BILL NO. 107

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002



Government Bill



Land Registration Act
(amended)



The Honourable Angus MacIsaac
Minister of Service Nova Scotia and Municipal Relations



First Reading: April 3, 2002

(Explanatory Note)

Second Reading: May 7, 2002

Third Reading: May 28, 2002 (WITH COMMITTEE AMENDMENTS)

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Explanatory Note

This Bill makes housekeeping amendments to the Land Registration Act to eliminate ambiguities that exist in the wording of the Act thereby improving the operation of the new land-registration system established by the new Act.

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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 (1) Clause 3(1)(z) of Chapter 6 of the Acts of 2001, the Land Registration Act, is amended by adding ", except as otherwise provided in this Act" immediately after "mail".

(2) Subsection 3(2) of Chapter 6 is amended by striking out "land" in the first line and substituting "a parcel".

(3) Subsection 3(4) of Chapter 6 is amended by striking out "land" in the fifth line and substituting "parcel".

(4) Subsection 3(5) of Chapter 6 is amended by striking out "land" in the fifth line and substituting "parcel".

2 Subsection 6(4) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

3 Clause 8(3)(a) of Chapter 6 is amended by striking out "registry" in the second line and substituting "registration".

4 Subsection 12(2) of Chapter 6 is repealed and the following subsection substituted:

5 (1) Subsection 13(1) of Chapter 6 is amended by

(a) striking out "fee simple absolute in the parcel" in the second and third lines of clause (f) and substituting "interest in the parcel described in clauses 17(1)(a), (b) and (c)";

(b) adding ", except where the interest is being conveyed by Her Majesty in right of the Province" immediately after "interest" in the second line of clause (g);

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

and

(d) striking out "fee simple" in the second line of clause (i) and substituting "interests described in clauses 17(1)(a), (b) and (c)".

(2) Subsection 13(3) of Chapter 6 is amended by adding "registered or" immediately after "a" the second time it appears in the first line.

6 Subsection 18(9) of Chapter 6 is amended by striking out "land" in the third line and substituting "a parcel".

7 Section 19 of Chapter 6 is amended by striking out "property" in the third line and substituting "parcel".

8 (1) Subsection 22(1) of Chapter 6 is amended by

(a) striking out "land" in the second line and substituting "a parcel"; and

(b) striking out "by that person" in the first line of clause (a).

(2) Subsection 22(3) of Chapter 6 is amended by striking out everything immediately following "roll" in the second line to the end of the subsection and substituting a period.

9 (1) Section 25 of Chapter 6 is amended by striking out "petition for" wherever it appears in subsections (1), (2) and (3) and substituting in each case "grant of".

(2) Subsection 25(4) of Chapter 6 is repealed.

10 Subsection 27(3) of Chapter 6 is repealed.

11 Subsection 32(1) of Chapter 6 is amended by

(a) striking out "land" in the first line of clause (c) and substituting "parcel"; and

(b) striking out "land" in the fifth last line and substituting "parcel".

12 Subsection 33(1) of Chapter 6 is amended by adding "a registration or" immediately after "where" in the second line.

13 Subsection 35(5) of Chapter 6 is amended by

(a) striking out "property" in the second line of clause (a) and substituting "parcel";

(b) striking out "property" in the first and second lines of clause (c) and substituting "parcel"; and

(c) striking out "property" in the last line of clause (d) and substituting "parcel".

14 Subsection 36(1) of Chapter 6 is amended by

(a) striking out "land" in the second line of clause (a) and substituting "a parcel";

(b) striking out "revision" in the second line of clause (b) and substituting "rectification"; and

(c) striking out "initial" in the second line of clause (b).

15 (1) Subsection 37(1) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

(2) Subsection 37(2) of Chapter 6 is amended by

(a) striking out "Any" in the first line and substituting "Subject to Section 46, any"; and

(b) striking out "land" in the fourth line and substituting "parcel".

(3) Subsection 37(4) of Chapter 6 is amended by

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

(ba) a statement of whether and, if so, for what purpose a title insurance policy was issued in respect of the parcel;

and

(b) striking out "property" in the last line of clause (g) and substituting "parcel".

(4) Subsection 37(5) of Chapter 6 is amended by striking out "land" in the second line and substituting "parcel".

(5) Subsection 37(6) of Chapter 6 is amended by striking out "land" in the second line and substituting "parcel".

(6) Subsection 37(9) of Chapter 6 is amended by

(a) striking out "land" in the third line and substituting "parcel"; and

(b) adding "or to the standard required pursuant to the Limitation of Actions Act or the common law" immediately after "Act" in the last line of clause (a).

16 (1) Subsection 39(3) of Chapter 6 is amended by striking out "land" in the last line and substituting "parcel".

(2) Subsection 39(8) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

(3) Subsection 39(9) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

(4) Subsection 39(13) of Chapter 6 is amended by striking out "land" in the third line and substituting "a parcel".

(5) Subsection 39(18) of Chapter 6 is amended by striking out "land" in the first line and substituting "a parcel".

(6) Section 39 of Chapter 6 is further amended by adding immediately after subsection (18) the following subsection:

17 Section 40 of Chapter 6 is amended by adding immediately after subsection (3) the following subsections:

18 Section 41 of Chapter 6 is amended by adding "(1)" immediately after the Section number and by adding the following subsection:

19 Subsection 43(1) of Chapter 6 is amended by striking out "land" in the fourth line and substituting "parcel".

20 Subsection 46(3) of Chapter 6 is amended by adding immediately after clause (a) the following clauses:

21 Subsection 57(1) of Chapter 6 is amended by

(a) adding ", other than a security interest, " immediately after "interest" in the first line; and

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

(c) when the time for which the interest is effective has expired, subject to any recorded renewal, amendment or termination.

22 Subsection 58(3) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

23 Subsection 59(2) of Chapter 6 is amended by striking out "land" in the last line and substituting "parcel".

24 (1) Subsection 60(1) of Chapter 6 is repealed and the following subsection substituted:

(2) Subsection 60(2) of Chapter 6 is amended by striking out "given" in the third line and substituting "served".

(3) Section 60 of Chapter 6 is further amended by adding immediately after subsection (2) the following subsection:

25 Section 61 of Chapter 6 is amended by striking out "land" in the first line and substituting "a parcel".

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

(2) Section 63 of Chapter 6 is further amended by adding immediately after subsection (2) the following subsection:

(3) Clause 63(4)(c) of Chapter 6 is amended by striking out "land" in the second line and substituting "parcel".

27 (1) Subsection 65(4) of Chapter 6 is amended by striking out "register" in the last line and substituting "roll".

(2) Subsection 65(6) of Chapter 6 is amended by striking out "property" in the second and in the fourth lines and substituting in each case "parcel".

28 (1) Subsection 66(6) of Chapter 6 is amended by striking out "registered interest" in the second line and substituting "parcel".

(2) Section 66 is further amended by adding immediately after subsection (8) the following subsection:

29 Subsection 68(3) of Chapter 6 is amended by striking out "registered in the name of" in the second last line and substituting "owned by".

30 Section 70 of Chapter 6 is amended by striking out "land" in the third line and substituting "a parcel".

31 Clause 73(1)(f) of Chapter 6 is amended by

(a) striking out "land" in the third line and substituting "parcel"; and

(b) adding "Section 75 of" immediately after "to" in the last line.

32 Section 74 of Chapter 6 is amended by

(a) striking out "land" in the fourth and in the fifth lines and substituting in each case "parcel"; and

(b) striking out everything immediately after "unless" in the fifth line to the end of the Section and substituting:

33 Section 75 of Chapter 6 is amended by adding immediately after subsection (1) the following subsection:

34 (1) Subsection 77(1) of Chapter 6 is amended by striking out "an" in the fourth line and substituting "the mailing".

(2) Subsection 77(4) of Chapter 6 is repealed and the following subsection substituted:

35 Chapter 6 is further amended by adding immediately after Section 115 the following Section:

36 Chapter 6 is further amended by adding immediately after Section 116 the following Section:

37 Subsection 122(1) of Chapter 6 is repealed and the following subsection substituted:

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2002 Crown in right of Nova Scotia. Updated May 31, 2002. Send comments to legc.office@gov.ns.ca.