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Income and Employment Supports Act

Published Date: November 01, 2010
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Part 6 Recovery and Offences (Sections 34-42)

Section 39 Registration in land titles office

  1. In this section, “order” means a judgment in debt for an amount owing under this Part.

  2. An order, certificate or agreement referred to in section 38(2) may be registered in any land titles office and the registration, so long as the order, certificate or agreement remains in force,

    1. binds all legal and equitable interests of the debtor in any land registered in the debtor’s name at the time of or after registration of the order, certificate or agreement, and

    2. operates on those interests in the same manner and with the same effect as registration of a charge by the debtor on the land of the debtor.

  3. The Registrar of Land Titles shall cancel the registration of an order, certificate or agreement registered under subsection (2) on the presentation to the Registrar of a notice issued by the Director stating

    1. that the person is not required to make further payment under the order, certificate or agreement,

    2. in the case of an order or certificate, that the order or certificate has terminated or has been revoked by an order of the Court of Queen’s Bench, or

    3. in the case of an agreement, that the agreement has terminated or has been discharged.

  4. If the Director, on application to the Director, refuses to issue a notice under subsection (3), the applicant may apply to the Court of Queen’s Bench for an order directing the Registrar of Land Titles to cancel the registration of the order, certificate or agreement.

  5. An order by the Court of Queen’s Bench under subsection (4) may be made only where the court is of the opinion that grounds exist on which the Director could have issued a notice under subsection (3).