S-12.2 — Standard Forms of Conveyances Act

s. 0.1

The purpose of this Act is to standardize the form and content of conveyances of land, to simplify the English language version of common law legal terms and provide French language equivalents for these terms, and to provide shortened equivalents in both official languages for traditional long form legal clauses. 1984, c.63, s.1

s. 1 — Definitions

In this Act 1984, c.63, s.2; 1986, c.77, s.1

s. 1 — condition

“condition” includes a warranty, representation or proviso;(condition)

s. 1 — conveyance

“conveyance” means an instrument which expresses an intention to convey thereby a property right;(transfert)

s. 1 — covenant

“covenant” includes a warranty, representation or proviso;(engagement)

s. 1 — debenture

“debenture” means a debenture that contains a mortgage or other charge of land;(débenture)

s. 1 — lease

“lease” means an instrument which expresses an intention to convey thereby a leasehold interest but does not include a standard form of lease made pursuant to The Residential Tenancies Act;(bail)

s. 1 — number

“number” when used in relation to the numbers assigned by the Chief Registrar of Deeds under section 2.21 includes a number and letter combination.(numéro)

s. 2 — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

1983, c.87, s.1; 1986, c.77, s.2

s. 2(1) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

The Lieutenant-Governor in Council may make regulations prescribing the form and content of conveyances of land by deed, lease, mortgage and debenture, and thereafter a conveyance drawn contrary to such regulation shall not be accepted for registration in a registry office, notwithstanding the Registry Act.

s. 2(1.1) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

Notwithstanding subsection (1), the parties to a conveyance of land by deed, lease, mortgage or debenture made in a form prescribed hereunder may include in the conveyance any covenant or condition.

s. 2(1.2) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

The Lieutenant-Governor in Council may make regulations prescribing the form and content of an agreement for the sale or purchase of land, and thereafter an agreement drawn contrary to such regulation shall not be accepted for registration in a registry office, notwithstanding the Registry Act.

s. 2(2) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

In making regulations pursuant to subsection (1) the Lieutenant-Governor in Council may prescribe the meaning and legal effect of any language used in any form prescribed thereunder, and any conveyance made in a form prescribed by regulation shall be construed in all courts in accordance with the meaning and legal effect assigned to its language by the regulations.

s. 2(2.1) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

In making regulations pursuant to subsection (1), the Lieutenant-Governor in Council may prescribe the meaning and legal effect of the language used in a covenant or condition which may be included in a conveyance of land by deed, lease, mortgage or debenture and any such covenant or condition contained in a conveyance made in a form prescribed hereunder shall be construed in all courts in accordance with the meaning and legal effect assigned to its language by the regulations.

s. 2(2.2) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

Any regulation made pursuant to subsection (1) for the purposes of subsection (2) or (2.1) may be retroactive in its operation, and any regulation which is to be retroactive in its operation shall specify the date on which it shall be deemed to have come into force.

s. 2(3) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

The Lieutenant-Governor in Council may make regulations prescribing the size, style of type, general format and other matters of like nature pertaining to standard forms of conveyances by deed, lease, mortgage or debenture and of agreements prescribed under the authority of this Act.

s. 2(4) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

Nothing contained in this section affects

s. 2(4)(a) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

(a) the validity or effect of any conveyance of land by deed, lease, mortgage or debenture or any agreement drawn contrary to any regulation made pursuant to this section, as regards the persons who are the parties thereto; or

s. 2(4)(b) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

(b) the acceptance for registration in a registry office of a conveyance by deed, lease, mortgage or debenture or of an agreement which was drawn, executed and delivered prior to the promulgation of the regulations authorized under this section.

s. 2(5) — Form and content of conveyances of land and agreements for sale or purchase of land, format of forms

Notwithstanding subsection (1), a conveyance of land by deed, lease, mortgage or debenture drawn, executed and delivered after the coming into force of this Act and the regulations authorized under this section, shall, upon its registration in a registry office, be deemed to have been in compliance with this Act and the regulations.

s. 2.1

1984, c.63, s.3; 2023, c.17, s.258

s. 2.1(1)

Notwithstanding section 2, the Chief Registrar of Deeds under the Registry Act may, in his discretion, direct a registrar of deeds to register a document which, in the opinion of the Chief Registrar of Deeds, does not contravene the purpose of this Act.

s. 2.1(2)

Any person who is dissatisfied with a decision of the Chief Registrar of Deeds may require the Chief Registrar of Deeds to provide to him written reasons for the decision, which written reasons the Chief Registrar of Deeds shall provide within seven days of receiving the request therefor.

s. 2.1(3)

Any person who is dissatisfied with a decision of the Chief Registrar of Deeds may make an application to The Court of King’s Bench of New Brunswick stating the grounds of dissatisfaction with the decision and the relief or remedy sought.

s. 2.1(4)

The Court may make such order in respect of the application and as to costs as the circumstances of the case require.

s. 2.2

Where a conflict exists between the English version and the French version of wording prescribed hereunder, the meaning and legal effect of such wording in a conveyance shall be determined by the language version in which the conveyance was executed unless a contrary intention is expressed in the conveyance. 1984, c.63, s.3

s. 2.21

1986, c.77, s.3

s. 2.21(1)

A person may file a document containing covenants and conditions at any registry office.

s. 2.21(2)

Where a document containing covenants and conditions is first filed at a registry office, the Chief Registrar of Deeds under the Registry Act shall assign a number to the document.

s. 2.21(3)

Where a number has been assigned to a document containing covenants and conditions under subsection (2), no further number shall be assigned to that document when it is subsequently filed in any registry office.

s. 2.21(4)

The parties to a conveyance of land by deed, lease, mortgage or debenture may, if the conveyance is to be registered at a registry office at which a document has been filed under subsection (1), include in the conveyance the covenants and conditions contained in that document by designating in the appropriate place in the conveyance the number that has been assigned by the Chief Registrar of Deeds to that document.

s. 2.21(5)

The parties to a conveyance of land by deed, lease, mortgage or debenture may agree to delete or modify any of the conditions included in the conveyance under subsection (4) by including in the conveyance an express covenant or condition to that effect.

s. 2.22

Service New Brunswick is responsible for the administration of this Act. 2015, c.44, s.110

s. 2.3

This Act binds the Crown. 1984, c.63, s.3

s. 3 — Commencement