It is provided by the Mortgages Act, R.S.O. 1914, c. 112, s. 7, as follows:

7. There shall, in the several cases in this section mentioned, be deemed to be included, and there shall in those several cases be implied, covenants to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject-matter or share thereof expressed to be conveyed by him with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common, that is to say:-

(a) In a conveyance by way of mortgage the following covenants by the person who conveys, and is expressed to convey as beneficial owner, namely, covenants,

(i) For payment of the mortgage money and interest, and observance in other respects of the proviso in the mortgage;

(ii) For good title;

(iii) For right to convey;

(iv) That, on default, the mortgagee shall have quiet possession of the land; free from all encumbrances;

(v) That the mortgagor will execute such further assurances of the said lands as may be requisite; and

(vi) That the mortgagor has done no act to encumber the land mortgaged; according to the forms of covenants for such purposes set forth In Schedule B to The Short Forms of Mortgages Act, subject to the provisions of that Act.

(6) In a conveyance by way of mortgage of leasehold property, the following further covenants by the person who conveys and is expressed to convey, as beneficial owner, namely,

(i) That the lease or grant creating the term or estate for which the land is held is, at the time of conveyance,, a good, valid and effectual lease or grant of the land conveyed, and is in full force, unforfeited, and unsurrendered, and in nowise become void, or voidable, and that all the rents reserved by, and all the covenants, conditions and agreements contained in the lease or grant and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed and performed up to the time of conveyance; and also

(ii) That the person so conveying, or the persons deriving title under him, will at all times, as long as any money remains on the security of the conveyance, pay, observe and perform, or cause to be paid, observed and performed, all the rents reserved by, and all the covenants, conditions and agreements contained in the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him, to be paid, observed and performed, and will keep the person to whom the conveyance is made and those deriving title under him indemnified against all actions, proceedings, costs, charges, damages, claims and demands, if any, to be incurred or sustained by him or them by reason of the non-payment of such rent, or the non-observance or non-performance of such covenants, conditions and agreements, or any of them.

8. In a mortgage, where more persons than one are expressed to convey as mortgagors, or to join as covenantors, the implied covenants on their part shall be deemed to be joint and several covenants by them; and where there are more mortgagees than one, the implied covenant with them shall be deemed to be a covenant with them jointly unless the amount secured is expressed to be secured to them in shares or distinct sums; in which latter case the implied covenant with them shall be deemed to be a covenant with each severally in respect of the share or distinct sum secured to him.

It is also provided by the Conveyancing and Law of Property Act, R.S.O. 1914, c. 109, s. 22, sub-s. 1, clause (c), that in a conveyance by a person who conveys, and is expressed to convey, as mortgagee, there shall be implied a covenant on his part against encumbrances created by him.

It is provided by the Land Titles Act, R.S.O. 1914, c. 126, s. 31, sub-s. 1, and s. 32, as follows:

31.- (1) Where a registered charge is created there shall be implied on the part of the registered owner, at the time of the creation of the charge, his heirs, executors and administrators, unless there is an entry on the register negativing the implication, covenants with the registered owner for the time being of the charge:

(a) To pay the principal sum charged and interest, if any, thereon at the appointed time and rate; and all taxes, rates, charges, rents, statute labour or other impositions theretofore or thereafter imposed or charged on the land, and that in case of default all payments made by the owner of the charge may be added to the principal sum and bear interest;

(b) If the principal sum or any part thereof is unpaid at the appointed time to pay interest half yearly at the appointed rate on so much of the principal sum as for the time being remains unpaid.

32. Where a registered charge is created on any leasehold land there shall be implied on the part of the registered owner of such leasehold land, at the time of the creation of the charge, his heirs, executors, and administrators, unless there is an entry on the register negativing the implication, covenants with the registered owner for the time being of the charge:

(a) That the registered owner of such leasehold land, at the time of the creation of the charge, his executors, administrators or assigns will pay, perform and observe the rent, covenants and conditions by and in the registered lease reserved and contained, and on the part of the lessee to be paid, performed and observed; and

(b) Will keep the owner of the charge, his executors, administrators and assigns indemnified against all actions, suits, expenses and claims on account of the non-payment of such rent, or any part thereof, or the breach of such covenants or conditions or any of them.

In Saskatchewan it is provided by the Land Titles Act, 1917, s. 104, as follows:

104. In every mortgage there shall be implied, against the mortgagor remaining in possession, a covenant that he will repair and keep in repair all buildings or other improvements erected and made upon the land, and that the mortgagee may at all convenient times until the mortgage is redeemed enter into or upon the land, with or without surveyors, to view the state of repair of the buildings or improvements.

Similar provisions are in force in Alberta and the Northwest Territories (e).

(e) Alta. statutes, 1906, c. 24, s. 69; R.S.C. 1906, c. 110, s. 108.