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Bulletin information:

Issue Date: December 22, 1993
Legislation: Land Titles Act and Registry Act

Bulletin content:

Affidavits of witness are not required on most documents registered in the Registry system (see s. 29 of The Registry Act R.S.O. 1990, chapter. R.20) and the Land Titles system (see Subsection 19(4) of O. Reg. 690 under The Land Titles Act). The requirements for a statement of witness outlined in the Document User Guide at paragraph 33, 445 for documents signed by making his or her mark X or in foreign characters, is no longer valid and is replaced as indicated below.

Documents signed in other than English or French, or in foreign characters

A document signed in languages other than English or French, or in foreign characters is to be examined and registered in the same manner as a document signed in English and French. No additional affidavit with respect to the signature is required.

Documents signed by making a mark

An affidavit of subscribing witness is required in cases where a document is executed by an individual by making his/her mark “X”. The following format may be used in the affidavit of the subscribing witness accompanying these types of documents:

“I am a subscribing witness to the attached document and I was present and saw it executed by, (name of the party), by making his/her mark X, (either use wording in No. 1 or 2 below to complete the sentence.)

  1. after the party had read the document.”, or
  2. after the document was read to the party and the party appeared to fully understand it.”

The first sentence of the last paragraph of page 5625 of the Document User Guide, (1986 edition) beginning with the words “where a party is unable to read” and ending with the words, “appeared to fully understand it” is deleted and replaced by the following:

Where a party signed the document by making his or her mark, an affidavit of subscribing witness must be added by the witness stating the following:

“I am a subscribing witness to the attached document and I was present and saw it executed by (name of the party) by making the mark X (either use the wording in No. 1 or 2 below to complete the sentence.)

  1. after the party had read the document.”, or
  2. after the document was read to the party and the party appeared to fully understand it.”

Original signed by:

Despina H. Georgas, Director of Land Registration
Katherine M. Murray, Director of Titles