Skip to main content
The Real Property Amendment Act (2)

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

S.M. 1995, c. 27

The Real Property Amendment Act (2)

(Assented to November 3, 1995)

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2            Subsection 11(1) is repealed and the following is substituted:

Offices to be open certain days and hours

11(1)        Subject to subsections (3) and (4), each land titles office shall be open

(a) Monday through Friday except as determined under The Civil Service Act, a regulation made under that Act, or a collective agreement entered into under that Act; and

(b) during such hours as the Lieutenant Governor in Council may prescribe by regulation.

3            Subsection 14(1) of the English version is amended by striking out "insrument" and substituting "instrument".

4            Subsection 37(4) of the French version is renumbered as subsection 38(4).

5            Subsection 51(7) of the French version is amended by striking out "empêché" and substituting "empêchés".

6           Subsection 60(3) of the French version is amended by striking out "Relevé abrégé" in the section heading and in the part preceding clause (a) and substituting "État".

7            Subsection 63(2) is amended by striking out "was presented for registration or entered in the data storage system; and this certificate" and substituting "is assigned a serial number, and the certificate".

8            Subsection 71(2) of the English version is amended by striking out "occassioned" and substituting "occasioned".

9            The section heading for section 86 of the English version is amended by striking out "or" and substituting "on".

10(1)       Clause 96(5)(b) is amended by adding "of registration" after "serial number".

10(2)       The following is added after subsection 96(7):

No liability for incorrect reference

96(7.1)     The assurance fund and the district registrar are not liable to pay compensation to any person for loss occasioned by the registration of a mortgage that refers or purports to refer to a set of standard charge mortgage terms where

(a) the reference differs from the name or serial number of registration assigned to the set of terms under subsection (5); or

(b) no set of terms has been registered under this section.

10(3)       Subsection 96(11) is amended by striking out "registration number" and substituting "serial number of registration".

11           Subsection 111(6) of the French version is amended by striking out "partiellemnt" and substituting "partiellement".

12           Subsections 112(1) and (1.1) are repealed.

13(1)        Subsection 127(1) is repealed and the following is substituted:

Requirement for plan of survey

127(1)      The district registrar of a land titles district may require an owner of land, or a supplier of utility services wishing to file a caveat or an assignment of a caveat against land respecting a utility easement or a right of a like nature granted by an instrument executed by an owner in favor of the supplier, to file a plan of survey where in the opinion of the district registrar the location of the land or utility easement is not sufficiently defined on any registered plan, and if the owner or supplier does not comply with the requirement the district registrar may

(a) in respect of an owner of land, refuse to accept for registration any instrument relating to the land; and

(b) in respect of a caveat, refuse to accept the caveat or assignment of caveat for filing or any instrument relating to the caveat for registration.

13(2)       Subsection 127(2) is amended by striking out "an explanatory plan" and substituting "a plan of survey".

13(3)       Subsection 127(3) is amended

(a) in the part preceding clause (a), by striking out "under this section" and substituting "by an owner of land referred to in subsection (1)"; and

(b) in clause (c), by adding "subject to subsection (5)," before "where".

13(4)       Subsection 127(4) is amended by striking out "under this section" and substituting  "by an owner of land referred to in subsection (1)".

14           Subsection 154(2) of the French version is amended by striking out "aux paragraphes 111(1) ou 112" and substituting "au paragraphe 111(1) ou à l'article 112".

15          Section 169 is repealed.

Coming into force

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