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(b) is similar in substance to that Act as it reads immediately before it is to be repealed in respect of that Territory; and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