Registry Act

Short title

1 This Act may be cited as the Registry Act. R.S., c. 392, s. 1.

Application of Act

1A (1) In this Section, "security" and "instrument" have the same meaning as in clause 5(f) of the Personal Property Security Act.

(2) This Act applies to

(a) the creation or transfer of an interest in land, including a lease; and

(b) the creation or transfer of a right to payment that arises in connection with an interest in or a lease of land other than a right to payment evidenced by a security or instrument. 1995-96, c. 13, s. 84.

Interpretation

2 In this Act,

(a) "copied" includes reproduced by a photographic process;

(b) "district" means a registration district as defined in this Act;

(c) "grantee" includes assignee, devisee, or other person obtaining or acquiring or seeking to obtain or acquire an interest in or lien, claim, charge, or encumbrance upon real estate;

(d) "grantor" includes assignor, testator or other person disposing of an interest in real estate or upon whose real estate a lien, claim, charge or other encumbrance is, or is sought or intended to be, made, created, acquired or obtained;

(e) "instrument" means every conveyance or other document by which the title to land is changed or in any wise affected, and also an attachment order, a certificate of judgment, a lease for a term exceeding three years, and a vesting order, but does not include a will, or a report of commissioners appointed to make partition;

(f) "judgment" includes any final decree of the Court of Appeal, the Supreme Court, a probate court, the Supreme Court of Canada or the Federal Court of Canada requiring the payment of money by any person;

(g) "registrar" means a registrar of deeds;

(h) "registry" means the office of a registrar. R.S., c. 392, s. 2; 1992, c. 16, s. 105; 2001, c. 6, s. 123.

Registration districts

3 (1) Each one of the counties in the Province except the Counties of Cumberland, Lunenburg, Guysborough and Shelburne shall constitute a registration district.

(2) Each one of the two districts of Cumberland and Parrsboro in the County of Cumberland, each one of the two districts of Lunenburg and Chester in the County of Lunenburg, each one of the two districts of Guysborough and St. Mary's in the County of Guysborough and each of the two districts of Shelburne and Barrington in the County of Shelburne shall constitute a registration district.

(3) The Governor in Council may at any time, by proclamation in the Royal Gazette,

(a) combine into one registration district the two districts of Cumberland and Parrsboro;

(b) combine into one registration district the two districts of Lunenburg and Chester;

(c) combine into one registration district the two districts of Guysborough and St. Mary's;

(d) combine into one registration district the two districts of Shelburne and Barrington,

and may in such proclamation fix the location of the registry of the combined district.

NOTE - The Governor in Council by proclamation published in the Royal Gazette on June 25, 1947, combined into one registration district, to be known as the Registration District of the County of Cumberland, the two districts of Cumberland and Parrsboro and fixed the location of the registry of the combined district at the Town of Amherst.

The Governor in Council by proclamation published in the Royal Gazette on January 1, 1996,

(i) combined into one registration district, the Registration District of Shelburne, and the Registration District of Barrington, to be known as the Registration District of the County of Shelburne, and the location of the registry for the combined registration district be fixed at the Town of Shelburne, Shelburne County,

(ii) combined into one registration district, the Registration District of Guysborough, and the Registration District of St. Mary's, to be known as the Registration District of the County of Guysborough, and the location of the registry for the combined registration district be fixed at the community of Guysborough, Guysborough County,

(iii) combined into one registration district, the Registration District of Lunenburg, and the Registration District of Chester, to be known as the Registration District of the County of Lunenburg, and the location of the registry for the combined registration district be fixed at the Town of Bridgewater, Lunenburg County.

(4) Upon any such two districts being so combined, the Governor in Council may from time to time give such directions and instructions as may be deemed necessary for the removal of records and other things to the registry of the combined district and for the organization or reorganization of such registry and the consolidation of records therein, and for any other matters incidental to the combining of such districts.

(5) Every registration district created under subsection (3) shall be deemed to be a registration district defined in this Act. R.S., c. 392, s. 3.

Registrar of deeds

4 (1) A registrar of deeds shall be appointed for each district of the Province in accordance with the Civil Service Act.

(2) Every registrar of deeds whether appointed before or after the second day of March, 1928, shall hold office during good behaviour, provided however that the Governor in Council may revoke the appointment of a registrar of deeds who attains or has attained the age of seventy years.

(3) Notwithstanding the provisions of subsection (2), the Public Service Superannuation Act applies to a registrar of deeds who is in receipt of a yearly salary pursuant to the Public Offices and Officers Act.

(4) Subsection (2) does not apply to a registrar appointed after the coming into force of this subsection.

(5) Subject to subsection (2), a full-time registrar appointed before the coming into force of this subsection is and is deemed to be an employee within the meaning of the Civil Service Act. R.S., c. 392, s. 4; 1992, c. 16, s. 106; 2012, c. 4, Sch. B, s. 91.

Surety bond

5 Every person so appointed shall before entering upon the duties of his office enter into a bond to His Majesty in right of the Province in such amount and with such sureties and in such form as the Governor in Council directs and approves, conditioned for the faithful performance of the duties of his office and the indemnifying of any person who is injured by his default or misconduct, and every such bond shall be filed with the Attorney General. R.S., c. 392, s. 5.

Deputy registrar

6 (1) A deputy registrar shall be appointed for each district in accordance with the Civil Service Act, who may perform any of the duties of the registrar, and for whose acts the registrar and his sureties shall be responsible.

(2) Upon a vacancy occurring in the office of registrar for any district, such deputy registrar shall discharge the duties of registrar for such district, and shall have all the rights and powers of a registrar until the appointment of a person to be registrar for such district, and all acts done by such deputy, during such period shall be as valid and effectual as if done by a registrar.

(3) An additional deputy registrar may be appointed for each district in accordance with the Civil Service Act who may perform any of the duties of the registrar and for whose acts the registrar and his sureties shall be responsible.

(4) A full-time deputy registrar or a full-time additional deputy registrar appointed before the coming into force of this subsection is and is deemed to be an employee within the meaning of the Civil Service Act. R.S., c. 392, s. 6; 1992, c. 16, s. 107.

Registry offices

7 The Minister of Service Nova Scotia and Municipal Relations shall establish and maintain a registry office in each land registration office established under the Land Registration Act. 2011, c. 20, s. 4.

Office hours, searches and copies

8 (1) The days and hours during which any registry office shall be open for the transaction of business shall be such as are from time to time prescribed under the Public Offices and Officers Act.

(2) During the hours that a registry office is open for business, upon payment of the prescribed fee, any person may search the indexes and records maintained at the office and may obtain copies or certified copies of any document recorded or filed in that office. R.S., c. 392, s. 8; 2001, c. 6, s. 123.

Number of books of registry

9 Every registrar shall keep in use at the same time as many books of registry as he finds necessary to enable him to register without delay the instruments and other documents lodged with him for registration, and it shall not be necessary for him to register such instruments and documents in one book in the order in which they are lodged. R.S., c. 392, s. 9.

Furnishing of books for registry of Crown grants

10 Books for the registry of grants from the Crown shall be furnished to the registrars throughout the Province by the Governor in Council. R.S., c. 392, s. 10.

Indexes

11 (1) Every registrar shall keep a double index to the books of registry to be called the consolidated index and such index shall show the nature of the instrument and

(a) in the case of judgments, orders of court, attachment orders, and appraisements, the name and residence of every plaintiff, defendant, judgment creditor and judgment debtor, if and as the same appears in such judgment, order, attachment or appraisement;

(b) in the case of other instruments, the name and residence of

(i) every grantor, and

(ii) every grantee; and

(c) in every case the location of the lands affected, if the same appear in the instrument, the year in which the instrument is registered, the number, or letter, and page of the book in which it is registered.

(2) In making up such indexes on the left-hand page of such book, and under its proper initial letter shall be alphabetically arranged the name of every grantor, defendant or judgment debtor, in the column headed "grantor", together with the other particulars required by subsection (1) to be shown, and on the right-hand side thereof under its proper initial letter the name of every grantee, plaintiff or judgment creditor, in the column headed "grantee", together with the other particulars required by subsection (1) to be shown and the names under each initial shall be arranged in strict alphabetical order having regard to all the letters of the surname and Christian names and the names of corporations shall be in strict alphabetical order, except where the first word of the name is "The" it shall be indexed under the second word of such name.

(3) repealed 2001, c. 6, s. 123.

(4) In case of deeds by executors, administrators, trustees, sheriffs and other officers, and tax deeds, the index shall show as a grantor the name of the person whose property is thereby conveyed or intended to be conveyed, as well as the name of such executor, administrator, trustee, sheriff or other officer.

(5) As soon as an instrument is lodged for registry, it shall be entered in an index to be called the Current Index Book, and such book shall show all the particulars set out in subsection (1) and shall in all respects conform to the requirements of subsection (2), except that instead of the names being arranged in strict alphabetical order, it shall be sufficient to so arrange them that all having the first letter of the surname identical shall be grouped together.

(6) The current indexes shall be consolidated in the manner required by subsections (1) and (2) at the end of every ten year period or at the end of such other period greater or less than ten years as the Governor in Council may in the case of any registry from time to time prescribe.

(7) The indexes shall be typewritten, with indelible ink ribbon on loose leaves, the same to be bound and locked in sectional post binders, and shall be in the form contained in the Schedule to this Act.

(8) It shall be the duty of every registrar to prepare and maintain consolidated indexes of all instruments recorded in his office and in the making up of such consolidated indexes he shall give the particulars and otherwise conform to the requirements of this Act and any other Act of the Legislature.

(9) and (10) repealed 1994-95, c. 7, s. 100.

(11) The Governor in Council may make regulations

(a) prescribing the size, quality and type of books and stationery to be used in the recording of instruments and other matters of record and in the preparation of index and other books;

(b) prescribing card index and other index systems and equipment to be used with or in substitution for any books or equipment prescribed by this Act;

(c) prescribing the type of filing and storage equipment for instruments, books and other matters of record;

(d) prescribing the size and manner of filing of plans;

(e) generally, for the proper uniform and expeditious carrying out of the requirements of this Act.

(12) The Governor in Council may appoint such person or persons as may be necessary to oversee the preparation of such indexes, and may prescribe the duties and fix the remuneration of any person so appointed, and the remuneration may be paid out of the Consolidated Fund of the Province. R.S., c. 392, s. 11; 1994-95, c. 7, s. 100; 2001, c. 6, s. 123.

Safe-keeping of books of registry and indexes

12 (1) The books of registry and indexes shall at all times, except when in actual use or required in any court of justice, be kept in the vault or safe provided for the registry office.

(2) Every registrar who contravenes or fails to comply with the requirements of this Section, shall for each offence be liable to a penalty of eighty dollars, and upon conviction for a second such offence shall forfeit his office. R.S., c. 392, s. 12.

Costs and Fees Act

13 Every registrar shall, for his services, be allowed the fees and allowances specified in that behalf in the Costs and Fees Act. R.S., c. 392, s. 13.

Annual return

14 (1) Every registrar shall on or before the thirtieth day of April in each year make a return to the Attorney General showing the gross amount of all fees and allowances of every kind collected or uncollected that became due to him in virtue of his office as registrar during the year ended on the thirty-first day of March next preceding.

(2) Such return shall be verified by affidavit by the registrar.

(3) Every registrar who fails to make such return shall be liable to a penalty of four dollars for every day for which such return is delayed. R.S., c. 392, s. 14.

15 repealed 1994-95, c. 7, s. 100.

16 repealed 2001, c. 6, s. 123.

Registration of will

17 Every registrar shall, without requiring any proof thereof, register the copy of any will deposited with him by any registrar of probate, and enter the name of the testator in his index, but the failure to comply with the requirement of this Section shall not defeat any title. R.S., c. 392, s. 17.

Effect of failure to register instrument

18 Every instrument shall, as against any person claiming for valuable consideration and without notice under any subsequent instrument affecting the title to the same land, be ineffective unless the instrument is registered in the manner provided by this Act before the registering of such subsequent instrument. R.S., c. 392, s. 18.

No notice within meaning of Section 18

18A For greater certainty and subject to Section 50 of the Personal Property Security Act, no person contracting or dealing with or taking or proposing to take a transfer of or an interest in land is affected by a registration in the Personal Property Registry, whether or not that person has notice or knowledge of the registration, and such notice or knowledge is not notice within the meaning of Section 18. 1995-96, c. 13, s. 84.

Registration of change of name if interest in property

19 (1) Where a person's name is changed and at the time of the name change he has an interest in property evidenced by an instrument filed or registered pursuant to this Act, he may record the change of name by

(a) reciting the change of name in a subsequent conveyance of that property interest; or

(b) filing or registering in the registration district where the lands are situate, a certificate of a change of name issued under the Change of Name Act or a statutory declaration of the name change.

(2) A registrar who receives a conveyance, certificate or statutory declaration conforming to subsection (1) shall record and index it as a conveyance from the former name of the person concerned to the new name. R.S., c. 392, s. 19.

20 to 22 repealed 2001, c. 6, s. 123.

Effect of registration of attachment order

23 (1) Land levied upon under an attachment order shall be bound thereby from the time when a true copy of the order and of the description and appraisement of the land levied upon, certified by the sheriff or the deputy sheriff, under the hand of either, is lodged for registration in the registry of the district in which such land is situated, and such copy shall be registered without further proof.

(2) When such copy has been so registered, the land shall continue to be bound thereby until thirty days after final judgment has been signed in the action, and such judgment, if registered before the expiration of such thirty days shall bind such land from the date of the registering of such copy as effectually as though such judgment had been registered at such date. R.S., c. 392, s. 23.

Registration of power of attorney required

24 The registry of any instrument executed under a power of attorney shall not be valid or effectual unless such power of attorney, or a deed subsequently confirming the authority given thereby, is registered in the manner provided by this Act in the registry in which such instrument is lodged for registration. R.S., c. 392, s. 24.

Lease for more than three years

25 Every lease of land for any term exceeding three years shall, as against any person claiming under any subsequent instrument, be ineffective unless registered in the manner provided in this Act previous to the registering of such subsequent instrument. R.S., c. 392, s. 25.

No tacking

26 No registered instrument shall, by reason only that it is held by a person who held another previously registered instrument affecting the title to the same land, have any priority against any other registered instrument affecting such title held by any other person. R.S., c. 392, s. 26.

Registered instrument priority over equitable interest

27 No equitable lien, charge or interest affecting land shall be valid as against a registered instrument executed by the same person, his heirs or assigns. R.S., c. 392, s. 27.

District for registration of instrument or certificate of judgment

28 (1) Every instrument, other than a certificate of judgment, shall be registered in the registry of the district in which the lands mentioned in such instrument, or in the description accompanying an attachment order, are situated.

(2) Certificates of judgment may be registered in any district in which any land of the person against whom the same is recorded is situated. R.S., c. 392, s. 28.

Entry of instrument and accompanying plan

29 Every instrument shall be copied into one of the books of registry so as to be as nearly as possible a transcript of the original, and a copy of any plan or schedule to such instrument annexed shall be entered in such book together with the registry of the instrument. R.S., c. 392, s. 29.

Proof of execution prerequisite to registration

30 (1) Before any instrument is registered the execution thereof shall be proved in the manner in this Act specified.

(2) Any instrument may be registered where the signature of one or more of the parties thereto is proved. R.S., c. 392, s. 30.

Manner of proof of execution

31 The execution of any instrument, except where otherwise provided, may be proved

(a) by the acknowledgement under oath by the parties executing any such instrument of the execution thereof; or

(b) by the oath of a subscribing witness to any such instrument that the parties thereto executed the same in his presence. R.S., c. 392, s. 31.

Who may administer oath within Province

32 (1) Such acknowledgement may be taken or oath administered within the Province by

(a) any registrar;

(b) a judge of the Supreme Court;

(c) a notary public;

(d) a barrister of the Supreme Court;

(e) a justice of the peace;

(f) a commissioner of the Supreme Court;

(g) a person authorized to administer an oath or take and receive an affidavit, affirmation or declaration within the Province for use within the Province.

(2) The person taking such acknowledgement or administering such oath shall sign a certificate indorsed upon or attached to the instrument of such acknowledgement having been made or oath administered, and such certificate shall be registered together with the instrument. R.S., c. 392, s. 32; 1992, c. 16, s. 108.

Who may administer oath outside Province

33 (1) Such acknowledgement may be taken or oath administered without the Province by any person or functionary named in Section 67 of the Evidence Act or by any person or functionary authorized by any law of the Province to administer an oath or take and receive an affidavit, affirmation or declaration without the Province for use within the Province.

(2) Where pursuant to subsection (1) a person takes an acknowledgement or administers an oath he shall indorse upon or attach to the instrument a certificate signed by him that he has taken the acknowledgement or administered the oath.

(3) The certificate shall be registered with the instrument without proof of the signature or of the official character or appointment of the person who signed or purported to sign the certificate. R.S., c. 392, s. 33.

Substitute for acknowledgement under oath

34 In any case, either within or without the Province, the execution of an instrument by the parties thereto in the presence of any of the functionaries authorized to take the acknowledgement of such parties of the execution by them of such instrument, may be substituted for such acknowledgement under oath, and in such case the certificate shall be varied accordingly. R.S., c. 392, s. 34.

Registration if no witness and no acknowledgement

35 In any case in which

(a) an instrument not by law requiring an attesting or subscribing witness has been executed without such witness; or

(b) the witness to any instrument is dead, or of unsound mind, or his whereabouts cannot be ascertained,

and the acknowledgement under oath of the party executing such instrument cannot be obtained, any person who claims to be interested in having such instrument registered may apply to a judge of the Trial Division of the Supreme Court, and such judge upon being satisfied that such instrument was duly executed may by order indorsed upon such instrument or attached thereto, direct that such instrument shall be registered in a district named in such order, and the registrar of such district shall thereupon register such instrument and order together. R.S., c. 392, s. 35; 1992, c. 16, s. 109.

Declarations under certain Imperial Acts

36 Declarations made in conformity with, and which have legal effect and operation in the place where the same are made under and by virtue of an Act of the Imperial Parliament, passed in the fifth and sixth years of the reign of his late Majesty King William the Fourth, Chapter sixty-two, relating to the abolition of oaths in certain cases, and of any Act in amendment thereof, shall have the same operation and effect in this Province as if made under oath before the same officers before whom the declaration was made, and as if such officers had been authorized to administer such oath. R.S., c. 392, s. 36.

Registration in additional district

37 Any grant from the Crown or any instrument or any copy thereof, having upon the original or copy a certificate signed by the registrar for any district to the effect that the original is registered in the registry for such district, may without proof of such signature or the official character of the registrar be registered in any other district. R.S., c. 392, s. 37.

38 repealed 2001, c. 6, s. 123.

Registration of order of court

39 Orders shall be registered upon production of a copy thereof certified under the hand and seal of the prothonotary of the Supreme Court at the place where the same was granted, without further proof. R.S., c. 392, s. 39; 1992, c. 16, s. 110.

Registration of order of Governor in Council or letters patent

40 (1) An order of the Governor General in Council signed or purporting to be signed by the Clerk, the Assistant Clerk, the Deputy Clerk or the Acting Clerk of the Privy Council or a copy thereof certified or purporting to be certified to be a true copy by the Clerk, the Assistant Clerk, the Deputy Clerk or the Acting Clerk of the Privy Council may be registered in the registry of the district in which any land to which it relates is situate without further proof.

(2) An order of the Governor in Council signed or purporting to be signed by the Clerk, the Deputy Clerk or the Acting Clerk of the Executive Council or a copy thereof certified or purporting to be certified to be a true copy by the Clerk, the Deputy Clerk or the Acting Clerk of the Executive Council may be registered in the registry of the district in which any land to which it relates is situate without further proof.

(3) Letters patent issued or purporting to be issued under the Great Seal of Canada may be registered in the registry of the district in which the land to which said letters patent relates is situate without further proof. R.S., c. 392, s. 40.

Time and order and certification of registration

41 When an instrument or other document capable of registration, accompanied by the proof of execution or other mode of verification by this Act required, has been lodged for registration in any registry, the time when the same was so lodged shall be accounted the date of registration thereof, and such instruments or documents shall be registered in the order in which they were so lodged, and the registrar shall certify under his hand on every such instrument or document the time when the same was so registered, together with the letter or number of the book and the pages thereof in which the instrument or document is copied. R.S., c. 392, s. 41.

Order to produce for registration or to attend to prove

42 (1) If

(a) any witness to any instrument refuses to attend for the purpose of proving the execution of the same before some functionary, before whom such proof may be given; or

(b) any person having possession of any instrument requiring to be registered refuses to produce the same in order that it may be registered,

any person claiming to be interested in having such instrument registered, may apply by petition to the Trial Division of the Supreme Court, or a judge thereof, for an order directing the attendance of such witness or the production of such instrument, and the Court or judge may hear and determine such application in a summary manner, and make an order for the attendance of such witness or the production of such instrument, or may dismiss the application, and in any case with costs against any person in its or his discretion.

(2) Disobedience of any order so made may, after tender of such fees as are paid to a witness attending a trial, be punished as a contempt of court.

(3) No person shall on any such application be compelled to produce any document that he would not be compelled to produce on a trial. R.S., c. 392, s. 42.

Validity of registration before April 28, 1893

43 The registration of any instrument or document registered before the twenty-eighth day of April, 1893, shall if otherwise regular, be valid and effectual notwithstanding the acknowledgement or attestation by which the execution of the same was proved was taken by or made before a notary public. R.S., c. 392, s. 43.

Content and manner of registration of release of mortgage

44 (1) A release of any mortgage need not contain a description of the land intended to be released, and such land may be identified by reference to the registry of the mortgage.

(2) The release shall be registered in the manner provided in the case of other conveyances, and a marginal note referring to the registry of the release shall be made by the registrar against the registry of the mortgage. R.S., c. 392, s. 44.

Discharge of registered judgment or attachment order

45 Registered judgments and attachment orders may be discharged by an entry made by the registrar on the margin of the registry thereof upon the filing with him of

(a) a release of such judgment or attachment, the execution of which by the person by whom the judgment was recovered or on whose behalf the attachment was made, or by the legal representative of such person, is proved in the manner provided in respect to other instruments; or

(b) a certificate under the seal of the court in which the judgment was obtained, or out of which the attachment issued and the hand of the prothonotary, registrar or clerk of such court, certifying

(i) that the judgment has been satisfied, set aside or otherwise discharged, or

(ii) that the action in which the attachment was issued has been discontinued or otherwise terminated in favour of the defendant. R.S., c. 392, s. 45.

Discharge of workers' compensation assessment

46 (1) Registered assessments made by the Workers' Compensation Board of Nova Scotia with respect to which no judgment has been entered, may be discharged by an entry made by the registrar on the margin of the registry thereof upon the filing with him of a certificate under the seal of the said Board, certifying that such assessment has been satisfied, cancelled or otherwise discharged.

(2) Registered assessments made by the Workers' Compensation Board of Nova Scotia with respect to which a judgment has been entered may be discharged by an entry made by the registrar on the margin of the registry thereof upon the filing with him of a certificate under the seal of the court in which the judgment was obtained, and the hand of the prothonotary or clerk of such court certifying that the judgment has been satisfied, set aside or otherwise discharged. R.S., c. 392, s. 46.

Implementation of new technology

47 (1) The Governor in Council may make regulations respecting the manner in which instruments and documents may be registered or discharged by a registrar and the manner in which instruments and documents or copies thereof may be received, noted, entered, stored, maintained for examination or indexed in order to facilitate the implementation of new technology.

(2) Regulations made pursuant to subsection (1) may apply to a class or classes of instruments, a registry or group of registries or to instruments or documents registered or discharged during a period of time specified in the regulations.

(3) Where regulations made pursuant to subsection (1) relate to the registering, discharging, receiving, noting, entering, storing, maintaining or indexing of instruments and documents or copies thereof, the regulations may provide that the requirements in this Act respecting the registering, discharging, receiving, noting, entering, storing, maintaining or indexing of instruments or copies thereof do not apply.

(4) The exercise by the Governor in Council of the authority contained in this Section shall be regulations within the meaning of the Regulations Act.

(5) Notwithstanding the Regulations Act, regulations made pursuant to this Section shall be published in the Royal Gazette and do not come into force and are of no effect until the sixtieth day after the publication in the Royal Gazette. R.S., c. 392, s. 47.

Regulations respecting identification of parcel

48 (1) The Minister of Service Nova Scotia and Municipal Relations or such other member of the Executive Council as may be designated by the Governor in Council may make regulations requiring every document submitted for filing or recording to be accompanied by a page identifying the parcel affected by parcel identification number, if any, the names of the grantees in the form in which they are to be indexed, a precise identification of the nature of the document, including references to registry numerical coding, and such other information as may be prescribed.

(2) The exercise of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 2001, c. 6, s. 123.

R.S., c. 392, Sch.