14

 


 

First Session, 47th General Assembly

61 Elizabeth II, 2012

BILL 14

AN ACT TO AMEND THE REGISTRATION OF DEEDS ACT, 2009

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE PAUL DAVIS

Minister of Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

This Bill would amend the Registration of Deeds Act, 2009 to clarify the distinction between an instrument and a notice of instrument. 

Also, with respect to those instruments for which only a notice of instrument is required to be registered, this Bill would enable the registrar to register a full instrument in those circumstances where the registrar considers it necessary. 

A BILL

AN ACT TO AMEND THE REGISTRATION OF DEEDS ACT, 2009

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Registry

        3.   S.7 Amdt.
Registration

        4.   S.9 R&S
Electronic registration

        5.   S.10 R&S
Registrar may refuse to register

        6.   S.11 R&S
Notice of registration

        7.   S.13 R&S
Registration under power of attorney

        8.   S.14 Amdt.
Proof for registration

        9.   S.20 R&S
Appeal

      10.   S.22 Amdt.
Information in registry

      11.   S.23 R&S
Effective time of registration

      12.   S.24 Amdt.
Documents to be confirmed

      13.   S.25 R&S
Registration of plans

      14.   S.26 R&S
Requirements of mortgagee

      15.   S.29 R&S
Licensed user

      16.   S.31 R&S
Indexes

      17.   S.32 Amdt.
Maintenance of books and records

      18.   S.33 Amdt.
Change of name

      19.   S.36 R&S
Certified copies

      20.   S.37 R&S
Effect of registration

      21.   S.38 Amdt.
Regulations

      22.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cR-10.01

        1. (1) Paragraph 2(c) of the Registration of Deeds Act, 2009 is repealed and the following substituted:

             (c)  "licensed users" means those persons approved by the registrar to conduct unlimited online searching and viewing of instruments and notices of instruments registered at the registry and available online;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (d) the following:

          (d.1)  "notice of instrument" means a notice referred to in paragraph 7(1)(e);

             (3)  Paragraph 2(f) of the Act is repealed and the following substituted:

              (f)  "prescribed category of persons" means those persons or a category of persons approved by the registrar to file instruments and notices of instruments electronically;

 

        2. (1) Subsection 3(1) of the Act is repealed and the following substituted:

Registry

        3. (1) There shall be a Registry of Deeds for the registration of deeds, other instruments and notices of instruments for the province.

             (2)  Subsection 3(2) of the Act is repealed and the following substituted:

             (2)  The registry shall contain fireproof safes or vaults for the preservation of records, books, papers, microfilm, microfiche, tapes, negatives, computer software and computer hardware belonging to the registry, and of all deeds, other instruments and notices of instruments situated and deposited there for registration.

 

        3. (1) Paragraph 7(1)(a) of the Act is repealed and the following substituted:

             (a)  deeds, leases, assignments of leases, assignments of rents, priority agreements and other instruments;

             (2)  Subsection 7(3) of the Act is repealed and the following substituted:

             (3)  For the purpose of paragraph (1)(e), only a notice of instrument in a form acceptable to the registrar shall be accepted for registration, however, the registrar may register the full instrument in those circumstances where he or she considers it necessary.

 

        4. Section 9 of the Act is repealed and the following substituted:

Electronic registration

        9. (1) Except where provided by this Act or the regulations, an instrument or notice of instrument submitted for registration electronically in accordance with this Act and as prescribed by the regulations shall have the same effect as an instrument or notice of instrument submitted for registration in paper format.

             (2)  A person, other than the registrar or a person who is a member of a prescribed category of persons, may not electronically register an instrument or notice of instrument.

             (3)  The registrar may approve a person or category of persons to file an instrument or notice of instrument electronically where that person or category of persons meet the requirements prescribed by the regulations.

             (4)  A person who is a member of the prescribed category of persons may electronically register an instrument or notice of instrument referred to in section 7 by complying with this Act and the regulations.

             (5)  Where a person fails to comply with the requirements of this Act and the regulations, the registrar may remove the person from the prescribed category of persons.

             (6)  A person submitting an instrument or notice of instrument for registration electronically under subsection (4) is responsible for the accuracy of the instrument or notice of instrument.

             (7)  When a person submits an instrument for registration electronically under subsection (4), that person is certifying that he or she has seen the original instrument, with the original signatures, and that the instrument being submitted is a true copy of the original instrument.

             (8)  When a person submits a notice of instrument for registration electronically under subsection (4), that person is certifying that he or she has seen the original instrument, with the original signatures.

             (9)  An instrument or notice of instrument may be submitted electronically at any time and shall be reviewed for compliance, in a manner that may be prescribed, during the operating hours of the registry.

 

        5. Section 10 of the Act is repealed and the following substituted:

Registrar may refuse to register

      10. The registrar may refuse to register an instrument or notice of instrument where

             (a)  a legible written description of the property is not attached;

             (b)  the instrument or notice of instrument does not comply with this Act or the regulations;

             (c)  the instrument or notice of instrument is contrary to law;

             (d)  the registrar has reasonable grounds to believe that the registration might result in a registration that is not in accordance with law;

             (e)  the instrument or notice of instrument is wholly or partially illegible;

              (f)  the instrument or notice of instrument contains or has attached to it material that does not affect or relate to the land; or

             (g)  the registrar has other reasonable grounds to do so.

 

        6. Section 11 of the Act is repealed and the following substituted:

Notice of registration

      11. (1) The registration of an instrument or notice of instrument under this Act shall constitute notice to a person claiming an interest in the land after the registration, notwithstanding a defect in the proof for registration.

             (2)  Notwithstanding subsection (1), the registrar shall not register an instrument or notice of instrument unless the instrument has been proved in accordance with this Act and unless all other requirements of this Act and the regulations have been met.

 

        7. Section 13 of the Act is repealed and the following substituted:

Registration under power of attorney

      13. The registration of an instrument or notice of instrument, in the circumstance where the instrument has been executed under a power of attorney, is not valid unless

             (a)  the power of attorney is registered before the registration of the instrument or notice of instrument or within 6 months after the registration; or

             (b)  an instrument subsequently confirming the execution of the first instrument is registered within 6 months after the registration of that first instrument or notice of instrument.

 

        8. Subsection 14(1) of the Act is repealed and the following substituted:

Proof for registration

      14. (1) Before an instrument or notice of instrument is registered the execution of the instrument shall be proved in accordance with this Act.

 

        9. Section 20 of the Act is repealed and the following substituted:

Appeal

      20. Where the registrar refuses to register an instrument or notice of instrument, the person affected may appeal the registrar's decision to the Trial Division within 30 days of the refusal.

 

      10. Subsection 22(1) of the Act is repealed and the following substituted:

Information in registry

      22. (1) The registrar shall keep in the registry information with respect to every deed and other instrument or notice of instrument deposited for registration, and the registrar shall record

             (a)  the time and date of registration;

             (b)  the location of the property, where applicable;

             (c)  the type of instrument or notice of instrument;

             (d)  the date of the instrument;

             (e)  the parties named in the instrument;

              (f)  the consideration stated in the instrument, where applicable; and

             (g)  other information that the registrar considers necessary.

 

      11. Section 23 of the Act is repealed and the following substituted:

Effective time of registration

      23. (1) An instrument or notice of instrument submitted for registration shall be considered to have been registered when it is delivered, either personally, by mail or in electronic form, if it is determined by the registrar to be in compliance with the requirements of this Act and the regulations.

             (2)  The instrument shall

             (a)  be executed by all persons from whom an interest passes;

             (b)  have attached to it the proper proof;

             (c)  be accompanied by the proper fee for registration of that instrument;

             (d)  be accompanied by a registration application form;

             (e)  be accompanied by a legible written description of the property; and

              (f)  meet the other requirements that may be established by the registrar.

             (3)  The notice of instrument shall

             (a)  be provided on a registration application form;

             (b)  be accompanied by the proper fee for registration of that notice of instrument;

             (c)  be accompanied by a legible written description of the property, where applicable; and

             (d)  meet the other requirements that may be established by the registrar.

             (4)  Where an instrument or notice of instrument is submitted for registration under subsection (1) and it is determined by the registrar that it is not in compliance with the requirements of this Act or the regulations, it shall not be considered to have been registered and shall be returned and may be resubmitted for registration under subsection (1) when the required corrections have been made.

             (5)  Where an instrument or notice of instrument is registered under this section, a person shall not alter that instrument or notice of instrument.

             (6)  A deed of rectification shall be registered to correct an error in an instrument that has been registered under this section.

 

      12. Subsection 24(1) of the Act is repealed and the following substituted:

Documents to be confirmed

      24. (1) Where an instrument or notice of instrument is submitted for registration under subsection 23(1) and has been determined by the registrar to be in compliance with the requirements of this Act and the regulations, that instrument or notice of instrument shall receive confirmation of registration, which shall include

             (a)  the time and date of registration of the instrument or notice of instrument;

             (b)  the registration number at which the instrument or notice of instrument may be found on the computer storage and retrieval system;

             (c)  the parties to the instrument;

             (d)  the location of the property, where applicable;

             (e)  the document type;

              (f)  the registrar's signature and title;

             (g)  the date of the confirmation;

             (h)  the receipt number; and

              (i)  other confirmation information that may be prescribed.

 

      13. Section 25 of the Act is repealed and the following substituted:

Registration of plans

      25. (1) A person who wishes to register an instrument or notice of instrument with a plan attached to that instrument or notice of instrument shall provide a copy of that plan and that plan shall be registered as a part of that instrument or notice of instrument.

             (2)  Where an instrument or notice of instrument has a master plan attached, that master plan shall be filed in paper format in the registry.

 

      14. Section 26 of the Act is repealed and the following substituted:

Requirements of mortgagee

      26. (1) When a mortgage is fully paid, the mortgagee shall, within 60 days after that, register in the registry

             (a)  a notice of release of mortgage;

             (b)  where there is an assignment of rents registered in relation to the property, a release of the assignment of rents; and

             (c)  another instrument or notice of instrument required to enable the mortgage to be released,

and the instruments or notices of instruments or both under paragraphs (a) to (c) shall be in a form and contain the information satisfactory to the registrar.

             (2)  When the mortgagee receives the registered notice of release of mortgage from the registry, the mortgagee shall provide to the mortgagor

             (a)  a copy of the registered notice of release of mortgage; and

             (b)  a full copy of the release of mortgage document.

             (3)  When the mortgagee receives the registered release of assignment of rents from the registry, the mortgagee shall provide a copy to the mortgagor.

             (4)  A mortgagee who fails to comply with subsection (1), (2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.

 

      15. Section 29 of the Act is repealed and the following substituted:

Licensed user

      29. (1) A person who is approved as a licensed user may conduct unlimited online searching and viewing of instruments and notices of instruments registered at the registry and available online.

             (2)  The registrar may approve a person to conduct unlimited online searching and viewing of instruments and notices of instruments registered at the registry and available online, where that person meets the requirements prescribed by the regulations.

             (3)  A licensed user shall comply with the prescribed rules for the online searching and viewing of instruments and notices of instruments and failure to comply with those rules may result in the cancellation of the license of the licensed user.

 

      16. Section 31 of the Act is repealed and the following substituted:

Indexes

      31. The registrar shall keep an index of all instruments and notices of instruments registered in the registry.

 

      17. Subsection 32(1) of the Act is repealed and the following substituted:

Maintenance of books and records

      32. (1) Where a book, record, plan, document, instrument or notice of instrument kept in paper form is, from age or use, becoming obliterated, unfit for further use or is in need of repair, the registrar shall ensure the book, record, plan, document, instrument or notice of instrument is copied or repaired in a manner that he or she thinks necessary.

 

      18. Subsection 33(1) of the Act is repealed and the following substituted:

Change of name

      33. (1) Where a person's name is changed and at the time of the name change that person has an interest in property evidenced by an instrument or notice of instrument filed or registered under this Act, the change of name may be recorded by

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

             (b)  filing or registering a certificate of a change of name issued under the Change of Name Act, 2009, or a marriage certificate, if the change of name was as a result of a marriage or dissolution of a marriage.

 

      19. Section 36 of the Act is repealed and the following substituted:

Certified copies

      36. The registrar shall, when requested, provide a certified copy of an instrument or notice of instrument that shall be signed by the registrar.

 

      20. Section 37 of the Act is repealed and the following substituted:

Effect of registration

      37. An instrument that has not been proved and either registered or had a notice of instrument registered in relation to it, shall be judged fraudulent and void both at law and in equity, as against a subsequent purchaser or mortgagee for valuable consideration who first registers the instrument or notice of instrument, or against a trustee of an insolvent estate or an assignee or trustee under a conveyance for the benefit of the creditors.

 

      21. (1) Paragraph 38(a) of the Act is repealed and the following substituted:

             (a)  prescribing the manner in which instruments and notices of instruments may be electronically filed or registered;

             (2)  Paragraph 38(b) of the Act is repealed and the following substituted:

             (b)  prescribing the manner in which electronically filed or registered instruments and notices of instruments may be reviewed for compliance;

             (3)  Paragraph 38(f) of the Act is repealed and the following substituted:

              (f)  prescribing the persons or category of persons that may be approved to file instruments and notices of instruments electronically;

             (4)  Paragraph 38(g) of the Act is repealed and the following substituted:

             (g)  prescribing the rules governing those approved to file instruments and notices of instruments electronically;

             (5)  Paragraph 38(k) of the Act is repealed and the following substituted:

             (k)  respecting a matter necessary to accommodate changes in technology relating to the registration of instruments and notices of instruments;

Commencement

      22. This Act comes into force on July 1, 2012.