BILL NO. 95

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004

Government Bill

Land Registration Act
(amended)

The Honourable Barry Barnet
Minister of Service Nova Scotia and Municipal Relations

First Reading: September 24, 2004

(Explanatory Notes)

Second Reading: September 27, 2004

Third Reading: October 14, 2004 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the definition of "registration" in the Land Registration Act.

Clause 2 repeals subsection 6(1) of the Act respecting the application of the Act. Clause 3 removes the ability of the Registrar General to appoint registrars, deputy registrars and additional employees. Clause 4 provides that a parcel register shall contain the information prescribed in the regulations. Subclause 5(1) provides that the date and time of registration of an interest is deemed to be the date and time when the document describing the interest was received by the registrar. Subclause 5(2) provides that a registrar is entitled to rely on the information prescribed in the regulations when registering an interest under the Act. Clause 6 provides that(a) where a document is submitted for registration or recording, the legal description for the parcel shall be referred to in the manner prescribed in the regulations;(b) an instrument of subdivision cannot be used for the purpose of describing a parcel that is being registered or amending the legal description of a parcel that is registered; and(c) a person who owns a registered interest in a parcel may grant to himself or herself an easement in a parcel the person owns, for the benefit of another parcel that the person owns. Clause 7 repeals subsection 21(4) of the Act respecting a notice by a registrar. Clause 8 provides that all registered and recorded interests that appear in the parcel register of the parent parcel shall be placed in the parcel register for the infant parcel.
Clause 9 repeals subsection 31(4) of the Act respecting tax sales. Clause 10 provides that registered interests shall be rectified in the manner prescribed in regulations made by the Minister. Subclause 11(1) permits an owner to register a parcel within the period specified in the regulations and makes the mortgage void for non-compliance. Subclause 11(2) streamlines the process for certifying title. Subclause 11(3) provides that a lawyer may certify a title based on any relevant enactment. Subclause 11(4) repeals subsection 37(10) of the Act respecting an affidavit of verification. Clause 12 repeals Section 39 of the Act respecting conflicting claims. Clause 13 clarifies that unreleased residential mortgages of more than forty years are not an interest under the Act. Subclause 14(1) makes terminology consistent with the Municipal Government Act. Subclause 14(2) corrects an ambiguity and exempts tax deeds from title registration under the Land Registration Act. Clause 15 provides that a parcel may be registered under the Registry Act prior to registration under the Land Registration Act if the Registrar General and the Minister consider it appropriate. Clause 16 provides that an interest pursuant to the Matrimonial Property Act may be recorded under the Land Registration Act. Subclause 17(1) clarifies wording in subsection 48(1) of the Land Registration Act. Subclause 17(2) provides that the date and time of the recording of an interest is deemed to be the date and time when the document describing the interest was received by the registrar. Clause 18 clarifies the notice provisions in subsection 53(3) of the Act. Clause 19 repeals subsection 60(2A) of the Act respecting service by registered mail. Clause 20 provides that a person who owns a registered interest in a parcel may grant to himself or herself a restrictive covenant in a parcel the person owns, for the benefit of another parcel that the person owns. Subclause 21(1) repeals subsection 63(2A) of the Act respecting service by registered mail. Subclause 21(2) provides that the Section of the Act dealing with the cancellation of a recorded interest or judgment referenced in a parcel register does not apply to a security interest. Clause 22 repeals subsection 74(3) of the Act respecting adverse possession. Subclauses 23(1) and (2) provide that an official stamp of a notary or notary public is sufficient proof that the person is a notary or notary public. Subclause 23(3) provides that the Section of the Act dealing with proof of execution does not apply to an instrument or document that, pursuant to the regulations, does not require a certificate of execution. Clause 24 adds to the regulation-making authority of the Minister. Clause 25 repeals subsection 119(3) of the Land Registration Act which amends the Municipal Government Act. Subsection 119(3) has not been proclaimed in force. Clause 26 adds the word "legal" before the word "description" wherever that word appears in the Act. Clause 27 provides that the Act comes into force on proclamation, but upon proclamation Clause 15 has effect retroactively to September 24, 2004.

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 3(1)(w) of Chapter 6 of the Acts of 2001, the Land Registration Act, is amended by adding "registered" immediately after "terminate" in the second line. 2 Subsection 6(1) of Chapter 6 is repealed. 3 Subsection 9(1) of Chapter 6 is amended by striking out "by the Registrar General" in the third line. 4 Subsection 13(1) of Chapter 6 is repealed and the following subsection substituted: 5 (1) Section 18 of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by adding immediately after subsection (2) the following subsection: (2) Subsection 18(6) of Chapter 6 is amended by adding "or such other information as prescribed in the regulations" immediately after "effect" in the second line. 6 Section 19 of Chapter 6 is repealed and the following Sections substituted: 7 Subsection 21(4) of Chapter 6 is repealed. 8 Subsection 23(2) of Chapter 6 is repealed and the following subsection substituted: 9 Subsection 31(4) of Chapter 6 is repealed. 10 Section 33 of Chapter 6 is repealed and the following Section substituted: 11 (1) Subsection 37(3) of Chapter 6 is repealed and the following subsections substituted: (2) Subsection 37(4) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by(a) adding "and that the solicitor's opinion is based on the abstract of title required by clause (c)" immediately after "record" in the last line of clause (b);(b) striking out clause (d); and(c) striking out "property" in the first line of clause (g) and substituting "parcel". (3) Clause 37(9)(a) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by adding "or any other enactment" immediately after "Act" the second time it appears in the last line. (4) Subsection 37(10) of Chapter 6 is repealed. 12 Section 39 of Chapter 6 is repealed. 13 Subsection 40(1) of Chapter 6 is amended by adding "in a residential mortgage" immediately after "interest" in the second line. 14 (1) Clause 46(1)(a) of Chapter 6 is amended by striking out "valuable consideration" in the last line and substituting "a sale price or for value". (2) Subsection 46(3) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by(a) striking out "to the present owner" in the second line of clause (ab); and(b) adding immediately after clause (ac) the following clause: 15 Chapter 6 is further amended by adding immediately after Section 46 the following Section: 16 Section 47 of Chapter 6 is amended by adding immediately after subsection (4) the following subsection: 17 (1) Subsection 48(1) of Chapter 6 is amended by(a) adding "register or" immediately after "shall" in the first line;(b) adding "registration or" immediately after "for" in the first line of clause (a); and(c) adding "registration or" immediately after "for" in the second line of clause (b). (2) Section 48 is further amended by adding immediately after subsection (2) the following subsection: 18 Subsection 53(3) of Chapter 6 is amended by adding "floating part of the" immediately after "the" in the fourth line. 19 Subsection 60(2A) of Chapter 6 is repealed. 20 Section 61 of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by adding "(1)" immediately after the Section number and by adding the following subsection: 21 (1) Subsection 63(2A) of Chapter 6 is repealed. (2) Subsection 63(3) of Chapter 6 is amended by adding immediately after clause (a) the following clause: 22 Subsection 74(3) of Chapter 6 is repealed. 23 (1) Subsection 79(4) of Chapter 6 is amended by adding "or stamp" immediately after "seal" in the second line. (2) Subsection 79(5) of Chapter 6 is amended by adding "or stamp" immediately after "seal" in the last line. (3) Subsection 79(6) of Chapter 6 is amended by adding immediately after clause (i) the following clause: 24 Clause 94(1)(c) of Chapter 6 is repealed and the following clauses substituted: 25 Subsection 119(3) of Chapter 6 is repealed. 26 Chapter 6 is further amended by adding "legal" immediately before "description" wherever that word appears in Chapter 6. 27 (1) Subject to subsection (2), this Act comes into force on such day as the Governor in Council orders and declares by proclamation. (2) Section 15 has effect on and after September 24, 2004, upon the Governor in Council so ordering and declaring by proclamation.

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