Land Titles Fees Regulation

Land Titles Fees Regulation, M.R. 71/2014 The Real Property Act , C.C.S.M. c. R30 Regulation 71/2014 Registered March 14, 2014 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Fees 3 Annual fee adjustment 4 Rounding 5 Registration fee re application to bring land under Real Property Act 6 Certified copy of title following registration 7 Fee re tax sale purchase 8 Fees to be posted 9 Fee waived or reduced 10 Repeal 11 Coming into force Schedule Definitions 1(1) The following definitions apply in this regulation. "AFA" means the amount of the annual fee adjustment described in section 3. (« RAD ») "assisted search" means the provision of a status of title or record of title that is generated as the result of a search conducted by an employee of the Land Titles Office. (« recherche par le personnel ») "enhanced search" means the provision of a status of title or record of title that is generated as a result of a search conducted using the system for enhanced online searches. (« recherche améliorée ») "enhanced submission launch date" means the date specified by the Registrar-General for the launch of the system for enhanced online submission for registration of land titles documents. (« date de lancement du système amélioré de dépôt ») "enhanced search launch date" means the date specified by the Registrar-General for the launch of the system for enhanced online searches. (« date de lancement du système amélioré de recherche ») "non-electronic submission" means a submission that is not facilitated by the system launched on the enhanced submission launch date. (« dépôt non électronique ») "PYF" , in relation to any fee, means the amount determined for PYF (the abbreviation for "previous year's fee") in the annual fee adjustment formula in section 3. (« DAP ») "rounding" means rounding up under section 4. (« arrondissement ») "service" means a land registry service as defined in The Real Property Act . (« service ») "user-generated search" means a request for information from the electronic information system made without the assistance of a Land Titles Office employee, but does not include a search using the system launched on the enhanced search launch date or Documents Online or Survey Plans Online. (« recherche par l'usager ») "user-generated search transaction" means a unit of work in a computer that results in a screen change on a display terminal or computer screen. (« mouvement de données dans le cadre d'une recherche par l'usager ») "year" means a calendar year. (« année ») 1(2) If land registry services are provided by a service provider, the specification of the enhanced submission launch date and the specification of the enhanced search launch date may be governed by an agreement with the service provider. Fees 2(1) The fees payable under The Real Property Act or The Registry Act must be determined in accordance with this regulation. 2(2) Subject to subsections (3) and (4), the fee for a service specified in the Schedule is to be determined according to the instructions in the Schedule and section 4 (rounding). 2(3) The annual fee adjustment for a year takes effect on the first Sunday following January 1. 2(4) From January 1 of a year until the date the annual fee adjustment takes effect for that year, the fee for a service is the fee as at the end of the immediately preceding year. 2(5) The fee for any other service not specified in the Schedule is to be determined by the Registrar-General with reference to a fee in this regulation for a service involving comparable time, resources and responsibility. Annual fee adjustment 3(1) The annual adjustment to the fee for any service is the amount determined by the following formula: AFA = PYF × (1% + C) In this formula, AFA means the amount of the annual fee adjustment; PYF means the amount without rounding of the fee for that service as at the end of the immediately preceding year; C means the increase in the CPI for the 12-month period ending on June 30 of the immediately preceding year, expressed as a percentage. 3(2) For the purpose of subsection (1), "CPI" means the Consumer Price Index for Canada, all-items, not seasonally adjusted (base year 2002), as currently reported by Statistics Canada in Table 5 of The Consumer Price Index (Catalogue no. 62-001-X) or the comparable replacement index, prepared by Statistics Canada, its successor or another body that assumes responsibility for the preparation of that index. If there is no such index, "CPI" means a comparable index or measure designated by the Lieutenant Governor in Council. Rounding 4(1) A fee determined under this regulation must be rounded up to the nearest $1.00 increment. 4(2) The fee as rounded up under subsection (1) must not be used as the PYF for the purpose of determining the AFA. 4(3) This section does not apply to the fee for a user-generated search transaction in any year. Registration fee re application to bring land under Real Property Act 5 Despite subsection 2(2), the fee payable to register an application to bring land under The Real Property Act must be reduced when required by subsection 29(2) of that Act. Certified copy of title following registration 6 Despite subsection 2(2), if the applicable fee is paid for the registration of a document or series of documents, no additional fee is payable for either of the following if the copy is generated immediately after completion of the registration in the electronic information system: (a) a certified copy of each title created or affected by the registration; (b) if no copy of the title is created or affected, a certified copy of a record of instrument. Fee re tax sale purchase 7 Despite subsection 2(5), the fee payable on the redemption of a tax sale property is 10% of the aggregate of (a) the purchase price; (b) the penalty charged by the municipality or school district collector, if any; and (c) interest at the rate of 1.25% of the purchase price for each month from the date of the sale to the date of redemption. Fees to be posted 8(1) A service provider must prominently post the current fees (as determined in accordance with this regulation), the enhanced submission launch date and the enhanced search launch date in each land titles office and on the service provider's website. The information must be set out in a clear and understandable manner. 8(2) Failure to post the fees and dates in accordance with subsection (1) does not invalidate the fees payable or affect the determination of the fees payable. Fee waived or reduced 9 A service provider or district registrar may waive or reduce a fee (a) if necessary to correct an error, facilitate a registration or for some other similar reason; or (b) with the approval of the Registrar-General. Repeal 10 The Land Titles Fee Regulation , Manitoba Regulation 171/89, is repealed. Coming into force 11 This regulation comes into force on May 25, 2014. SCHEDULE (section 2)