PART XII - Assurance and Compensation

 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.