Land Titles Act

(1) There must be a land titles office for each district.

(2) The land titles office for a district must be located in a community within that district.

(1) The Minister shall appoint an Inspector of Land Titles.

(2) No person may be appointed as the Inspector unless he or she is of at least three years standing as

SNWT 2003,c.5,Sch.F,s.2.

(1) The Inspector shall, under instructions from the Minister,

(2) The Inspector may establish guidelines for Registrars respecting

(3) The Inspector may perform any duty or exercise any power of a Registrar.

(1) The Minister shall appoint a Registrar of Land Titles for each district.

(2) No person may be appointed as a Registrar unless he or she is

SNWT 2003,c.5,Sch.F,s.3.

(1) The Inspector may, in writing, direct a Registrar not to exercise the powers and perform the duties of a Registrar, and the Registrar shall comply with the direction.

(2) The Inspector may, in writing, at any time cancel the direction and restore the Registrar to his or her former powers and duties.

(1) A Deputy Registrar for a district shall assist the Registrar for that district under instructions from the Registrar.

(2) A Registrar may delegate to a Deputy Registrar for the district of that Registrar any of the duties or powers of the Registrar.

(3) A Deputy Registrar for a district may, in the event of the illness of the Registrar for that district or the absence of the Registrar, perform all the duties and exercise all the powers of the Registrar.

(4) Where

a Deputy Registrar for the district of that Registrar may perform all the duties and exercise all the powers of the Registrar, under the direction of the Inspector, until another Registrar is appointed or the Inspector has cancelled the direction, as the case may be.

(1) A Registrar shall keep a book called the daybook.

(2) The daybook must contain

SNWT 2013,c.23,s.9(2),(6).

(1) A Registrar shall keep a book called the general register.

(2) The general register must contain a short description of

that have been filed in the land titles office of that Registrar. SNWT 2013,c.23,s.9(6).

(1) A Registrar shall keep a book called the writ book.

(2) The writ book must contain a short description of every writ of execution or other writ against land that has been filed in the land titles office of that Registrar. SNWT 2013,c.23,s.9(7).

(1) No Registrar shall accept

unless a certificate of title has been issued for the land described in the instrument or caveat.

(2) Subsection (1) does not apply to an instrument that is a grant, writ of execution or other writ that may affect land, builders’ lien or plan. SNWT 2023,c.24,s.95.

(1) No Registrar shall accept a grant, transfer, lease or encumbrance, other than a caveat, unless the instrument contains a mailing address within Canada for the person named in the grant, the transferee, lessee or encumbrancee.

(2) No Registrar shall accept a caveat or transfer of caveat unless it contains a mailing address in the Northwest Territories for the caveator.

(3) Subsection (2) does not apply to a caveat submitted for registration under section 59.2. SNWT 1995,c.25,s.3; SNWT 2009,c.12,s.11(2), (3).

(1) Where a person in whose name a certificate of title is issued, a lessee or an encumbrancee, other than a caveator, changes his or her mailing address as shown on the records of a Registrar to a new address in Canada, that person, lessee or encumbrancee shall notify that Registrar of the new address.

(2) Where a caveator changes his or her mailing address as shown on the records of a Registrar to a new address in the Northwest Territories, the caveator shall notify that Registrar of the new address.

(3) Subsection (2) does not apply to a person named as the caveator on a caveat registered under section 59.2. SNWT 1995,c.25,s.4; SNWT 2009, c.12,s.11(4).

(1) A notice required to be sent under this Act or the regulations to a person who has been issued a certificate of title or to a lessee or an encumbrancee may be sent by registered mail to the most current mailing address for that person, lessee or encumbrancee shown on the records of the Registrar.

(2) A notice by a Registrar under this Act or the regulations that is sent in accordance with subsection (1) is a good and sufficient notice for the purposes of this Act. SNWT 2003,c.5,Sch.F,s.3; SNWT 2009,c.12,s.11(3); SNWT 2013,c.23,s.9(8).

(1) Subject to subsection (3), the execution of every instrument submitted for filing or registration under this Act must be witnessed.

(2) A witness to the execution of an instrument shall sign his or her name to the instrument as a witness and make an affidavit in the prescribed form.

(3) Subsection (1) does not apply to the following:

(4) An instrument executed by a corporation, notwithstanding anything to the contrary in the statute, constating documents, charter, memorandum of association or articles of association incorporating the corporation, is deemed to be sufficiently executed by the corporation for the purposes of this Act if the instrument is

SNWT 1995,c.25,s.5; SNWT 1998,c.5, s.18(3); SNWT 2009,c.12,s.11(5).

(1) Unless required to do so by order of a judge, and subject to subsection (2), no Registrar shall accept any instrument for filing or registration until the duplicate certificate of title that has been issued for the land affected by the instrument is produced to the Registrar.

(2) A duplicate certificate of title for the lands affected need not be produced where

SNWT 1998,c.5,s.18(4).

(1) A Registrar shall make, by any method the Registrar considers appropriate, a duplicate record of

(2) Where a duplicate record has been made of a document, instrument or caveat, the original document, instrument or caveat may be destroyed after such period of time as may be prescribed. SNWT 1995,c.25,s.6; SNWT 2013,c.23,s.9(6).

(1) Subject to subsection (2), a Registrar who has been requested to produce for inspection an instrument or caveat that has been filed or registered in the land titles office, shall produce the original or a duplicate record of the instrument or caveat for inspection.

(2) Where a person specifically requests the production of the original of an instrument or caveat, the Registrar shall, if the original has not been lost or destroyed, provide the original for inspection. SNWT 1995,c.25,s.7;SNWT 2003,c.5,Sch.F,s.6.

(1) A Registrar who has been requested to provide a certified copy of an instrument or caveat that has been filed or registered in the land titles office shall provide, under seal, a copy of the original or duplicate record of the instrument or caveat, certified by the Registrar to be a true copy of the original.

(2) A certified copy referred to in subsection (1) shall be received as evidence in the same manner and with the same effect as if the original instrument or caveat was produced. SNWT 1995,c.25,s.9; SNWT 2003,c.5,Sch.F,s.6.

(1) Where a Registrar is satisfied that a document, instrument or caveat has been destroyed or lost, the Registrar may create a substitute for or a copy of the document, instrument or caveat from the information contained in the records and duplicate records of the Registrar.

(2) Where a substitute for or a copy of the document, instrument or caveat is made under subsection (1), it has, without further proof, the same force and effect as the original document, instrument or caveat. SNWT 1995,c.25,s.10.

(1) On the application of a person having an interest in land affected by a document, instrument or caveat, the Supreme Court may make any order respecting the loss or destruction of the document, instrument or caveat that it considers appropriate where a Registrar

(2) An application under subsection (1) must be made by originating notice. SNWT 1995,c.25, s.10; SNWT 2013,c.23,s.9(9).

(1) A certificate of title must be in the prescribed form.

(2) A Registrar may cancel a certificate of title and duplicate certificate of title and issue a new certificate of title and duplicate certificate of title where the certificate of title is

(3) A Registrar shall not issue a duplicate certificate of title under subsection (2) where a duplicate certificate had not been issued in respect of a certificate of title cancelled under subsection (2).

(4) Where a Registrar cancels a certificate of title under subsection (2), the Registrar shall, at no cost, provide a certified copy of the new certificate of title to the owner. SNWT 1995,c.25,s.11.

(1) Where a Registrar registers a transfer for the fee simple estate in land, the Registrar shall cancel the certificate of title of the transferor and the duplicate certificate, if any, either wholly or partially pursuant to the transfer, and issue a new certificate of title in the name of the transferee.

(2) A Registrar issuing a certificate of title referred to in subsection (1) shall note on the certificate of title of the transferor, the number of the new certificate of title issued in the name of the transferee and, on the certificate of title of the transferee, the number of the certificate of title of the transferor.

(1) A Registrar who issues a certificate of title to an owner shall issue a duplicate certificate of title when the owner or agent of the owner requests, in writing, that a duplicate certificate be issued.

(2) A Registrar shall issue a duplicate certificate of title where a duplicate certificate has not been issued and the owner requests, in writing, that a duplicate certificate be issued.

(3) A Registrar may cancel a duplicate certificate of title

(4) A Registrar may cancel a duplicate certificate of title and issue a replacement duplicate certificate of title where it has become worn or damaged,

SNWT 1995,c.25,s.12; SNWT 2003,c.5,Sch.F, s.9; SNWT 2009,c.12,s.11(6).

(1) Every owner who is entitled to receive a certificate of title shall, if required by a Registrar, provide a sample of his or her signature.

(2) The Registrar may use the signature to detect any impersonation of the owner.

(1) On the application of an owner of several parcels of land held under separate certificates of title, or where the consolidation of certificates of title appears to a Registrar to be desirable, the Registrar may cancel the existing certificates of title and issue to the owner one or more certificates of title for all the parcels of land.

(2) On the application of an owner of several parcels of land held under one certificate of title, or where the separation of certificates of title appears to a Registrar to be desirable, the Registrar may cancel the existing certificate of title and issue to the owner two or more certificates of title for all the parcels of land.

(3) The Registrar shall enter on each certificate of title issued under subsection (1) or (2)

(1) On the application of an owner whose certificate of title has been partially cancelled or where such a course appears to a Registrar to be desirable, the Registrar may cancel the existing certificate of title and issue to the owner a new certificate of title for the land remaining on the cancelled certificate.

(2) The Registrar shall enter on the certificate of title issued under subsection (1)

(1) On production to a Registrar of an affidavit that describes the accidental loss or destruction of a duplicate certificate of title that has been made by

the Registrar shall enter a memorandum of the loss or destruction on the certificate of title to which the duplicate relates, and if the owner or the agent of the owner so requests, issue a replacement duplicate certificate of title.

(2) Where a Registrar receives an affidavit referred to in subsection (1), the Registrar may

(3) The Registrar may refuse to issue a replacement duplicate certificate if the Registrar receives any information that indicates that the duplicate is not lost or destroyed.

(4) The Registrar shall indicate on a duplicate certificate issued under this section that it is a replacement duplicate. SNWT 2003,c.5,Sch.F,s.10.

(1) A Minister having administration of territorial lands may, where a certificate of title is not issued for the territorial lands, apply to the Registrar to have a certificate of title issued under this Act.

(2) A Registrar who receives an application under subsection (1) shall issue a certificate of title in the name of Her Majesty in right of Canada or the Commissioner, as the case may be. SNWT 1995, c.25,s.13; SNWT 2003,c.5,Sch.F.,s.12.

(1) Where Her Majesty in right of Canada or the Commissioner is named as the owner on a certificate of title, the Minister having administration of territorial lands may apply to the Registrar to cancel the certificate of title for the territorial lands described in the certificate of title.

(2) A Registrar who receives an application under subsection (1), may cancel the certificate of title where there are no encumbrances or other interests registered against the certificate of title.

(3) The land described in a certificate of title that has been cancelled under subsection (2) is not subject to this Act except where

(4) An action for ejectment or damages under this Act with respect to the land described in a certificate of title that has been cancelled under subsection (2) is not affected by the cancellation of the certificate of title, the registration of a new grant or the registration of an application under section 57 for the land. SNWT 1995,c.25,s.14; SNWT 1998,c.5,s.18(5); SNWT 2003,c.5,Sch.F,s.14.

ENCUMBERED TERRITORIAL LANDS

(1) In the case of an application under subsection 57(1) or a lease of territorial lands for which a certificate of title is not issued, all documents filed or recorded in the property records of the Minister having administration of territorial lands may be submitted to the Registrar, notwithstanding that the documents do not otherwise comply with the requirements of this Act, if the documents are submitted in accordance with subsection 59.2(1) together with

(2) Where the Minister having administration of territorial lands is satisfied that a document filed or recorded in the property records of that Minister

that document or the subsequent document need not be submitted under subsection (1). SNWT 1995, c.25,s.15; SNWT 2003,c.5,Sch.F,s.15.

(1) Each document submitted together with an application or lease referred to in section 59.1 must be submitted as a caveat in the prescribed form signed by the Minister having administration of territorial lands.

(2) The documents submitted under subsection (1) and the lease, where the documents are submitted together with a lease referred to in subsection 59.1(1), must be submitted in the order in which they are filed or recorded on the property records of the Minister having administration of territorial lands.

(3) For the purposes of subsection (2), where the Minister having administration of territorial lands submits a lease and any amendment, assignment or transfer of the lease to be registered under subsection 107.1(3), the lease and the amendment, assignment or transfer shall be considered to have been filed or recorded together on the property records of the Minister at the time the original lease was filed or recorded.

(4) Where a document to be submitted as a caveat under subsection (1) purports to be a discharge or withdrawal, in whole or in part, of another document, the caveator shall be identified in the caveat as "the owner of the land against which the caveat is registered".

(5) Where a document to be submitted as a caveat under subsection (1) is an order of the Supreme Court in which an estate or interest in land vests in a person, absolutely or conditionally, that person shall be named in the caveat as the caveator.

(6) On receipt of an application or lease referred to in section 59.1 and one or more caveats submitted in accordance with this section, the Registrar shall register the application or lease and the caveats. SNWT 1995,c.25,s.15; SNWT 2013, c.23,s.9(11),(12).

(1) The interest, if any, that a person named as a caveator in a caveat registered under section 59.2 has in the land and the priority of the interest as against the interest of all other persons, whether the interests of other persons are registered or not, is the same after the registration of the caveat as before the registration of the application or lease.

(2) A memorandum that is inscribed on a lease of territorial lands by the Minister having administration of territorial lands and that is in respect of the filing or recording of a document on the property records of the Minister, is of no force or effect after the lease and a caveat in respect of the document are registered under subsection 59.2(6).

(3) The validity of the claim of a person named as a caveator in a caveat registered under section 59.2 is not affected where the caveat is registered at a time when the name of the caveator has changed.

(4) Where a caveat is registered in accordance with sections 59.1 and 59.2, no action lies against a Registrar, the assurance fund, Her Majesty in right of Canada, the Commissioner or a Minister having administration of territorial lands in respect of the submission or registration of the caveat. SNWT 1995,c.25,s.15; SNWT 2003,c.5, Sch.F,s.16.

(1) The owner of land for which a certificate of title has been issued, except in the case of a fraud in which the owner has participated or colluded, holds the land subject, in addition to the incidents implied by virtue of this Act, to the encumbrances, liens, estates or interests that are notified on the certificate of title for the land, but absolutely free from all other encumbrances, liens, estates or interests, except the estate or interest of an owner claiming the same land under a prior certificate of title issued under this Act.

(2) Such priority shall, in favour of any person in possession of land, be computed with reference to the grant or earliest certificate of title under which the person or any person through whom that person derives title, has held that possession. SNWT 2013,c.23,s.9(14).

(1) No memorandum or entry may be made on a certificate of title of a notice of a trust, whether expressed, implied or constructive, except to identify the person named on the certificate as

(2) A Registrar shall treat any instrument containing notice of a trust as if there were no trust except for the purpose of identifying the person named on the certificate as an executor, an administrator, a person representing the estate of a person under a legal disability or a trustee under subsection (1).

(3) Trustees named in an instrument are deemed to be the absolute and beneficial owners of the land for the purposes of this Act. SNWT 2009,c.12,s.11(7); SNWT 2013,c.23,s.9(15).

(1) On the transfer of land for which a certificate of title has been issued to two or more persons as joint owners to be held by them as trustees, the transferor may insert in the transfer the words "No Survivorship" and the Registrar who accepts the transfer shall include those words in the certificate of title issued to the owners pursuant to the transfer.

(2) Any two or more persons registered as joint owners of any land held by them as trustees may, in writing, authorize the Registrar to enter the words "No Survivorship" on their certificate of title.

(3) After the words "No Survivorship" have been entered on a certificate of title under subsection (1) or (2) and that notation has been signed by the Registrar, it is not lawful for any less number of joint owners than the number on the certificate of title to transfer or otherwise deal with the land, without obtaining an order of a judge.

(4) The proceedings to obtain the sanction of a judge may be commenced by originating notice. SNWT 2003,c.5,Sch.F,s.19.

(1) Before making an order referred to in subsection 73(3), the judge may

(2) The judge may order the transfer of the land to any new owner or owners, solely or jointly with or in the place of any existing owner or owners, or may make any order that the judge thinks just, for the protection of the persons beneficially interested in the land or in the proceeds of the land.

(3) Upon a memorandum of the order being made on the certificate of title, the persons named in the order are the owners of the land.

(1) In this section,

"interest" includes any estate or interest in land; (intérêt)

"owner" means

(2) Notwithstanding any rule of law or equity to the contrary, a person contracting or dealing with or taking or proposing to take a transfer, mortgage, encumbrance, lease or other interest from an owner is not, except in the case of fraud by that person,

(3) The knowledge of a person that any trust or interest not registered by instrument or caveat is in existence shall not of itself be imputed as fraud.

(4) Subsections (1) to (3) are deemed to have been in force since July 19, 1993, and to apply to every certificate of title, filing, registration and memorandum deemed by section 196 of this Act to be a certificate of title, filing, registration or memorandum under this Act.

(5) Subject to sections 36, 37, 37.1 and 49 of the Personal Property Security Act, a person contracting or dealing with or taking or proposing to take a transfer, mortgage, encumbrance, lease or other interest from an owner, is not, except in the case of fraud by that person,

(6) The knowledge that a financing statement is registered under the Personal Property Security Act shall not of itself be imputed as fraud. SNWT 1994,c.8,s.80(4); SNWT 1995,c.25, s.16; SNWT 1998,c.5,s.18(7); SNWT 2013, c.23,s.9(16).

(1) Subject to subsection (2), where land, for which a certificate of title has been issued, is intended to be transferred, or any right-of-way or other easement affecting that land is intended to be created or transferred, the owner shall execute a transfer in the prescribed form.

(2) Where the owner referred to in subsection (1) is Her Majesty in right of Canada or the Commissioner, Her Majesty or the Commissioner may submit a grant that has been properly executed.

(3) A transfer referred to in subsection (1) must

(3.1) An owner may transfer a right-of-way, restrictive covenant or other easement to himself or herself and that right-of-way, restrictive covenant or easement may be registered under this Act.

(3.2) Where dominant and servient tenements are registered in the name of the same person, a right-of- way, restrictive covenant or easement referred to in subsection (3.1) is not merged by reason of the common ownership.

(4) For the purposes of this section, "easement" includes a utility easement, that is to say a right, expressed or intended to be capable of assignment whether or not expressed to be appurtenant to or for the benefit of other land, that is derived other than as a natural right of ownership of the freehold in land

SNWT 1995,c.25,s.17.

(1) No words of limitation are necessary in any transfer of land in order to transfer all or any title in the land, but every instrument transferring land operates as an absolute transfer of all such right and title that the transferor has in the land at the time of its execution, unless a contrary intention is expressed in the transfer.

(2) Nothing in subsection (1) precludes any transfer from operating by way of estoppel.

(3) The introduction of any words of limitation into any transfer or devise of any land, has the same force and meaning, as the same words of limitation would have if used by way of limitation of any personal estate.

(1) The owner of a utility easement as defined in subsection 76(4) or the person who has the benefit of any other type of easement may submit to the Registrar a surrender of easement in the prescribed form.

(2) The Registrar shall not accept a surrender of an easement unless a consent to the surrender signed by the owner of each encumbrance against the easement is submitted with the surrender.

(3) On the registration of a surrender of easement, the easement is extinguished and the Registrar may cancel any certificate of title and duplicate certificate for the easement. SNWT 2003,c.5,Sch.F,s.21.

(1) A Registrar may require the owner of an estate or interest in land that is less than a lot or other parcel created by a plan of survey that has been filed or registered, who has submitted a transfer or other dealing for all of that land to provide the Registrar with a plan of survey or a descriptive plan, as specified by the Registrar, for the land described in the instrument.

(2) The Registrar may refuse to register the transfer or other dealing by the owner until the plan specified under subsection (1) is submitted to the Registrar.

(1) A Registrar may notify an owner of an estate or interest in land that is less than a lot or other parcel created by a plan of survey that has been filed or registered, that unless the owner submits a plan of survey or a descriptive plan, as specified by the Registrar, for all of that land, the Registrar will not accept a transfer or other dealing by the owner for all of that land.

(2) Where a Registrar gives notice to an owner under subsection (1), the Registrar shall make a memorandum of the notice on the certificate of title for the land described in the notice.

(1) A Registrar may, at any time, withdraw the requirement to submit a plan referred to in section 81.

(2) A Registrar who withdraws the requirement to submit a plan shall

(1) The Registrar may, on notice to the registered owner to whom a certificate of title is issued, cause to be prepared and register a descriptive plan that illustrates the current boundaries of a parcel of land described in a certificate of title.

(2) A plan prepared under subsection (1) must

(3) Upon the registration of a descriptive plan under subsection (1), the boundaries of a parcel as shown on the plan become the boundaries for that parcel, replacing the previous description of the boundaries for all purposes, and the Registrar shall

SNWT 2003, c.5,Sch.F,s.24.

(1) Subject to subsection (2), a Registrar shall not accept a transfer of

for which a certificate of title has been issued, where the land description in the transfer describes a parcel of land that is

(2) Subsection (1) does not apply to a transfer or two or more transfers submitted at the same time where the transfer or transfers, if registered, convey

(1) A plan of survey referred to in section 88 must

(2) Notwithstanding paragraphs (1)(c) and (d), a plan of survey referred to in section 88, where transfers are submitted with the plan under paragraph 89(a) or (b), need not be signed by a person who has filed a notice under section 49 of the Personal Property Security Act. SNWT 1994,c.8,s.80(5); SNWT 2003,c.5,Sch.F.,s.26; SNWT 2011, c.22,s.86(2).

(1) Where an owner, lessee or encumbrancee whose signature is required on a plan of survey refuses to sign the plan, the owner who directed the plan to be prepared, may apply, by originating notice, to a judge for an order dispensing with the requirement that the owner, lessee or encumbrancee sign the plan.

(2) An owner, lessee or encumbrancee is deemed to have refused to sign a plan of survey where the owner who directed the plan to be prepared

(3) A judge may grant an order dispensing with the signature of the owner, lessee or encumbrancee where the judge is satisfied that the signature is being unreasonably withheld or for other grounds that the judge considers appropriate. SNWT 2009,c.12, s.11(3),(10).

(1) Where a natural boundary of a parcel of land changes or no longer exists as a result of accretion, erosion or other natural occurrence, the owner of the land may submit to the Registrar

(2) A plan of survey referred to in paragraph (1)(b) shall be accompanied by

(3) A plan of survey referred to in this section must

(4) When a plan of survey is registered under this section, the Registrar shall cancel the existing certificate of title and issue a new certificate of title for the parcel as shown on the plan.

(5) Upon the registration of a plan under this section, the boundaries of each parcel as shown on the plan become the boundaries of the parcel, replacing the original boundaries for all purposes. SNWT 2003, c.5,Sch.F,s.27.

(1) This section does not apply to

(2) A Registrar shall not accept a dealing by an owner of land whose interest has been registered on a certificate of title where the land description in the dealing describes a parcel of land that is

unless the Registrar approves of a land description in the dealing that refers to a lot or other parcel created by

(1) A Registrar shall not accept for registration against a certificate of title an encumbrance that does not require the signature of the owner against whose interest the encumbrance is proposed to be registered, where the land description in the encumbrance describes a parcel of land that is

(2) A Registrar shall not accept for filing a builders’ lien against land for which there is no certificate of title where the land description in the lien describes a parcel by metes and bounds. SNWT 2023,c.24,s.95(2).

(1) Subject to subsection (2), a Registrar shall not accept an instrument or caveat for registration against a certificate of title where the land description in the instrument or caveat does not refer to the plan used in the land description in the certificate of title or a plan registered against the certificate of title.

(2) Subsection (1) does not apply to

(1) A Registrar may, with respect to any plan submitted under this Act, correct on the plan, any omission, clerical error or other defect in the plan that does not have the effect of changing any boundary shown on the plan.

(2) Where a Registrar makes a correction under subsection (1), the Registrar shall send a notice of the correction to the Surveyor General or the agent of the Surveyor General and any owner that the Registrar believes would be interested in the correction.

(1) On the application of a Registrar, the Surveyor General, a Canada Lands Surveyor or any person having an interest in land affected by a plan submitted under this Act, a judge may, after hearing all persons concerned, order the plan to be

(2) An order granted under subsection (1) may be on terms and conditions as to costs and other matters that the judge considers proper.

(3) A Registrar who registers an order referred to in subsection (1) shall send a notice of the order to the Surveyor General or the agent of the Surveyor General, and to any owner that the Registrar believes is affected by the order. SNWT 2013,c.23,s.9(20).

(1) Where land, for which a certificate of title has been issued, is intended to be leased or demised for a life or lives, or for a term of more than three years, the owner shall execute a lease in the prescribed form.

(2) A lease referred to in subsection (1) must

(1) This section applies to a lease of territorial lands where

(2) The Minister having administration of territorial lands may submit a lease and any amendment, assignment or transfer of the lease to the Registrar.

(3) A Registrar may register and deal with the lease and any amendment, assignment or transfer of the lease as if they together comprised one document, notwithstanding that one or more of the documents do not comply with the other provisions of this Act, where

(4) Nothing in this section affects the rights and obligations of the parties to each document as between the parties.

(5) Where the land in a lease referred to in subsection (1) is described by reference to a provisional plan of survey and the lease has not been amended to describe the land by reference to a plan of survey that has been registered, the Registrar may accept the lease for registration under subsection (3) if the Registrar is satisfied that the land described by reference to the provisional plan of survey is the same as the land shown on a plan of survey which has been registered.

(6) Where a lease or an amendment, assignment or transfer of a lease has been executed by an attorney for one of the parties to the document, the Registrar may file the power of attorney in the general register.

(7) Where a lease and an assignment or transfer of the lease are registered under subsection (3), the interest of a person taking an interest in land from an assignor or transferor of the lease is not invalid by reason of the fact that the lease and assignment or transfer of the lease are registered as if they together comprised one document.

(8) A memorandum that is inscribed by the Minister having administration of territorial lands on a lease of territorial lands and that is in respect of an amendment, assignment or transfer of the lease filed or recorded on the property records of the Minister is of no force or effect after the lease is registered under subsection (3).

(9) The fees payable on the filing of one or more documents that a Registrar may register as if they comprised one document shall be calculated as if each document was registered as a separate document. SNWT 1995,c.25,s.20; SNWT 2003,c.5,Sch.F, s.35.

(1) A right of the lessee to purchase the land described in the lease may be stipulated in the lease.

(2) Where the lessee

the lessor is bound to execute a transfer to the lessee of the land and to perform all necessary acts set out by this Act for the purpose of transferring the land to the purchaser.

(1) On the Registrar being satisfied of lawful re- entry and recovery of possession of the land described in a registered lease through a legal proceeding by a lessor, or the successor of the lessor in law, the Registrar shall make a memorandum of the recovery of possession on the certificate of title affected by the lease, and the estate of the lessee in that land immediately terminates.

(2) The termination of the estate does not release the lessee from liability in respect of the breach of any covenant in the lease, expressed or implied.

(3) The Registrar shall cancel a lease that is the subject of a memorandum referred to in subsection (1), if the lease is delivered to him or her for that purpose. SNWT 2003,c.5,Sch.F,s.36; SNWT 2013,c.23, s.9(21).

(1) Where, in a lease made under this Act, the words in column one of Schedule A, and distinguished by any number in column one, are used, the lease has the same effect and shall be construed as if there had been inserted in the lease the words contained in column two of Schedule A, and distinguished by the same number, but it is not necessary in a lease to insert any words or number from Schedule A.

(2) Words that are construed to be in a lease by subsection (1) are deemed to be a covenant by the covenantor with the covenantee and the transferees of the covenantee, binding the covenantor and the heirs, executors, administrators and transferees of the covenantor.

(3) There may be introduced into or annexed to any of the words in the first column of Schedule A exceptions from or qualifications of the words, and the exceptions or qualifications apply to the corresponding words in the second column of Schedule A. SNWT 2009,c.12,s.11(7).

(1) The lessee of a lease who intends to surrender the lease, other than through the operation of a surrender in law, may submit to the Registrar a surrender of the lease in the prescribed form.

(2) The Registrar shall not accept a surrender of a lease unless a consent to the surrender signed by the lessor, or the successor of the lessor in law, and the owner of each encumbrance against the lease is submitted with the surrender.

(3) On the registration of a surrender of lease, the estate or interest of the lessee in the land vests in the lessor, or the successor of the lessor in law, and the Registrar may cancel any certificate of title and duplicate for the estate or interest of the lessee. SNWT 2003,c.5,Sch.F,s.37.

(1) Where land, for which a certificate of title has been issued, is intended to be charged or made security in favour of a mortgagee, the mortgagor shall execute a mortgage in the prescribed form.

(2) Where land, for which a certificate of title has been issued, is intended to be charged with or made security for the payment of an annuity, rent charge or sum of money, in favour of an encumbrancee, the encumbrancer shall execute a special encumbrance in the prescribed form.

(3) A mortgage referred to in subsection (1) and a special encumbrance referred to in subsection (2) must

(1) Where, in a mortgage made under this Act, the words in column one of Schedule B, and distinguished by any number in column one, are used, the mortgage has the same effect and shall be construed as if there had been inserted in the mortgage the words contained in column two of Schedule B, and distinguished by the same number, but it is not necessary in a mortgage to insert any words or number from Schedule B.

(2) Words that are construed to be in a mortgage by subsection (1) are deemed to be a covenant by the covenantor with the covenantee and the transferees, of the covenantee, binding the covenantor and the heirs, executors, administrators and transferees of the covenantor.

(3) There may be introduced into or annexed to any of the words in the first column of Schedule B exceptions from or qualifications of the words, and the exceptions or qualifications apply to the corresponding words in the second column of Schedule B. SNWT 2009,c.12,s.11(7).

(1) A person may apply to the Registrar to file a standard form mortgage with the Registrar.

(2) A standard form mortgage submitted for filing under subsection (1) must contain the terms of the mortgage other than

(3) When the Registrar considers that the form and terms of the standard form mortgage are acceptable, the Registrar shall file the standard form mortgage and advise the applicant of the filing. SNWT 2003,c.5,Sch.F,s.39.

(1) For the purposes of using a standard form mortgage the following applies:

(2) A mortgage completed and executed under this section has the same force and effect as if the mortgage had set out the actual terms contained in the standard form mortgage filed with the Registrar under section 117.1 as varied by any deletions from, or amendments or additions to, the terms of the standard form mortgage. SNWT 2003,c.5,Sch.F,s.39.

(1) On

the Registrar shall make a memorandum on the certificate of title noting that the mortgage or special encumbrance is discharged wholly or partially, or that part of the land is discharged wholly or partially, as the case may be.

(2) On a memorandum referred to in subsection (1) being made, the land or the portion of the land referred to in the memorandum ceases to be subject to or liable for the principal sum or annuity, or, as the case may be, for the part of the principal sum or annuity mentioned in the memorandum as discharged. SNWT 2003,c.5,Sch.F,s.40; SNWT 2013,c.23, s.9(13),(22).

(1) On proof

the Registrar shall, on the order of a judge, make a memorandum on the certificate of title, that the annuity or sum of money is satisfied and discharged.

(2) On a memorandum referred to in subsection

(1) being made, the land ceases to be subject to or liable for the annuity or sum of money. SNWT 2003,c.5,Sch.F,s.41.

(1) Where

a judge, on application and proof of the facts and of the amount due for principal and interest under the mortgage, may direct the payment of the mortgage money, with all arrears of interest then due, into a bank having a branch office in the district in which the mortgage is registered, to the credit of the mortgagee or other person entitled to the mortgage money.

(2) On payment of the mortgage money with all arrears of interest then due into a bank under subsection (1), the interest on the mortgage ceases to run or accrue. SNWT 2009,c.12,s.11(2).

(1) The Registrar shall make a memorandum on the certificate of title discharging the mortgage on presentation of

(2) A memorandum referred to in subsection (1) is a valid discharge of the mortgage.

(3) The Registrar shall send a notice of the discharge to the mortgagee when presented with the order and receipt referred to in subsection (1).

(4) After the payment of any mortgage money and interest referred to in subsection (1), the mortgagee shall not recover any further sum in respect of the mortgage other than the amount so paid. SNWT 2003,c.5,Sch.F,s.42.

TRANSFER OF MORTGAGES, SPECIAL

(1) Mortgages, special encumbrances and leases of land for which a certificate of title has been issued must be transferred by a transfer executed in the prescribed form.

(2) A Registrar shall register a transfer referred to in subsection (1) in the same manner as mortgages, special encumbrances and leases are registered.

(3) A transferee, whose transfer of mortgage, special encumbrance or lease has been registered, has priority according to the time of registration of the mortgage, special encumbrance or lease that has been transferred.

(1) A mortgagee may transfer a part of the sum secured by the mortgage and the part so transferred continues to be secured by the mortgage, and may be given priority over the remaining part or may be deferred, or may continue to rank equally with it under the security of the original mortgage, as stated in the transfer.

(2) The Registrar shall enter on the certificate of title a memorandum of the amount of the mortgage so transferred, the name of the transferee, and how the sum so transferred is to rank, and shall notify the mortgagor of these facts. SNWT 2003, c.5, Sch.F,s.42.

(1) On the registration of a transfer of any mortgage, special encumbrance or lease, the estate or interest of the transferor, as set out in that instrument, with all rights, powers and privileges belonging or appertaining to the transferor, passes to the transferee, and the transferee becomes subject to and liable for all of the requirements and liabilities to which the transferee would have been subject and liable if named in that instrument.

(2) By virtue of the registration of a transfer of a mortgage, special encumbrance or lease, the right to sue on the mortgage, special encumbrance or lease that is transferred and to recover any debt, sum of money, annuity or damages under that mortgage, special encumbrance or lease, and all interest at the time of the transfer in any such debt, sum of money, annuity or damages, transfers so as to vest those rights and that interest in law in the transferee.

(3) Nothing in subsection (2) prevents a judge from giving effect to any trusts affecting the debt, sum of money, annuity or damages, where the transferee holds the mortgage, special encumbrance or lease as trustee for any other person.

(1) Where a person, by executing a power of attorney, authorizes and appoints any person to act for or on behalf of the person with respect to the transfer or other dealing with land, in accordance with this Act, the power of attorney may be filed in a land titles office.

(2) A Registrar shall not make a memorandum of any power of attorney on a certificate of title.

(3) The execution or filing of a power of attorney does not in any way affect the right of the owner of any land subject to the power of attorney to transfer or otherwise deal with that land. SNWT 2001, c.15,s.28(2),(3).

(1) Where a power of attorney filed in a land titles office is

a Registrar may file the revocation or a notice of the termination in the general register if the Registrar is satisfied that the revocation or notice contains a description of the power of attorney that is sufficient to identify it.

(2) A notice of the termination of a power of attorney submitted for filing under subsection (1) must be accompanied by evidence, satisfactory to the Registrar, that the power of attorney has been terminated.

(3) After the filing of a revocation or a notice of the termination of a power of attorney, a Registrar shall not accept a transfer or other instrument signed by the attorney in accordance with that power of attorney after the execution of the revocation or the date of termination specified in the notice. SNWT 2001,c.15,s.28(4).

(1) Where

dies, the personal representative of the owner or encumbrancee shall, before dealing with the land, interest or encumbrance, make a transmission application, in the prescribed form, to be registered as owner of the land, interest or encumbrance in the capacity of personal representative and that application must be verified by affidavit in the prescribed form by the applicant or someone on behalf of the applicant.

(2) The applicant shall produce to the Registrar at the time of making the application

(1) Upon a Registrar making a memorandum of a transmission application in respect of a deceased encumbrancee or a deceased owner whose interest has been registered on a certificate of title, the personal representative is deemed to be the owner of the encumbrance or interest.

(2) The memorandum must state that the personal representative as the executor or administrator of the estate of the encumbrancee or deceased owner, is the owner of the encumbrance or interest. SNWT 2009, c.12,s.11(10).

(1) A personal representative who is registered in place of a deceased owner or encumbrancee, holds the land, interest or encumbrance in respect of which the representative is deemed to own, on the trusts and for the purposes that apply by this Act or by law, and subject to any trusts and equities on which the deceased owner or encumbrancee held the land, interest or encumbrance.

(2) For the purpose of any registered dealings in any land, interest or encumbrance registered in the name of a personal representative, the personal representative is deemed to be the absolute and beneficial owner of the land, interest or encumbrance. SNWT 2009,c.12,s.11(10).

(1) Any person beneficially interested in any land, interest or encumbrance registered in the name of a personal representative, may apply to a judge to have the land, interest or encumbrance taken out of the hands of the personal representative and transferred to some other person.

(2) The judge, on reasonable cause being shown, may name a suitable person to replace the personal representative and on the person so named accepting the appointment as personal representative and giving approved security for the due fulfillment of the trusts, the judge may, by order, direct the Registrar,

(3) On the Registrar complying with the terms of an order referred to in paragraph (2)(a) or (b), the person named as the new personal representative is deemed to be the owner of the land, interest or encumbrance, as the case may be. SNWT 2003,c.5, Sch.F,s.43; SNWT 2009,c.12,s.11(10).

(1) On the death of an individual or the dissolution of a corporation that is an owner of

as a joint tenant with another owner, the surviving owner may make an application in the prescribed form to the Registrar to be registered as the sole owner of the land, mortgage or special encumbrance.

(2) The application must be signed by the surviving owner and be accompanied with proof, satisfactory to the Registrar, of the death of the individual or the dissolution of the corporation, as the case may be.

(3) On the surviving owner submitting an application that meets the requirements of subsection (2), the Registrar shall

(4) On the registration of an application under subsection (3), the interest of the deceased owner or dissolved corporation in the land, mortgage, or special encumbrance is extinguished. SNWT 2003, c.5, Sch.F,s.44.

(1) A Registrar shall accept for filing a writ of execution or other writ against land that is in force and that has been certified by the Sheriff under the seal of the Sheriff to have been filed in the office of the Sheriff.

(2) No land in any district is bound by a writ until a copy of the writ referred to in subsection (1) is filed in the land titles office for that district.

(3) From and after the filing of the copy of a writ referred to in subsection (1) in a land titles office, no certificate of title shall be issued in that office and no instrument executed by the execution debtor submitted for registration in that office is effectual, except subject to the rights of the execution creditor, while the writ is in force.

(4) On issuing a certificate of title to and on registering any instrument executed by the execution debtor, the Registrar shall make a memorandum on the certificate of title, noting that the certificate or instrument is subject to the writ. SNWT 2003, c.5,Sch.F,s.45.

(1) Every writ filed in a land titles office ceases to bind or affect land on the expiration of five years after the date of filing unless a renewal of the writ is filed with the Registrar before the expiration of the filing and in the same manner as the original writ is required to be filed. SNWT 2003, c.5, Sch.F, s.46; SNWT 2009,c.12,s.11(13).

(2) Repealed, SNWT 2009,c.12,s.11(13).

(1) On the delivery to a Registrar of

with respect to all the land affected by the writ or a portion of that land, the Registrar shall make

(2) Where the Registrar makes a memorandum or a notation under subsection (1), the land or portion of land affected by the certificate or order is absolutely released and discharged from the writ.

(1) No sale by the Sheriff under process of law, of any land for which a certificate of title has been issued, is of any effect until the sale has been confirmed by a judge.

(2) If a sale is confirmed under subsection (1), the Registrar shall, four weeks after receiving the order of a judge confirming the sale and a transfer in the prescribed form, register the order and transfer unless the registration is stayed by order of a judge.

(3) Where the registration of the transfer has been stayed, the Registrar may only register the transfer in accordance with the terms of an order of a judge. SNWT 2003,c.5,Sch.F,s.47; SNWT 2013, c.23,s.9(23),(24).

(1) A transfer referred to in subsection 140(2) must be registered within two years of the date of the order of confirmation.

(2) The transfer, if not registered within the period referred to in subsection (1), ceases to be valid as against the owner of the land so sold and any person claiming by, from or through that person.

(1) The application for confirmation of a sale referred to in subsection 140(2) may be made by the Sheriff or other officer making the sale, or by any person interested in the sale, on notice to the owner, unless the judge to whom the application is made, dispenses with that notice.

(2) If the sale is confirmed, the costs of confirmation shall be borne and paid out of the purchase money or as the judge directs.

(3) In case the sale is not confirmed, the purchase money paid by the purchaser shall be refunded to the purchaser, and the judge may make an order as to the costs of all parties to the sale and of the application for its confirmation that the judge thinks just.

(1) A caveat referred to in section 143 must be

(2) An agent of the caveator may execute a caveat and the affidavit verifying the claim of the caveator.

(1) A caveator may transfer the caveat by executing a transfer of caveat in the prescribed form.

(2) On receipt of a transfer of caveat, the Registrar shall register the transfer of caveat in the same manner as mortgages, special encumbrances and leases are registered.

(3) On the registration of a transfer of a caveat, the transferee

SNWT 1995,c.25,s.21; SNWT 2003, c.5,Sch.F,s.49.

(1) An owner or other person claiming land that is subject to a caveat may, by summons, call on a caveator to attend before a judge to show cause why the caveat of the caveator should not be withdrawn.

(2) The judge may, on proof that the caveator has been summoned and on the evidence that the judge requires, make an order that the judge considers proper.

(1) An owner or other person claiming land that is subject to a caveat, other than a caveat of a Registrar referred to in section 145, may send by registered mail to the current mailing address for the caveator as shown on the records of the Registrar, or otherwise serve on the caveator, a notice in the prescribed form setting out that the caveat may lapse unless, within 90 days from the day on which the notice was mailed or served,

(2) A notice referred to in subsection (1) may only be sent by registered mail to the current mailing address shown on the records of the Registrar of a person named as a caveator in a caveat registered under section 59.2 if the Registrar is satisfied that service by this means and at this address will be effective. SNWT 2003,c.5,Sch.F,s.50; SNWT 2009, c.12,s.11(3).

(1) A Registrar shall make a memorandum on a certificate of title stating that a caveat has lapsed where

(2) On the Registrar making a memorandum under subsection (1), the caveat referred to in the memorandum is of no force or effect. SNWT 2003, c.5,Sch.F,s.51.

(1) A caveator, including a Registrar with respect to a caveat of a Registrar, may, by notice to the Registrar in the prescribed form, withdraw his or her caveat at any time.

(2) An agent of a caveator may execute a withdrawal of caveat.

(3) Subsection (2) does not apply to a caveat registered under section 59.2. SNWT 1995,c.25, s.23.

(1) A caveator who has submitted his or her caveat wrongfully and without reasonable cause is liable to make compensation, including costs, to any person who has sustained damage by the registration of the caveat.

(1.1) Subsection (1) does not apply to a person named as a caveator in a caveat registered under section 59.2.

(1.2) A person named as a caveator in a caveat registered under section 59.2 is liable to make compensation, including costs, to any other person who has sustained damage by the registration of the caveat where the person named as the caveator

(2) The compensation, with costs, may be recovered by proceedings at law.

(3) If proceedings have been taken to have a caveat withdrawn or to establish the claim of a caveator, the compensation and costs referred to in subsection (1) shall be determined by the judge acting in the same proceedings. SNWT 1995, c.25,s.24.

(1) A person named in an instrument or caveat that has been filed or registered, whose name has changed, may apply in the prescribed form to the Registrar to have any memorandum or certificate of title referring to that person changed to reflect the new name.

(2) The application must contain evidence, satisfactory to the Registrar, that the change of name is recognized in law. SNWT 2003,c.5,Sch.F,s.53.

(1) Subject to subsection (5) and any exception provided for in the regulations, before a Registrar

the Registrar shall demand and receive the amount payable under subsection (2) or (3) or the prescribed fee, as the case may be, for the performance of the duty or for the filing or registration.

(2) The amount payable to the Registrar for the registration of a transfer, transmission application, vesting order, notice of vesting and Crown grant in respect of land for which a certificate of title has been issued is

(3) The amount payable to the Registrar for the registration of a mortgage, special encumbrance and caveat in which the estate or interest claimed is a mortgage, is $1.50 for each $1,000 or part thereof of the amount secured by the mortgage, special encumbrance or caveat, subject to a prescribed minimum fee.

(4) If the amount secured by a mortgage, special encumbrance or caveat exceeds the value of the land secured by the mortgage, special encumbrance or caveat, the amount payable under subsection (3) shall be calculated based on the value of the land.

(5) A Registrar may

SNWT 2003,c.5,Sch.F,s.54; SNWT 2019,c.21, s.7(2),(3),(4).

(1) Where the amount payable under subsection 156(2) or (3) is based on the value of the land, the value shall be ascertained by the affidavit of the applicant, owner or person acquiring the land or of such other person as the Registrar believes to be acquainted with the value of the land and whose affidavit the Registrar is willing to accept.

(2) If the Registrar is not satisfied as to the correctness of the value set out in the affidavit, the Registrar may require the applicant, owner or person acquiring the land to produce a certificate of the value, under the signature of a sworn valuator appointed by a judge.

(3) The certificate referred to in subsection (2) is conclusive evidence of the value of the land for the purpose of calculating fees. SNWT 2003, c.5, Sch.F,s.55.

(1) The assurance fund is established.

(2) Money in the assurance fund is to be used to compensate owners and other persons identified in this Act for damages suffered in the situations described in this Act.

(3) The assurance fund is a special purpose fund as defined in the Financial Administration Act.

(4) The Minister of Finance shall invest money standing to the credit of the assurance fund in certificates, securities and investments described in paragraphs 51(1)(a) to (d) of the Financial Administration Act.

(5) The Minister of Finance may dispose of certificates, securities and investments referred to in subsection (4).

(6) Interest on money invested under subsection (4) forms part of the assurance fund.

(7) No person shall make a disbursement from the assurance fund except in accordance with this Act and the Financial Administration Act. SNWT 2003, c.5,Sch.F,s.56; SNWT 2015,c.13,s.156.

(1) The assurance fund is not, under any circumstances, liable for compensation for any loss, damage or deprivation occasioned by

unless it is proved that the person liable for compensation and damages is dead, has absconded from the Northwest Territories or has been adjudged insolvent, or the Sheriff has certified that the Sheriff is not able to realize the full amount and costs awarded in any action for such compensation.

(2) The assurance fund is liable only for the amounts that the Sheriff fails to recover from the person liable for compensation referred to in subsection (1). SNWT 2009,c.12,s.11(2).

(1) Whenever an amount has been paid out of the assurance fund on account of a person, the amount may be recovered from that person, or if that person is dead, from the estate of that person, by an action in the name of a Registrar.

(2) In an action referred to in subsection (1), a certificate signed by the Minister of Finance of the payment out of the assurance fund is sufficient proof of such debt.

(1) Where an amount has been paid out of the assurance fund on account of a person who

a judge may, on the production of a certificate signed by the Minister of Finance stating that the amount has been paid in satisfaction of a judgment against a Registrar as nominal defendant and on proof of service of the writ, allow the Registrar to immediately sign judgment against that person for the amount so paid out of the assurance fund, together with the costs of the application.

(2) The judgment referred to in subsection (1) is final subject only to the right to have the judgment opened up on the same grounds as the grounds for setting aside a judgment by default.

(3) The judgment shall be signed in the same manner as a final judgment by default in an adverse action and execution may issue immediately. SNWT 2009,c.12,s.11(2).

(1) No action of ejectment or other action for the recovery of any land for which a certificate of title has been issued lies or shall be sustained against the owner of the land under this Act, except in the case of

(2) Except in the case of claims referred to in paragraphs (1)(a) to (f), the production of the certificate of title or a certified copy of the certificate of title is an absolute bar and estoppel to any such action of ejectment or other action for the recovery of land against a person named in a certificate of title as owner or lessee of the land described in the certificate.

(1) After a certificate of title has been issued for any land, any person deprived of the land

may,

bring and prosecute an action at law for the recovery of damages against the person on whose application the erroneous registration was made or who acquired title to the land in question through such fraud, error, omission or misdescription.

(2) Except in the case of

such person, on a transfer of such land bona fide for value, ceases to be liable for the payment of any damages that but for the transfer might have been recovered from him or her under this Act.

(3) Damages, with costs, may, in the case described in subsection (2), be recovered out of the assurance fund provided for in this Act, by action against the Registrar as nominal defendant. SNWT 2003,c.5,Sch.F,s.58.

(1) Where the person against whom the action for damages is directed to be brought under section 164 is dead or cannot be found within the Northwest Territories, an action for damages may be brought against the Registrar as nominal defendant for the purpose of recovering the damages and costs out of the assurance fund.

(2) If final judgment in an action brought under subsection (1) against a Registrar is recovered, and also in any case in which damages are awarded in any action referred to in section 164, and the Sheriff makes a return of nulla bona, or certifies that any portion of the damages, with costs awarded, cannot be recovered from such person, the Minister of Finance, on receipt of a certificate of the judge before whom the action was tried, shall pay the amount of the damages and costs as are awarded, or the unrecovered balance of the damages and costs, as the case may be, and shall charge the payment to the account of the assurance fund. SNWT 2003,c.5,Sch.F,s.60; SNWT 2009, c.12,s.11(2).

(1) Any person

may, in any case in which an action for the recovery of damages, provided in this Act, is barred, bring an action against the Registrar as nominal defendant, for the recovery of damages.

(2) Where the plaintiff recovers final judgment against the Registrar as nominal defendant, the Minister of Finance shall pay the amount of the damages and costs awarded under the judgment out of the assurance fund to the person entitled on production of a certified copy of the judgment.

(3) Notice in writing of every action referred to in subsection (1), and the cause of the action, shall be served on the Registrar who is named as nominal defendant at least 90 days before the commencement of the action. SNWT 2003,c.5,Sch.F,s.61; SNWT 2014,c.31,s.8(4).

(1) Where in an action against the Registrar referred to in section 167, judgment is given against the plaintiff, or the plaintiff discontinues or becomes non-suited, the plaintiff is liable to pay the full costs of defending the action.

(2) The costs of defending the action, when taxed, shall be levied in the name of the nominal defendant, by the same process of execution as in ordinary civil cases.

(1) Subject to subsection (2), no action for the recovery of damages for the deprivation of land may be brought against a Registrar or against the assurance fund, unless the action is commenced within six years from the date of that deprivation.

(2) A person under a legal disability may bring an action referred to in subsection (1) within six years from the date on which the disability ceases. SNWT 2013,c.23,s.9(25).

(1) A person who is dissatisfied with an act, omission, refusal, decision or direction of a Registrar, may require the Registrar to set out, in writing, the grounds of that act, omission, refusal, decision or direction, and the person may apply to a judge, by originating notice, setting out the grounds of the dissatisfaction.

(2) A judge, having caused the Registrar to be served with a copy of the originating notice, has jurisdiction to hear the matter, and to make an order, including an order as to the costs of the parties, that the circumstances of the case require.

(1) A Registrar may, in the prescribed form, refer to a judge a question that arises

(2) On the referral of a question under subsection (1), the judge may allow any person having an interest in the reference to appear before the judge and may summon any person that the judge believes has an interest in the reference to appear and show cause in relation to the question.

(3) The judge, having regard to the persons appearing at the hearing of the reference, whether summoned or not, shall provide an answer to the question or direct that proceedings be commenced for that purpose.

(4) The answer to the question has the same force and effect as an order of the judge. SNWT 2009, c.12,s.11(14); SNWT 2013,c.23,s.9(27),(28).

(1) If, under any of the provisions of this Act, a Registrar requires a duplicate certificate of title for the purpose of making any memorandum or for the purpose of wholly or partially cancelling the duplicate certificate or if it appears to the satisfaction of a Registrar that

the Registrar may, by written demand in the prescribed form, to be served on such person or to be sent by registered mail to that person, require the person to whom the duplicate certificate or instrument has been issued, or by whom it has been obtained, to deliver it to the Registrar, for the purpose of being cancelled, corrected or completed, as the case may be.

(2) Where the person refuses or neglects to comply with the demand referred to in subsection (1), or cannot be found, the Registrar may apply to a judge to issue a summons for that person to appear before the judge and show cause why the duplicate certificate or other instrument should not be delivered to the Registrar to be cancelled, corrected or completed.

(3) If the person, when served with the summons personally or in the mode directed in the summons, neglects or refuses to attend before the judge at the time set out in the summons, the judge may issue a warrant authorizing and directing the person summoned to be apprehended and brought before the judge for examination.

(1) On the appearance before the judge of any person summoned or brought up by virtue of a warrant, the judge may examine the person on oath, and where it appears to the judge to be proper, may order the person to deliver to the Registrar the duplicate certificate or other instrument.

(2) On refusal or neglect by the person

the judge may commit the person to the nearest jail for a period not exceeding six months, unless the duplicate certificate or other instrument is sooner delivered to the Registrar or sufficient explanation is made why the duplicate or other instrument cannot be delivered.

(3) If the person summoned does not deliver the duplicate certificate or other instrument or if he or she has absconded so that the summons cannot be served, the judge may direct the Registrar, if more than 90 days have elapsed since a demand was served on or mailed to the person under subsection 173(1),

SNWT 2003,c.5,Sch.F,s.62.

(1) Subject to subsection (2), an order of a judge that directs a Registrar to issue a new certificate of title for

for land that is less than a lot or other parcel created by a plan of survey that has been filed or registered is subject to the following conditions, namely,

(2) Subsection (1) does not apply to an order

SNWT 2003,c.5,Sch.F,s.63.

(1) Subject to subsection (2), an order of a judge that directs a Registrar

for land that is less than a lot or other parcel created by a plan of survey that has been filed or registered is subject to the following conditions, namely,

(2) Subsection (1) does not apply to an order that has a land description that is

PERSONS UNDER CERTAIN DISABILITIES

(1) A judge, on behalf of a person who is

may, by order directed to a Registrar, prohibit the registration of an instrument signed by the person.

(2) The prohibition contained in the order may be for the time and subject to the conditions that the judge considers proper. SNWT 2003,c.5,Sch.F,s.64; SNWT 2009,c.12,s.11(2).

(1) Every covenant and power declared to be implied in any instrument by virtue of this Act may be deleted or modified by express declaration in the instrument.

(2) In an action for an alleged breach of a covenant implied in any instrument by virtue of this Act, the covenant alleged to be broken may be set out and it is lawful to allege precisely in the same manner as if the covenant had been expressed in words in the transfer or other instrument, notwithstanding any law or practice to the contrary, that the party against whom the action is brought did so covenant.

(3) Every covenant implied in any instrument by virtue of this Act has the same force and effect, and shall be enforced in the same manner, as if it had been set out at length in the transfer or other instrument.

(4) When an instrument is executed by more than one party, the covenants to be implied in the instrument by this Act shall be construed to be several and not to bind the parties jointly.

(1) The owner of any land for which a certificate of title has been issued or of any registered lease, mortgage or special encumbrance, is, on application of any beneficiary or person interested in the land, lease, mortgage or special encumbrance, bound to allow his or her name to be used by such beneficiary or person in any action, suit or proceeding that it may be necessary or proper to bring or commence in the name of the owner concerning the land, lease, mortgage or special encumbrance, or for the protection or benefit of the title vested in the owner, or of the interest of any such beneficiary or person.

(2) An owner referred to in subsection (1) is, in any case, entitled to be indemnified in the same manner as a trustee would, before January 1, 1895, have been entitled to be indemnified in a similar case of the name of the trustee being used in any such action, suit or proceeding by the trustee’s cestui que trust.

(1) If a person named in a summons under section 186 fails to attend at the time and place specified by the summons, then on due proof under oath that the person has been duly served with the summons and that proper conduct money was paid or tendered to the person, the judge may issue a warrant authorizing the Sheriff or any peace officer to apprehend the person and bring the person before the judge for examination and to keep him or her in custody until he or she is examined.

(2) The Sheriff or peace officer shall obey the warrant referred to in subsection (1) and is entitled to the same fees for executing the warrant as the Sheriff or peace officer would be entitled to for executing a process issued out of the Supreme Court.

(3) The costs incidental to an inquiry referred to in section 186 are in the discretion of the judge, and shall be taxed by the Clerk of the Supreme Court in which the inquiry was held, as much as possible, in accordance with the tariff provided for civil causes in the Supreme Court.

(4) Judgment must be signed in the Supreme Court for the costs in favour of the party to whom they are awarded by the judge and execution may be issued for the recovery of the costs out of the Supreme Court as on an ordinary judgment in the Supreme Court. SNWT 2013,c.23,s.9(30).

(1) Where

a judge may, on the application of a party to the proceeding or interested in the proceeding, or affected by the caveat, lien, execution or proceeding, grant an order requiring the non-resident to give security for the costs of the applicant of the order, in prosecuting or resisting the proceeding, or in removing or maintaining the caveat, lien, execution or proceeding.

(2) It may be a term of an order issued under subsection (1) that in default the proceeding may be deemed granted or dismissed, or the caveat, lien, execution or proceeding may be deemed removed or maintained.

(3) The order issued under subsection (1) may provide for a stay of proceedings.

(4) The practice and procedure for obtaining an order under subsection (1) and for giving security is, to the extent possible, the same as on an application for security for costs in civil causes in the Supreme Court.

(5) The judge may order the costs incident to an application or order to be taxed and recovered as is provided for costs in subsections 187(3) and (4). SNWT 2009,c.12,s.11(2); SNWT 2013,c.23, s.9(31).

(1) A judge may order costs to be paid by or to any person that is a party to any proceeding under this Act.

(2) An applicant under this Act is prima facie liable to pay all costs, charges and expenses incurred by or in consequence of the application, except where

(1) An order or judgment of a judge made or given under this Act may be appealed by the Inspector, a Registrar or person directly interested in the order or judgment to the Court of Appeal.

(2) The practice and proceedings relating to appeals in the Court of Appeal, including costs and payment of costs and the enforcement of judgments on appeal, adapted to the circumstances, apply to an appeal referred to in subsection (1).