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Bulletin information:

Issue Date: October 1, 1989
Legislation: Corporations Tax Act

Bulletin content:

The Ministry of Revenue has advised that a Notice of Lien registered pursuant to section 92 of the Corporations Tax Act does not enjoy any priority over bona-fide prior registered encumbrances.

Accordingly, where a prior registered encumbrancer exercises a power of sale, the Notice of Lien under the Corporations Tax Act may be deleted from the register if the supporting material indicates that the required notice was served upon Her Majesty the Queen as represented by the Minister of Revenue or that no notice was required pursuant to the terms of the power of sale in the document.

The same applies in foreclosure actions. Where a Notice of Lien was registered prior to the issue of the writ and her Majesty has been specifically debarred, the Notice of Lien can be deleted.

The statements in the Land Titles Procedural Guide in regard to Notices of Lien under the Corporations Tax Act (Item 7 of Paragraph [30,605] at page 5084 [30,805] at page 5112) no longer apply.

This bulletin replaces Bulletin 79034.

Original signed by:

R. Logan, Director of Land Registrations
R. Blomsma, Director of Titles