Statutes of Newfoundland 1995 Chapter 32

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Statutes of Newfoundland 1995

CHAPTER 32 CHAPTER 32

AN ACT TO AMEND THE LEASEHOLDS IN
ST. JOHN'S ACT
(Assented to December 21, 1995)

Analysis

1. S.2 Amdt.
Interpretation

2. S.2.1 (1) R&S
City to acquire freehold

3. S.4(1) R&S
Ancient lease in residential use

4. S.5.1(3) and (4) R&S
Statutory lien

5. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN1990 cL-10 as amended

1. (1) Paragraph 2(1)(a) of the Leaseholds in St. John's Act is amended by striking out the word "vacant".

(2) Paragraph 2(1)(c) of the Act is amended by adding immediately after the word "land" the words "but does not include a mobile home or trailer".

(3) Section 2 of the Act is amended by adding the following immediately after subsection (3):

(3.1) A lease of land within the city that was made after August 1, 1921 and before June 1, 1977 is, in the absence of evidence to the contrary, presumed to be a modern lease.

2. Subsection 2.1(1) of the Act is repealed and the following substituted:

City to acquire freehold

2.1 (1) After the commencement of this section all the right, title and interest of a lessor in any land subject to an ancient or a modern lease not in commercial use within the city, including

(a) land on which a dwelling house is located that is held in part under an ancient lease and in part under a modern lease; or

(b) land held under a lease entered into before June 1, 1977 that is used by the lessee for a purpose associated with his or her residence in the dwelling house,

shall vest in the city.

3. Subsection 4(1) of the Act is repealed and the following substituted:

Ancient lease in residential use

4. (1) Notwithstanding a clause or a condition to the contrary in the lease, an ancient lease of land not being occupied for a commercial use is subject to a condition that the lessee may during the currency of the lease purchase the freehold in the land upon payment to the lessor of an amount of money equal to 40 times the amount of the annual rental payable for the land under the ancient lease.

4. (1) Subsection 5.1(1) of the Act is repealed.

(2) Subsections 5.1(3) and (4) of the Act are repealed and the following substituted:

(3) Where the lessee does not reimburse the city within the time stated in subsection (2), the amount of money paid by the city to the lessor is considered to be an assessment.

(4) The provisions of section 281 of the City of St. John's Act shall apply, with the necessary changes, to an amount considered to be an assessment under subsection (3).

Commencement

5. This Act comes into force on the day An Act To Amend The Leaseholds In St. John's Act, chapter 27 of the Statutes of Newfoundland, 1994 comes into force.