Acts and Regulations

2015, c.44 - Service New Brunswick Act

Section 53
Disposition versions

Full text
Notice re real property transferred to and vested in Service New Brunswick
53(1)The following definitions apply in this section.
“approved parcel identifier” means an approved parcel identifier as defined in the Land Titles Act.(numéro d’identification approuvé)
“Chief Registrar of Deeds” means the Chief Registrar of Deeds appointed under the Registry Act.(conservateur en chef des titres de propriété)
“instrument record” means instrument record as defined in the Land Titles Act.(registre des instruments)
“land titles office” means a land titles office as defined in the Land Titles Act.(bureau d’enregistrement foncier)
“register” (enregistrer)
(a) in paragraph (5)(a) means register as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means register within the meaning of the Registry Act.
“registered land” means registered land as defined in the Land Titles Act.(bien-fonds enregistré)
“registrar” (registrateur)
(a) in paragraph (5)(a) means registrar as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means registrar as defined in the Registry Act.
“Registrar General” means Registrar General as defined in the Land Titles Act.(registrateur général)
53(2)Without delay after the commencement of subsection 49(1), Service New Brunswick shall file a notice in a land titles office for the District of New Brunswick and in the registry office established under the Registry Act for each county in New Brunswick that indicates
(a) that the transfer and vesting effected under subsection 49(1) has taken place, and
(b) that all title and interests in real property transferred to and vested in Service New Brunswick under subsection 49(1) are now held in the name of Service New Brunswick.
53(3)The notice referred to in subsection (2) shall be deemed to be an instrument for the purposes of the Land Titles Act and the Registry Act.
53(4)The notice referred to in subsection (2) shall be in a form acceptable to the Registrar General and the Chief Registrar of Deeds.
53(5)On receipt of the notice referred to in subsection (2)
(a) despite section 18 of the Land Titles Act and despite any failure of Service New Brunswick to comply with any provision of the Land Titles Act or any regulation under that Act, the registrar shall
(i) assign a registration number, date and time to the notice and enter a record of the notice, date, time and number in the instrument record,
(ii) enter a record of the acceptance of the notice for registration in the instrument record,
(iii) register the notice in respect of the registered land represented by the approved parcel identifiers, and
(iv) issue new certificates of registered ownership to Service New Brunswick in respect of all registered land that is transferred to and vested in Service New Brunswick under subsection 49(1), and
(b) despite any failure of Service New Brunswick to comply with any provision of the Registry Act or any regulation under that Act, the registrar for each county in New Brunswick shall register the notice.
53(6)Section 55 of the Land Titles Act and section 44 of the Registry Act do not apply to the registration of the notice referred to in subsection (2).
53(7)No claim shall be made and no action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province or Service New Brunswick by reason of any prejudice suffered as a result of any delay in filing a notice under subsection (2).
Notice re real property transferred to and vested in Service New Brunswick
53(1)The following definitions apply in this section.
“approved parcel identifier” means an approved parcel identifier as defined in the Land Titles Act.(numéro d’identification approuvé)
“Chief Registrar of Deeds” means the Chief Registrar of Deeds appointed under the Registry Act.(conservateur en chef des titres de propriété)
“instrument record” means instrument record as defined in the Land Titles Act.(registre des instruments)
“land titles office” means a land titles office as defined in the Land Titles Act.(bureau d’enregistrement foncier)
“register” (enregistrer)
(a) in paragraph (5)(a) means register as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means register within the meaning of the Registry Act.
“registered land” means registered land as defined in the Land Titles Act.(bien-fonds enregistré)
“registrar” (registrateur)
(a) in paragraph (5)(a) means registrar as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means registrar as defined in the Registry Act.
“Registrar General” means Registrar General as defined in the Land Titles Act.(registrateur général)
53(2)Without delay after the commencement of subsection 49(1), Service New Brunswick shall file a notice in a land titles office for the District of New Brunswick and in the registry office established under the Registry Act for each county in New Brunswick that indicates
(a) that the transfer and vesting effected under subsection 49(1) has taken place, and
(b) that all title and interests in real property transferred to and vested in Service New Brunswick under subsection 49(1) are now held in the name of Service New Brunswick.
53(3)The notice referred to in subsection (2) shall be deemed to be an instrument for the purposes of the Land Titles Act and the Registry Act.
53(4)The notice referred to in subsection (2) shall be in a form acceptable to the Registrar General and the Chief Registrar of Deeds.
53(5)On receipt of the notice referred to in subsection (2)
(a) despite section 18 of the Land Titles Act and despite any failure of Service New Brunswick to comply with any provision of the Land Titles Act or any regulation under that Act, the registrar shall
(i) assign a registration number, date and time to the notice and enter a record of the notice, date, time and number in the instrument record,
(ii) enter a record of the acceptance of the notice for registration in the instrument record,
(iii) register the notice in respect of the registered land represented by the approved parcel identifiers, and
(iv) issue new certificates of registered ownership to Service New Brunswick in respect of all registered land that is transferred to and vested in Service New Brunswick under subsection 49(1), and
(b) despite any failure of Service New Brunswick to comply with any provision of the Registry Act or any regulation under that Act, the registrar for each county in New Brunswick shall register the notice.
53(6)Section 55 of the Land Titles Act and section 44 of the Registry Act do not apply to the registration of the notice referred to in subsection (2).
53(7)No claim shall be made and no action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province or Service New Brunswick by reason of any prejudice suffered as a result of any delay in filing a notice under subsection (2).