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94 (1) Despite section 48, the minister may authorize the execution of a Crown grant if all money payable to the government for it has not been paid, as long as payment of the money has been secured to the satisfaction of the minister.

  • (2) If a Crown grant is executed under subsection (1), the minister may send to the registrar for the land title district in which the land is located a certificate signed by the minister containing the following:
  • (a) a description of the land satisfactory to the registrar;
  • (b) a statement of the principal sum remaining payable for the grant;
  • (c) the rate of interest payable;
  • (d) the terms of repayment;
  • (e) the name, address and occupation of the person who is to pay the money;
  • (f) an application, in a form that complies with the Land Title Act, to register the certificate as a charge in the land title office.
  • (3) A certificate under subsection (2) is deemed to be a mortgage to which sections 9 and 10 of the Land Transfer Form Act apply.
  • (4) The registrar must, without fee, register a certificate under subsection (2) as a charge against the title to the land described in it.
  • (5) Registration of the certificate creates a legal mortgage
  • (a) of the land described in it;
  • (b) by the person named in it as mortgagor;
  • (c) to the government as mortgagee;
  • (d) on terms prescribed under this Act for these mortgages, and on any other terms stated in it.
  • (6) The general law between mortgagor and mortgagee applies to a mortgage created under this section, and the government may enforce the mortgage by a proceeding in a court for foreclosure, payment of the mortgage debt, possession, judicial sale, the appointment of a receiver and by any other remedy ordinarily available to a mortgagee to enforce the security.
  • (7) On payment of the mortgage debt, the minister must send a certificate of discharge to the registrar, who must cancel the registration of the charge.

1979-214-89; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).