Acts and Regulations

L-1.1 - Land Titles Act

Section 55
Disposition versions

Full text
Proof of execution
55(1)Except for electronic instruments, every instrument that is to be registered under this Act shall be
(a) signed by the parties required to sign it in the presence of one or more witnesses each of whom is at least sixteen years of age, or
(b) in the case of a corporation, signed by the proper officer or officers of the corporation and sealed with the corporate seal, if the corporation has a corporate seal.
55(2)Every instrument referred to in subsection (1) shall be accompanied by an affidavit of execution, a certificate of execution or, in the case of a corporation, an affidavit of corporate execution.
55(3)An affidavit of execution and an affidavit of corporate execution shall be in prescribed form and shall be made before
(a) the Registrar General, a registrar, a judge, a notary public or a commissioner of oaths in and for the Province, or any other person authorized pursuant to an enactment of the Province to administer an oath or affirmation, if made within the Province; or
(b) a person authorized by any law of the Province to administer an oath or affirmation outside the Province for use within the Province, if made outside the Province.
55(4)A certificate of execution shall be in prescribed form and shall be signed by a notary public and sealed with his notarial seal.
55(5)The requirements of subsections (1) and (2) do not apply to a caveat, claim for lien under the Construction Remedies Act, judgment, order of the Registrar General, document issued by the Crown under an enactment of the Province, document issued pursuant to the Bankruptcy and Insolvency Act (Canada), affidavit under section 37 or such class of instruments as may be prescribed.
55(6)Notwithstanding subsections (1) and (2), the Registrar General, upon being satisfied of the due execution of the instrument, may direct the registrar to register it.
55(7)Notwithstanding that an electronic instrument is not required to be accompanied by an affidavit of execution, certificate of execution or an affidavit of corporate execution, subsections (1) and (2) apply to those instruments in paper format that a subscriber is required to have in his or her possession under paragraph 17.2(3)(a).
1982, c.3, s.41; 1983, c.45, s.21; 1998, c.38, s.13; 2006, c.11, s.7; 2020, c.29, s.110
Proof of execution
55(1)Except for electronic instruments, every instrument that is to be registered under this Act shall be
(a) signed by the parties required to sign it in the presence of one or more witnesses each of whom is at least sixteen years of age, or
(b) in the case of a corporation, signed by the proper officer or officers of the corporation and sealed with the corporate seal, if the corporation has a corporate seal.
55(2)Every instrument referred to in subsection (1) shall be accompanied by an affidavit of execution, a certificate of execution or, in the case of a corporation, an affidavit of corporate execution.
55(3)An affidavit of execution and an affidavit of corporate execution shall be in prescribed form and shall be made before
(a) the Registrar General, a registrar, a judge, a notary public or a commissioner of oaths in and for the Province, or any other person authorized pursuant to an enactment of the Province to administer an oath or affirmation, if made within the Province; or
(b) a person authorized by any law of the Province to administer an oath or affirmation outside the Province for use within the Province, if made outside the Province.
55(4)A certificate of execution shall be in prescribed form and shall be signed by a notary public and sealed with his notarial seal.
55(5)The requirements of subsections (1) and (2) do not apply to a caveat, claim of lien under the Mechanics’ Lien Act, judgment, order of the Registrar General, document issued by the Crown under an enactment of the Province, document issued pursuant to the Bankruptcy and Insolvency Act (Canada), affidavit under section 37 or such class of instruments as may be prescribed.
55(6)Notwithstanding subsections (1) and (2), the Registrar General, upon being satisfied of the due execution of the instrument, may direct the registrar to register it.
55(7)Notwithstanding that an electronic instrument is not required to be accompanied by an affidavit of execution, certificate of execution or an affidavit of corporate execution, subsections (1) and (2) apply to those instruments in paper format that a subscriber is required to have in his or her possession under paragraph 17.2(3)(a).
1982, c.3, s.41; 1983, c.45, s.21; 1998, c.38, s.13; 2006, c.11, s.7
Proof of execution
55(1)Except for electronic instruments, every instrument that is to be registered under this Act shall be
(a) signed by the parties required to sign it in the presence of one or more witnesses each of whom is at least sixteen years of age, or
(b) in the case of a corporation, signed by the proper officer or officers of the corporation and sealed with the corporate seal, if the corporation has a corporate seal.
55(2)Every instrument referred to in subsection (1) shall be accompanied by an affidavit of execution, a certificate of execution or, in the case of a corporation, an affidavit of corporate execution.
55(3)An affidavit of execution and an affidavit of corporate execution shall be in prescribed form and shall be made before
(a) the Registrar General, a registrar, a judge, a notary public or a commissioner of oaths in and for the Province, or any other person authorized pursuant to an enactment of the Province to administer an oath or affirmation, if made within the Province; or
(b) a person authorized by any law of the Province to administer an oath or affirmation outside the Province for use within the Province, if made outside the Province.
55(4)A certificate of execution shall be in prescribed form and shall be signed by a notary public and sealed with his notarial seal.
55(5)The requirements of subsections (1) and (2) do not apply to a caveat, claim of lien under the Mechanics’ Lien Act, judgment, order of the Registrar General, document issued by the Crown under an enactment of the Province, document issued pursuant to the Bankruptcy and Insolvency Act (Canada), affidavit under section 37 or such class of instruments as may be prescribed.
55(6)Notwithstanding subsections (1) and (2), the Registrar General, upon being satisfied of the due execution of the instrument, may direct the registrar to register it.
55(7)Notwithstanding that an electronic instrument is not required to be accompanied by an affidavit of execution, certificate of execution or an affidavit of corporate execution, subsections (1) and (2) apply to those instruments in paper format that a subscriber is required to have in his or her possession under paragraph 17.2(3)(a).
1982, c.3, s.41; 1983, c.45, s.21; 1998, c.38, s.13; 2006, c.11, s.7
Proof of execution
55(1)Every instrument that is to be registered under this Act shall be
(a) signed by the parties required to sign it in the presence of one or more witnesses each of whom is at least sixteen years of age, or
(b) in the case of a corporation, signed by the proper officer or officers of the corporation and sealed with the corporate seal, if the corporation has a corporate seal.
55(2)Every instrument referred to in subsection (1) shall be accompanied by an affidavit of execution, a certificate of execution or, in the case of a corporation, an affidavit of corporate execution.
55(3)An affidavit of execution and an affidavit of corporate execution shall be in prescribed form and shall be made before
(a) the Registrar General, a registrar, a judge, a notary public or a commissioner of oaths in and for the Province, or any other person authorized pursuant to an enactment of the Province to administer an oath or affirmation, if made within the Province; or
(b) a person authorized by any law of the Province to administer an oath or affirmation outside the Province for use within the Province, if made outside the Province.
55(4)A certificate of execution shall be in prescribed form and shall be signed by a notary public and sealed with his notarial seal.
55(5)The requirements of subsections (1) and (2) do not apply to a caveat, claim of lien under the Mechanics’ Lien Act, judgment, order of the Registrar General, document issued by the Crown under an enactment of the Province, document issued pursuant to the Bankruptcy and Insolvency Act (Canada), affidavit under section 37 or such class of instruments as may be prescribed.
55(6)Notwithstanding subsections (1) and (2), the Registrar General, upon being satisfied of the due execution of the instrument, may direct the registrar to register it.
1982, c.3, s.41; 1983, c.45, s.21; 1998, c.38, s.13