Acts and Regulations

L-1.1 - Land Titles Act

Section 18
Disposition versions

Full text
Registration of instrument
18(1)The registrar shall assign a registration number, date and time to every instrument received at the land titles office for filing or registration and shall enter a record of the instrument, date, time and number in the instrument record.
18(2)The instrument shall then be examined and, subject to subsection (4), a record of the acceptance of the instrument for filing or registration shall be entered in the instrument record.
18(3)When an instrument is accepted for registration pursuant to subsection (2), it shall be registered.
18(4)Notwithstanding anything in this or any other enactment, the registrar may refuse to file or register and may reject an instrument where the appropriate fee has not been paid therefor or where the instrument
(a) does not relate to land situated in his district;
(b) does not describe the land to which it relates by its approved parcel identifier, or is otherwise incomplete;
(b.1) describes the land
(i) by reference to a parcel identifier that has been marked as retired by the registrar, or
(ii) by a description of the land in addition to a reference to its approved parcel identifier;
(c) is not in proper form or fit for filing or registration; or
(d) does not comply with the Community Planning Act, if applicable.
18(5)Where the registrar is required pursuant to the provisions of this Act to register the title to land or to register land or to register a person as the owner of land or to register an instrument severing or consolidating land or a transfer, the registrar shall
(a) cancel the certificate of registered ownership, if any, as to that land; and
(b) issue to the owner, surviving owner, personal representative, agent or trustee, as the case may be, a certificate of registered ownership for that land and, in the case of a subdivision, a certificate of registered ownership for each lot, block or parcel in the subdivision plan.
18(6)Where the registrar registers a title to land pursuant to an order under section 12, 13 or 14 or a title to previously unregistered land pursuant to section 23, the registrar shall issue and record under the Registry Act a notice in prescribed form and thereafter the title to the land shall be dealt with under this Act, and this Act applies to every instrument or document that relates to an interest in that land.
18(7)Every parcel of land in respect of which a title is registered under this Act shall be identified by its approved parcel identifier in the title register.
18(8)Repealed: 1998, c.38, s.5
18(9)Upon the rejection of an instrument, the registrar shall enter in the instrument record a record of the rejection and a memorandum of the reasons for such rejection, and shall notify the person who presented the instrument for registration.
18(10)Notwithstanding subsection (4), the registrar shall not reject an instrument referred to in subsection 12(10).
18(11)Any instrument that is filed or registered under this Act may, subject to such terms and conditions as the registrar may impose, be amended by the filing or registration of an amending instrument in prescribed form.
18(12)Notwithstanding anything in this Act, where a document sufficient to pass an estate or interest in land under the Registry Act deals with land registered under this Act, the Registrar General may, in his absolute discretion, order the proper registrar to register it under this Act, and when so registered it shall have the same effect as if registered as an instrument.
1985, c.4, s.37; 1998, c.38, s.5
Registration of instrument
18(1)The registrar shall assign a registration number, date and time to every instrument received at the land titles office for filing or registration and shall enter a record of the instrument, date, time and number in the instrument record.
18(2)The instrument shall then be examined and, subject to subsection (4), a record of the acceptance of the instrument for filing or registration shall be entered in the instrument record.
18(3)When an instrument is accepted for registration pursuant to subsection (2), it shall be registered.
18(4)Notwithstanding anything in this or any other enactment, the registrar may refuse to file or register and may reject an instrument where the appropriate fee has not been paid therefor or where the instrument
(a) does not relate to land situated in his district;
(b) does not describe the land to which it relates by its approved parcel identifier, or is otherwise incomplete;
(b.1) describes the land
(i) by reference to a parcel identifier that has been marked as retired by the registrar, or
(ii) by a description of the land in addition to a reference to its approved parcel identifier;
(c) is not in proper form or fit for filing or registration; or
(d) does not comply with the Community Planning Act, if applicable.
18(5)Where the registrar is required pursuant to the provisions of this Act to register the title to land or to register land or to register a person as the owner of land or to register an instrument severing or consolidating land or a transfer, the registrar shall
(a) cancel the certificate of registered ownership, if any, as to that land; and
(b) issue to the owner, surviving owner, personal representative, agent or trustee, as the case may be, a certificate of registered ownership for that land and, in the case of a subdivision, a certificate of registered ownership for each lot, block or parcel in the subdivision plan.
18(6)Where the registrar registers a title to land pursuant to an order under section 12, 13 or 14 or a title to previously unregistered land pursuant to section 23, the registrar shall issue and record under the Registry Act a notice in prescribed form and thereafter the title to the land shall be dealt with under this Act, and this Act applies to every instrument or document that relates to an interest in that land.
18(7)Every parcel of land in respect of which a title is registered under this Act shall be identified by its approved parcel identifier in the title register.
18(8)Repealed: 1998, c.38, s.5
18(9)Upon the rejection of an instrument, the registrar shall enter in the instrument record a record of the rejection and a memorandum of the reasons for such rejection, and shall notify the person who presented the instrument for registration.
18(10)Notwithstanding subsection (4), the registrar shall not reject an instrument referred to in subsection 12(10).
18(11)Any instrument that is filed or registered under this Act may, subject to such terms and conditions as the registrar may impose, be amended by the filing or registration of an amending instrument in prescribed form.
18(12)Notwithstanding anything in this Act, where a document sufficient to pass an estate or interest in land under the Registry Act deals with land registered under this Act, the Registrar General may, in his absolute discretion, order the proper registrar to register it under this Act, and when so registered it shall have the same effect as if registered as an instrument.
1985, c.4, s.37; 1998, c.38, s.5