Registration
Form 8.1 is used to register a postponement. It can be found here: teranetmanitoba.ca/land-titles/land-titles-forms/
Effect
Postponements change the registration priority of the affected instruments, changing them vis-à-vis each other.
See section 109(2), The Real Property Act
Cannot postpone to prior instrument
A postponement will not be accepted by the district registrar to postpone the registration of an encumbrance to one that already has registration priority.
Priority of advances
Where the holder of a mortgage or encumbrance has advanced funds before a prior mortgage or encumbrance and the parties wish to avoid the effect of The Mortgage Act as it relates to their respective priorities, they can execute a postponement of advances agreement. This is a private agreement between the parties and does not have any effect on the priority of registrations or on other instruments. If the parties wish, they can give notice of this agreement by way of caveat, by selecting, “Postponement of Advances” in the drop-down list in box 3 of the eCaveat. The registration numbers of the relevant instruments should be entered into box 6 of the eCaveat.
See section 17, The Mortgage Act
Multiple instrument postponements
Where parties are seeking to postpone one instrument to multiple subsequent instruments, one postponement form can be used and one registration fee will be charged.
Where parties are seeking to postpone multiple instruments to one instrument, separate postponements will be required for each instrument to be postponed, and a separate fee will be charged for each such postponement.
See Witnessing rules.