SNL2009 CHAPTER R-10.01 - REGISTRATION OF DEEDS ACT, 2009

SNL2009 CHAPTER R-10.01 REGISTRATION OF DEEDS ACT, 2009 Amended: 2012 c14; 2012 cM-25 s60; 2013 c16 s25; 2023 c4 CHAPTER R-10.01 AN ACT RESPECTING THE REGISTRATION OF DEEDS AND OTHER DOCUMENTS (Assented to May 28, 2009 ) Analysis 1. Short title 2. Definitions 3. Registry 4. Registrar of Deeds 5. Deputy registrar 6. Protection of registrar 7. Registration 8. Mortgage document 9. Electronic registration 10. Registrar may refuse to register 11. Notice of registration 12. Tacking 13. Registration under power of attorney 14. Proof for registration 15. Documents executed in the province 16. Documents executed out of province 17. Execution 18. Proof where witnesses and parties dead etc. 19. Compelling witnesses 20. Appeal 21. Proof of judgments 22. Information in registry 23. Effective time of registration 24. Documents to be confirmed 25. Registration of plans 26. Requirement of mortgagee 27. Release of mortgage to include reference 28. Partial releases 29. Licensed user 30. Searches 31. Indexes 32. Maintenance of books and records 33. Change of name 34. Affidavit of value 35. Interest not affected 36. Certified copies 37. Effect of registration 38. Regulations 38.1 Lieutenant-Governor in Council regulations 39. Fees 40. Forms 41. Transitional 42. Consequential Amdt. 43. RSNL1990 cR-10 Rep. 44. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Registration of Deeds Act, 2009 . 2009 cR-10.01 s1 Back to Top Definitions 2. In this Act (a.01) "audio-visual technology" means technology which allows a person signing a document and a person witnessing the signing of the document who are not in the physical presence of one another to see, hear and communicate with each other at all times; (a) "deed" means a written document by which a person transfers ownership of real property to another; (b) "instrument" includes every document by which title to land is changed or affected; (b.1) "lawyer" means a member in good standing of the Law Society of Newfoundland and Labrador; (c) "licensed users" means those persons approved by the registrar to conduct unlimited online searching and viewing of instruments and notices of instruments registered at the registry and available online; (d) "minister" means the minister appointed under the Executive Council Act to administer this Act; (d.1) "notice of instrument" means a notice referred to in paragraph 7(1)(e); (e) "oath" includes a declaration and an affirmation; (f) "prescribed category of persons" means those persons or a category of persons approved by the registrar to file instruments and notices of instruments electronically; (g) "registrar" means the Registrar of Deeds appointed under section 4 ; and (h) "registry" means the Registry of Deeds created under section 3 . 2009 cR-10.01 s2 ; 2012 c14 s1 ; 2023 c4 s28 Back to Top Registry 3. (1) There shall be a Registry of Deeds for the registration of deeds, other instruments and notices of instruments for the province. (2) The registry shall contain fireproof safes or vaults for the preservation of records, books, papers, microfilm, microfiche, tapes, negatives, computer software and computer hardware belonging to the registry, and of all deeds, other instruments and notices of instruments situated and deposited there for registration. (3) The reference to "province" in subsection (1) includes the offshore area as defined in the Hibernia Development Project Act ( Canada ). 2009 cR-10.01 s3 ; 2012 c14 s2 Back to Top Registrar of Deeds 4. (1) The minister shall appoint a Registrar of Deeds to carry out the duties imposed under this Act. (2) The registrar shall (a) supervise and direct the operation of the registry; (b) supervise and direct the persons employed in the registry in the performance of their duties and exercise of their powers under this Act; (c) inspect the records of the registry; and (d) perform those other duties and exercise the powers conferred by this Act. (3) Those officers and employees that are necessary for the proper conduct of the work of the registry shall be appointed or employed in the manner authorized by law. (4) The registrar may assign those officers and employees appointed or employed under subsection (3) to perform those duties or exercise those powers imposed upon the registrar under this Act. 2009 cR-10.01 s4 Back to Top Deputy registrar 5. The minister may appoint a deputy registrar who shall, when the registrar is absent or unable to act, when the registrar considers it necessary to delegate the registrar’s authority, or when the office of the registrar is vacant, perform the functions of and have all the powers and authority of the registrar. 2009 cR-10.01 s5 ; 2023 c4 s29 Back to Top Protection of registrar 6. The registrar or the deputy registrar appointed under section 5 is not, nor is a person acting under the registrar's or deputy registrar's authority, personally liable in an action or proceeding for or in respect of an act or matter done or omitted in good faith in the exercise or purported exercise of the powers conferred upon the registrar or deputy registrar or in the performance of the registrar's or deputy registrar's duties under this Act or a regulation made under this Act, or for costs in connection with an action or proceeding. 2009 cR-10.01 s6 ; 2023 c4 s30 Back to Top Registration 7. (1) The registrar shall register in paper format or electronically, (a) deeds, leases, assignments of leases, assignments of rents, priority agreements and other instruments; (a.1) a statutory easement under the Muskrat Falls Project Land Use and Expropriation Act; (b) powers of attorney under which documents referred to in paragraph (a) are executed; (c) debentures; (d) judgments of foreclosure and other judgments affecting an interest in or title to land; (e) notices of pending lawsuits, notices of mortgages, notices of transfer of mortgage, notices of release of mortgage and other notices in relation to a charge or encumbrance on land, in the form and manner and containing the information that may be prescribed by regulation; and (f) notices of security interest or discharge within the meaning of the Personal Property Security Act that relate to personal property that has been incorporated into or permanently affixed to land, in the form required by the registrar. (2) The registrar may register other instruments that the registrar has reasonable grounds to believe meet the requirements of this Act. (3) For the purpose of paragraph (1)(e), only a notice of instrument in a form acceptable to the registrar shall be accepted for registration, however, the registrar may register the full instrument in those circumstances where the registrar considers it necessary. (4) Registration of the documents referred to in this section in relation to the offshore area shall be effected in accordance with this Act. (5) In this section, "offshore area" means offshore area as defined in the Hibernia Development Project Act ( Canada ). 2009 cR-10.01 s7 ; 2012 c14 s3 ; 2012 cM-25 s60 ; 2023 c4 s31 Back to Top Mortgage document 8. Where a notice of mortgage has been filed under paragraph 7 (1)(e), the mortgagor may request from the mortgagee a full copy of the mortgage document and the mortgagee shall provide that document within 30 days of receipt of the request. 2009 cR-10.01 s8 Back to Top Electronic registration 9. (1) Except where provided by this Act or the regulations, an instrument or notice of instrument submitted for registration electronically in accordance with this Act and as prescribed by the regulations shall have the same effect as an instrument or notice of instrument submitted for registration in paper format. (2) A person, other than the registrar or a person who is a member of a prescribed category of persons, may not electronically register an instrument or notice of instrument. (3) The registrar may approve a person or category of persons to file an instrument or notice of instrument electronically where that person or category of persons meet the requirements prescribed by the regulations. (4) A person who is a member of the prescribed category of persons may electronically register an instrument or notice of instrument referred to in section 7 by complying with this Act and the regulations. (5) Where a person fails to comply with the requirements of this Act and the regulations, the registrar may remove the person from the prescribed category of persons. (6) A person submitting an instrument or notice of instrument for registration electronically under subsection (4) is responsible for the accuracy of the instrument or notice of instrument. (7) When a person submits an instrument for registration electronically under subsection (4), that person is certifying that the person has seen the original instrument, with the original signatures, and that the instrument being submitted is a true copy of the original instrument. (8) When a person submits a notice of instrument for registration electronically under subsection (4), that person is certifying that the person has seen the original instrument, with the original signatures. (9) An instrument or notice of instrument may be submitted electronically at any time and shall be reviewed for compliance, in a manner that may be prescribed, during the operating hours of the registry. 2012 c14 s4 ; 2023 c4 s32 Back to Top Registrar may refuse to register 10. The registrar may refuse to register an instrument or notice of instrument where (a) a legible written description of the property is not attached; (b) the instrument or notice of instrument does not comply with this Act or the regulations; (c) the instrument or notice of instrument is contrary to law; (d) the registrar has reasonable grounds to believe that the registration might result in a registration that is not in accordance with law; (e) the instrument or notice of instrument is wholly or partially illegible; (f) the instrument or notice of instrument contains or has attached to it material that does not affect or relate to the land; or (g) the registrar has other reasonable grounds to do so. 2012 c14 s5 Back to Top Notice of registration 11. (1) The registration of an instrument or notice of instrument under this Act shall constitute notice to a person claiming an interest in the land after the registration, notwithstanding a defect in the proof for registration. (2) Notwithstanding subsection (1), the registrar shall not register an instrument or notice of instrument unless the instrument has been proved in accordance with this Act and unless all other requirements of this Act and the regulations have been met. 2012 c14 s6 Back to Top Tacking 12. A mortgage shall not have priority by reason of being held by or vested in the same person with another of earlier date and registry. 2009 cR-10.01 s12 Back to Top Registration under power of attorney 13. The registration of an instrument or notice of instrument, in the circumstance where the instrument has been executed under a power of attorney, is not valid unless (a) the power of attorney is registered before the registration of the instrument or notice of instrument or within 6 months after the registration; or (b) an instrument subsequently confirming the execution of the first instrument is registered within 6 months after the registration of that first instrument or notice of instrument. 2012 c14 s7 Back to Top Proof for registration 14. (1) Before an instrument or notice of instrument is registered, the execution of the instrument shall be proved in accordance with this Act. (2) Where an instrument is executed by more than one person, the execution by each person shall be proved. 2009 cR-10.01 s14 ; 2012 c14 s8 Back to Top Documents executed in the province 15. (1) An instrument executed in the province may be proven in the presence of (a) the registrar; (b) a judge of the Supreme Court, Court of Appeal or Provincial Court; (c) the deputy registrar appointed under this Act; (d) a commissioner of the Supreme Court; (e) a justice of the peace; (f) the mayor of a city or town in the province; (g) an officer of the Royal Newfoundland Constabulary; (h) a member of the Royal Canadian Mounted Police; (i) a notary public under the notary public's official seal; or (j) a commissioner for oaths in and for the province. (2) For the purposes of paragraphs (1)(i) and (j), "in the presence of" includes attendance through the use of audio-visual technology provided that (a) the instrument is executed in the presence of (i) a commissioner for oaths authorized under section 4 of the Commissioners for Oaths Act to witness an affidavit, declaration, affirmation or certificate through the use of audio-visual technology, or (ii) a notary public authorized under section 6 or section 8 of the Notaries Public Act to witness a document, oath, affirmation or declaration through the use of audio-visual technology; and (b) the commissioner for oaths or notary public (i) is a lawyer, and (ii) complies with the requirements prescribed in the regulations. (3) Where an instrument is witnessed through the use of audio-visual technology in accordance with subsection (2), the instrument shall include the original signatures of the persons signing the instrument and the persons witnessing the instrument before being submitted for registration. 2009 cR-10.01 s15 ; 2023 c4 s33 Back to Top Documents executed out of province 16. An instrument executed outside the province may be proved in the presence of (a) a judge of a court of record; (b) the mayor of a city or town; (c) a notary public, under the notary public’s official seal; (d) an officer of a provincial or municipal police force; (e) a member of the Royal Canadian Mounted Police; (f) a Canadian consul or vice-consul; (g) a commissioner of the Supreme Court; or (h) a commissioner for oaths outside the province, and it shall be unnecessary to prove or certify the seal or signature of a person referred to in paragraphs (a) to (h) attached, appended or subscribed to the acknowledgment, oath or affidavit. 2009 cR-10.01 s16 ; 2023 c4 s34 Back to Top Execution 17. (1) An instrument shall be considered to be validly proven where executed in the presence of a person referred to in section 15 or 16 , as applicable, (a) where the person signs the instrument and sets out immediately after the person’s signature as witness the capacity in which the person signs and, where required by section 15 or 16 , as applicable, attaches the person’s seal under the signature; or (b) where the person signs a certificate attached to the instrument that the instrument was executed in the person’s presence and sets out immediately after the signature to the certificate the capacity in which the person signs and, when required, attaches the person’s seal near the signature. (2) An instrument shall also be considered to be validly proven if executed in the presence of a person who is not a person listed in section 15 or 16 if the person in whose presence it was executed signs an affidavit stating that the person was present and did witness the signature of the party and the affidavit is witnessed by a person listed in section 15 or 16 , as applicable, and that person sets out immediately after the person’s signature the capacity in which that person signs and, where required, attaches the person’s seal near the signature. 2009 cR-10.01 s17 ; 2023 c4 s35 Back to Top Proof where witnesses and parties dead etc. 18. Where the witness to the execution of an instrument and the parties to it are dead or mentally incompetent, whether so found on an inquiry or not, or are incapable of proving the instrument, or where the place of residence of the witnesses and parties is unknown, the registrar shall register the instrument upon receiving satisfactory proof upon oath (a) of the death, mental incompetence, or incapacity, or of the fact that the place of residence is unknown; and (b) of the handwriting of the signing witness to the execution of the instrument or of the parties to it. 2009 cR-10.01 s18 Back to Top Compelling witnesses 19. Where (a) a witness to an instrument, or a party executing the instrument, after tender of those fees that are paid to a witness attending a trial, refuses to attend for the purpose of proving the execution of it before a person before whom proof may be given; or (b) a person having possession of an instrument required to be registered refuses to produce it in order that it may be registered, a person claiming to be interested in having the instrument registered may make an application to the Supreme Court for an order directing the attendance of the witness or the party or the production of the instrument. 2009 cR-10.01 s19 ; 2023 c4 s36 Back to Top Appeal 20. Where the registrar refuses to register an instrument or notice of instrument, the person affected may appeal the registrar's decision to the Supreme Court within 30 days of the refusal. 2012 c14 s9 ; 2023 c4 s37 Back to Top Proof of judgments 21. A judgment shall be proved by a certified copy issued by the Supreme Court, under the seal of the court. 2013 c16 s25 Back to Top Information in registry 22. (1) The registrar shall keep in the registry information with respect to every deed and other instrument or notice of instrument deposited for registration, and the registrar shall record (a) the time and date of registration; (b) the location of the property, where applicable; (c) the type of instrument or notice of instrument; (d) the date of the instrument; (e) the parties named in the instrument; (f) the consideration stated in the instrument, where applicable; and (g) the other information that the registrar considers necessary. (2) Information recorded by the registrar under subsection (1) may be recorded in electronic format. 2009 cR-10.01 s22 ; 2012 c14 s10 Back to Top Effective time of registration 23. (1) An instrument or notice of instrument submitted for registration shall be considered to have been registered when it is delivered, either personally, by mail or in electronic form, if it is determined by the registrar to be in compliance with the requirements of this Act and the regulations. (2) The instrument shall (a) be executed by all persons from whom an interest passes; (b) have attached to it the proper proof; (c) be accompanied by the proper fee for registration of that instrument; (d) be accompanied by a registration application form; (e) be accompanied by a legible written description of the property; and (f) meet the other requirements that may be established by the registrar. (3) The notice of instrument shall (a) be provided on a registration application form; (b) be accompanied by the proper fee for registration of that notice of instrument; (c) be accompanied by a legible written description of the property, where applicable; and (d) meet the other requirements that may be established by the registrar. (4) Where an instrument or notice of instrument is submitted for registration under subsection (1) and it is determined by the registrar that it is not in compliance with the requirements of this Act or the regulations, it shall not be considered to have been registered and shall be returned and may be resubmitted for registration under subsection (1) when the required corrections have been made. (5) Where an instrument or notice of instrument is registered under this section, a person shall not alter that instrument or notice of instrument. (6) A deed of rectification shall be registered to correct an error in an instrument that has been registered under this section. 2012 c14 s11 Back to Top Documents to be confirmed 24. (1) Where an instrument or notice of instrument is submitted for registration under subsection 23(1) and has been determined by the registrar to be in compliance with the requirements of this Act and the regulations, that instrument or notice of instrument shall receive confirmation of registration, which shall include (a) the time and date of registration of the instrument or notice of instrument; (b) the registration number at which the instrument or notice of instrument may be found on the computer storage and retrieval system; (c) the parties to the instrument; (d) the location of the property, where applicable; (e) the document type; (f) the registrar's signature and title; (g) the date of the confirmation; (h) the receipt number; and (i) the other confirmation information that may be prescribed. (2) Confirmation information provided in accordance with subsection (1) is receivable as evidence of proof of registration and of the time of registration. 2009 cR-10.01 s24 ; 2012 c14 s12 Back to Top Registration of plans 25. (1) A person who wishes to register an instrument or notice of instrument with a plan attached to that instrument or notice of instrument shall provide a copy of that plan and that plan shall be registered as a part of that instrument or notice of instrument. (2) Where an instrument or notice of instrument has a master plan attached, that master plan shall be filed in paper format in the registry. 2012 c14 s13 Back to Top Requirements of mortgagee 26. (1) When a mortgage is fully paid, the mortgagee shall, within 60 days after that, register in the registry (a) a notice of release of mortgage; (b) where there is an assignment of rents registered in relation to the property, a release of the assignment of rents; and (c) another instrument or notice of instrument required to enable the mortgage to be released, and the instruments or notices of instruments or both under paragraphs (a) to (c) shall be in a form and contain the information satisfactory to the registrar. (2) When the mortgagee receives the registered notice of release of mortgage from the registry, the mortgagee shall provide to the mortgagor (a) a copy of the registered notice of release of mortgage; and (b) a full copy of the release of mortgage document. (3) When the mortgagee receives the registered release of assignment of rents from the registry, the mortgagee shall provide a copy to the mortgagor. (4) A mortgagee who fails to comply with subsection (1), (2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000. 2012 c14 s14 Back to Top Release of mortgage to include reference 27. Where a property which has been subject to a mortgage is released from that mortgage, there shall be included in the release of mortgage a reference to the original mortgage that is being released. 2009 cR-10.01 s27 Back to Top Partial releases 28. A partial release of mortgage shall include a clear description of the property that is being released. 2009 cR-10.01 s28 Back to Top Licensed user 29. (1) A person who is approved as a licensed user may conduct unlimited online searching and viewing of instruments and notices of instruments registered at the registry and available online. (2) The registrar may approve a person to conduct unlimited online searching and viewing of instruments and notices of instruments registered at the registry and available online, where that person meets the requirements prescribed by the regulations. (3) A licensed user shall comply with the prescribed rules for the online searching and viewing of instruments and notices of instruments and failure to comply with those rules may result in the cancellation of the license of the licensed user. 2012 c14 s15 Back to Top Searches 30. (1) A person may have access to the online registry system at any time except during scheduled or unscheduled outages, however, a person may only have access to the books, documents and the computer storage and retrieval system in the registry during the regular office hours of the registry. (2) A person shall not remove books, documents or the computer software or computer hardware belonging to the registry from the registry. (3) The registrar may prohibit a person (a) who has not exercised or who is not exercising due care in the handling of books and indexes of the registry while making a search; (b) who does not replace books which the person has removed from the shelves of the registry back in their proper places on the shelves when finished examining the books; or (c) who otherwise fails to comply with the reasonable requirements of the registrar from searching in the registry for a period of time that the registrar may determine, but the person may have the prohibition removed where the person undertakes, in writing, to comply with the terms and conditions set by the registrar. 2009 cR-10.01 s30 ; 2023 c4 s38 Back to Top Indexes 31. The registrar shall keep an index of all instruments and notices of instruments registered in the registry. 2012 c14 s16 Back to Top Maintenance of books and records 32. (1) Where a book, record, plan, document, instrument or notice of instrument kept in paper form is, from age or use, becoming obliterated, unfit for further use or is in need of repair, the registrar shall ensure the book, record, plan, document, instrument or notice of instrument is copied or repaired in a manner that the registrar thinks necessary. (2) Where the registrar is required to copy a document, the copy shall be, as far as can be deciphered by examination, a true and complete copy of the original and the registrar shall insert or subscribe an oath to the effect that the original so copied is a true copy of the original of which it purports to be a copy. (3) A copy created for the purpose of subsection (1) and in accordance with subsection (2) shall be acknowledged and received as the original, and is considered to be a true copy of the original. (4) Notwithstanding section 30 , a book, record, plan or document requiring replacement or repair may be removed from the registry for that purpose. 2009 cR-10.01 s32 ; 2012 c14 s17 ; 2023 c4 s39 Back to Top Change of name 33. (1) Where a person's name is changed and at the time of the name change that person has an interest in property evidenced by an instrument or notice of instrument filed or registered under this Act, the change of name may be recorded by (a) reciting the change of name in a subsequent conveyance of that property interest; or (b) filing or registering a certificate of a change of name issued under the Change of Name Act, 2009 , or a marriage certificate, if the change of name was as a result of a marriage or dissolution of a marriage. (2) Upon receipt of a conveyance or certificate required under subsection (1) the registrar shall record and index it as a conveyance from the former name of the person concerned to the new name. 2009 cR-10.01 s33 ; 2012 c14 s18 Back to Top Affidavit of value 34. (1) For the purpose of this section, "affidavit of value" means proof made on oath of the value of the property to which the instrument relates. (2) An affidavit of value shall be registered (a) for a deed of gift; (b) for a deed of confirmation where no prior registrations in relation to that transfer have been filed; and (c) where the registrar considers it advisable. (3) The proof required for an affidavit of value may be made before a person before whom a deed may be proved under sections 15 and 16 . (4) In determining the value of a property, the value of buildings attached to the land shall be included and the value of the property shall be calculated at the time the property is conveyed or transferred unless otherwise exempted by the regulations. (5) Where the registrar is not satisfied with the affidavit of value submitted with an instrument under subsection (2), the registrar may require the person submitting the instrument for registration to produce a copy of the municipal property assessment or a report of a qualified appraiser supporting the valuation, however, if neither is available the registrar may accept a market value estimate provided by an experienced realtor carrying on business in the area where the property is located. 2009 cR-10.01 s34 Back to Top Interest not affected 35. (1) Subject to section 50 of the Personal Property Security Act , a person contracting or dealing with or taking or proposing to take a transfer of or an interest in land is not affected by a registration under the Personal Property Security Act , whether or not the person has notice of knowledge of the registration. (2) The fact that a person referred to in subsection (1) has knowledge of a registration under the Personal Property Security Act , or that the person could have obtained that knowledge, is not evidence of fraud for the purpose of section 37 . 2009 cR-10.01 s35 Back to Top Certified copies 36. The registrar shall, when requested, provide a certified copy of an instrument or notice of instrument that shall be signed by the registrar. 2012 c14 s19 Back to Top Effect of registration 37. An instrument that has not been proved and either registered or had a notice of instrument registered in relation to it, shall be judged fraudulent and void both at law and in equity, as against a subsequent purchaser or mortgagee for valuable consideration who first registers the instrument or notice of instrument, or against a trustee of an insolvent estate or an assignee or trustee under a conveyance for the benefit of the creditors. 2012 c14 s20 Back to Top Regulations 38. The minister may make regulations (a) prescribing the manner in which instruments and notices of instruments may be electronically filed or registered; (b) prescribing the manner in which electronically filed or registered instruments and notices of instruments may be reviewed for compliance; (c) prescribing the persons or category of persons that may be approved to be licensed users; (d) prescribing the rules governing licensed users; (e) prescribing the circumstances which can result in the cancellation of the licence of a licensed user; (f) prescribing the persons or category of persons that may be approved to file instruments and notices of instruments electronically; (g) prescribing the rules governing those approved to file instruments and notices of instruments electronically; (h) prescribing the circumstances which can result in the cancellation of an approval of a person to file electronically; (i) prescribing information that may be required under section 24 for confirmation of registration; (j) prescribing the information required and the form and manner in which notices of mortgages and other notices required by the registrar or this Act may be registered or filed; (k) respecting a matter necessary to accommodate changes in technology relating to the registration of instruments and notices of instruments; (l) respecting the exemption of property from the requirements of subsection 34 (4); (m) defining a term used, but not defined, in this Act; and (n) generally to give effect to the purpose of this Act. 2009 cR-10.01 s38 ; 2012 c14 s21 Back to Top Lieutenant-Governor in Council regulations 38.1 (1) The Lieutenant-Governor in Council may make regulations (a) prescribing the requirements for attendance through the use of audio-visual technology; (b) defining a term used but not defined in this Act; and (c) generally, to give effect to the purpose of this Act. (2) T he Lieutenant-Governor in Council may in addition to or instead of regulations made under paragraph (1)(a) adopt by reference and constitute as regulations the whole or part of provisions of the Rules of the Law Society of Newfoundland and Labrador, with or without modification, and including any amendments to the Rules of the Law Society of Newfoundland and Labrador. 2023 c4 s40 Back to Top Fees 39. (1) The minister may set fees to be collected by the registrar for the purpose of this Act. (2) A fee is not payable on the registration of a deed or other instrument by or on behalf of the Crown. 2009 cR-10.01 s39 Back to Top Forms 40. Forms approved by the registrar may be used for the purpose of this Act. 2009 cR-10.01 s40 Back to Top Transitional 41. A deed or other instrument validly registered under the Registration of Deeds Act is considered to be validly registered under this Act. 2009 cR-10.01 s41 Back to Top Consequential Amdt. 42. (1) Paragraph 4(1)(d) of the Electronic Commerce Act is repealed. (2) Subsection 27(2) of the Interpretation Act is amended by adding immediately after item 25 the following: 25.1 lis pendens pending lawsuits Back to Top 2009 cR-10.01 s42 RSNL1990 cR-10 Rep. 43. The Registration of Deeds Act is repealed. 2009 cR-10.01 s43 Back to Top Commencement 44. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Dec. 13/10) 2009 cR-10.01 s44