BILL 67



An Act to Amend the Land Titles Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Section 3 of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is amended

(a)by adding before the definition "court" the following:

"approved parcel identifier" means, with respect to any parcel of land, the parcel identifier with which the registrar has associated a description under this Act;

(b)in the French version by repealing the definition "registre des instruments" and substituting the following:

"registre des instruments" désigne tout livre, dossier, procédé électronique ou de micrographie et tout autre procédé d'entreposage servant à inscrire la réception des instruments dans un bureau d'entreposage foncier;

2The Act is amended by adding after section 10 the following:

PARCEL IDENTIFIERS

10.1(1)The registrar may assign a parcel identifier to any parcel of land.

10.1(2)The registrar may, on the application of any person, associate a description of a parcel of land with its parcel identifier if

(a)the description of the parcel meets the prescribed standards, and

(b)the application is accompanied by evidence satisfactory to the registrar that a transfer of the entirety of the parcel would not contravene the Community Planning Act.

10.1(3)The registrar may, on his or her initiative, associate a description of a parcel of land with its parcel identifier if

(a)the description of the parcel meets the prescribed standards, and

(b)the registrar is satisfied on the basis of instruments that have been filed or registered, or records maintained, under the Registry Act or this Act, that a transfer of the entirety of the parcel would not contravene the Community Planning Act.

10.1(4)Where a description of a parcel of land does not meet the prescribed standards, the Registrar General may direct the registrar to associate that description with the parcel identifier assigned to that parcel if the Registrar General is satisfied

(a)that the land can be properly and adequately identified for the purposes of this Act by reference to that description, and

(b)that a transfer of the entirety of the parcel would not contravene the Community Planning Act.

10.1(5)If a parcel of land is altered by subdivision, consolidation or other change, the registrar may

(a)with respect to that parcel,

(i)amend the description associated with the parcel identifier assigned to that parcel, or

(ii)mark as retired the parcel identifier assigned to that parcel, and

(b) with respect to any newly created parcel, associate a description with the parcel identifier assigned to that parcel.

10.2The registrar shall maintain a record of parcel identifiers assigned to parcels of land and of the descriptions associated with those parcel identifiers.

10.3(1)A description of land by reference to an approved parcel identifier is a sufficient description of that land for every transaction, dealing, instrument or proceeding relating to that land.

10.3(2)Where land is described in a registered instrument by reference to an approved parcel identifier, the land affected is the land described in the description associated with that parcel identifier at the time of the registration of the instrument.

10.3(3)Where land is described in a transaction, dealing or proceeding, other than in a registered instrument, by reference to an approved parcel identifier, the land intended to be affected is presumed to be the land described in the description associated with that parcel identifier at the time of the transaction, dealing or proceeding.

10.4(1)The registrar may, in prescribed circumstances, on the application of an owner of two or more adjoining parcels of registered land, assign a parcel identifier to a parcel created as a consolidation of those parcels.

10.4(2)Where the registrar has assigned a parcel identifier to a parcel of land under subsection (1), the parcel constitutes one parcel for the purposes of subdivision within the meaning of the Community Planning Act.

3Subsection 11(2) of the Act is amended

(a)by striking out the portion preceding paragraph (a) and substituting the following:

11(2)An application shall be in the prescribed form, describe the parcel to which the application relates by its approved parcel identifier, and be accompanied by

(b)by repealing paragraph (b) and substituting the following:

(b)a certificate of title in the prescribed form certified by a member of the Law Society of New Brunswick authorized to practise law;

(c)by repealing paragraph (c) and substituting the following:

(c)an affidavit of the applicant in the prescribed form;

(d)by repealing paragraph (d).

4Section 12 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

12(1)Where the registrar is satisfied that the application is complete, the registrar shall forward the application to the Registrar General.

(b)by repealing subsection (2) and substituting the following:

12(2)Where the registrar is not satisfied that the application is complete, the registrar may reject the application and notify the applicant or the applicant's agent of the rejection.

(c)by repealing subsection (4);

(d)by repealing subsection (5);

(e)by repealing subsection (6);

(f)by repealing subsection (7);

(g)by repealing subsection (7.1);

(h)by repealing subsection (8);

(i)by repealing subsection (11);

(j)by repealing subsection (12);

(k)by repealing subsection (13);

(l)by repealing subsection (14);

(m)by repealing subsection (15);

(n)by repealing subsection (16) and substituting the following:

12(16)Where the registrar has forwarded an application to the Registrar General under subsection (1), the Registrar General may, in reliance on the information contained in the certificate of title provided under paragraph 11(2)(b), make an order directing the registrar to register the title to the land.

(o)by repealing subsection (17) and substituting the following:

12(17)The order referred to in subsection (16) shall be given to the registrar.

(p)by repealing subsection (18).

5Section 18 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

18(1)The registrar shall assign a registration number, date and time to every instrument received at the land titles office for filing or registration and shall enter a record of the instrument, date, time and number in the instrument record.

(b)by repealing subsection (2) and substituting the following:

18(2)The instrument shall then be examined and, subject to subsection (4), a record of the acceptance of the instrument for filing or registration shall be entered in the instrument record.

(c)in subsection (4)

(i)by repealing paragraph (b) and substituting the following:

(b)does not describe the land to which it relates by its approved parcel identifier, or is otherwise incomplete;

(ii)by adding after paragraph (b) the following:

(b.1) describes the land

(i)by reference to a parcel identifier that has been marked as retired by the registrar, or

(ii)by a description of the land in addition to a reference to its approved parcel identifier;

(d)by repealing paragraph (5)(b) and substituting the following:

(b)issue to the owner, surviving owner, personal representative, agent or trustee, as the case may be, a certificate of registered ownership for that land and, in the case of a subdivision, a certificate of registered ownership for each lot, block or parcel in the subdivision plan.

(e)by repealing subsection (6) and substituting the following:

18(6)Where the registrar registers a title to land pursuant to an order under section 12, 13 or 14 or a title to previously unregistered land pursuant to section 23, the registrar shall issue and record under the Registry Act a notice in prescribed form and thereafter the title to the land shall be dealt with under this Act, and this Act applies to every instrument or document that relates to an interest in that land.

(f)by repealing subsection (7) and substituting the following:

18(7)Every parcel of land in respect of which a title is registered under this Act shall be identified by its approved parcel identifier in the title register.

(g)by repealing subsection (8);

(h)by repealing subsection (9) and substituting the following:

18(9)Upon the rejection of an instrument, the registrar shall enter in the instrument record a record of the rejection and a memorandum of the reasons for such rejection, and shall notify the person who presented the instrument for registration.

(i)in subsection (12) of the French version by striking out "aussi" and substituting "ainsi".

6Section 19 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

19(1)Instruments and interests or claims thereunder in respect of or affecting the same land shall be entitled to priority, the one over the other, according to the order of the registration numbers, dates and times assigned to the instruments by the registrar and not according to the date of their execution.

(b)in subsection (2) by striking out "Serial numbers" and substituting "Registration numbers".

7Subsection 24(2) of the Act is repealed.

8Section 47 of the Act is amended

(a)in subsection (1) by striking out "its parcel index number" and substituting "its approved parcel identifier";

(b)by repealing subsection (2) and substituting the following:

47(2)Subject to subsection (1), a power of attorney may be filed with the registrar.

(c)in subsection (3) of the French version by striking out "déposée et enregistrée" and substituting "déposée ou enregistrée".

9Subsection 50(1) of the Act is amended by striking out "section 52 of the Bankruptcy Act, chapter B-3 of the Revised Statutes of Canada, 1970," and substituting "section 74 of the Bankruptcy and Insolvency Act (Canada)".

10Subsection 51(3) of the Act is amended by striking out "shall on application by the purchaser of registered land under a tax sale, accompanied by" and substituting "shall on presentation by the purchaser of registered land under a tax sale, of".

11The heading "TRANSMISSION" preceding section 53 of the English version of the Act is repealed and the following is substituted:

TRANSMISSION ON DEATH

12Section 53 of the Act is amended

(a)in subsection (1) of the French version by striking out "sous-réserve" and substituting "sous réserve";

(b)by repealing subsection (2) and substituting the following:

53(2)When registered land is transmitted in consequence of the death of the owner, the personal representative shall apply to the registrar for registration of the transmission in prescribed form together with such other documents as may be required to establish the title.

(c)by repealing subsection (3);

(d)by repealing subsection (4) and substituting the following:

53(4)A transmission that relates only to an interest in registered land shall be registered as to that interest.

(e)by repealing subsection (7) and substituting the following:

53(7)An application for registration under this section shall be referred to the Registrar General and shall be registered only when the Registrar General has approved the application.

13Section 55 of the Act is amended

(a)in paragraph (1)(b) by adding ", if the corporation has a corporate seal" after "corporate seal";

(b)in paragraph (3)(a) of the French version by striking out "l'attestion" and substituting "l'attestation";

(c)in subsection (5) by striking out "certificate of transmission, document issued pursuant to the Bankruptcy Act, chapter B-3 of the Revised Statutes of Canada, 1970," and substituting "document issued pursuant to the Bankruptcy and Insolvency Act (Canada)".

14Section 57 of the Act is amended

(a)in subsection (1) by striking out "subsection 12(4) or (12),";

(b)in subsection (2) of the French version by striking out "methode" and substituting "méthode".

15Subsection 60(3) of the Act is amended by adding ", if the corporation has a corporate seal" after "affixed thereto".

16Section 62 of the Act is repealed.

17Subsection 63(1) of the Act is repealed and the following is substituted:

63(1)Any person may upon payment of the prescribed fee require the registrar to issue a certificate of registered ownership, in the prescribed form, in respect of any parcel of registered land.

18Subsection 73(1) of the Act is amended in the portion preceding paragraph (a) by striking out "or a certificate of search".

19The Act is amended by adding after section 76 the following:

76.01The New Brunswick Geographic Information Corporation may, for the purposes of section 76, enter into agreements with the Law Society of New Brunswick, or any or all of its members, or with any other person, with respect to liability under that section as a result of any indemnity paid by the Registrar General under this Act.

20Section 76.1 of the Act is repealed.

21Section 83 of the Act is amended

(a)in the French version by striking out the portion preceding paragraph (a) and substituting the following:

83Le lieutenant-gouverneur en conseil peut établir des règlements

(b)by adding after paragraph (k) the following:

(k.1)prescribing standards for descriptions of parcels of land;

(k.2)prescribing circumstances for the purposes of subsection 10.4(1);

(c)in paragraph (o) of the French version by striking out the period at the end of the paragraph and substituting a semicolon;

(d)in paragraph (q) of the French version by striking out "le présente loi" and substituting "la présente loi".

22This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a)A definition is added.

(b)The English and French versions are made consistent.

Section 2

Provisions are added to authorize the registrar to assign parcel identifiers to parcels of land and, in turn, to associate descriptions with those parcel identifiers. The registrar is required to maintain a record of parcel identifers and of the descriptions associated with them. As well, provisions are added to provide for the use of parcel identifiers to describe land for the purposes of the Land Titles Act.

Section 3

(a) to (d)The existing provision is as follows:

11(2)An application may be in the prescribed form and shall be accompanied by

(a)the prescribed fee;

(b)an abstract of the title certified in the prescribed manner by a barrister and solicitor of The Court of Queen's Bench of New Brunswick, showing the chain of ownership of the land dating back

(i)to the Crown grant,

(ii)at least sixty years from the date of the application, or

(iii)such lesser number of years as the Registrar General may approve;

(c)an affidavit of verification of the applicant in the prescribed form;

(d)evidence that the provisions of the Community Planning Act, if applicable, have been complied with;

(e)any additional information that may assist the registrar and the Registrar General in dealing with the application; and

(f)such additional information as may be prescribed.

Section 4

(a)The existing provision is as follows:

12(1)Where the registrar is satisfied that the application is complete and properly identifies the land, he shall forthwith forward the application to the Registrar General.

(b)The existing provision is as follows:

12(2)Where the registrar is not satisfied in accordance with subsection (1), he may reject the application and return it to the applicant or his agent.

(c)The existing provision is as follows:

12(4)Where an application has been forwarded to the Registrar General, he shall cause a notice in the prescribed form to be given to each person, other than the applicant, who appears on the basis of the abstract or other documents provided to the Registrar General to have some right to, or claim against, the land in question.

(d)The existing provision is as follows:

12(5)Any person who is entitled to notice under subsection (4) may file a consent in the prescribed form with the registrar who shall forthwith forward the consent to the Registrar General.

(e)The existing provision is as follows:

12(6)When a consent is filed in accordance with subsection (5), the Registrar General may in his absolute discretion dispense with the giving of the notice required by subsection (4) to the person who executes such consent.

(f)The existing provision is as follows:

12(7) The Registrar General shall before making an order under subsection (16) consider any such consents and give such weight to them as he sees fit in the circumstances.

(g)The existing provision is as follows:

12(7.1)Where a person other than the applicant appears, by admission or otherwise, to be interested in the land and the applicant desires to have his title registered subject to the interest of the other person, the Registrar General may in his absolute discretion dispense with the giving of the notice to that person required by subsection (4) and the filing of a consent of that person under subsection (5).

(h)The existing provision is as follows:

12(8)Where a person other than the applicant appears, by admission or otherwise, to be interested in the land and the applicant desires to have his title registered subject to the interest of the other person, and the interest arises by virtue of an instrument that is, at the time of the application,

(a) registered in the land titles office of the registrar to whom the application is made or is then produced to him; or

(b)of a type that could be filed or registered as an instrument under this Act, regardless of its form,

the Registrar General, if satisfied as to the extent and nature of the interest, shall in any order he makes under subsection (16) direct that the title to the land be registered subject to the interest.

(i)The existing provision is as follows:

12(11) Any person having a claim not recognized in the application for registration may, at any time before the Registrar General has ordered that the title to the land be registered, file with the Registrar General a short statement of his claim verified under oath and he shall give a copy thereof to the applicant or his agent.

(j)The existing provision is as follows:

12(12)Where the Registrar General decides that a hearing into the merits of an application to bring land under this Act is necessary or when a statement of claim is filed pursuant to subsection (11), the Registrar General shall cause notice to be given to the applicant, any person who has filed a statement of claim and such other persons as he considers necessary, and such notice shall state the day, hour and place fixed for a hearing.

(k)The existing provision is as follows:

12(13)Upon any hearing held pursuant to subsection (12), the Registrar General may make such order as is appropriate in the

(l)The existing provision is as follows:

12(14) The Registrar General, before making an order under subsection (16), shall inquire into the nature of the interest of any person shown by the application to be in possession of the land or a portion thereof.

(m)The existing provision is as follows:

12(15)For the purposes of this section, the Registrar General has all the powers, privileges and duties of a commissioner under the Inquiries Act and regulations thereunder?.

(n)The existing provision is as follows;

12(16)Where the Registrar General is satisfied with the title to the land, he shall make an order directing the registrar to register the title to the land on expiration of ten days after receipt of the order, or after such greater or lesser time as the Registrar General may provide in the order, unless an appeal is taken within the time so limited.

(o)The existing provision is as follows:

12(17)The order, or a true copy of the order, referred to in subsection (16) shall be given to the registrar and to each person referred to in subsections (8), (12) and (14).

(p)The existing provision is as follows:

12(18)Where the Registrar General makes an order referred to in subsection (16), the solicitor who certified an abstract of the title pursuant? to paragraph 11(2)(b) is not liable to the Registrar General with respect thereto, except in the case of fraud wherein the solicitor has participated or colluded.

Section 5

(a)The existing provision is as follows:

18(1) The registrar shall stamp every instrument received at the land titles office for filing or registration with the date and time of receipt and a serial number and shall forthwith enter a record of the instrument, date, time and number in the instrument record.

(b)The existing provision is as follows:

18(2)The instrument shall then be examined and, subject to subsection (4), shall be signed by the registrar and a record of the acceptance of the instrument for filing or registration shall be entered in the instrument record.

(c)(i) and (ii)The existing provision is as follows:

18(4)Notwithstanding anything in this or any other enactment, the registrar may refuse to file or register and may reject an instrument where the appropriate fee has not been paid therefor or where the instrument

. . .

(b)does not specifically describe the land to which it relates by its parcel index number or is otherwise incomplete;

(d)The existing provision is as follows:

18(5)Where the registrar is required pursuant to the provisions of this Act to register the title to land or to register land or to register a person as the owner of land or to register an instrument severing or consolidating land or a transfer, the registrar shall

(a)cancel the certificate of registered ownership, if any, as to that land; and

(b)make out, sign, officially seal and give to the owner, surviving owner, personal representative, agent or trustee, as the case may be, a certificate of registered ownership for that land and, in the case of a subdivision, a certificate of registered ownership for each lot, block or parcel in the subdivision plan.

(e)The existing provision is as follows:

18(6)Where the registrar registers a title to land pursuant to an order under section 12, 13 or 14 or a title to previously unregistered land pursuant to section 23, he shall make out, sign, officially seal and record under the Registry Act a notice in prescribed form and thereafter the title to the land shall be dealt with under this Act, and this Act applies to every instrument or document that relates to an interest in that land.

(f)The existing provision is as follows:

18(7)Every parcel of land in respect of which a title is registered under this Act shall have a distinctive parcel index number and shall be identified by that number in the title register.

(g)The existing provision is as follows:

18(8)Where the parcel index number of a parcel of land is not set out in an instrument that is submitted to the registrar for registration, the registrar may, unless the parcel index number is set out in an application related to the instrument, require the person who submitted the instrument for registration to file a plan of survey of the parcel or otherwise provide the registrar with information in writing that will enable him to ascertain the exact location of the parcel.

(h)The existing provision is as follows:

18(9)Upon the rejection of an instrument, it shall be returned to the person who presented it for registration and the registrar shall forthwith enter in the instrument record a record of the rejection and a memorandum of the reason for such rejection.

(i)The English and French versions are made consistent.

Section 6

(a)The existing provision is as follows:

19(1)Instruments and interests or claims thereunder in respect of or affecting the same land shall be entitled to priority, the one over the other, according to the order of the serial numbers, dates and times stamped on the instrument by the registrar and not according to their date of execution.

(b)The existing provision is as follows:

19(2)Serial numbers of rejected instruments shall be deemed to have been cancelled and to confer no priority.

Section 7

The existing provision is as follows:

24(2)Where there is no dominant tenement, the registrar shall assign a parcel index number to the easement and the easement shall be registered in the name of the owner of the easement.

Section 8

(a)The existing provision is as follows:

47(1)A power of attorney that describes registered land by its parcel index number may be registered as to that land.

(b)The existing provision is as follows:

47(2)A power of attorney that does not describe registered land by its parcel index number may be filed with the registrar but shall not be registered.

(c)A typographical error in the French version is corrected.

Section 9

A citation is updated.

Section 10

The existing provision is as follows:

51(3)The registrar is not required to take notice of any irregularity in a tax sale, or in any of the proceedings relating thereto, or inquire into the regularity of the tax sale proceedings or any proceedings prior to or having relation to the assessment of land but shall on application by the purchaser of registered land under a tax sale, accompanied by the tax sale deed or transfer, register the title to the land in the name of the purchaser as owner.

Section 11

The English and French versions are made consistent.

Section 12

(a)A typographical error in the French version is corrected.

(b)The existing provision is as follows:

53(2)When registered land is transmitted in consequence of the death of the owner, the personal representative shall apply to the registrar for registration of a certificate of transmission in prescribed form together with such other documents as may be required to establish his title.

(c)The existing provision is as follows:

53(3)Every certificate of transmission of a title to land shall have annexed thereto the certificate of registered ownership for that land.

(d)The existing provision is as follows:

53(4)A certificate of transmission that relates only to an interest in registered land shall be registered as to that interest.

(e)The existing provision is as follows:

53(7)All applications for registration of an instrument under this section shall be referred to the Registrar General and shall be registered only when the Registrar General has made an order directing the registrar to register the instrument.

Section 13

(a)The existing provision is as follows:

55(1)Every instrument that is to be registered under this Act shall be

(a) signed by the parties required to sign it in the presence of one or more witnesses each of whom is at least sixteen years of age, or

(b)in the case of a corporation, signed by the proper officer or officers of the corporation and sealed with the corporate seal.

(b)A spelling error in the French version is corrected.

(c)The existing provision is as follows:

55(5)The requirements of subsections (1) and (2) do not apply to a caveat, claim of lien under the Mechanics' Lien Act, judgment, order of the Registrar General, document issued by the Crown under an enactment of the Province, certificate of transmission, document issued pursuant to the Bankruptcy Act, chapter B-3 of the Revised Statutes of Canada, 1970, affidavit under section 37 or such class of instruments as may be prescribed.

Section 14

(a)This amendment is consequential on the amendments made in paragraphs 4(c) and (j) of this amending Act.

(b)A typographical error in the French version is corrected.

Section 15

The existing provision is as follows:

60(3)Notwithstanding subsection (1), an instrument executed by a corporation, except a caveat or a claim of lien under the Mechanics' Lien Act, shall have the corporate seal affixed thereto.

Section 16

The existing provision is as follows:

62(1)Any person upon payment of the prescribed fee may require the registrar to make a search in respect of any parcel of registered land and is entitled to receive a certificate of search in prescribed form.

62(2)A certificate of search issued under subsection (1) shall contain a statement of all subsisting entries on the title register in respect of the land which is the subject of the search and be subject to the exceptions and reservations stated therein, overriding incidents and the provisions of this Act and the regulations.

62(3)Every certificate of search shall be evidence in all courts and in every proceeding of the particulars contained therein as of the date and at the time the certificate was issued.

Section 17

The existing provision is as follows:

63(1)Any registered owner of a parcel of land may at any time upon payment of the prescribed fee require the registrar to issue to him a certificate of registered ownership in prescribed form.

Section 18

The existing provision is as follows:

73(1)Any person who suffers damage by reason of the rectification of the title register, an error or omission in the title register which is not rectified, an error or omission in a certificate of registered ownership or a certificate of search or the loss or destruction of any document lodged at a land titles office for inspection or safe custody is entitled to be indemnified except in the following cases:

Section 19

The New Brunswick Geographic Information Corporation is authorized to enter into agreements in accordance with the new section 76.01.

Section 20

The existing provision is as follows:

76.1For the purposes of section 76, neither the preparation by a solicitor of an abstract of title nor his certification thereof pursuant to paragraph 11(2)(b) shall be construed as conduct causing or substantially contributing to the damage, except in the case of fraud wherein the solicitor has participated or colluded.

Section 21

(a)The English and French versions are made consistent.

(b)Regulation-making authority is added.

(c)An error in punctuation in the French version is corrected.

(d)A typographical error in the French version is corrected.

Section 22

Commencement provision.

Endorse: Hon. James E. Lockyer, Q.C.


Last Modified: 04:28pm , February 17, 1998