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The Real Property Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 7

The Real Property Amendment Act

(Assented to July 27, 1993)

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

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

1           The Real Property Act is amended by this Act.

2           Subsection 2(6) is amended

(a) in the section heading preceding it, by striking out "completed." and substituting "completed and takes effect"; and

(b) by adding, "and takes effect from the day the instrument is assigned a serial number" after "district registrar".

3(1)        Clause 52(3)(b) is amended by striking out "where a title," and substituting "in the case of a title, where".

3(2)        The following is added after subsection 52(3):

Effective date of title, certificate of title

52(3.1)     A title or certificate of title issued under this Act takes effect from the day on which the instrument leading to its issuance is assigned a serial number, and the instrument is not rejected before the title or certificate of title issues.

4           Subsection 63(2) is amended

(a) by repealing the section heading preceding it and substituting "When instrument is registered and takes effect"; and

(b) by adding "and takes effect from the day the instrument was presented for registration or entered in the data storage system" after "district registrar".

5           Subsection 72(4) is amended by striking out "exercising the function of a notary public or having jurisdiction or authority as a notary public in Canada, (hereinafter referred to as an officer) that officer" and substituting ", referred to in subsection (5) as an officer, the officer".

6(1)        Subsection 75(10) is amended by striking out "judgment debtor" and substituting "debtor".

6(2)        The following is added after subsection 75(10):

Statement in support of registration under ss. (7)

75(10.1)    The district registrar shall refuse to register an instrument referred to in subsection (7) if the instrument is not supported by a statement of the claimant that he or she believes

(a) the debtor referred to in the instrument is the registered owner, or a registered owner, of the land to be charged by way of the instrument; or

(b) that the debtor is not the registered owner of the land referred to in the instrument, but has an interest in the land.

6(3)        The following is added after subsection 75(10.1):

Liability for instrument under ss.(7)

75(10.2)    A claimant under an instrument referred to in subsection (7) is liable to any person who sustains loss because of the initial registration or its continuance unless the court finds that the initial registration or its continuance was reasonable under the circumstances.

6(4)        The following is added after subsection 75(10.2):

Joint liability

75(10.3)    Where a statement under subsection (10.1) is registered by the attorney or agent of a claimant, the attorney or agent and the claimant are jointly and severally liable as provided in subsection (10.2).

7           Subsection 76(4) is amended

(a) by repealing the section heading preceding it and substituting "Party wall, right of way, and easement agreements"; and

(b) by adding "right of way agreement or easement agreement," after "acknowledgment of, the party wall agreement,"; and

(c) in the French version, by correcting the number of the provision by striking out "76(2)" and renumbering the provision as "76(4)".

8           Subsection 96(6) is repealed.

9(1)        Subsection 112(1) is amended by striking out "together with" and substituting "by way of a caveat and shall include".

9(2)        Subsection 112(4) is amended

(a) by repealing the section heading preceding it and substituting "Entries on certificate of title"; and

(b) striking out "shall also issue" and substituting "issued under subsection (3) shall issue".

10          Subsection 154(2) is amended by striking out "the the" and substituting "the".

11          Section 160 is repealed and the following is substituted:

Liability for wrongful caveat

160          A claimant under a caveat is liable to any person who sustains loss because of the initial registration or its continuance unless

(a) the court finds that the initial registration or its continuance was reasonable under the circumstances; or

(b) the registration was made by the district registrar under clause 22(1)(a).

Coming into force

12(1)       Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Coming into force: sections 2 and 4, subsection 3(2)

12(2)       Sections 2 and 4 and subsection 3(2) are retroactive and are deemed to have come into force on March 14, 1988.

Coming into force: subsections 6(2), (3) and (4)

12(3)       Subsections 6(2), (3) and (4) come into force on a day fixed by proclamation.