Bankruptcy and Insolvency Act

Marginal note:Registration of receiving order or assignment

• 74 (1) Every receiving order, or a true copy thereof certified by the registrar or other officer of the court that made it, and every assignment, or a true copy thereof certified by the official receiver, may be registered by or on behalf of the trustee in respect of the whole or any part of any real property that the bankrupt owns or in which he has any interest or estate in the proper office in every district, county and territory wherein, according to the law of the province in which the real property is situated, deeds or transfers of title and other documents relating to lands or any interest therein may be registered.

• Marginal note:Effect of registration under a Land Titles Act

  (2) Where a bankrupt is the registered owner of any land or charge, the trustee, on registration of the documents referred to in subsection (1), is entitled to be registered as owner of the land or charge free of all encumbrances or charges mentioned in subsection 70(1).

• Marginal note:Caveat may be filed

  (3) Where a bankrupt owns any land or charge registered under a Land Titles Act or has or is believed to have any interest or estate therein, and for any reason a copy of the receiving order or assignment has not been registered as provided in subsection (1), a caveat or caution may be lodged with the official in charge of the land registry by the trustee, and any registration thereafter made in respect of the land or charge is subject to the caveat or caution unless it has been removed or cancelled under the provisions of the Land Titles Act under which the land, charge or interest is registered.

• Marginal note:Duty of officials to register documents

  (4) Every registrar to whom a trustee tenders or causes to be tendered for registration any receiving order, assignment or other document shall register it according to the ordinary procedure for registering within his office documents relating to real property.