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The Real Property Act and Various Other Acts Amendment Act

R.S.M. 1987 Supp., c. 28

The Real Property Act and Various Other Acts Amendment Act

NOTE: In spite of the title of this Act, references to The Real Property Act have been otherwise deleted because that Act is not part of the Re-enacted Statutes of Manitoba, 1987.

THE GASOLINE TAX ACT

Subsec. 16(11) of Gasoline Tax Act rep. and sub.

1

Subsection 16(11) of The Gasoline Tax Act, being chapter G40 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

16(11)

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.

THE DEPARTMENT OF HEALTH ACT

Cl. 7(1)(b) of Department of Health Act rep. and sub.

2

Clause 7(1)(b) of The Department of Health Act, being chapter H20 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following clause is substituted therefor: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.

THE HEALTH AND POST-SECONDARY EDUCATION LEVY ACT

Subsec. 12(2) of Health and Post-Secondary Tax Levy Act rep. and sub.

3

Subsection 12(2) of The Health and Post Secondary Tax Levy Act, being chapter H24 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

12(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.

THE INSURANCE CORPORATIONS TAX ACT

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

4

Subsection 14(2) of The Insurance Corporation Tax Act being chapter I50 of the Re-enacted Statutes of Manitoba, 1987, 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.

THE JUDGMENTS ACT

Sec. 2 of Judgments Act rep. and sub.

5

Section 2 of The Judgments Act, being chapter J10 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Registered judgment a lien on land.

2

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.

6

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.

7

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.

THE MINERAL EXPLORATION ASSISTANCE ACT

Subsec. 5(2) of Mineral Taxation Act rep. and sub.

8

Subsection 5(2) of The Mineral Exploration Assistance Act being chapter M140 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

5(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.

THE MINES ACT

Subsec. 53(10) of Mines Act rep. and sub.

9

Subsection 53(10) of The Mines Act, being chapter M160 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certificate of debt and registration.

53(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.

THE PARI-MUTUEL TAX ACT

Subsec. 14(10) of Pari-Mutuel Tax Act rep. and sub.

10

Subsection 14(10) of The Pari-Mutuel Tax Act, being chapter P12 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certification of debts and registration.

14(10)

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.

THE REVENUE ACT

Subsec. 12(10) of Revenue Act rep. and sub.

11

Subsection 12(10) of The Revenue Act, being chapter R150 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

12(10)

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.

THE RETAIL SALES TAX ACT

Subsec. 13(14) of Retail Sales Tax Act rep. and sub.

12

Subsection 13(14) of The Retail Sales Tax Act, being chapter R130 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certificate of debts and registration.

13(14)

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.

THE SOCIAL ALLOWANCES ACT

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

13

Subsections 21(1) and (2) of The Social Allowances Act, being chapter S160 of the Re-enacted Statutes of Manitoba, 1987, 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.