Land Titles Repeal Act

Marginal note:Repeal by order

• Footnote ^*3 (1) When the Commissioner in Council of a Territory has enacted a land titles ordinance to replace the Land Titles Act, the Governor in Council may, by order, repeal the Land Titles Act in respect of that Territory on a day fixed in the order to coincide with the day on which the ordinance comes into force.

  • Return to footnote ^*[Note: Order in force July 19, 1993, see SI/93-151.]

• Marginal note:Condition precedent

  (2) Subject to subsection (3), an order shall not be made in respect of a Territory unless the Governor in Council is satisfied that the land titles ordinance enacted to replace the Land Titles Act

  • (a) establishes a system of land registration that is derived from the Torrens system of land registration;

  • (b) is similar in substance to that Act as it reads immediately before it is to be repealed in respect of that Territory; and

  • (c) includes

    • (i) in the case of the Northwest Territories, provisions having the same effect as subsections 55(1) to (4) of that Act,

    • (ii) in the case of Yukon, provisions having the same effect as sections 55 and 56 of that Act,

    • (iii) provisions for the grant of certificates of title for, and the registration of, easements as defined in subsection 80(2) of that Act, and

    • (iv) provisions prohibiting the registration of caveats affecting land in respect of which no certificate of title has been granted or applied for.

• Marginal note:Waiver

  (3) The Governor in Council may, by order, waive the application of any condition imposed by subsection (2) in respect of a Territory.

• Marginal note:Idem

  (4) The Governor in Council shall, by order, waive the application of any condition imposed by subsection (2) in respect of a Territory to the extent necessary to implement a land claims agreement with any aboriginal people of Canada.