The Honourable Gerry Byrne, Minister of Fisheries, Forestry and Agriculture, is providing additional details on an upcoming program that will offer an option for people seeking to clarify and secure property and title of their primary residence.
The upcoming Primary Residence Property Title Program is a quick and affordable option for people who can prove possession and occupation of their primary residential property but do not meet the requirements of adverse possession (commonly known as squatters’ rights). People can apply for a quitclaim deed that eliminates the Crown’s claim to a property. The fee will be based on income. For example, seniors on the federal Guaranteed Income Supplement will pay nothing except for processing fees.
Information on a combined income banding and sliding scale based on net household income is included in the attached backgrounder.
Under the new program:
- Possession and Occupation refer to possession of an existing residential property where occupation started prior to October 15, 2024, and continues to present day.
- Primary Residence means a residential dwelling within a municipality or local service district that is maintained all year, where one lives for most of the year, and is considered their permanent address. “Primary residence” does not include seasonal residences/cottages, houseboats, boat houses, trailers or other habitable structures that are not intended for year-round residential use.
If an applicant can demonstrate possession prior to October 15, 2024, they can apply for a quitclaim deed. Upon approval, the applicant will:
- Pay a percentage of market value of the land, with the cost determined by a new fee structure that uses a combined income banding and sliding scale based on net household income. Applicants in receipt of the Government of Canada Guaranteed Income Supplement will pay nothing for the land.
- Pay a document preparation fee.
- Provide an acceptable land survey.
Maximum lot size to be considered will be 1,860 square metres, except in cases where the applicant can demonstrate a strong and satisfactory claim to a larger area. Once enacted, the program will remain in place for a period of five years to allow residents to come forward to secure their interest. More details will become available on the department’s website once applications can be made.
Quote
“We deeply understand that the challenges associated with clarifying title can be unexpected and expensive, and people should not have to worry about securing title to a family home at critical points in their lives. The Primary Residence Property Title Program is a uniquely innovative game changer. It will lower the cost of securing property and ensure people on modest incomes will pay less. The program will allow for adjustments that reflect fair market value of land and is designed to favour, rather than punish, applicants.”
Honourable Gerry Byrne
Minister of Fisheries, Forestry and Agriculture
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Upcoming Legislation to Allow for Swift Provincial Government Dispossession of Crown Lands
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BACKGROUNDER
Combined Income Banding and Sliding Scale Based on Net Household Income
- Selected annual household income bands are:
1) $25,000 or less
2) $25,001-$100,000
3) $100,001 – $200,000
4) Greater than $200,000
- Within the second income band a sliding scale will be applied that would adjust the cost proportionate to the increase in household income. Household income would be determined through the provision of prior year income tax return(s) and based on line 23600 (Net Income). If applicant is not legally required to file taxes, the applicant will have to provide a sworn affidavit of net income.
- Approved applicants who can demonstrate current enrollment in the Government of Canada Guaranteed Income Supplement (GIS) Program will not be required to pay a percentage of the determined market value and will instead be subject to a consideration of $1 plus any administrative fees.
- Approved applicants who can demonstrate their annual net household income to be $25,000 or less will pay five per cent of the determined market value.
- The percentage paid by applicants whose annual net household incomes range between $25,001 and $100,000 would be adjusted with a 0.5 per cent increase being applied for every $1,000 income over $25,000.
- An applicant whose net household income is $100,000 would pay 42 per cent of market value.
- Applicants whose household income is between $100,001 and $200,000 would pay 75 per cent of market value and those with net household incomes of greater than $200,000 would pay 85 per cent.