Property law needs more stable ground in Newfoundland and Labrador

Log in to listen to this article

In a nutshell

The CBA’s Real Property Section is concerned that amendments under Newfoundland and Labrador’s Lands Act could affect the property rights of homeowners and businesses, and lessen the confidence that national lenders and insurers have in the province’s real estate system. The CBA is particularly concerned about the implementation of subsection 36(6) of the Lands Act, which bars applications or claims more than five years after the subsection comes into force, setting a deadline of December 2029. With this deadline and no clear adjudicative process, lawyers face the difficulty of whether to advise clients to take urgent steps to seek Crown grants or to initiate court proceedings in advance of the statutory deadline.

Key recommendations

Real property law in Newfoundland and Labrador is shaped by a complex Crown lands regime, under which a significant proportion of land remains ungranted despite longstanding settlement. The Law Society of Newfoundland and Labrador has recently cautioned that it may be unsafe to certify title to ungranted land. The CBA therefore recommends:

1. Repealing subsection 36(6) and the December 2029 claims submission deadline. The prospect of extinguishing longstanding property interests has undermined confidence in the province’s real property regime and created significant vulnerabilities for landowners and financial stakeholders.
    
2. Adopting a land tenure clarification framework. In place of a fixed deadline, the CBA recommends adopting a model similar to that of Nova Scotia’s Land Titles Clarification Act. This framework should establish a clear process, provide immediate guidance, and ensure fairness.

Why this matters

From a national perspective, certainty of title is foundational to mortgage lending and title insurance. People should not lose longstanding property rights simply because there is no clear and accessible process to confirm them. Certainty about who owns land is essential for homeowners, businesses, lenders and insurers, and for confidence in the real estate market.

Read the full submission.