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C.C.S.M. c. R30
The Real Property Act
| 1 | Definitions | |
| 2 | (1) | Meaning of "issued under this Act" |
| (2) | Reference to "certificate of title" | |
| (3) | Reference in other Acts | |
| (4) | Meaning of joint tenants | |
| (5) | Subject to new system | |
| (6) | When registration is completed and takes effect | |
| (7) | Extent of lien | |
| (8) | Equitable doctrines about notice abolished | |
| OBJECTS OF THE ACT | ||
| 3 | Objects of the Act | |
| LAND TITLES DISTRICTS AND OFFICES | ||
| 4 | (1) | Land titles district |
| (2) | Land titles office | |
| (3) | Present districts and offices continued | |
| 5 | Buildings | |
| 6 | Old registrations continue | |
| 7 | Certain registrations invalid | |
| 8 | Effect after change of system | |
| 9 | Certified copies for new districts | |
| 10 | Effect of change of district | |
| 11 | (1) | Offices to be open certain days and hours |
| (2) | Registration hours | |
| (3) | Closing on other days | |
| (4) | Effect of order | |
| DISTRICT REGISTRARS AND OFFICIALS | ||
| 12 | (1) | Appointment |
| (2) | Appointment of Registrar-General | |
| (3) | Appointment of Examiner of Surveys | |
| (4) | Duties of staff | |
| (5) | Duties of Registrar-General | |
| (6) | Reference to Registrar-General | |
| (7) | Referral by person to Registrar-General | |
| (7.1) | Complying with Registrar-General's decision | |
| (7.2) | Person may apply for Registrar-General's order | |
| (8) | Certain officers to be barristers | |
| (9) | Examiner of Surveys | |
| 13 | (1) | Appointment and powers of deputies |
| (2) | When deputy to act | |
| (3) | District registrars and deputies interchangeable | |
| (4) | Authority to act for district registrar | |
| 14 | (1) | Daily record of district registrar |
| (2) | Serial number of rejected instrument | |
| 15 | Certain books | |
| 16 | Repealed | |
| 17 | (1) | When fees to be paid |
| (2) | Repealed | |
| 18 | Repealed | |
| 19 | (1) | District registrar to keep account |
| (2) | Official not to retain fees | |
| (3) | Penalty for retaining | |
| 20 | (1) | District registrar not compellable |
| (2) | Books in another office | |
| (3) | Production of certified copies | |
| (4) | Cost of certified copies | |
| 21 | Repealed | |
| POWERS AND DUTIES OF DISTRICT REGISTRARS | ||
| 22 | (1) | Powers |
| (2) | Appointment of special examiner | |
| (3) | Microfilming of registered documents | |
| (4) | Certified copy as proof | |
| (5) | Destruction of instruments | |
| (6) | Proof of lost instruments | |
| (7) | Substitute title | |
| (8) | Entire register destroyed | |
| (9) | Date of substitute title | |
| (10) | Where evidence not available | |
| (11) | Effect of substitute certificate | |
| (12) | Substitute instruments | |
| 23 | (1) | Correcting |
| (2) | Original words not to be erased | |
| (3) | Effect of correction | |
| 24 | (1) | District registrar may summon |
| (2) | Refusal to obey the summons | |
| (3) | Jurisdiction of court | |
| 25 | Form and enforcement | |
| 26 | (1) | Dispensing with production of duplicate title |
| (2) | Non-production to be accounted for | |
| (3) | Repealed | |
| (4) | Repealed | |
| (5) | Dispensation with production | |
| APPLICATIONS UNDER THE ACT | ||
| CROWN GRANTS | ||
| 27 | Land granted by Crown | |
| 28 | Issue of certificate of title | |
| WHERE LAND UNDER OLD SYSTEM | ||
| 29 | (1) | Application |
| (2) | Reduction of fees | |
| 30 | (1) | Effect of filing application |
| (2) | Filings in the application | |
| (3) | Vacating of prior claims | |
| (4) | Order to vacate claim | |
| (5) | District registrar may vacate claim or interest | |
| (6) | Method of giving notice | |
| (7) | Appl. of secs. 150 to 152 | |
| (8) | Proceedings to establish right | |
| (9) | Restriction on further registration | |
| 31 | (1) | Land in one application |
| (2) | Variations of restrictions | |
| 32 | (1) | Plan may be required |
| (2) | Land subject to mortgage | |
| 33 | (1) | Undivided interests |
| (2) | Restriction on subsec. (1) | |
| 34 | (1) | Application on behalf of infant or person of unsound mind |
| (2) | Application by guardian | |
| (3) | Application by attorney | |
| 35 | (1) | Direction to issue certificate |
| (2) | Effect of direction | |
| (3) | Application of Homesteads Act | |
| 36 | (1) | Withdrawal of application |
| (2) | Expenses of caveator on withdrawal | |
| 37 | Rejection of application | |
| 38 | (1) | Appl. for additional land required |
| (2) | Waiver of subsec. (1) | |
| (3) | Approval under Planning Act | |
| (4) | Meaning of "grantee" and "grantor" | |
| 39 | Entry in old system | |
| 40 | (1) | Effect where direction filed |
| (2) | Direction not notice of right | |
| (3) | Consent of directee | |
| (4) | Rights of parties saved | |
| 41 | (1) | Service on adverse claimants |
| (2) | Substitutional service | |
| 42 | Patents accepted as final | |
| 43 | Issue of certificate | |
| 44 | Proclamation | |
| TAX SALE APPLICATIONS | ||
| 45 | (1) | Appl. by tax purchaser |
| (2) | Effect of notice | |
| (3) | Application including several parcels | |
| (4) | Power of district registrar | |
| (5) | Land subject to registered instruments | |
| (6) | Application of sections | |
| 46 | Cancellation of certificate | |
| 47 | (1) | Meaning of "mines and minerals" |
| (2) | Exceptions from title issued | |
| (3) | Title extinguished | |
| (4) | Proof of vesting | |
| TRANSMISSIONS | ||
| 48 | (1) | Transmission on death |
| (2) | When entitled | |
| (3) | Expropriated land | |
| (4) | Dispensing with production | |
| 49 | (1) | Assignment to creditors |
| (2) | Trust position not to appear | |
| (3) | Custodian of Enemy Property | |
| 50 | (1) | Joint tenancies |
| (2) | Action of district registrar | |
| 51 | (1) | Title by accretion |
| (2) | Supporting material | |
| (3) | Form and consents | |
| (4) | Dispensing with consent | |
| (5) | Notice where failure to consent | |
| (6) | Service of notice | |
| (7) | Failure to file pending litigation order | |
| (8) | Certificate of title | |
| ISSUING CERTIFICATES OF TITLE | ||
| 52 | (1) | Form of title |
| (2) | No duplicate title to be issued | |
| (2.1) | Existing duplicate titles may be destroyed | |
| (3) | When title deemed issued | |
| (3.1) | Effective date of title, certificate of title | |
| (4) | Successive transfers | |
| (5) | Effect of memorial | |
| (6) | Definitions | |
| 53 | Repealed | |
| 54 | Date of certificate of title | |
| 55 | (1) | Certificate to executor |
| (2) | Effect | |
| 56 | (1) | Uncancelled title |
| (2) | District registrar to attach order | |
| (3) | Books to be repaired | |
| (4) | Conversion to electronic titles | |
| 57 | (1) | Cancellation |
| (2) | Lands removed | |
| (3) | Plan of survey | |
| (4) | Land acquired subject to change | |
| EFFECT OF CERTIFICATES | ||
| 58 | (1) | Restrictions on certificate |
| (1.1) | Non-application | |
| (2) | Highways | |
| (3) | Limitation on subsection (2) | |
| (4) | Meaning of "fractional" | |
| 59 | (1) | Conclusive evidence — title paramount (indefeasible) |
| (1.1) | Exception — title subject to section 58 | |
| (1.2) | Exception — fraud or wrongful act by owner | |
| (1.3) | Exception — owner deprived due to fraud or wrongful act | |
| (2) | Two certificates for same land | |
| (3) | Court order — two certificates for same land | |
| 60 | (1) | Production of title |
| (2) | Certificate of search | |
| (3) | Record of Title and Status of Title | |
| 61 | (1) | Void against title by possession |
| (2) | Title by possession abolished | |
| 62 | (1) | No actions of ejectment |
| (2) | Certificate of title absolute bar | |
| REGISTRATION OF TITLES AND OTHER INSTRUMENTS | ||
| 63 | (1) | Registration Details Application |
| (2) | Repealed | |
| (3) | Deemed embodied in register | |
| (4) | District registrar to file instrument | |
| (5) | Prescribed form document prevails | |
| 64 | Priority of registration | |
| 65 | (1) | Effect of certificate of registration |
| (2) | Issue of new certificates of title | |
| 66 | (1) | Instruments unfit for registration |
| (2) | Illegible instrument | |
| (3) | Documents registered in series | |
| (4) | Registration essential | |
| (5) | Instruments in old form | |
| (6) | Mortgage in the old system | |
| 66.1 | (1) | Instrument affecting Crown oil and gas rights |
| (2) | Correction by district registrar | |
| 67 | (1) | All land must be in same district |
| (2) | Registration in more than one district | |
| 68 | Disclaimer of estate or interest in land | |
| 69 | Entries in General Register bind all land | |
| 70 | Entries in Deposit Register | |
| 71 | (1) | Registration in Deposit Register |
| (1.1) | Attachment to instrument as evidence | |
| (2) | Government not liable | |
| Evidence Necessary for Registering Instruments | ||
| 72 | (1) | Application |
| (2) | Definitions | |
| 72.1 | Evidence required for each instrument | |
| 72.2 | Party cannot also witness execution | |
| 72.3 | Affidavit, etc., not to be sworn before party | |
| 72.4 | (1) | Proving execution of instruments |
| (2) | Non-application | |
| Transfers Executed Within Canada | ||
| 72.5 | (1) | Transfers witnessed by barristers or solicitors |
| (2) | Transfers witnessed by notaries | |
| (3) | Exception — particular circumstances | |
| (4) | Other witnesses | |
| (5) | Required witness information to prove execution | |
| (6) | Effect of witness's signature | |
| Transfers Executed Outside Canada | ||
| 72.6 | (1) | Witness to transfer executed outside Canada |
| (2) | Applicable provisions — witness | |
| (3) | Execution by notary public under Evidence Act | |
| Mortgages Executed Within Canada | ||
| 72.7 | (1) | Mortgages witnessed by barristers or solicitors |
| (2) | Mortgages witnessed by notaries or financial institutions | |
| (3) | Applicable provisions re execution of mortgage | |
| Mortgages Executed Outside Canada | ||
| 72.8 | (1) | Witness to mortgage executed outside Canada |
| (2) | Applicable provisions — witness | |
| (3) | Execution by notary public under Evidence Act | |
| Execution of Other Instruments | ||
| 72.9 | (1) | Instruments witnessed |
| (2) | Affidavit of execution | |
| (3) | Execution by barrister, solicitor or other officer | |
| 73 | (1) | Address for mailing |
| (2) | Registered address | |
| (3) | Change of address | |
| 74 | Priority | |
| 75 | (1) | General register to be maintained until 1989 |
| (2) | No new registrations to be made in general register | |
| (3) | Registrations in general register to lapse | |
| (4) | Notice to claimants | |
| (5) | Renewal where no legal description | |
| (6) | Renewal where legal description | |
| (7) | Registration of new instruments | |
| (7.1) | Execution of discharge | |
| (8) | Entry on abstract of title | |
| (9) | Names must be identical | |
| (10) | Non-identical name | |
| (10.1) | Statement in support of registration under subsection (7) | |
| (10.2) | Liability for instrument under subsection (7) | |
| (10.3) | Joint liability | |
| (11) | Owners to be notified | |
| (12) | Lapsing of instrument | |
| (13) | Manner of service | |
| (14) | Crown bound | |
| 76 | (1) | Party wall, right of way and easement agreements |
| (2) | Effect of declaration | |
| (2.1) | No consent for respecting statutory easements, etc. | |
| (3) | Effect of registration of declaration | |
| (4) | Party wall, right of way, and easement agreements | |
| (5) | Discharge of party wall agreement | |
| 76.1 | Definition of "registered owner" | |
| 76.2 | (1) | Registration of development scheme |
| (2) | No consent for statutory easements, etc. | |
| (3) | Requirements — declaration or agreement | |
| (4) | When restriction is negative in effect | |
| (5) | Land not required to be contiguous | |
| 76.3 | (1) | Effect of registration |
| (2) | Effect of other obligations being included | |
| 76.4 | (1) | Changes ordered by Municipal Board |
| (2) | Amending or discharging scheme | |
| (3) | No consent required — statutory easement, etc. | |
| 77 | Implied covenants in transfer | |
| 77.1 | (1) | Definition of "residential mortgage" |
| (2) | Definition of "borrower" | |
| (3) | Liability under "personal covenant" or "covenant" | |
| 77.2 | (1) | Personal covenant in residential mortgage |
| (2) | Application to mortgage payable without demand | |
| (3) | Liability under mortgage payable on demand | |
| (4) | Waiver of benefit | |
| 77.3 | (1) | Liability ceases on approval of new mortgagor |
| (2) | Mortgagor may request approval | |
| (3) | Mortgagee may require information and fee | |
| (4) | Approval not to be unreasonably withheld | |
| (5) | Mortgagor may apply to court for approval | |
| 77.4 | Service in accordance with mortgage or Queen's Bench Rules | |
| 78 | Unregistered instrument | |
| 79 | (1) | Severance of joint tenancy |
| (2) | Service of notice | |
| (3) | Court order for further action | |
| (4) | Extension of time | |
| (5) | Earlier effect of severance | |
| 80 | (1) | Definitions |
| (2) | Protection for person accepting transfer | |
| (3) | Knowledge of trust | |
| 81 | (1) | No entry of trusts |
| (2) | Refusal of registration | |
| (3) | District registrar need not inquire | |
| 82 | (1) | Implied covenants may be modified |
| (2) | Proceedings on implied covenant | |
| (3) | Effect of implied covenant | |
| (4) | Covenants several, not joint | |
| 83 | (1) | Power of attorney |
| (2) | Revocation or notice of death filed | |
| 84 | Death between execution and reg. | |
| TRANSFERS | ||
| 85 | (1) | Transfer of land |
| (2) | Easements not to be registered | |
| (3) | Declaration re farm instruments | |
| (4) | Repealed | |
| (5) | District registrar may refuse registration | |
| (5.1) | Reliance on statutory declaration | |
| (6) | Regulations | |
| (7) | Exemption from providing information | |
| (8) | Repealed | |
| (9) | Who may make statutory declaration | |
| (10) and (11) | Repealed | |
| (12) | Farm Lands Ownership Act | |
| (13) | Repealed | |
| 86 | Restrictions on fractional interests | |
| 87 | Order in Council deemed a transfer | |
| 88 | (1) | Owner may transfer to self and other |
| (2) | Executor may transfer to self | |
| 89 | Instrument from receiver | |
| 90 | Words of limitation not necessary | |
| LEASES | ||
| 91 | (1) | Form of lease |
| (2) | Surrender of lease | |
| (3) | Renewals of leases | |
| (4) | Amendment of term of life lease | |
| 92 | Implied covenants | |
| 93 | Implied powers in lessor | |
| 94 | Notation of re-entry by lessor | |
| 95 | Consent of mortgagee to lease required | |
| MORTGAGES AND ENCUMBRANCES | ||
| 96 | (1) | New system mortgage or encumbrance |
| (2) | Execution before land under this Act | |
| (3) | Fractional interests | |
| (4) | Registration of standard terms | |
| (5) | Serial number of standard terms | |
| (6) | Repealed | |
| (7) | Mortgage to include standard terms | |
| (7.1) | No liability for incorrect reference | |
| (8) | Term may be varied or amended | |
| (9) | Mortgage to refer to only one set | |
| (10) | Express term to prevail | |
| (11) | Limitation on registration of set | |
| (12) | Mortgagee to provide copy | |
| (13) | Registrar General authorization required | |
| 97 | Mortgages to secure future liability | |
| 98 | Mortgage does not transfer any estate | |
| 99 | Registration in application | |
| 100 | (1) | Production and destruction of duplicate title |
| (2) | Repealed | |
| 101 | (1) | Transfer of mortgage |
| (2) | Registration to pass rights | |
| (3) | Right of transferee to sue on mortgage | |
| (4) | Mortgage of mortgage deemed a transfer | |
| (5) | Discharge by mortgagee of a mortgage | |
| (6) | Prohibition | |
| 102 | Assignment of mortgage | |
| 103 | (1) | Discharge of mortgage |
| (2) | Effect of partial discharge | |
| (3) | Meanings | |
| 104 | Discharge of encumbrance | |
| 105 | (1) | Repayment of mortgage moneys |
| (2) | Payment into court | |
| (3) | Disposal of moneys paid in | |
| 105.1 | (1) | Interest holder to register discharge of interest |
| (2) | Notice of discharge | |
| (3) | Charge for providing discharge | |
| 106 | (1) | Statute barred mortgage |
| (2) | Court to grant order | |
| 107 | Registrar-General may order discharge | |
| 108 | Notice of builders' lien | |
| 109 | (1) | Registration of postponement |
| (1.1) | Execution of postponement | |
| (2) | Effect of registration of postponement | |
| 110 | (1) | Variation of mortgage or encumbrance |
| (2) | Consent of all affected persons | |
| (3) | Effect of agreement | |
| (4) | Meaning of "encumbrance" | |
| 111 | (1) | Definition of "eligible grantee" |
| (2) | Granting right that is registrable as a statutory easement | |
| (3) | Activities and undertakings | |
| (4) | Applicable to old and new system land | |
| (5) | Liability of grantor limited | |
| (6) | Interpretation of "instrument" | |
| 111.1 | (1) | Right becomes statutory easement on registration |
| (2) | Registration of statutory easement | |
| (3) | Declaration also required | |
| 111.2 | (1) | Definition of "right analogous to an easement" |
| (2) | Transition — rights analogous to easements | |
| (3) | Current interest in land not required to register a right | |
| (4) | Registration without current interest time limited | |
| (5) | Registration after time limit does not create statutory easement | |
| 111.3 | (1) | Limitation on assignment or transfer |
| (2) | Declaration required | |
| 111.4 | (1) | Discharge of statutory easement |
| (2) | Effect of discharge | |
| 111.5 | (1) | District registrar may vacate statutory easements |
| (2) | When district registrar may take action | |
| (3) | Restriction | |
| (4) | Service of notice | |
| 112 | (1) | Issue of statutory easement titles |
| (2) | Requirements for title to issue | |
| (3) | Registered encumbrances on titles | |
| (4) | Cancelling a statutory easement title | |
| (5) | Easement title may be transferred | |
| (6) | Requirements to subdivide easement title | |
| 113 | Mortgagee's rights | |
| 114 | (1) | Right to lease land |
| (2) | Effect of lease by mortgagee | |
| 115 | When acceleration clause not binding | |
| 116 | Interpretation of encumbrances | |
| PLANS | ||
| 117 | (1) | Plans of subdivision |
| (2) | Application of subsection (1) | |
| (3) | Approval required for registration | |
| (4) | Form of approval | |
| (5) | Requirements of Registrar-General | |
| (6) | Nature of plan | |
| (7) | Authority as to survey of subdivisions | |
| (8) | Clause (6)(e) dispensed with | |
| (9) | Signature in respect of parcel | |
| (10) | District registrar to deliver one of the plans | |
| (11) | Registered within 60 days | |
| (12) | Delegation of authority | |
| 118 | Consents | |
| 119 | (1) | Plans dedicating streets |
| (2) | Title to streets | |
| (3) | Definition of "pipeline easement" | |
| 120 | Certain sales may be rescinded | |
| 121 | (1) | Plans for simplifying descriptions |
| (2) | Correction of errors for special plot | |
| (3) | Approval of special plot | |
| (4) | Effect of registration of special plot | |
| (5) | Conveyance of portion of special plot | |
| (6) | Alternative to plans | |
| 122 | Correction of registered plan | |
| 123 | Registrar-General may certify copies | |
| 124 | (1) | Plan for opening roads and drains |
| (2) | Plans forwarded Registrar-General | |
| (3) | Registration to affect both systems | |
| (4) | Lot from which lane taken | |
| 125 | (1) | Plans of right-of-way |
| (2) | One of the plans to be forwarded | |
| 126 | Railway lands | |
| 127 | (1) | Requirement for plan of survey |
| (2) | Notice of intention that plan required | |
| (3) | Approval of local authority | |
| (4) | Accompanying documents | |
| (5) | Approval under Planning Act | |
| 128 | (1) | Plans to be satisfactory |
| (2) | Bearings to be astronomic | |
| (3) | Evidence for unsurveyed boundaries | |
| (4) | Plan based on land titles records | |
| 129 | Verification of survey | |
| 130 | Waiving requirements on Crown land | |
| 131 | Copies of plans | |
| 132 | Use of International System | |
| 133 | (1) | Interpretation |
| (2) | Creation of air space parcels | |
| (3) | Requirements of the plan | |
| (4) | Parcel may be subdivided | |
| PROCEEDINGS IN LAND TITLES OFFICES MORTGAGE SALE AND FORECLOSURE PROCEEDINGS | ||
| 134 | (1) | Notice of sale on default |
| (2) | Breach to be declared by judge | |
| (3) | Effect of pending litigation order | |
| (4) | Status of plaintiff | |
| 135 | (1) | Application for order to sell |
| (2) | Proof of matters stated | |
| (3) | District registrar may make order for sale | |
| 136 | (1) | Conveyances by mortgagee after sale |
| (2) | Purchaser not to see to application | |
| (3) | Application thereof | |
| 137 | Vesting of title in purchaser | |
| 138 | (1) | Foreclosure of mortgage or encumbrance |
| (2) | Application for foreclosure | |
| (3) | Notice to redeem | |
| (4) | When foreclosure notice not required | |
| (5) | Extending time for redemption | |
| (6) | Service of notice | |
| (7) | Land must be under Act | |
| 139 | (1) | District registrar may publish notice |
| (2) | Order of foreclosure | |
| (3) | Registration of foreclosure order | |
| 140 | Notice of sale proceedings | |
| 141 | Land subject to registered instruments | |
| 142 | (1) | Statutory declaration |
| (2) | Who may make statutory declaration | |
| (3) | Court order re farmland | |
| (4) | District registrar may refuse to issue order | |
| (5) | Reliance on statutory declaration | |
| (6) | Regulations | |
| (7) | Family Farm Protection Act | |
| 143 | (1) | Taxation of costs |
| (2) | Tariff | |
| (3) | Appeal to Registrar-General | |
| (4) | Decision of Registrar-General final | |
| 144 | Rules | |
| CAVEATS ON APPLICATION TO BRING LAND UNDER NEW SYSTEM | ||
| 145 | Who may file caveat | |
| 146 | Duty of district registrar | |
| 147 | (1) | Lapse of caveat |
| (2) | Service of notice | |
| CAVEATS AFTER LAND IS BROUGHT UNDER NEW SYSTEM | ||
| 148 | (1) | Caveat after title under new system |
| (2) | Exception | |
| (3) | Right of caveator continues | |
| 148.1 | Caveat — right to have registration revised | |
| 149 | (1) | Caveats under the Bank Act |
| (2) | Form of caveat | |
| (3) | Legal description required | |
| (4) | Priority of taxes | |
| (5) | Remedies of municipality not affected | |
| 150 | (1) | Notice to proceed |
| (1.1) | Vacating caveat without notice | |
| (2) | Service of notice | |
| (3) | Stay of dealing with land ordered | |
| 151 | Extension of time | |
| 152 | Effect of caveat | |
| CAVEATS GENERALLY | ||
| 153 | Notice to caveatee | |
| 154 | (1) | Contents of caveat |
| (2) | Caveat to show both tenancies | |
| (3) | Affidavit in support | |
| (4) | Rejection of imperfect caveat | |
| 155 | Priority secured by caveat | |
| 156 | (1) | Assignment of caveats |
| (2) | Effect of filing of assignment | |
| (3) | Address for mailing | |
| (4) | Old system mineral lease | |
| 157 | (1) | Discharge of caveat |
| (2) | Discharge by attorney or agent | |
| (3) | Building restriction caveats | |
| (4) | Discharge by subsequent owners | |
| (5) | Vacating of caveat | |
| 158 | Lapsing of caveats for specific terms | |
| 158.1 | Lapsing of development schemes | |
| 159 | (1) | Expiry of building restriction caveats and development schemes |
| (2) | Vacating building restriction caveats and development schemes | |
| 160 | Liability for wrongful caveat | |
| 161 | Proceedings before lapse of | |
| 162 | (1) | Proceedings on caveat |
| (2) | Statement of claim | |
| 163 | (1) | Application to discharge caveat |
| (2) | Disposal of certain caveats | |
| (3) | Court order | |
| (4) | Order for payment out of court | |
| 164 | Proceeding after disposal of caveat | |
| 165 | (1) | Filing after withdrawal |
| (2) | District registrar may file a caveat | |
| SERVICE OF NOTICES AND PROCEEDINGS | ||
| 166 | Service as in suits | |
| 167 | Corporations or partnerships | |
| 167.1 | Notice by mail | |
| 168 | (1) | Where person has died |
| (2) | Method of service | |
| 169 | Repealed | |
| PROCEEDINGS BEFORE REGISTRAR-GENERAL | ||
| General Provisions | ||
| 169.1 | (1) | Applicable proceedings |
| (2) | Proceedings before Registrar-General instead of court | |
| (3) | Rules of practice and procedure | |
| (4) | Powers under Evidence Act | |
| (5) | Application | |
| (6) | Providing information | |
| (7) | Registering notice of application | |
| (8) | Hearing | |
| (9) | Notice of hearing | |
| (10) | Conduct of hearings | |
| (11) | Hearings conducted orally or in writing | |
| Orders Made by Registrar-General | ||
| 169.2 | (1) | Application to Registrar-General |
| (2) | Order | |
| (3) | Serving and registering order | |
| Appeal of Registrar-General's Order | ||
| 169.3 | (1) | Appealing Registrar-General's order to court |
| (2) | Registrar-General's order stayed | |
| (3) | Registrar-General entitled to be heard | |
| (4) | Decision on appeal | |
| Registrar-General's Report and Confirmation by Court Order | ||
| 169.4 | (1) | Application to Registrar-General for report |
| (2) | Report | |
| (3) | Application to court to confirm report | |
| (4) | Report must be confirmed | |
| (5) | Serving report and court application | |
| (6) | If confirmation of report opposed | |
| (7) | Registrar-General entitled to be heard | |
| (8) | Court order | |
| (9) | Confirmed report is court order | |
| (10) | Serving and registering order | |
| Registrar-General Declines to Hear or Determine Application | ||
| 169.5 | (1) | Registrar-General may decline to hear or determine application |
| (2) | Court proceedings | |
| (3) | Court order if applicant initiates court proceedings | |
| PROCEEDINGS GENERALLY | ||
| 170 | Informality | |
| 171 | Proceedings not to abate by death | |
| 172 | (1) | Guardian, committee or substitute decision maker may act |
| (2) | Appointment of guardian ad litem | |
| JURISDICTION OF COURT BY WAY OF APPEAL | ||
| 173 | (1) | Appeal from decision of district registrar |
| (2) | Disposition of appeal | |
| 174 | Reference by Registrar-General | |
| 175 | (1) | Witnesses may be summoned |
| (2) | Appeal | |
| IN ACTIONS GENERALLY | ||
| 176 | (1) | Orders by judge |
| (2) | Title to be safe-holding | |
| (3) | Referral to the Registrar-General | |
| 177 | (1) | Mortgage partly secured on personalty |
| (2) | Trusts, mortgages and debentures | |
| 178 | (1) | Owner to allow use of name |
| (2) | Indemnity of owner | |
| 179 | Documents as evidence in actions | |
| 180 | (1) | Instrument admissible |
| (2) | Custody of district registrar | |
| (3) | Register to be returned | |
| ASSURANCE FUND | ||
| 181 | (1) | Fees payable to assurance fund |
| (2) | Paid to Minister of Finance | |
| (3) | Investment of assurance fund | |
| (4) | Rate of interest | |
| (5) | Application of fund | |
| COMPENSATION | ||
| 182 | Compensation from assurance fund | |
| 183 | (1) | Amount of compensation re estate or interest in land |
| (2) | Amount of compensation — mines and minerals | |
| (3) | Effective date of compensation | |
| 184 | (1) | Time limit |
| (2) | Time limit for person claiming through predecessor | |
| 185 | Fraud or wrongful act bar to compensation | |
| 186 | No compensation if caveat not registered | |
| 187 | No compensation if notice of severing joint tenancy | |
| 188 | No compensation re district registrar's notice | |
| 189 | No compensation if relying on duplicate title | |
| 190 | (1) | Actions — trusts, corporations and municipalities |
| (2) | Definition of "municipality" | |
| Payment of Compensation | ||
| 191 | (1) | Effect of compensation order |
| (2) | No further compensation | |
| 192 | (1) | Compensation payable from assurance fund |
| (2) | Payment from Consolidated Fund | |
| MISCELLANEOUS PROVISIONS | ||
| 192.1 | Subrogation | |
| 192.2 | Liability protection | |
| 193 | (1) | Penalties |
| (2) | Penalty — individuals | |
| (3) | Penalty — corporations | |
| (4) | Order for restitution | |
| (5) | Limitation | |
| (6) | Filing restitution order in the court | |
| 194 | Effect of statement | |
| 195 | Regulations | |
| 196 | Coming into force of subsection 45(5) and section 141 | |