Land Title Practice Manual

11 Lien For Amount Of Exemption, Refund Or Credit

In This Volume

11 (1) In order to secure the amount of the tax liability that a transferee is or may be obliged to pay to the administrator under section 9 or 12.12(8), the administrator may register against the property in the appropriate land title office a lien form claiming a lien conferred by this section in the same manner that a charge is registered under the Land Title Act.

  • (2) On registration of a lien form against the property under subsection (1), a lien for the amount of the tax liability referred to in that subsection is created on the property.
  • (3) The lien created under this section expires on the first anniversary date of the registration date unless the administrator, before the expiration of the lien,
  • (a) discharges the lien, in which event the lien ceases to exist on the effective date of the discharge, or
  • (b) registers a renewal of lien in the appropriate land title office in the same manner that a charge is registered under the Land Title Act.
  • (4) A lien created on the property under subsection (2) or renewed under subsection (3)(b) has priority over all other claims of every person except any claims secured by liens, charges or encumbrances registered against the property before the date on which the lien form referred to in subsection (1) was registered to create the lien.
  • (5) If the administrator registers a lien form in respect of a tax liability under subsection (1) or a renewal of lien under subsection (3)(b) and it is subsequently determined that the amount referred to in the lien form or renewal of lien is different than the amount of the tax liability to which the transferee is or may be obliged to pay to the administrator under section 9 or 12.12(8), the administrator may correct the amount by
  • (a) registering a new lien form or renewal of lien in the revised amount, and
  • (b) discharging the original lien form or renewal of lien,
  • but for the purposes of subsection (4) the new registration under paragraph (a) is deemed to have been effected at the same time that the lien form that created the lien was registered under subsection (2).

1987-15-3.26; 1994-14-4, effective March 23, 1994; 2008-10-94, effective February 20, 2008; 2016-3-52, effective February 17, 2016.

PRACTICE

Registrations

Registrars take the position that:

  1. A freehold transfer may be registered subject to a first time home buyers lien already on title.
  2. A discharge of a first time home buyers lien that names a party not presently on title will be accepted for registration.

Discharge of Expired Lien

The tax lien expires on the first anniversary of its registration, unless the administrator discharges the lien or the lien is renewed. An application under s. 246 of the Land Title Act is required to effect a cancellation of the lien registration after its expiry.