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The Real Property Act and Various Other Acts Amendment Act

S.M. 1987-88, c. 27

The Real Property Act and Various Other Acts Amendment Act

(Assented to July 17, 1987)

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

PART I

amendmentS to

THE REAL PROPERTY ACT

Subsec. 2(8) added.

1

Section 2 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") as enacted by chapter 4 of the Statutes of Manitoba 1986-87 is amended by adding thereto immediately after subsection (7) thereof the following subsection:

Lien charges only lands standing in identical name of debtor.

2(8)

Where, under this or any other Act of the Legislature, an instrument binds and forms or purports to bind and form, a lien and charge on the lands of a debtor, that instrument when registered in the general register of a Land Titles Office binds and charges only the lands of the debtor named in the instrument and registered at that Land Titles Office in the identical name of the debtor as set out in the instrument.

Cl. 57(1)(f) rep. and sub.

2

Clause 57(1)(f) of the Act is repealed and the following clause is substituted therefor:

(f) any instrument registered and maintained in force in the general register pursuant to section 69, which describes the debtor in a name identical to that of the owner as set out in the certificate of title;

Sec. 69 rep. and sub.

3

Section 69 of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following section is substituted therefor:

Entries in G. R. binds land on both old and new systems.

69

Where an instrument was registered that did not contain a land description, but purported to claim an interest in or charge on the land of the debtor named therein, and where the name of the debtor was entered into an index called the general register in the land titles office for a Land Titles District, that instrument, from the date of registration thereof shall be deemed to have formed a lien or charge against all land owned by the debtor under the new system or old system in a name of the debtor identical to that set out in the instrument.

Sec. 73 rep. and sub.

4

Section 73 of the Act is repealed and the following section is substituted therefor:

G.R. to be maintained only for two years.

73(1)

The district registrar of a Land Titles District shall not maintain the general register beyond two years after the date of the coming into force of this section.

No new registrations to be made in G.R.

73(2)

The district registrar, upon the coming into force of this section, shall not register any new or further instruments in the general register except a renewal of an instrument made in accordance with subsection (5).

Registrations in G.R. to lapse after two years.

73(3)

Two years after the coming into force of this section, the registration in the general register of every instrument and any renewal thereof in accordance with subsection (5) lapses and no longer has any force or effect.

Notice to claimants.

73(4)

Where an instrument is registered in the general register, the district registrar shall, not later than eighteen months after this section comes into force, notify

(a) each claimant for whom an address for Service is provided in the instrument; and

(b) each claimant under the instrument with respect to a maintenance order at such address of the claimant as may be provided by the Maintenance Enforcement Programs Branch of the Department of the Attorney General; that the registration will lapse as mentioned in subsection (3) unless it is renewed in accordance with subsection (6).

Renewal instrument without legal description of land.

73(5)

Where the renewal of an instrument previously registered in the general register does not contain a legal description of the lands to be charged by the instrument, the claimant may, nevertheless, renew the instrument at any time within six months after the coming into force of this section by filing with the district registrar a Renewal of General Register Instrument as prescribed by the regulations showing the following information:

(a) the name of the claimant;

(b) the address for service of the claimant; and

(c) the date of registration and registration number of the instrument sought to be renewed and of any renewals thereof.

Renewal of instrument with legal description of land.

73(6)

Where the renewal of an instrument previously registered in the general register contains a legal description of the lands to be charged by the instrument, the claimant may renew the instrument at any time within two years after the coming into force of this section by filing with the district registrar a Renewal of General Register Instrument as prescribed by the regulations showing the following information:

(a) the name of the claimant;

(b) the address for service of the claimant;

(c) the date of registration and registration number of the instrument sought to be renewed and of any renewals thereof; and

(d) the legal description of the lands charged.

Registration of new instruments.

73(7)

Where a claimant under a judgment, lien or other instrument, except a renewal of an instrument under subsection (5) or (6), presents a document or instrument to the district registrar for registration purporting to claim an interest in or charge on land of a debtor, the document or instrument shall be in such form as may be prescribed in the regulations and shall contain the following information:

(a) the address for service of the claimant;

(b) the full name of the debtor;

(c) the legal description of the specific land to be charged; and

(d) such other particulars as may be indicated by the form.

Entry on abstract of title.

73(8)

A renewal registered under subsection (6) or a new instrument presented for registration for the first time under subsection (7) shall not be registered by the district registrar in the general register but the district registrar shall upon registration of the instrument make an entry of the registration in the abstract of title under the old system or on the title under new system, as the case may require.

Names must be identical.

73(9)

Where under subsection (5) or (6), a person presents a renewal of an instrument to the district registrar for registration, the district registrar shall not register the instrument in the general register or against the title of the debtor unless the name of the debtor as stated in the instrument, in the general register and on the title are identical.

Non-identical name does not indicate instrument.

73(10)

Where an instrument is registered under subsection (7), the registration thereof is not incomplete or improper solely because the name of the debtor as set out in the instrument is not identical to the name of the registered owner of the land described in the title, or the land described in the title is registered in the name of the judgment debtor and one or more persons.

Owners to be notified of registrations.

73(11)

Where an instrument is registered against specific land in accordance with this section, the district registrar shall forthwith notify the owner of the land affected by the registration of the instrument by certified mail.

Lapsing of instrument.

73(12)

An instrument registered against or charging specific land as legally described therein may be disposed of by the district registrar as having lapsed upon the expiration of 30 days after notice given by the district registrar to the claimant under the instrument to establish the validity of the claim as it affects the title charged by the instrument, unless the claimant within the 30 days files with the district registrar evidence satisfactory to the district registrar that court proceedings have been taken to establish the claim.

Manner of service.

73(13)

The notice referred to under subsection (12) shall be given in the manner provided for the service of documents under subsection 136(2).

Crown bound.

73(14)

The Crown is bound by this section.

Subsec. 97(2) rep. and sub.

5

Subsection 97(2) of the Act is repealed and the following subsection is substituted therefor:

Request for certificate of charge.

97(2)

The district registrar shall furnish to the owner of a mortgage or encumbrance only upon registration thereof, a certificate of charge specifying all registered mortgages, encumbrances or instruments filed in the general register in which the name of the debtor is identical to that of the registered owner of the lands which have priority over the mortgage or encumbrance for which the certificate of charge is given.

Cl. 105(1)(c) rep. and sub.

6

Clause 105(1)(c) of the Act is repealed and the following clause is substituted therefor:

(c) a judgment, lien or other instrument which has been registered and which claims or purports to claim an interest in or a charge on the lands of a debtor; or.

Subsec. 137(3) rep. and sub.

7

Subsection 137(3) of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following subsection is substituted therefor:

Right of caveator continues.

137(3)

Where, upon the coming into force of section 73, a person had filed a caveat founded on a certificate of judgment or other claim registered in the general register, the right of the caveator to a charge on the land described in the caveat continues in force as if the caveator had registered the instrument with the specific land description in accordance with section 73 with priority as of the date of the filing of the caveat.

Subsec. 139(4) rep.

8

Subsection 139(4) of the Act is repealed. PART II

AMENDMENT TO THE CORPORATION CAPITAL TAX ACT

Subsec. 24(2) of the Corporation Tax Act rep. and sub.

9

Subsection 24(2) of the Corporation Capital Tax Act being chapter C226 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificates of debts and registration.

24(2)

The minister may issue a certificate in a form prescribed in the regulations, showing the address for service upon the minister, the name and address of the corporation liable for the payment of any debt due to the government under this Act and certifying the amount of the debt payable; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration, the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and while registered in the general register against all lands of the debtor in the. Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the certificate when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the minister.

PART III

AMENDMENT TO THE GASOLINE TAX ACT

Subsec. 17(6) of Gasoline Tax Act rep. and sub.

10

Subsection 17(6) of The Gasoline Tax Act being chapter G40 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

17(6)

The minister may issue a certificate, in a form prescribed by the regulations, showing the address for service upon the minister, the name and address of the person liable for the debt and certifying the amount thereof; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration, the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, if registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the certificate when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the minister.

PART IV

AMENDMENT TO THE DEPARTMENT OF HEALTH ACT

Cl. 12(1)(b) of Department of Health Act rep. and sub.

11

Clause 12(1)(b) of The Department of Health Act being chapter H20 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following clause is substituted therefor:

(b) the minister may register a statement showing the address for service of notices upon the minister, the costs and expenses that have been incurred on behalf of that person and the name of that person in any Land Titles Office in the province, and, from the time of the registration thereof, the statement binds and forms a lien and charge in favour of the Crown in right of Manitoba for the amount so certified on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, if registered in the general register, against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the statement when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the minister.

PART V

AMENDMENT TO THE HEALTH AND POST-SECONDARY EDUCATION LEVY ACT

Subsec. 11(2) of Health and Post-Secondary Tax Levy Act rep. and sub.

12

Subsection 11(2) of The Health and Post Secondary Tax Levy Act being chapter H24 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

11(2)

The minister may issue a certificate, in a form prescribed by the regulations, showing the address for service upon the minister, the name and address of the debtor liable for payment of any debt due to the government under this Act and certifying the amount of the debt payable; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration, the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, while registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the certificate when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the minister.

PART VI

AMENDMENT TO THE INSURANCE CORPORATIONS TAX ACT

Subsec. 14(2) of Insurance Corporation Tax Act rep. and sub.

13

Subsection 14(2) of The Insurance Corporation Tax Act being chapter I50 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

14(2)

The treasurer may issue a certificate, in a form prescribed by the regulations, showing the treasurer's address for service, the name and address of the debtor liable for the debt and certifying the amount thereof; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration, the certificate binds and forms a lien and charge in favour of the government for the amount so certified on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, while registered in the general register, against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the certificate when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the treasurer.

PART VII

AMENDMENTS TO THE JUDGMENTS ACT

Subsec. 3(1) of Judgments Act rep. and sub.

14

Subsection 3(1) of The Judgments Act being chapter J10 of the Continuing Consolidation of the Statutes of Manitoba (in this Part referred to as "the Act") is repealed and the following subsection is substituted therefor:

Registered judgment a lien on land.

3(1)

Immediately upon a judgment for payment of money being entered or recovered in the Court of Queen's Bench or in the Federal Court of Canada for a sum exceeding $40., a certificate of judgment in the form set out in Schedule A or to the like effect under the seal of the court and signed by the registrar or a deputy registrar of the court may be registered in any Land Titles Office in the province; and from the time of the registration thereof, the judgment, except as hereinafter mentioned, binds and forms a lien and charge on all lands of the judgment debtor against which the certificate of judgment is registered by instrument charging specific land and, while registered in the general register, against all lands of the judgment debtor in the Land Titles District in which the certificate is registered that are held in a name identical to the debtor set out in the certificate of judgment, whether or not the lands are registered under The Real Property Act; and the certificate when so registered has the same effect as if the judgment debtor had under its hand and seal executed a lien charging the lands in favour of the judgment creditor.

Subsec. 8(2) rep. and sub.

15

Subsection 8(2) of the Act is repealed and the following subsection is substituted therefor:

Priority of registrations.

8(2)

If within the 30 days mentioned in subsection (1) a certificate of the judgment entered in the action or suit is registered, that certificate of judgment from the date of its registration is entitled to the same priority as the certificate of judgment registered at the date of the entry of judgment in such action or suit, if the first certificate registered of the judgment entered in the action or suit contains a statement showing that the judgment was recovered on a former judgment; which statement may be in the following words or words to the like effect:

This judgment was recovered in an action brought on a former judgment recovered in this court on the day of, 19, in suit numbered and entered up in judgment roll No.

(or as the case may be).

Subsec. 9(1) rep. and sub.

16

Subsection 9(1) of the Act is repealed and the following subsection is substituted therefor:

Registration of judgment for alimony.

9(1)

An order or judgment for alimony or maintenance may be registered in any Land Titles Office in Manitoba, and unless the registration is vacated or partially vacated under section 21, the registration, so long as the order or judgment registered remains in force, binds the estate and interest of every description which the defendant has in any lands in the Land Titles District where the registration is made, that are held in a name identical to the name set out in the order or judgment, and operates thereon in the same manner, and with the same effect, as the registration of a charge under the hand and seal of the defendant made by the defendant on his lands.

PART VIII

AMENDMENT TO THE MINERAL EXPLORATION ASSISTANCE ACT

Subsec. 4.1(2) of Mineral Taxation Act rep. and sub.

17

Subsection 4.1(2) of The Mineral Exploration Assistance Act being chapter M140 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

4.1(2)

The minister may issue a certificate, in a form prescribed by the regulations, showing the minister's address for service of notice, the name and address of the person liable for repayment of the advances due to the government under subsection 4(1) and certifying the amount of the indebtedness; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration, the certificate shall bind and form a lien and charge, in favour of the government, for the amount so certified on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, while registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act.

PART IX

AMENDMENT TO THE MINES ACT

Subsec. 53.1(10) of Mines Act rep. and sub.

18

Subsection 53.1(10) of The Mines Act being chapter M160 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debt and registration.

53.1(10)

The minister may issue a certificate showing the minister's address for service of notice, the name and address of any person liable for a debt due to the government under this section and certifying the amount of the debt; and may

(a) register this certificate in the Land Titles Office of any Land Titles District, and from the time of its registration, the certificate except as hereinafter mentioned binds and forms a lien and charge in favour of the government for the amount so certified on all lands of the debtor, against which the certificate is registered by instrument charging specific land, and, while registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set out in the certificate whether or not the lands are registered under the Real Property Act; and

(b) register the certificate with the recorder of any mining district and from the time of its registration the certificate binds and forms a lien and charge in favour of the government for the amount so certified on all lands and interests therein of the debtor that are situate in that mining district.

PART X

AMENDMENT TO THE MOTIVE FUEL ACT

Subsec. 17(6) of Motive Fuel Act rep. and sub.

19

Subsection 17(6) of The Motive Fuel Act being chapter M220 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor;

Certificate of debts and registration.

17(6)

The minister may issue a certificate, in a form prescribed by the regulations, showing the minister's address for service of notice, the name and address of the person liable for the debt and certifying the amount thereof; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of its registration, except as hereinafter mentioned, it shall bind and form a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, while registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act.

PART XI

AMENDMENTS TO THE MUNICIPAL ACT

Subsecs. 721.2(1) and (2) of Municipal Act rep. and sub.

20

Subsections 721.2(1) and (2) of The Municipal Act being chapter M225 of the Continuing Consolidation of the Statutes of Manitoba as enacted by chapter 29 of the Statutes of Manitoba, 1986-87 are repealed and the following subsections are substituted therefor:

Registration of statement.

721.2(1)

Where

(a) a debt becomes due from a person to a municipality under section 721.1; or

(b) a municipality has made any payment to a person to cover in whole or in part

(i) the principal portion of any instalment payable under a real property mortgage or an agreement for the sale of land, or any part of that principal portion, or

(ii) arrears of real property taxes, or

(iii) the cost of major building repairs; the municipality may register in any Land Titles Office in the province a statement certifying its address for service of notices, the amount of the debt or payment and the name of the person indebted.

Lien.

721.2(2)

From the time of its registration, a statement registered under subsection (1) forms a lien in favour of the municipality against the estate or interest in any land specifically described in the statement and while registered in the general register against all lands of the debtor which are held in a name identical to that of the debtor set out in the statement for the amount certified in the statement together with the amount of

(a) any debt that becomes owing from the person to the municipality under section 721.1 after the statement is registered; and

(b) any payment of a kind described in clause (1)(b) made after the statement is registered.

PART XII

AMENDMENT TO THE OIL AND NATURAL GAS TAX ACT

Subsec. 20(1) of Oil and Natural Gas Tax Act rep. and sub.

21

Subsection 20(1) 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:

Certification of tax.

20(1)

Any tax, penalties and interest payable under this Act and remaining unpaid, in whole or in part, may be certified by the minister

(a) in respect of the tax imposed under section 4, after the expiration of six months from the end of the fiscal year in which the tax is levied; and

(b) in respect of the tax imposed under section 4.1, after the expiration of 30 days from the day on which the same became payable; and the minister may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration, the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, while registered in the general register, against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act.

PART XIII

AMENDMENT TO THE PARI-MUTUEL TAX ACT

Subsec. 14(5) of Pari-Mutuel Tax Act rep. and sub.

22

Subsection 14(5) of The Pari-Mutuel Tax Act being chapter P12 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certification of debts and registration.

14(5)

The minister may issue a certificate in a form prescribed by the regulations, showing the minister's address for service of notice, the name and address of the person liable for the debt and certifying the amount thereof; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, if registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act.

PART XIV AMENDMENT TO THE REVENUE ACT, 1964

Subsec. 11(5) of Revenue Act, 1964 rep. and sub.

23

Subsection 11(5) of The Revenue Act, 1964 being chapter R140 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

11(5)

The minister may issue a certificate, in a form prescribed by the regulations, showing the minister's address for service of notice, the name and address of the person liable for the debt and certifying the amount thereof; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, if registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act.

PART XV

AMENDMENT TO THE RETAIL SALES TAX ACT

Subsec. 13(7) of Retail Sales Tax Act rep. and sub.

24

Subsection 13(7) of The Retail Sales Tax Act being chapter R150 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

13(7)

The minister may issue a certificate, in a form prescribed by the regulations, showing the minister's address for service of notice, the name and address of the person liable for any debt due to Her Majesty in Right of Manitoba under this Act and certifying the amount of the debt, and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, while registered in the general register against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under the Real Property Act.

PART XVI

AMENDMENT TO THE SOCIAL ALLOWANCES ACT

Subsecs. 21(1) and 21(2) of Social Allowances Act rep. and sub.

25

Subsections 21(1) and (2) of The Social Allowances Act being chapter S160 of the Continuing Consolidation of the Statutes of Manitoba are repealed and the following subsections are substituted therefor:

Registration of statement.

21(1)

Where

(a) a debt becomes due and owing from a person to the Crown under section 20; or

(b) the government has made any payment to or for a person to cover

(i) the principal portion of any instalment payable under a real property mortgage or an agreement for the sale of land, or any part of that principal portion, or

(ii) arrears of real property taxes, or any part of those arrears, or

(iii) the cost of such building repairs as may be defined in the regulations to be major repairs; the minister may cause to be registered in any Land Titles Office in the province a statement showing the minister's address for service certifying the amount of the debt, payment, assistance or social allowance, as the case may be, and in the statement the minister shall name the person indebted.

Statement of charge and registration.

21(2)

From the time of its registration, a statement registered under subsection (1), except as hereinafter mentioned, binds and forms a lien and charge on all lands of the debtor against which the statement is registered by instrument charging specific land, and, while registered in the general register, against all lands of the debtor in the Land Titles District in which the statement is registered that are held in a name identical to that of the debtor set out in the statement whether or not the lands registered under the Real Property Act for the amount certified in the statement and the amount of

(a) any debt that subsequently becomes due and owing from the person to the Crown under section 20 after the statement is registered; and

(b) any payment of a kind described in clause (1)(b) subsequently made by the government to or for the debtor.

PART XVII

AMENDMENT TO THE TOBACCO TAX ACT

Subsec. 14(6) of Tobacco Tax Act rep. and sub.

26

Subsection 14(6) of The Tobacco Tax Act being chapter T80 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

14(6)

The minister may issue a certificate, in a form prescribed by the regulations, showing the minister's address for service of notice, the name and address of the person liable for the debt and certifying the amount thereof; and may register the certificate in the Land Titles Office of any Land Titles District and from the time of the registration the certificate except as hereinafter mentioned binds and forms a lien and charge on all lands of the person liable against which the certificate is registered by instrument charging specific land, and, while registered in the general register against all lands of the person liable in the Land Titles District in which the certificate is registered that are held in a name identical to that of the person liable set out in the certificate whether or not the lands are registered under The Real Property Act.

Commencement.

27

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