Claims for compensation
84(1) In this section, "invalid transfer" means any registration that results in the issuance of a new title in the name of a new registered owner where the application for registration was based on a transaction not authorized at law.
(2) Subject to the exclusions mentioned in sections 85 and 86, any person who sustains loss, damage or deprivation in any of the following circumstances is entitled to make a claim for compensation pursuant to this Part:
(a) where a registration made by the Registrar was not authorized by this Act;
(b) where the Registrar has omitted to make a registration as required by this Act;
(c) where the Registrar has made an error or omission in the performance of a duty or function pursuant to this Act that is not mentioned in clause (a) or (b);
(d) where a former registered owner has been deprived of title through the registration of an invalid transfer and that former registered owner is prohibited by section 15 from bringing an action of ejectment or other action to obtain or recover land;
(e) where a registered owner has been divested of title by the operation of clause 15(1)(c) and section 16;
(f) where a former registered owner recovers land in an action brought pursuant to subsection 15(3) and the title recovered includes an interest that was not registered against the prior title of that former registered owner.
2000, c.L-5.1, s.84; 2001, c.20, s.19.
Exclusions from compensation
85 Compensation is not payable with respect to any of the following types of loss, damage or deprivation:
(a) suffered by a person who knowingly participates or colludes in a fraud;
(b) occasioned by a registered owner's breach of any trust whether express, implied or constructive;
(c) by reason of the improper use of the seal of a body corporate;
(d) by reason of the lack of capacity or lack of authority in a body corporate to deal with the title or interest involved or to execute or take the benefit of the registration;
(e) by reason of a registration authorized on behalf of a body corporate by a person who lacks capacity to apply for registration on behalf of the body corporate;
(f) occasioned by the failure of the Registrar to register an interest based on a writ or a maintenance order against a title of any registered owner or against an interest of any interest holder under a name that is different in any way from the name by which he or she is described in the writ or maintenance order;
(g) occasioned by the registration by the Registrar of an interest based on a writ or a maintenance order against a title owned or interest held by a person who is not the person named in the writ or maintenance order;
(h) occasioned by the failure of the Registrar to ensure compliance with any requirement set out in Part XVII or in any other Act or law with respect to the registration of an interest;
(i) occasioned by the failure of the Registrar to ensure compliance with any requirement set out in any other Act with respect to a transfer or the discharge, amendment, assignment or postponement of an interest;
(j) occasioned by the registration of a transfer or the registration of an interest by a person who has not been properly appointed by a power of attorney or who does not have authority under a power of attorney;
(k) occasioned by a correction or registration by the Registrar in accordance with sections 97, 99 and 101;
(l) related to a boundary problem or an allegation that title is for a parcel or condominium unit with boundaries or an extent or area other than what was assumed or understood by the registered owner;
(m) in any case in which the same land has been included in two or more Crown grants;
(n) occasioned by:
(i) the withdrawal of an application pursuant to subsection 28(3); or
(ii) the failure of the Registrar to withdraw an application pursuant to subsection 28(3).
(o) suffered as a result of the provision of services by the corporation in converting documents to electronic format before the documents are submitted to the Registrar for registration;
(p) occasioned by the loss of information stored electronically by the corporation before that information is submitted to the Registrar for registration; or
(q) suffered by any party if the Registrar did not send a verification statement or notification statement in accordance with the regulations.
2000, c.L-5.1, s.85; 2004, c.59, s.13; 2009, c.21, s.10.
Exclusions from compensation re minerals
86 Compensation is not payable with respect to loss, damage or deprivation arising from:
(a) a transfer of an uncertified mineral title on or after June 1, 1951 but before the coming into force of section 1 of this Act;
(b) a transfer of an uncertified mineral title after the coming into force of section 1 of this Act in the circumstances prescribed pursuant to subsection 48(2);
(c) the registration of an interest against an uncertified mineral title on or after June 1, 1951;
(d) the registration of an interest by way of a caveat against an uncertified mineral title on or after June 1, 1951 but before the coming into force of section 1 of this Act;
(e) a transfer of mines and minerals or the registration of an interest respecting mines and minerals against a title for the surface of land, including mines and minerals where a mineral certificate had not been issued, where the transfer or the registration of the interest occurred on or after June 1, 1951 but before the coming into force of section 1 of this Act; or
(f) a transfer to or the registration of an interest in favour of the Crown respecting an uncertified mineral title:
(i) before the coming into force of section 1 of this Act; or
(ii)in the circumstances prescribed pursuant to subsection 48(2).
2001, c.20, s.20.
Amount of compensation
87(1) The amount of compensation for loss of all or a portion of a title must not exceed the lesser of:
(a) the actual amount of the loss suffered; and
(b) the value of the title.
(2) The amount of compensation for loss of an interest must not exceed the lesser of:
(a) the actual amount of the loss suffered; and
(b) the value of the title or interest against which the interest is registered.
(3) The amount of compensation where the priority of an interest is subordinated to another interest must not exceed the reduction in the value of the interest.
(4) In the case of a former registered owner who recovers title in an action brought pursuant to subsection 15(3), the compensation for that former registered owner must not exceed the value of the interests that:
(a) were not registered against the prior title of that former registered owner; and
(b) were registered before the former registered owner recovered title.
(5) For any loss, other than a loss described in subsections (1) to (4), the compensation must not exceed the actual amount of the loss suffered.
(6) The Registrar may require an independent appraisal with respect to the determination of value of a parcel, a title or an interest or to quantify other losses pursuant to this section.
2000, c.L-5.1, s.87.
88 Repealed. 2004, c.L-16.1, s.54.
Process to claim compensation
89(1) Any claim for compensation pursuant to this Part must be submitted to the Registrar.
(2) On receipt of a claim for compensation, the Registrar may:
(a) enter into an agreement with the claimant for payment of compensation where, in the opinion of the Registrar, the claimant is entitled to compensation; or
(b) deny the claim where, in the opinion of the Registrar, compensation is not payable pursuant to this Part.
2000, c.L-5.1, s.89.
Agreement for compensation
90(1) Where the Registrar enters into an agreement with a claimant pursuant to a claim for compensation or an action brought pursuant to this Act, the agreement may provide for payment to the claimant of:
(a) compensation;
(b) reasonable expenses of bringing the claim; and
(c) interest on the amount of compensation from the date that the Registrar receives the claim at the rate established pursuant to The Pre-judgment Interest Act.
(2) Where an agreement is entered into pursuant to subsection (1):
(a) for compensation relating to an incident that occurred before the coming into force of section 1 of this Act, the Registrar must certify to the Minister of Finance that the claimant is entitled to compensation, expenses and interest as set forth in the agreement;
(b) for compensation relating to an incident that occurred after the coming into force of section 1 of this Act, the Registrar must certify to the corporation that the claimant is entitled to compensation, expenses and interest as set forth in the agreement;
(c) the claimant's claim for compensation pursuant to this Part is deemed to be fully satisfied; and
(d) the claimant is entitled to receive the compensation, expenses and interest provided for in the agreement.
(3) Before entering into an agreement pursuant to subsection (1), where compensation, including expenses and interest, is to exceed the prescribed amount, the Registrar shall obtain:
(a) the approval of the Minister of Justice, where the incident giving rise to compensation occurred before the coming into force of section 1 of this Act; or
(b) the approval of the minister responsible for the corporation, where the incident giving rise to compensation occurred after the coming into force of section 1 of this Act.
2000, c.L-5.1, s.90.
Action for compensation
91(1) Subject to section 95, any action respecting a claim for compensation must be brought against the Registrar as defendant.
(2) No person may bring an action against the Registrar respecting a claim for compensation unless:
(a) the Registrar has denied the claim for compensation pursuant to clause 89(2)(b); or
(b) an offer of compensation from the Registrar has been made and the person has refused to enter into an agreement for compensation pursuant to section 90.
2000, c.L-5.1, s.91.
Judgment for compensation
92(1) In any action respecting a claim for compensation, the court may give judgment:
(a) declaring that the person is entitled to compensation; and
(b) subject to subsection (2), determining the amount of:
(i) compensation;
(ii) reasonable expenses of bringing the action; and
(iii) interest pursuant to The Pre-judgment Interest Act from the date that the Registrar received the claim.
(2) Any judgment for compensation made pursuant to subclause (1)(b)(i) must not exceed the amount of compensation allowed pursuant to section 87.
2000, c.L-5.1, s.92.
Payment of compensation
93(1) With respect to compensation relating to an incident that occurred before the coming into force of section 1 of this Act, the Minister of Finance, on receipt of either of the following documents, shall pay to the person to be compensated the amount of any compensation, expenses, costs and interest stipulated in the document:
(a) a certificate of the Registrar pursuant to clause 90(2)(a);
(b) a judgment of the court pursuant to section 92.
(2) The amount mentioned in subsection (1) is a charge on and is payable out of the general revenue fund.
(3) With respect to compensation relating to an incident that occurred after the coming into force of section 1 of this Act, the corporation, on receipt of one of the following documents, shall pay to the person to be compensated the amount of any compensation, expenses, costs and interest stipulated in the document:
(a) a certificate of the Registrar pursuant to clause 90(2)(b);
(b) a judgment of the court pursuant to section 92.
(4) The amount mentioned in subsection (3) is a charge on and is payable by the corporation.
2000, c.L-5.1, s.93.
Subrogation of Registrar
94 Where compensation is paid to a person pursuant to section 93, the Registrar is subrogated to that person's rights and can recover the amount of compensation from the person responsible for the loss or from that person's insurer or, where the wrongdoer is deceased or bankrupt or insolvent, from that person's estate.
2000, c.L-5.1, s.94.
Right of plaintiff to bring action against third party
95(1) Any person who sustains a loss or damage with respect to a matter governed by this Act may bring an action against a person responsible for the loss other than the Registrar.
(2) A person who brings an action pursuant to subsection (1) must notify the Registrar of the action, in writing, at the time the action is commenced.
(3) The Registrar may apply to the court to be joined as a party in any action commenced pursuant to subsection (1).
2000, c.L-5.1, s.95.
Loss of claim
96 No person shall claim compensation from the Registrar pursuant to this Part if the person has:
(a) obtained judgment with respect to the loss or damage against a defendant where notice was not given to the Registrar; or
(b) where notice has been given to the Registrar, settled the action with the defendant without the approval of the Registrar.
2000, c.L-5.1, s.96