53 Procedure To Cancel Defective Grants

• 53 (1) If, in a Crown grant under this Act, the minister finds an omission of the conditions of the Crown grant or the issue of a Crown grant under this or a former Act in the name of the wrong person or with a clerical error or defective description of the land intended to be granted, the minister may, if the minister considers it advisable, direct the defective Crown grant to be cancelled and a correct one issued, or make the changes and adjustments the minister considers advisable to rectify the error.
• (2) A corrected Crown grant relates back to the date of the cancelled grant and has the same effect as if issued at the date of the cancelled grant.
• (3) If the minister cancels a Crown grant under this section or if the minister finds that the Crown land was not available for disposition, or that the survey or information provided by the applicant was incorrect,

• (a) section 44(2) applies, or
• (b) the minister may substitute other Crown land of a value that the minister considers reasonable in the circumstances.

• (4) If other land is substituted, the minister must issue a Crown grant for the substituted land and, if the minister considers it advisable, the new grant may be dated as of the date of the original Crown grant.
• (5) The substituted Crown grant has the same effect as if it had been issued on the original date.
• (6) The power conferred by this section may be exercised whether or not title to the land has been registered in a land title office.
• (7) If a grant is cancelled, the registrar of the appropriate land title office must cancel registration of the indefeasible title or absolute title of the land.
• (8) A person who has possession of a cancelled Crown grant must deliver it to the minister when required to do so.

1979-214-50; 1982-60-102, proclaimed effective August 1, 1983; 1990-4-5.