Real Property Regulation

Real Property Regulation, M.R. 198/2011 The Real Property Act , C.C.S.M. c. R30 Regulation 198/2011 Registered November 28, 2011 bilingual version (HTML) Table of Contents 1 Other financial institutions 2 Other public bodies 3 Maximum charge for providing discharge 3.1 Restrictions on delegation by district registrar 4 Coming into force Section Other financial institutions 1(1) The following are the other financial institutions referred to in clause (c) of the definition "financial institution" in subsection 72(2) of The Real Property Act : (a) an association to which the Cooperative Credit Associations Act (Canada) applies or a central cooperative credit society to which Part XVI of that Act applies; (b) a cooperative credit society incorporated and regulated by or under an Act of a province or territory of Canada; (c) an insurance company or a fraternal benefit society incorporated under the Insurance Companies Act (Canada) or under an Act of a province or territory of Canada; (d) a corporation to which the Trust and Loan Companies Act (Canada) or Part XXIV (Trust and Loan Corporations) of The Corporations Act applies; (e) an affiliate of a bank or of a financial institution described in clause (c) or (d). 1(2) For the purpose of this section, a company is an affiliate of another company if one of them is the subsidiary of the other, or if both are subsidiaries of the same company, or if each of them is controlled by the same person or company. 1(3) For the purpose of subsection (2) and this subsection, a company is a subsidiary of another company if (a) it is controlled by (i) that other company, or (ii) that other company and one or more companies controlled by that other company, or (iii) two or more companies controlled by that other company; or (b) it is a subsidiary of a subsidiary of that other company. 1(4) For the purpose of subsections (2) and (3), a company is controlled by another person or company who holds, otherwise than as security for a debt or obligation, shares of the company carrying sufficient votes to elect a majority of the board of directors of the company. M.R. 103/2013 ; Other public bodies 2 The following are public bodies for the purpose of clause 72.4(2)⁠(d) of The Real Property Act : (a) a provincial or territorial government and an agency of such a government; (b) a municipality or local government district. M.R. 103/2013 Maximum charge for providing discharge 3 For the purpose of subsection 105.1(3) of The Real Property Act , the maximum amount that a person may charge for preparing and registering a discharge of an interest is $100 plus applicable taxes and the amount paid under that Act for the registration of the discharge and for one search of each title affected by the interest being discharged. M.R. 103/2013 Restrictions on delegation by district registrar 3.1(1) Except with the approval of the Registrar-General, a district registrar must not delegate a power or duty under a provision listed in the Schedule or the power or duty to do any of the following: (a) register any of the following instruments under The Condominium Act : (i) a declaration, (ii) a by-law, (iii) an amendment to a declaration, (iv) an amendment to a by-law, (v) a notice, (vi) a court order, (vii) a condominium corporation's lien, (viii) a statutory declaration, other than a declaration referred to in subsection 8(1.0.3) of The Condominium Act , R.S.M. 1987, c. C170; (b) issue a direction or order respecting service or substitutional service of a document; (c) examine or register an instrument — other than an instrument referred to in subsection (3) — that (i) may result in, or is part of a process that may result in, the conveyance, disposition or loss of land or an interest in land, and (ii) is not executed by the registered owner of the land or interest; (d) approve an acquisition or disposition of land by (i) a school division as defined in The Public Schools Act , (ii) a religious organization or religious society that is not incorporated under The Corporations Act , (iii) a legion, (iv) a university or college, or (v) a regional health authority; (e) approve the registration of an instrument that creates a separate title respecting an interest in sand and gravel; (f) approve the transfer of administration and control of land from the Government of Manitoba or the Government of Canada to the other; (g) register a notice other than (i) a notice of a security interest registered pursuant to subsection 49(2) of The Personal Property Security Act , or (ii) a notice of intended expropriation registered pursuant to subsection 4(4) of The Expropriation Act ; (h) register an instrument that brings land under the new system; (i) register an instrument, other than a discharge, under the old system. 3.1(2) Despite subsection (1), if a district registrar has examined an instrument he or she may authorize a person employed by a service provider to register the instrument. 3.1(3) Clause (1)⁠(c) does not apply to the examination or registration of (a) a judgment; (b) a caveat; or (c) a transmission presented for registration by an executor or administrator of the estate of a deceased registered owner. M.R. 75/2014 Coming into force 4(1) This regulation, except section 3, comes into force on December 5, 2011, or on the day that this regulation is registered under The Regulations Act , whichever is later. 4(2) Section 3 comes into force on April 1, 2012. SCHEDULE (Section 3.1) The Builders' Liens Act subsection 50(1) (notice to lienholder to commence action) subsection 50(2) (loss of lien) The Communities Economic Development Fund Act subsection 21(4) (acceptance of certificate by district registrar) The Condominium Act subsection 5(1) (contents of declaration) subsection 5.14(4) (district registrar may permit other manner of notice) The Expropriation Act subsection 11(2) (better description or plan required) subsection 12(3) (corrected declaration) The Homesteads Act subsection 8(6) (discharge or vacating of election) subsection 20(2) (vacating of notice) subsection 20(3) (effect of consent where homestead notice registered) The Mortgage Act subsection 24(1) (taxation of mortgagee's costs) The Municipal Act subsection 247.6(1) (substitutional service) subsection 247.6(3) (substitutional service orders may be made at the same time) subsection 247.8(2) (content of application) subsection 247.8(5) (deadline for application) subsection 247.10(1) (issue of title) subsection 366(3) (directions for service of notice) subsection 366(4) (different directions for different properties) subsection 367(3) (application for substitutional service of notice) subsection 367(4) (district registrar may grant substitutional service) subsection 376(1) (tax sale application) subsection 377(3) (registration of tax sale purchaser as owner) The Municipal Board Act section 102 (duties of district registrar) The Northern Affairs Act subsection 169(4) (directions for service of notice) subsection 169(5) (different directions for different properties) The Public Schools Act subsection 64(2) (filing of receipt of Minister of Finance in L.T.O.) The Public Trustee Act subsection 6(1) (filing of notice by Public Trustee) subsection 6(2) (form of notice) The Real Property Act clauses 22(1)⁠(a) and (d) (district registrar's caveat) clauses 22(1)⁠(b) and (c) (summons) subsection 22(2) (appointment of special examiner) subsection 24(1) (summons) subsection 29(1) (application to bring land under new system) subsections 30(3), (5) and (9) (vacating claims or interests) section 37 (rejection of application) subsections 38(1) and (2) (application for additional land) subsections 41(1) and (2) (service on adverse claimants) section 43 (issue of certificate) subsections 45(1), (2), (4) and (5) (tax sale applications) section 46 (cancellation of certificate) subsections 51(4) and (6) (title by accretion) subsection 66(5) (instruments in old form) subsection 72.5(3) and clause 72.7(3)⁠(a) (witness to transfers) section 94 (notation of re-entry by lessor) section 122 (correction of registered plan) sections 134 to 144 (mortgage sale and foreclosure proceedings) clause 165(1)⁠(a) (filing after withdrawal of caveat) subsection 168(2) (service where person has died) The City of Winnipeg Charter subsection 157.1(3) (notice re listing) subsection 184(5) (district registrar to register order) subsection 194(1) (district registrar to register order or notice) section 195 (substitutional service) subsection 197(1) (registration of certificate and application for title) subsection 197(5) (deadline for application) subsection 382(1) (tax sale certificate) section 389 (return to L.T.O.) subsection 395(1) (notice to interested persons of application for title) subsection 395(3) (proof of service) subsection 395(4) (directions for substitutional service) subsection 395(5) (compliance with directions) subsection 395(6) (fixing date of service) subsection 397(1) (issue of title) section 404 (forms and fees for land titles office) M.R. 75/2014