C.C.S.M. c. R30
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| 1
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| Definitions
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| 2
| (1)
| Meaning of "issued under this Act"
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|
| (2)
| Reference to "certificate of title"
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| (3)
| Reference in other Acts
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| (4)
| Meaning of joint tenants
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| (5)
| Subject to new system
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| (6)
| When registration is completed and takes effect
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| (7)
| Extent of lien
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| (8)
| Equitable doctrines about notice abolished
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| OBJECTS OF THE ACT
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| 3
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| Objects of the Act
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| SERVICE PROVIDER
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| 3.1
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| LG in C may designate service provider
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| 3.2
| (1)
| Collection and retention of fees
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| (2)
| Retained amount
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| 3.3
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| Not Crown agent
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| 3.4
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| Service provider's duties
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| 3.5
| (1)
| Government records
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| (2)
| Public access
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| (3)
| Confidential records
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| (4)
| Service provider must provide records to minister
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|
| (5)
| Definition of "record"
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| 3.6
| (1)
| Collection, use and disclosure of information
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| (2)
| Protection of privacy
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| (3)
| Privacy policy
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| (4)
| Publication of policy
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| 3.7
| (1)
| Conflict of interest policy
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| (2)
| Content of policy
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| 3.8
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| Employment of district registrars not practice of law
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| 3.9
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| Employment of examiners not practice of land surveying
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| 3.10
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| Agreement respecting designation and revocation of officials
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| LAND TITLES DISTRICTS AND OFFICES
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| 4
| (1)
| Land titles district
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| (2)
| Land titles office
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|
| (3)
| Present districts and offices continued
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| 5
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| Repealed
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| 6
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| Old registrations continue
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| 7
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| Certain registrations invalid
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| 8
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| Effect after change of system
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| 9
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| Certified copies for new districts
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| 10
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| Effect of change of district
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| 11
| (1)
| Office and registration hours
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| (2)
| Repealed
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| (3)
| Closing on other days
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|
| (4)
| Effect of order
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| 11.1
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| Payment of prescribed fees
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| OFFICIALS
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| 12
| (1)
| Appointment of Registrar-General
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| (2)
| Oversight by Registrar-General
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| (3)
| Registrar-General's rules of practice
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| (4)
| Compliance with rules
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|
| (5)
| Delegation of duties
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| 12.1
| (1)
| Deputy Registrar-General
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| (2)
| Deputy to assist Registrar-General
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| 12.2
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| Qualifications
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| 12.3
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| Reference to Registrar-General
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| 13
| (1)
| Designation of district registrars
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|
| (2)
| Designation of deputy district registrars
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| (3)
| Revocation of designation
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| (4)
| Qualifications
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| (5)
| District registrars and deputies interchangeable
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| (6)
| Deputy to assist district registrar
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|
| (7)
| Delegation of duties
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| 13.1
| (1)
| Designation of Examiner of Surveys
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| (2)
| Designation of deputy examiners of surveys
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| (3)
| Revocation of designation
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| (4)
| Qualifications
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| (5)
| Powers and duties of deputy
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| (6)
| Deputy to assist Examiner of Surveys
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| (7)
| Delegation of duties
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| 13.2
| (1)
| Disclosure
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| (2)
| No adverse employment action
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| (3)
| Prohibited measures
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| (4)
| Complaint to Manitoba Labour Board
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| (5)
| Annual report
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| 14
| (1)
| Daily record of district registrar
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|
| (2)
| Serial number of rejected instrument
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| 15
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| Certain books
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| 16
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| Repealed
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| 17
| (1)
| Repealed
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|
| (2)
| Repealed
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| 18
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| Repealed
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| 19
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| Repealed
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| 20
| (1)
| Repealed
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|
| (2)
| Books in another office
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|
| (3)
| Production of certified copies
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| (4)
| Cost of certified copies
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| 21
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| Repealed
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| POWERS AND DUTIES OF DISTRICT REGISTRARS
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| 22
| (1)
| Powers
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| (2)
| Appointment of special examiner
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| (3)
| Microfilming of registered documents
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| (4)
| Certified copy as proof
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|
| (5)
| Destruction of instruments
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| (6)
| Proof of lost instruments
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| (7)
| Substitute title
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| (8)
| Entire register destroyed
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| (9)
| Date of substitute title
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| (10)
| Where evidence not available
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| (11)
| Effect of substitute certificate
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| (12)
| Substitute instruments
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| 23
| (1)
| Correcting
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|
| (2)
| Original words not to be erased
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| (3)
| Effect of correction
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| 24
| (1)
| District registrar may summon
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| (2)
| Refusal to obey the summons
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|
| (3)
| Jurisdiction of court
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| 25
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| Form and enforcement
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| 26
| (1)
| Dispensing with production of duplicate title
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| (2)
| Non-production to be accounted for
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| (3)
| Repealed
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| (4)
| Repealed
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| (5)
| Dispensation with production
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| APPLICATIONS UNDER THE ACT
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| CROWN GRANTS
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| 27
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| Land granted by Crown
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| 28
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| Issue of certificate of title
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| WHERE LAND UNDER OLD SYSTEM
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| 29
| (1)
| Application
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| (2)
| Reduction of fees
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| 30
| (1)
| Effect of filing application
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| (2)
| Filings in the application
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| (3)
| Vacating of prior claims
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| (4)
| Order to vacate claim
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| (5)
| District registrar may vacate claim or interest
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| (6)
| Method of giving notice
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| (7)
| Appl. of secs. 150 to 152
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| (8)
| Proceedings to establish right
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| (9)
| Restriction on further registration
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| 31
| (1)
| Land in one application
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|
| (2)
| Variations of restrictions
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| 32
| (1)
| Plan may be required
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| (2)
| Land subject to mortgage
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| 33
| (1)
| Undivided interests
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| (2)
| Restriction on subsec. (1)
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| 34
| (1)
| Application on behalf of infant or person of unsound mind
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| (2)
| Application by guardian
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| (3)
| Application by attorney
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| 35
| (1)
| Direction to issue certificate
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| (2)
| Effect of direction
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| (3)
| Application of Homesteads Act
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| 36
| (1)
| Withdrawal of application
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| (2)
| Expenses of caveator on withdrawal
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| 37
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| Rejection of application
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| 38
| (1)
| Appl. for additional land required
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| (2)
| Waiver of subsec. (1)
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| (3)
| Approval under Planning Act
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| (4)
| Meaning of "grantee" and "grantor"
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| 39
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| Entry in old system
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| 40
| (1)
| Effect where direction filed
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| (2)
| Direction not notice of right
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| (3)
| Consent of directee
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| (4)
| Rights of parties saved
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| 41
| (1)
| Service on adverse claimants
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| (2)
| Substitutional service
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| 42
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| Patents accepted as final
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| 43
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| Issue of certificate
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| 44
|
| Proclamation
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| TAX SALE APPLICATIONS
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| 45
| (1)
| Appl. by tax purchaser
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| (1.1)
| Substitutional service
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| (2)
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| (3)
| Application including several parcels
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| (4)
| Extending time for redemption
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| (5)
| Land subject to registered instruments
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| (6)
| Application of sections
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| 46
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| Cancellation of certificate
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| 47
| (1)
| Meaning of "mines and minerals"
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| (2)
| Exceptions from title issued
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| (3)
| Title extinguished
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| (4)
| Proof of vesting
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| TRANSMISSIONS
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| 48
| (1)
| Transmission on death
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| (2)
| When entitled
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| (3)
| Expropriated land
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| (4)
| Dispensing with production
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| 49
| (1)
| Assignment to creditors
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| (2)
| Trust position not to appear
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| (3)
| Custodian of Enemy Property
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| 50
| (1)
| Joint tenancies
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| (2)
| Action of district registrar
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| 51
| (1)
| Title by accretion
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| (2)
| Supporting material
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| (3)
| Form and consents
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| (4)
| Dispensing with consent
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| (5)
| Notice where failure to consent
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| (6)
| Service of notice
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| (7)
| Failure to file pending litigation order
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| (8)
| Certificate of title
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| ISSUING CERTIFICATES OF TITLE
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| 52
| (1)
| Form of title
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|
| (2)
| No duplicate title to be issued
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| (2.1)
| Existing duplicate titles may be destroyed
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| (3)
| When title deemed issued
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| (3.1)
| Effective date of title, certificate of title
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| (4)
| Successive transfers
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| (5)
| Effect of memorial
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| (6)
| Definitions
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| 53
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| Repealed
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| 54
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| Date of certificate of title
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| 55
| (1)
| Certificate to executor
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| (2)
| Effect
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| 56
| (1)
| Uncancelled title
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| (2)
| District registrar to attach order
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| (3)
| Books to be repaired
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| (4)
| Conversion to electronic titles
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| 57
| (1)
| Cancellation
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| (2)
| Lands removed
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| (3)
| Plan of survey
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| (4)
| Land acquired subject to change
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| EFFECT OF CERTIFICATES
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| 58
| (1)
| Restrictions on certificate
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| (1.1)
| Non-application
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| (2)
| Highways
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| (3)
| Limitation on subsection (2)
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| (4)
| Meaning of "fractional"
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| 59
| (1)
| Conclusive evidence — title paramount (indefeasible)
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| (1.1)
| Exception — title subject to section 58
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| (1.2)
| Exception — fraud or wrongful act by owner
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| (1.3)
| Exception — owner deprived due to fraud or wrongful act
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|
| (2)
| Two certificates for same land
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| (3)
| Court order — two certificates for same land
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| 60
| (1)
| Production of title
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| (2)
| Certificate of search
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| (3)
| Record of Title and Status of Title
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| 61
| (1)
| Void against title by possession
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| (2)
| Title by possession abolished
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| 62
| (1)
| No actions of ejectment
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| (2)
| Certificate of title absolute bar
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| REGISTRATION OF TITLES AND OTHER INSTRUMENTS
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| 63
| (1)
| Registration Details Application
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| (2)
| Repealed
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| (3)
| Deemed embodied in register
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| (4)
| District registrar to file instrument
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|
| (5)
| Approved form document prevails
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| 64
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| Priority of registration
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| 65
| (1)
| Effect of certificate of registration
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| (2)
| Issue of new certificates of title
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| 66
| (1)
| Instruments unfit for registration
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| (2)
| Illegible instrument
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| (3)
| Documents registered in series
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| (4)
| Registration essential
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| (5)
| Instruments in old form
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| (6)
| Mortgage in the old system
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| 66.1
| (1)
| Instrument affecting Crown oil and gas rights
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|
| (2)
| Correction by district registrar
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| 67
| (1)
| All land must be in same district
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|
| (2)
| Registration in more than one district
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| 68
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| Disclaimer of estate or interest in land
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| 69
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| Entries in General Register bind all land
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| 70
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| Entries in Deposit Register
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| 71
| (1)
| Registration in Deposit Register
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|
| (1.1)
| Attachment to instrument as evidence
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|
| (2)
| No compensation
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| Evidence Necessary for Registering Instruments
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| 72
| (1)
| Application
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|
| (2)
| Definitions
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| 72.1
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| Evidence required for each instrument
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| 72.2
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| Party cannot also witness execution
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| 72.3
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| Affidavit, etc., not to be sworn before party
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| 72.4
| (1)
| Proving execution of instruments
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|
| (2)
| Non-application
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| Transfers Executed Within Canada
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| 72.5
| (1)
| Transfers witnessed by barristers or solicitors
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|
| (2)
| Transfers witnessed by notaries
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|
| (3)
| Exception — particular circumstances
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| (4)
| Other witnesses
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| (5)
| Required witness information to prove execution
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| (6)
| Effect of witness's signature
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| Transfers Executed Outside Canada
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| 72.6
| (1)
| Witness to transfer executed outside Canada
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|
| (2)
| Applicable provisions — witness
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|
| (3)
| Execution by notary public under Evidence Act
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| Mortgages Executed Within Canada
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| 72.7
| (1)
| Mortgages witnessed by barristers or solicitors
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| (2)
| Mortgages witnessed by notaries or financial institutions
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|
| (3)
| Applicable provisions re execution of mortgage
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| Mortgages Executed Outside Canada
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| 72.8
| (1)
| Witness to mortgage executed outside Canada
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|
| (2)
| Applicable provisions — witness
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|
| (3)
| Execution by notary public under Evidence Act
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| Execution of Other Instruments
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| 72.9
| (1)
| Instruments witnessed
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| (2)
| Affidavit of execution
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| (3)
| Execution by barrister, solicitor or other officer
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| 73
| (1)
| Address for mailing
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|
| (2)
| Registered address
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| (3)
| Change of address
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| 74
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| Priority
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| 75
| (1)
| General register to be maintained until 1989
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|
| (2)
| No new registrations to be made in general register
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|
| (3)
| Registrations in general register to lapse
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|
| (4)
| Notice to claimants
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| (5)
| Renewal where no legal description
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| (6)
| Renewal where legal description
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|
| (7)
| Registration of new instruments
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|
| (7.1)
| Execution of discharge
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|
| (8)
| Entry on abstract of title
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|
| (9)
| Names must be identical
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|
| (10)
| Non-identical name
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|
| (10.1)
| Statement in support of registration under subsection (7)
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| (10.2)
| Liability for instrument under subsection (7)
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| (10.3)
| Joint liability
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|
| (11)
| Owners to be notified
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| (12)
| Lapsing of instrument
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|
| (13)
| Manner of service
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| (14)
| Crown bound
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| 76
| (1)
| Party wall, right of way and easement agreements
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|
| (2)
| Effect of declaration
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|
| (2.1)
| No consent for respecting statutory easements, etc.
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|
| (3)
| Effect of registration of declaration
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|
| (4)
| Party wall, right of way, and easement agreements
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|
| (5)
| Discharge of party wall agreement
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| 76.1
|
| Definition of "registered owner"
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| 76.2
| (1)
| Registration of development scheme
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|
| (2)
| No consent for statutory easements, etc.
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|
| (3)
| Requirements — declaration or agreement
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|
| (4)
| When restriction is negative in effect
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|
| (5)
| Land not required to be contiguous
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| 76.3
| (1)
| Effect of registration
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|
| (2)
| Effect of other obligations being included
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| 76.4
| (1)
| Changes ordered by Municipal Board
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|
| (2)
| Amending or discharging scheme
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|
| (3)
| No consent required — statutory easement, etc.
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| 76.5
| (1)
| Definitions
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|
| (2)
| Registering agreement
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|
| (3)
| Entry on title
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|
| (4)
| Registering amendment
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|
| (5)
| Discharging registration
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|
| (6)
| Transitional
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| 77
|
| Implied covenants in transfer
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| 77.1
| (1)
| Definition of "residential mortgage"
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|
| (2)
| Definition of "borrower"
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|
| (3)
| Liability under "personal covenant" or "covenant"
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| 77.2
| (1)
| Personal covenant in residential mortgage
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|
| (2)
| Application to mortgage payable without demand
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|
| (3)
| Liability under mortgage payable on demand
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|
| (4)
| Waiver of benefit
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| 77.3
| (1)
| Liability ceases on approval of new mortgagor
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|
| (2)
| Mortgagor may request approval
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|
| (3)
| Mortgagee may require information and fee
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|
| (4)
| Approval not to be unreasonably withheld
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|
| (5)
| Mortgagor may apply to court for approval
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| 77.4
|
| Service in accordance with mortgage or Queen's Bench Rules
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| 78
|
| Unregistered instrument
|
| 79
| (1)
| Severance of joint tenancy
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|
| (2)
| Service of notice
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|
| (3)
| Court order for further action
|
|
| (4)
| Extension of time
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|
| (5)
| Earlier effect of severance
|
| 80
| (1)
| Definitions
|
|
| (2)
| Protection for person accepting transfer
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|
| (3)
| Knowledge of trust
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| 81
| (1)
| No entry of trusts
|
|
| (2)
| Refusal of registration
|
|
| (3)
| District registrar need not inquire
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| 82
| (1)
| Implied covenants may be modified
|
|
| (2)
| Proceedings on implied covenant
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|
| (3)
| Effect of implied covenant
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|
| (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)
| Repealed
|
|
| (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
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| 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
|
| Certifying copies of plans
|
| 124
| (1)
| Plan for opening roads and drains
|
|
| (2)
| Plans forwarded Examiner of Surveys
|
|
| (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 certified by a Manitoba land surveyor
|
|
| (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
|
|
| (6.0.1)
| Registering notice of application
|
|
| (6.1)
| Informal resolution
|
|
| (7)
|
|
|
| (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
|
| 181
| (1)
| Repealed
|
|
| (2)
| Repealed
|
|
| (3) and (4)
| Repealed
|
|
| (5)
| Repealed
|
| COMPENSATION
|
| 182
|
| Repealed
|
| 182.1
|
| Repealed
|
| 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 Consolidated Fund
|
|
| (2)
| Repealed
|
| MISCELLANEOUS PROVISIONS
|
| 192.1
|
| Subrogation
|
| 192.2
| (1)
| Liability protection
|
|
| (2)
| Limits on liability of employer
|
|
| (3)
| "Employee of a land titles office" defined
|
| 193
| (1)
| Penalties
|
|
| (2)
| Penalty — individuals
|
|
| (3)
| Penalty — corporations
|
|
| (4)
| Order for restitution
|
|
| (5)
| Limitation
|
|
| (6)
| Filing restitution order in the court
|
| 193.1
|
| Forms approved by Registrar-General
|
| 194
|
| Effect of statement
|
| 195
|
| Regulations
|
| 196
|
| Repealed
|
