First

Session, 47th General Assembly

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

S.2 Amdt.

Definitions

S.3 Amdt.

Registry

S.7 Amdt.

Registration

S.9 R&S

Electronic registration

S.10 R&S

Registrar may refuse to register

S.11 R&S

Notice of registration

S.13 R&S

Registration under power of attorney

S.14 Amdt.

Proof for registration

S.20 R&S

Appeal

S.22 Amdt.

Information in registry

S.23 R&S

Effective time of registration

S.24 Amdt.

Documents to be confirmed

S.25 R&S

Registration of plans

S.26 R&S

Requirements of mortgagee

S.29 R&S

Licensed user

S.31 R&S

Indexes

S.32 Amdt.

Maintenance of books and records

S.33 Amdt.

Change of name

S.36 R&S

Certified copies

S.37 R&S

Effect of registration

S.38 Amdt.

Regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cR-10.01

(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c) of the Registration of Deeds Act, 2009 is repealed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

(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.

Section 9 of the Act is repealed and the

following substituted:

Electronic

registration

(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.

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.

Section 11 of the Act is repealed and the

following substituted:

Notice of registration

(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.

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

(1) Before

an instrument or notice of instrument is registered the execution of the

instrument shall be proved in accordance with this Act.

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

(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.

Section 23 of the Act is repealed and the

following substituted:

Effective time of

registration

(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

(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.

Section 25 of the Act is repealed and the

following substituted:

Registration of

plans

(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.

Section 26 of the Act is repealed and the

following substituted:

Requirements of mortgagee

(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.

Section 29 of the Act is repealed and the

following substituted:

Licensed user

(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.

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

(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

(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.

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.

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.

(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.

William E. Parsons, Queen's Printer