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Last revised
August 5, 1994

Memo to:

Regional Managers
Land Registrars

From:

Robert Blomsma
Director of Titles (Acting), Real Property Registration Branch

Contents of the memo:

The enclosed notice appeared in the July 29, 1994 issue of the Ontario Report. Note the interpretation of section 1(6) of the Act.

"All registrations for leases and related instruments will now require an Affidavit of Residence and Value of the Consideration to be filed with the document evidencing the conveyance, including those with terms of less than fifty years".

To date, most offices have been requiring affidavits only for leases with unexpired term of more than fifty years. As a result of this ruling, affidavits will be required with all leases, assignment of lease, subleases, options to lease and other transfers of interest in land as well as notices of all such interests.

This direction takes effect immediately. Land registrars should however permit registration without the affidavit if satisfied that the registrant did not have an adequate opportunity to obtain the affidavit, provided the purchaser or the purchaser's solicitor gives a written undertaking to provide the affidavit within five working days. All requests for information or assistance in completing the affidavit to comply with the requirement should be referred to the Ministry of Finance, Land Transfer Tax Section (905) 433-6361.

Original signed by:

Robert Blomsma

Copied:

Anthony G. Sharp, Deputy Director of Land Registration
Katherine M. Murray, Director of Titles