BILL NO. 156

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008



Government Bill



Land Registration Act
(amended)



The Honourable Jamie Muir
Minister of Service Nova Scotia and Municipal Relations



First Reading: May 5, 2008

(Explanatory Note)

Second Reading: May 23, 2008

Third Reading: May 27, 2008 (LINK TO BILL AS PASSED)

[home] [bills] 2007-08 Bills

Explanatory Note

This Bill makes numerous changes to the Land Registration Act that are necessary as a result of over three years of experience of having the Act in force on a Province-wide basis. In general, the amendments are designed to remove some areas of ambiguity, enhance the integrity of the land registration system and make the Act more effective and efficient. In particular, the amendments to the Land Registration Act contained in this Bill

(a) clarify that the parcel register is meant to reflect the state of title on the initial registration so that a person can rely on the registration without having to look at the historic record at the registry of deeds;

(b) clarify the situations in which compensation will be paid for errors or omissions in a parcel register;

(c) increase the powers of the Registrar General to

(d) increase the ability of any aggrieved person to pursue a remedy under the Act;

(e) add a new level of appeal to the Registrar General from a decision of a registrar rather than requiring a person to appeal to the Supreme Court from a decision of a registrar;

(f) enhance the integrity of the system by creating restricted access to the system to accommodate privacy concerns and to prevent fraud;

(g) clarify the responsibility of certifying lawyers when registering and recording interests in the land registry;

(h) make minor changes in wording to more accurately express the existing interpretations and practices under the Act; and

(i) make a number of housekeeping amendments to remove some areas of ambiguity by clarifying certain definitions contained in the Act and by amending and moving several Sections in the Act to improve the readability and understanding of the Act.

[home] [bills] 2007-08 Bills

An Act to Amend Chapter 6
of the Acts of 2001,
the Land Registration Act

Be it enacted by the Governor and Assembly as follows:

1 Clause 2(d) of Chapter 6 of the Acts of 2001, the Land Registration Act, is amended by striking out "from a failure of the land registration system established by" in the second and third lines and substituting "in accordance with".

2 Subsection 3(1) of Chapter 6, as amended by Chapter 19 of the Acts of 2002 and Chapter 38 of the Acts of 2004, is further amended by

(a) adding immediately after clause (a) the following clause:

(b) striking out clause (d) and substituting the following clause:

(c) striking out clause (m) and substituting the following clause:

(d) adding immediately after clause (n) the following clause:

(e) adding immediately after clause (p) the following clause:

(f) striking out "solicitor" in the first line of clause (q) and substituting "lawyer";

(g) striking out "Barristers and Solicitors" in the fifth and sixth lines of clause (q) and substituting "Legal Profession";

(h) adding "or "parcel register"" immediately before "means" in the first line of clause (t); and

(i) striking out "on the records of the registrar" in the second line of clause (u) and substituting "in a register".

3 Section 5 of Chapter 6 is repealed.

4 Subsections 10(2) to (4) of Chapter 6 are repealed and the following subsection substituted:

5 Section 11 of Chapter 6 is repealed and the following Section substituted:

6 (1) Section 13 of Chapter 6 is amended by adding immediately after subsection (1) the following subsection:

(2) Subsection 13(5) of Chapter 6 is repealed and the following subsection substituted:

7 Subsection 14(2) of Chapter 6 is repealed and the following subsections substituted:

8 Section 15 of Chapter 6 is repealed.

9 Section 18 of Chapter 6 is repealed and the following Section substituted:

10 Section 19 of Chapter 6 is repealed and the following Section substituted:

11 Sections 19A and 20 of Chapter 6 are repealed and the following Section substituted:

12 Section 23 of Chapter 6 is repealed and the following Section substituted:

13 Section 26 of Chapter 6 is amended by adding ", if any," immediately after "court" in the fourth line.

14 Subsections 28(1) and (2) of Chapter 6 are repealed and the following subsection substituted:

15 Sections 33 to 35 of Chapter 6 are repealed and the following Sections substituted:

16 (1) Subsection 37(2) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by striking out "Section 46" in the first line and substituting "Sections 46 and 46A".

(2) Subsection 37(3) of Chapter 6, as enacted by Chapter 38 of the Acts of 2004, is amended by striking out "A" in the first line and substituting "Subject to Section 46A, a".

(3) Subsection 37(4) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, Chapter 38 of the Acts of 2004 and Chapter 15 of the Acts of 2006, is further amended by

(a) striking out clause (b) and substituting the following clause:

and

(b) striking out clause (g) and substituting the following clause:

(4) Subsections 37(5) to (8) of Chapter 6 are repealed and the following subsections substituted:

(5) Subsection 37(9) of Chapter 6 is repealed and the following subsection substituted:

(6) Section 37 of Chapter 6, as amended by Chapter 19 of the Acts of 2002, Chapter 38 of the Acts of 2004 and Chapter 15 of the Acts of 2006, is further amended by adding immediately after subsection (11) the following subsection:

(7) Subsection 37(13) of Chapter 6 is repealed and the following subsection substituted:

17 Chapter 6 is further amended by adding immediately after Section 37 the following Section:

18 Section 40 of Chapter 6 is repealed and the following Section substituted:

19 Section 44 of Chapter 6 is repealed and the following Section substituted:

20 Subsection 52(2B) of Chapter 6, as enacted by Chapter 7 of the Acts of 2003, is amended by

(a) striking out "or" at the end of clause (a);

(b) striking out the period at the end of clause (b) and substituting "; or"; and

(c) adding the following clause:

21 Subsections 61(2) and (3) of Chapter 6 are repealed and the following subsections substituted:

22 Chapter 6 is further amended by adding immediately after Section 61 the following Section:

23 (1) Subsection 63(2) of Chapter 6 is repealed and the following subsection substituted:

(2) Clause 63(3)(c) of Chapter 6 is repealed.

(3) Subsection 63(4) of Chapter 6 is amended by

(a) adding "General" immediately after "Registrar" in the first line; and

(b) striking out clause (a) and substituting the following clause:

24 Subsection 65(5) of Chapter 6 is repealed and the following subsection substituted:

25 Clause 66(4)(e) of Chapter 6 is repealed and the following clause substituted:

26 Chapter 6 is further amended by adding immediately after Section 66 the following Section:

27 Subsection 68(1) of Chapter 6 is amended by striking out "the" the first time it appears in the third line and substituting "a".

28 Subsection 85(1) of Chapter 6 is repealed and the following subsection substituted:

29 Section 86 of Chapter 6 is repealed and the following Section substituted:

30 (1) Subsection 87(1) of Chapter 6 is amended by adding "in writing" immediately after "claim" in the second line.

(2) Section 87 of Chapter 6 is further amended by adding immediately after subsection (1) the following subsection:

31 Subsection 88(2) of Chapter 6 is amended by adding immediately after clause (b) the following clause:

32 Section 90 of Chapter 6 is repealed and the following Section substituted:

33 Subsection 92(1) of Chapter 6 is amended by striking out "In any proceeding with respect to an interest" in the first and second lines and substituting "Subject to this Act, in any proceeding with respect to a parcel registered pursuant to this Act".

34 Chapter 6 is further amended by adding immediately after Section 92 the following Section:

35 Subsection 94(1) of Chapter 6, as amended by Chapter 38 of the Acts of 2004, is further amended by

(a) striking out clause (cd) and substituting the following clause:

and

(b) adding immediately after clause (d) the following clause:

36 Chapter 6 is further amended by striking out "solicitor", "solicitor's" or "solicitors" wherever they appear in Chapter 6, except in the provisions of Chapter 6 amended by this Act, and substituting in each case "lawyer", "lawyer's" or "lawyers", respectively.

37 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

[home] [bills] 2007-08 Bills


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2008 Crown in right of Nova Scotia. Created June 6, 2008. Send comments to legc.office@gov.ns.ca.