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Issue Date: December 31, 2009
Legislation: Land Titles Act, Registry Act

Bulletin content:

The Good Government Act, 2009 received royal assent on December 15, 2009. It made several changes to the legislation affecting the land registration system.

The Certification of Titles Act was repealed as it has been superseded with the introduction of the Land Titles Act in all land registration divisions across the province. All applications for title certification must now be made under the Land Titles Act as either a First Application or an Application for Absolute Title.

Companion amendments were made to the Registry Act confirming the validity of all existing Certificates of Title as of the date of issuance under the Certification of Titles Act, providing the ability to correct errors in Certificates of Title and maintaining access to the Land Titles Assurance Fund should a person suffer a loss as a result of an error in a Certificate of Title.

Amendments were also made to the Land Titles Act whereby all hearings authorized by the Act (e.g. Caution Hearings) are now the responsibility of the Director of Titles. When a hearing is required (e.g. Objection to Caution) the Land Registrar shall notify the Office of the Director Titles.

Other amendments to the Land Titles Act included the deletion of subsection 157(2) which was made redundant by the passage of Bill 152 in 2006. The subsection was confusing as it may have been interpreted in a manner contrary to the intention of the 2006 amendments which, in addition to increasing the protection of consumers from fraud, improved the ability of consumers to have title to their homes rectified in the case of fraud.

Should you have any questions please contact your Regional Surveyor.

Original signed by:

Katherine M. Murray, Director of Titles