another land titles office, a certified copy of any record, document, plan, book or paper issued by a department of either the federal or provincial governments, or the Yukon Territory or Northwest Territories, a copy certified to the satisfaction of the district registrar, a copy authenticated by affidavit, or a copy certified by a notary public to be a true copy where the original is also presented for comparison, is registerable in the Deposit Register as evidence of any transaction of the original record, document, plan, book or paper that it purports to be.
Assurance Fund and district registrar not liable.
The Assurance Fund or the district registrar is not liable to pay compensation to any claimant for loss occasioned by the registration of any instrument, record, document, plan, book or paper set out in subsection (1) by reason that the instrument or record is not a copy of the authentic instrument or record that it purports to be.
Subsection 70(1) of the Act is amended by adding thereto, immediately after the word "instrument" in the 1st line thereof, the words "other than a request or transmission".
Subsection 70(2) of the Act is repealed and the following subsection is substituted therefor:
Making and signing of affidavits.
No one who is a party to an instrument shall also be a witness to the execution of that instrument or make an affidavit of the execution of that instrument; and the witness shall set out the name and address of the witness together with the signature of the witness.
Subsection 70(4) of the Act is amended by adding thereto, immediately after the word "public" in the 2nd line thereof the words "exercising the function of a notary public or having jurisdiction or authority as a notary public in Canada".
Subsection 73(4) of the Act is repealed and the following subsection is substituted therefor:
Where a judgment or lien has been lapsed, or discharged from the General Register and an entry of that judgment, lien or a caveat founded thereon has been made on a title, that judgment, lien or caveat is also lapsed or discharged from the title and may be removed by request.
Subsection 73(6) of the Act is repealed and the following subsection is substituted therefor:
Where a lien is renewed as provided in subsection (5), it shall not again be renewed or reregistered.
Subsection 74(1) of the Act is amended by adding thereto, immediately after the word "agreement" in the 1st line thereof the words "a right of way agreement, or easement agreement".
Subsection 74(1.1) of the Act is repealed and the following subsection is substituted therefor:
A declaration set out in an instrument by the owner of the land in a form approved by the district registrar has the same force and effect as an agreement referred to in subsection (1), if all those persons appearing on the register and general register to have a claim or interest prior to the date of the declaration, consent to the registration thereof.
Subsection 74(1.2) of the Act is amended by adding thereto, immediately after the word "agreement" in the 2nd line and again where it appears for the 1st time in the 3rd line thereof, in each case, the words "a right of way agreement or easement agreement".
Subsection 74(2) of the Act is amended by adding thereto, immediately after the word "agreement" in the 2nd line thereof, the words "a right of way agreement or easement agreement".
Subsection 74(3) of the Act is amended by striking out the words "a party wall agreement" in the 1st line thereof and substituting therefor the words and figure "an agreement under subsection (1)".
The Act is further amended by adding thereto, immediately after section 76 thereof, the following section:
The district registrar shall not accept for registration an instrument, that has the affect 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, or
(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 satisfactorily to the district registrar, that all the 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 a form as prescribed in the regulations, at least 30 days prior to the registration of the instruments.
A notice of intent to sever given under subsection (1) shall be served personally; but in case a person to be served cannot after due diligence be found, the district registrar may direct notice to be served substitutionally in such manner as the district registrar may order.
Court order for further action.
At any time before the expiration of 30 days from the time notice of intent to sever has been given under subsection (1) the party served may file with the district registrar evidence to the satisfaction of the district registrar of proceedings in court taken pursuant to the notice, and the district registrar shall not proceed with any registration of an instrument under subsection (1) until the matter is disposed of by an order of the court
At any time before the expiration of the time limited for proceeding upon the notice of intent to sever,
(a) upon application made to the court, and
(b) after reasonable notice of the application has been given; the court, for sufficient cause shown, and subject to such conditions as it may impose, may order that the time for proceeding under the notice of intent to sever be extended for such further period as is stated in the order; and the order shall forthwith be filed in the land titles office.
Notwithstanding the date of registration of the instrument severing a joint tenancy, severance may take effect from a date earlier as determined by a judge on an application therefor.
Subsection 82(1) of the Act is amended
(a) by striking out the words "the form contained in Schedule C, which" in the 2nd and 3rd lines thereof and substituting therefor the words "such form as may be prescribed by the regulations and the"; and
(b) by adding thereto, immediately after the word "title" in the 6th line thereof the words "or duplicate title, if issued".
Subsection 82(2) of the Act is repealed and the following subsection is substituted therefor:
Certain easements not to be registered.
A district registrar shall refuse to register a transfer that creates or purports to create an easement or right in the nature of an easement.
Subsection 82(8) of the Act is repealed.
Section 83 of the Act is repealed and the following section is substituted therefor:
Transfer of fractional interests in mines and minerals.
A district registrar shall not register a transfer, mortgage or encumbrance, caveat or assignment thereof or court order, which creates an undivided fractional interest in the mines and minerals, or in one or more minerals in, under or upon any parcel of land
(a) if that fractional interest is less than an undivided 1/16 interest in the mines and minerals, or in one or more minerals, in under or upon that parcel of land; or
(b) if as a result of the transfer, mortgage or encumbrance, there will be outstanding a title for less than an undivided 1/16 interest in mines and minerals, or in one or more minerals, in order that no person shall own less than an undivided 1/16 interest therein; but where an interest under The Registry Act is less than an undivided 1/16 interest at the time it is brought under this Act, pursuant to subsection 47(4) of The Registry Act, the district registrar shall issue title for that interest.
Section 84 of the Act is repealed.
The Act is further amended by adding thereto, immediately after section 86 thereof the following section:
Non acceptance of instrument from receiver.
A district registrar shall not accept for registration a transmission application, transfer or mortgage or any dealing therewith executed by a receiver or receiver manager, whose appointment has been set out in a mortgage, debenture or encumbrance, unless the appointment of the receiver or receiver manager and the registration of the instrument have first been approved by the court.
Subsection 88(1) of the Act is amended by striking out the words "contained in Schedule D" in the 3rd line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 88(2) of the Act is amended by striking out the words "set out in Schedule E" in the 2nd line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 88(3) of the Act is amended by striking out the words "enter a memorial" in the 10th line thereof and substituting therefor the words "record the entry".
Clause 91(b) of the Act is amended by adding thereto, immediately after the word "title" in the 2nd line thereof the words "or duplicate title, if issued".
Subsection 93(1) of the Act is amended by striking out the words "contained in Schedule F" in the 3rd line thereof and the words "contained in Schedule G" in the 6th line thereof and substituting therefor, in each case, the words "as prescribed by the regulations".
Section 93 of the Act is further amended by adding thereto, immediately after subsection (3) thereof, the following subsections.
Registration of standard charge mortgage terms.
A person may, with the consent of the Registrar General, register a deposit at the land titles office, for the District of Winnipeg, of a set of standard charge mortgage terms.
Serial number of standard charge mortgage terms.
Where a set of standard charge mortgage terms is registered under subsection (4), the district registrar of the Winnipeg Land Titles Office shall
(a) assign a name and serial number of registration to the set; and
(b) ensure that copies of the set, identified by its name and serial number, are provided to each of the district land titles offices for deposit at those offices.
Entry of standard charge mortgage terms in charge book.
The Registrar General shall enter all sets of standard charge mortgage terms registered under subsection (4) during each calendar year in a charge book and shall as soon as possible after the end of the calendar year provide copies of the charge book to each of the district land titles offices.
Mortgage deemed to include standard charge mortgage terms.
A mortgage shall be deemed to include a set of standard charge mortgage terms registered under subsection (4) if the set is referred to in the mortgage by its name and serial number of registration as assigned at the Winnipeg Land Titles Office.
Term may be varied or amended.
A term deemed to be included in a mortgage by subsection (7), may, in a schedule to the mortgage, be expressly excluded or may be varied by setting out the term appropriately amended, and where varied or amended, the varied or amended terms prevails.
Mortgage to refer to only one set of terms.
Only one set of standard charge mortgage terms may be referred to in a mortgage.
Where there is a conflict between an express term in a mortgage and a term deemed to be included in the mortgage, by subsection (7), the express term prevails.
Limitation on registration of set
A mortgage that refers to a set of standard charge mortgage terms registered under subsection (4) by the name and registration number of the set shall not be registered before a copy of the set is available in the land titles office district where the mortgage is to be registered.
Mortgagee to provide copy of standard mortgage terms.
A person named as mortgagee in a mortgage containing standard charge mortgage terms that have been registered under subsection (4), shall provide the mortgagor or mortgagor's solicitor with a copy of the standard charge mortgage terms.
Registrar General's authorization required.
Where the Registrar General is satisfied that a mortgage presented for registration contains terms that should be registered under subsection (4) because of the frequency of their use in mortgages in favour of the mortgagee, the Registrar General may give the mortgagee notice that on and after a certain specified date, no mortgage in favour of the mortgagee that sets the terms out expressly shall be registered without the Registrar General's authorization.
Subsection 97(1) of the Act is amended by adding thereto, immediately after the word "title" in the 2nd line thereof, the words "or duplicate title if issued".
Section 98 of the Act is amended by striking out the words " contained in Schedule I" in the 2nd line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 101(1) of the Act is amended
(a) by striking out the words "memorandum of in the 1st line thereof;
(b) by striking out the words "a memorial" in the 4th line thereof and substituting therefor the words "an entry"; and
(c) by striking out the word " memorial" in the 7th line thereof and substituting therefor the word "entry".
Section 102 of the Act is amended
(a) by striking out the words "a memorial" in the 5th line thereof and substituting therefor the words "an entry";
(b) by striking out the words "and on the instrument creating the encumbrance" in the 6th line thereof; and
(c) by striking out the word "memorial" in the 7th line thereof and substituting therefor the word "entry".
Section 104 of the Act is amended
(a) by striking out the words "a memorial" in the 3rd line thereof and substituting therefor the words "an entry"; and
(b) by striking out the word "memorial" in the 4th line thereof and substituting therefor the word "entry".
Subsection 105(1) of the Act is amended
(a) by adding thereto, immediately after the figures "106" in clause (f) thereof, the words and figures "or section 106.1"; and
(b) by striking out the words and letter "in Schedule J" in the last line thereof and substituting therefor the words "as prescribed by the regulations.
Subsection 105.1(1) of the Act is amended
(a) by adding thereto, immediately after the word "or" in the 5th line thereof the words "to add the name of the covenantor, or"; and
(b) by striking out the words and letter "set out in Schedule Q" in the 7th line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 105.1(2) of the Act is amended by adding thereto, immediately after the word "register" in the 2nd line thereof the words "or general register".
Subsection 106(1) of the Act is amended by striking out clauses (g) and (g.l) thereof and substituting therefor the following clause:
(g) constructing, maintaining and operating a railway;.
Subsection 106(1) of the Act is amended by repealing clause (j) thereof.
Subsection 106(2) of the Act is repealed and the following subsection is substituted therefor:
Title not to issue under this section.
A certificate of title shall not issue under this Act for any right, estate, or interest in land granted by an instrument to which this section applies; but where the instrument is registered under the new system the district registrar shall make an entry of the instrument upon the existing certificate of title to the land affected thereby.
Subsection 106(5) of the Act is repealed.
Subsection 106(6) of the Act is amended
(a) by adding thereto, immediately after the word "title" in the 6th and 7th lines thereof, in each case, the words "or duplicate title, if issued"; and
(b) by striking out the word "memorial" in the 6th line thereof and substituting therefor the word "entry".
Subsection 106(7) of the Act is amended by striking out the words "a memorial" in the 6th line thereof and substituting therefor the words "an entry".
The Act is further amended by adding thereto, immediately after section 106 thereof the following section:
Plan of survey required upon registration.
Where a utility easement, or right of like nature granted by an instrument in writing executed by an owner in favour of a supplier of utility services is registered, it shall be registered together with a plan of survey describing the land required for the easement certified by a Manitoba Land Surveyor and approved by the Examiner of Surveys.
Registered easement to run with land.
Any registered easement agreement for the supply of utility services or caveat for the same purpose shall be deemed to run with the land whether or not referred to in the schedule of prior charges contained in any instrument.
A pipeline easement, grant of right of user or a right of a like nature, for the construction, maintenance and operation of a pipeline, or any other easement or grant, relating to the operation of a pipeline may be registered and an entry of the instrument shall be made on the certificate of title of the grantor; and a certificate of title for the interest shall issue to the grantee clear of easements or caveats filed by the Manitoba Telephone System or the Manitoba Hydro Electric Board.
Certificate of title may issue.
The certificate of title shall also issue clear of any prior registered interest which affect the pipeline easement on consent of the owner of the prior interest.
Enforceability of pipeline title.
A pipeline easement, grant of user or right of like nature, is enforceable notwithstanding that the benefit of the right is not or may not be appurtenant or annexed to any land of the grantee.
Certified M. L. S. plan to accompany agreement
A certificate of title shall issue for the registration of a pipeline easement or agreement set out in subsection (3), only 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 in the case of an expropriation subject to the provisions of The Gas Pipe Line Act and The Pipe Line Act, when a plan of survey defining the lands covered by the expropriation has been previously registered.
Mortgage, etc., to be entered on title.
Any mortgage, encumbrance, lien or other interest that charges or affects the pipeline agreement or expropriation shall be entered only on the certificate of title issued under subsection (6) relating to that agreement or expropriation.
Discharge of easement agreement.
A pipeline easement agreement or expropriation that is registered under subsections (3) and (6) may with the consent of those parties having registered encumbrances against the title thereto, be discharged, and the pipeline title shall be cancelled.
Subsection 113(2) of the Act is amended by adding thereto immediately after the word "encumbrances"
(a) in the 1st line of clause (a) thereof;
(b) in the 2nd line of clause (b) thereof; and
(c) in the 2nd line of clause (c) thereof;
the words and figures "other than a pipeline easement, grant of right of user, or a right of a like nature relating to the operation of a pipeline registered under section 106.1".
Subsection 114.1(4) of the Act is amended by striking out the words "issue new certificates of title" in the 4th line thereof and substituting therefor the words "cancel the existing certificates of title and issue new certificates of title".
Subsection 114.1(6) of the Act is amended by striking out the words and letter "contained in Schedule P" in the 3rd line of clause (a) thereof and substituting therefor the words "prescribed by the regulations".
Section 120 of the Act is repealed.
Subsection 121(2) of the Act is repealed and the following subsection is substituted therefor:
Notice of intention that plan required.
A district registrar may give notice of intention that an explanatory plan is required by making an entry on the certificate of title to that effect.
Subsection 122(1) of the Act is amended by striking out the words and letter "contained in Schedule K" in the 2nd line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 122(4) of the Act is repealed and the following subsection is substituted therefor:
Plan based on land titles records.
Where, in the opinion of the Examiner of Surveys, a survey of land on a plan is unnecessary, he may approve a plan prepared by a Manitoba land surveyor based on records in the land titles office in the district in which the land to be dealt with is situated without an actual survey and the plan shall be certified by the surveyor in the Form prescribed by the regulations.
The Act is further amended by adding thereto, immediately after section 131 thereof, the following section:
Land sold following foreclosure subject to encumbrances.
Where land is sold pursuant to an order for sale made by the district registrar, or vests in a mortgagee by an order of foreclosure issued by the district registrar, it shall be deemed to have been sold or vested subject to those instruments set out in subsection 106(1), utility and pipeline easements as set out in section 106.1, building restriction covenants, easement agreements, including party wall and right of way agreements, declarations under subsection 74(1.1), caveats relating to zoning, subdivision or development agreements, and caveats or agreements filed relating to an expropriation.
Section 134 of the Act is amended by striking out the words and letter "contained in Schedule L" in the 3rd line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 137(1) of the Act is amended by striking out the words and letter "in Schedule M" in the 2nd line thereof and substituting therefor the words "as prescribed by the regulations".
Section 137 of the Act is further amended by adding thereto, immediately after subsection (2) thereof the following subsection:
Caveat based on certificate of judgment.
A person may file a caveat claiming an estate or interest in land founded on a certificate of judgment registered in the General Register.
Section 139 of the Act is amended by adding thereto, immediately after subsection (3) thereof the following subsection:
A notice may be given to a lienholder under subsection (1) to lapse a lien recorded on a certificate of title and the district registrar may 30 days after the notice has been given, lapse the lien to the extent that it affects the certificate of title or title.
Subsection 143(1) of the Act is amended by striking out the word "addition" in the 2nd line thereof and substituting therefor the words "address of the owner and".
Section 143 of the Act is amended by adding thereto, immediately after subsection (1) thereof, the following subsection:
Caveat to show servient and dominant tenancies.
Where a caveat is registered to protect an interest that creates or purports to create an easement, right of way, or right in the nature of an easement or right of way, it shall set forth the legal descriptions of both the servient tenancy and the dominant tenancy.
Subsection 143(2) of the Act is amended
(a) by striking out the words "an affidavit or statutory declaration" in the 1st line thereof and substituting therefor the words "a statement"; and
(b) by striking out all the words of the subsection immediately following the word "him" in the 6th line thereof.
Subsection 144.1(1) of the Act is amended by striking out the words and letter "in Schedule R" in the 3rd line thereof and substituting therefor the words "as prescribed by the regulations".
Subsection 144.1(2) of the Act is amended by striking out the words and letter "in Schedule R" in the 2nd line thereof and substituting therefor the words "as prescribed by the regulations".
Section 144.1 of the Act is further amended by adding thereto, immediately after subsection (3) thereof, the following subsection:
Caveat deemed to include old system mineral lease.
For the purpose of this section a caveat shall be deemed to include an old system mineral lease brought forward by an application to bring the land under the operation of The Real Property Act.
Section 145 of the Act is amended
(a) by striking out the word "withdraw" in the 2nd line of subsection (1) thereof and in the 4th line of subsection (4) thereof;
(b) by striking out the word "withdrawal" in the 2nd and 5th lines of subsection (1) thereof, and in the 1st and 3rd lines of subsection (3) thereof; and substituting therefor, in each case, the word "discharge".
Subsection 145(2) of the Act is amended by striking out the word "withdrawing" in the 3rd line thereof and substituting therefor the word "discharging".
Section 145.3 of the Act is repealed.
The Act is further amended by adding thereto, immediately after section 159 thereof, the following section:
Reference by Registrar General to judge.
Wherever a question arises
(a) with respect to the performance of a duty or the exercise of a function imposed or conferred upon a district registrar; or
(b) as to the true construction or validity or effect of an instrument or statute; or
(c) as to the person entitled to the estate, right or interest; or
(d) as to the power or authority of any person or class of persons; or
(e) as to any doubtful or uncertain right or interest stated or claimed, to be dealt with by a district registrar; the Registrar General may refer the same to a judge who may appoint a date and time for a hearing of the reference and direct notice be served by mail on any person whom the judge deems interested to appear and show cause either personally, or by counsel, in relation thereto, and the judge, having regard to the persons appearing before him, shall decide the question or direct proceedings to be instituted for that purpose, and make a decision as under the circumstances appear to be just.
Subsection 165(1) of the Act is repealed and the following subsection is substituted therefor:
Instrument admissible as evidence in court.
Every instrument or document filed or registered in a land titles office or any copy thereof produced from the records of that office is admissible in evidence in any court.
The Act is further amended by adding thereto, immediately after section 167.1 thereof the following section:
The owner's right to the land mentioned in a certificate of title rests on the register and the assurance fund or the district registrar is not liable to pay compensation to any claimant for loss occasioned by the reliance of the claimant on the duplicate certificate of title.
Section 175 of the Act is amended
(a) by striking out the word "It" in the 1st line thereof and substituting therefor the words and figures "Any notice issued by the district registrar, or given pursuant to section 76.1"; and
(b) by striking out the word "that" in the 1st line thereof and substituting therefor the word "where".
Section 176 of the Act is amended by adding thereto, immediately after subsection (2) thereof, the following subsection:
Any statement set out in a document, the form of which is prescribed by the regulations, and signed by the party making the statement has the same effect and validity as an oath, affidavit, affirmation, or statutory declaration, administered, sworn, affirmed or made under The Manitoba Evidence Act.
Section 177 of the Act is repealed and the following section is substituted therefor:
Subject to the approval of the Lieutenant Governor in Council, the Registrar General may make regulations
(a) prescribing forms for use under this Act;
(b) prescribing fees payable under this Act;
(c) respecting such other matters as are ancillary to the provisions of this Act.
Schedules A to R of the Act (both inclusive) are repealed.
AMENDMENTS TO THE CONDOMINIUM ACT
Subsection 21(4) of The Condominium Act, being chapter C170 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:
Upon registration of the transfer, the district registrar shall
(a) record upon the certificate of title in the name of the corporation an entry that the property or a part of the common elements, as the case may be, is no longer governed by this Act;
(b) in the case of the transfer of all of the property, cancel the certificate of title of each unit and where necessary, dispense with the production of the duplicate title without complying with section 26 of The Real Property Act; and
(c) in the case of a transfer of part of the common elements, cancel the certificate of title for that part of the common elements being transferred.
AMENDMENTS TO THE EXPROPRIATION ACT
Subsection 4(4) of The Expropriation Act being chapter E190 of the Continuing Consolidation of the Statutes of Manitoba (hereinafter in this Part referred to as "the Act") is amended by striking out the words "endorsed on each certificate or record of title" in the 5th and 6th lines thereof and substituting therefor the words "entered on each certificate of title or abstract of title".
Subsection 23.1(5) of the Act is amended by striking out the words "a memorial of the order to be endorsed on each certificate or record of title" in the 4th line thereof and substituting therefor the words "an entry of the order to be made on each certificate of title or abstract of title".
AMENDMENTS TO THE GAS PIPELINE ACT
Clause 26(5)(b) of The Gas Pipeline Act being chapter G50 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following clause is substituted therefor:
(b) is a right to which section 106 or 106.1 of The Real Property Act applies, and the agreement granting it may be registered or filed as provided in those sections, and where it is expropriated, the declaration of expropriation registered in the land titles office in respect thereof shall be deemed to be an instrument registered or filed as provided in those sections.
AMENDMENT TO THE LAW OF PROPERTY ACT
Section 30 of The Law of Property Act being chapter L90 of the Continuing Consolidation of the Statutes of Manitoba is amended by adding thereto, immediately after subsection (3) thereof, the following subsection:
No estate in fee simple shall be changed into any limited fee or fee tail, but whatever form of words is used in any instrument, the land shall be and remain an estate in fee simple in the owner; and any limitation that would have created an estate tail shall transfer the estate in fee simple or absolute ownership that the transferor has in the land.
AMENDMENT TO THE LEGISLATIVE LIBRARY ACT
Section 13 of The Legislative Library Act being chapter L120 of the Continuing Consolidation of the Statutes of Manitoba is amended by adding thereto, immediately after subsection (8) thereof, the following subsection:
Instruments with district registrar, public records.
For the purpose of this Part, all instruments, records, files and correspondence held by the district registrar of a land titles district are public records in possession and control of the district registrar, to be dealt with under the provisions of The Real Property Act and The Registry Act.
AMENDMENTS TO THE MINERAL ACREAGE TAX ACT
Subsection 11(1) of The Mineral Acreage Tax Act, being chapter M135 of the Continuing Consolidation of the Statutes of Manitoba (hereinafter in this Part referred to as "the Act"), is amended by striking out clause (b) thereof and substituting therefor the following clause:
(b) if a certificate of title to the minerals has been issued under The Real Property Act, the certificate of title will issue in favour of Her Majesty in right of Manitoba or cancelled with respect to the minerals or the share or interest of the owner therein for which the certificate of title is issued; and.
Subsection 12(3) of the Act is amended by striking out the words "endorses a memorial" in the 6th line thereof and substituting therefor the words "makes an entry".
Subsection 12(4) of the Act is amended (a) by striking out the figure in brackets "(3)" in the 2nd line thereof and substituting therefor the figures in brackets "(3.1)"; and
(b) by striking out the words "memorandum or notice is endorsed" in the 5th line thereof and substituting therefor the words "entry is recorded".
AMENDMENTS TO THE MUNICIPAL ACT
Subsec. 839(2) of Municipal Act am.
Subsection 839(2) of The Municipal Act, being chapter M225 of the Continuing Consolidation of the Statutes of Manitoba (hereinafter in this Part referred to as "this Act") is amended by striking out the words "enter in the records of the land titles office a memorandum" in the 1st and 2nd lines thereof and substituting therefor the words "make an entry in the records of the land titles office".
Section 854 of the Act is amended by striking out the words "enter in a register a memorandum" in the 1st line thereof and substituting therefor the words "make an entry".
Subsection 856(3) of the Act is amended by striking out the words "enter in the records of the land titles office a memorandum" in the 4th line thereof and substituting therefor the words "make an entry in the land titles office".
Subsection 856(4) of the Act is amended
(a) by striking out the words "enter in the records of the land titles office a memorandum" in the 5th line thereof and substituting therefor the words "make an entry in the records of the land titles office"; and
(b) by striking out the word "memorandum" in the 6th line thereof and substituting therefor the word "entry".
Subsection 858(1) of the Act is amended by striking out the words "cancel any memorials" in the 2nd and 3rd lines thereof and substituting therefor the words "dispose of any entry".
PART IX
AMENDMENT TO THE MUNICIPAL BOARD ACT
Subsection 101(2) of The Municipal Board Act being chapter M240 of the Continuing Consolidation of the Statutes of Manitoba is amended by striking out the words "a memorandum upon" in the 2nd line thereof and substituting therefor the words "an entry on the title or titles affected by".
AMENDMENT TO THE OIL AND NATURAL GAS TAX ACT
Subsection 17(5) of The Oil and Natural Gas Tax Act being chapter 035 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:
Dispensing with the production of duplicate certificate of title.
Where the district registrar cancels a certificate of title as provided in subsection (4), the district registrar shall dispense with the production of the duplicate certificate of title if issued, and shall dispose of the mortgages, encumbrances, caveats, liens, certificates of judgments, or other interests of which any entry is recorded on the title.
AMENDMENT TO THE PIPE LINE ACT
Subsection 15(5) of The Pipe Line Act, being chapter P70 of the Continuing Consolidation of the Statutes of Manitoba is amended by adding thereto, immediately after the figures "106" in the 1st line of clause (b) thereof, the word and figures "or 106.1".
AMENDMENTS TO THE REGISTRY ACT
Subsection 9(1) of The Registry Act being chapter R50 of the Continuing Consolidation of the Statutes of Manitoba (hereinafter in this Part referred to as "the Act") is amended by adding thereto immediately after the word "papers" in the 1st line thereof the words " electronic records".
Subsection 9(2) of the Act is amended by adding thereto immediately after the word "papers" in the 1st line thereof the words "electronic records".
Section 10 of the Act is repealed.
Subsecs. 20(1) and (2) rep. and sub.
Subsections 20(1) and (2) of the Act are repealed and the following subsections are substituted therefor:
Certified copy of document as evidence of original document.
The original of any instrument, a certified copy of the original certified as previously having been registered at another land titles office, a certified copy of any record, document, plan, book or paper issued by a department of either the Federal or provincial governments or the Yukon Territory or Northwest Territories, a copy certified to the satisfaction of the registrar, or certified by a notary public to be a true copy where the original is also presented for comparison, is registerable as an instrument or as evidence and proof of the original record, document, plan, book or paper that it purports to be.
Fund and registrar not liable for loss.
The Assurance Fund or the registrar is not liable to pay compensation to any claimant for loss occasioned by the registration of any instrument, record, document, plan, book or paper mentioned in subsection (1) by reason that the instrument, record, document, plan, book or paper is not a copy of the authentic instrument or record that it purports to be.
Subsection 41(1) of the Act is amended
(a) by adding thereto immediately after the word "books" in the 1st line thereof the words "or electronic records"; and
(b) by striking out the word "Books" in the 2nd line thereof and substituting therefor the word "Records".
Section 42 of the Act is amended
(a) by striking out the word "books" in the 5th line thereof and substituting therefor the word "records"; and
(b) by striking out the words "book or books" in the 7th line thereof and substituting therefor the words "record or records".
Subsection 43(1) of the Act is amended by adding thereto immediately after the word "copied" in the 2nd line thereof the words "or recorded electronically".
Subsection 43(2) of the Act is amended by adding thereto at the end thereof the words "or recorded electronically".
Subsection 43(3) of the Act is amended by striking out the words "under his seal of office" in the 2nd line thereof.
Section 43 of the Act is further amended by adding thereto immediately after subsection (3) thereof the following subsection:
Print-out of entry as evidence.
A copy or print-out of an electronic entry made in accordance with subsection (1) or (2) and accepted and certified by the registrar to be a true copy of the original electronic entry or recording shall for all purposes be received and admitted in evidence as prima facie proof that the copy or print-out is a complete and accurate copy of the original electronic entry or recording.
Subsection 43(4) of the Act is amended by striking out the words "under his seal of office" in the 2nd line thereof.
Subsection 47(1) of the Act is amended by striking out the word "Any" in the 1st line thereof and substituting therefor the words and figures "Subject to subsection 37.1(2) of The Real Property Act, any".
Section 47 of the Act is further amended by adding thereto, immediately after subsection (3) thereof, the following subsection:
Mineral interest to be under The Real Property Act
An owner dealing with a mineral interest, other than a mineral lease or instruments relating thereto, shall bring that interest under The Real Property Act.
AMENDMENT TO THE WATER RESOURCES ADMINISTRATION ACT
Subsection 11(7) of The Water Resources Administration Act being chapter W60 of the Continuing Consolidation of the Statutes of Manitoba is amended by striking out clauses (a) and (b) thereof and substituting therefor the following clauses:
(a) shall make an entry on the certificate of title or abstract of title for the mortgage encumbrance, lien or charge, of the fact that it is affected by the order in council; and
(b) if the land so vested is, or is brought under The Real Property Act, shall make an entry of the mortgage, encumbrance, lien or charge on the certificate of title for the land.
AMENDMENT TO THE WILLS ACT
Clause 33(b) of The Wills Act, being chapter W150 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding thereto, immediately after the word "but" in the 3rd line thereof, the words "creates an estate in fee simple in possession".
AMENDMENT TO THE CITY OF WINNIPEG ACT
Section 494.11 of The City of Winnipeg Act being chapter 105 of the Statutes of Manitoba, 1971 is amended by striking out all the words of the section immediately following the word "make" in the 8th line thereof and substituting therefor the words "an entry thereof on the title for the land affected without the production of the duplicate certificate of title".
GENERAL
Where under The Real Property Act and the various other Acts being amended by this Act or regulations made thereunder, an instrument was executed but not registered or any action or proceeding was commenced but not completed, prior to the coming into force of this Act or any section thereof, that instrument, action or proceeding may be registered, or completed, as the case may require, in accordance with the provisions of The Real Property Act and the various other Acts amended by this Act, as they existed immediately prior to the coming into force of this Act.
This Act comes into force on the day fixed by proclamation.