Question 1

Under which legislation is the registration system governed?

Alberta:

Land Titles Act, Chapter L-4 RSA 2000

Law of Property Act, Chapter L-7 RSA 2000

British Columbia:

Land Title Act

Land Act

Strata Property Act

Land Registry system is governed by the BC Land Title Act. BC implemented the Torrens system of land registry (adopted from Australia) around the time BC was established as a possession of the English Crown (when the British Common law was introduced to mainland BC) in November 1958. This precedes British Columbia’s entry into confederation which occurred in 1871.Our Torrens system of land registry, with the concept of indefeasibility, has been around for a very long time.

Manitoba:

Common law and legislation: a) primarily Real Property Act (Torrens system titled lands) and Registry Act (the “old” landholding system); and b) to a lesser degree, Mortgage Act and Law of Property Act

New Brunswick:

Common law and legislation

  • Registry Act (1973)
  • Land Titles Act (1984)

Newfoundland and Labrador:

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Northwest Territories:

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Nova Scotia:

Land Registration Act, 2001,c.6 and Registry Act, R.S., c. 392

Where a land parcel is registered pursuant to the Land Registration Act, the Registry Act ceases to apply to the parcel except with respect to the interpretation of any document recorded pursuant to that Act.

Nunavut:

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Ontario:

Common Law and legislation

  • Registry Act (1795)
  • Land Titles Act (1885)
  • Land Registration Reform Act (1985)

Prince Edward Island:

Registry Act, R.S.P.E.I.1988, Cap. R-10

Quebec: 

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Saskatchewan:

Land Titles Act, 2000

Lands in Indian reserves are held by the Federal Crown and are unpatented in most instances. These lands are administered under the Indian Act. There are a few instances where the Federal Crown has registered reserve land in its name in the Land Titles Registry.

Yukon Territory:  

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