EM2005-02 Public Infrastructure Renewal
Last revised:
October 12, 2005
Memo to:
All Land Registrars
From:
Kate Murray
Director of Titles
Contents of the memo:
Effective September 21, 2005, all of the powers and duties held by the Chair of the Management Board of Cabinet and the Management Board Secretariat in respect of dealing with real property owned by the Government of Ontario were assigned to the Minister of Public Infrastructure Renewal and the Ministry of Public Infrastructure Renewal by Order-in-Council 1487/2005. In addition, this Order-in-Council assigned and transferred all of the powers and duties of the Chair of the Management Board of Cabinet listed in Part IX.1, Ownership and Use of Corridor Land, Electricity Act, 1998 S.O. 1998, c. 15, Schedule A.
Following discussions with the Ministry of Public Infrastructure Renewal, it was agreed that recognition of this assignment would be accomplished under the Registry and Land Titles Systems as follows:
Corridor Land
Land Titles:
Recognition of the new ownership of any Corridor Land assets still registered in the name of a Hydro entity will require an Application to Amend the Register under section 69 of the Land Titles Act. Appendix ‘A’ to this memo sets out the recitals that must be included in Statement 61 of an electronic Application General or on a Schedule page of a paper land titles document.Registry:
Order-In-Council 1487/2005 should be registered as a General Registration prior to the registration of any documents purporting to deal with Corridor Lands. Recitals regarding the transfer of Corridor Land to the Minister of Public Infrastructure Renewal can then be included in an attached schedule on the next registration document involving Corridor Lands. Suggested recitals regarding the transfer of Corridor Lands can be found on Appendix ‘A’ to this memo.
Land Registered in the Name of Her Majesty the Queen in Right of Ontario as Represented by a Ministry or Minister
Land Titles:
Prior to any dealings with the land now under the jurisdiction of the Minister of Public Infrastructure Renewal, an Application to Change Name should be registered on the respective parcel or parcels. In support of the Application, statements setting out the chain of ownership starting with the current registered owner through to the Minister of the Public Infrastructure Renewal must be provided. These statements should reference the applicable statutes, and registration numbers of supporting documentation. Alternatively, supporting documentation, such as a certified copy of Order-in-Council 1487/2005 may be attached to the Application.Upon registration of the Application to Change Name, the owners name will be amended for the affected parcel or parcels. Subsequent documents may then be registered as authorized by the Minister of Public Infrastructure Renewal.
Registry:
Order-In-Council 1487/2005 should be registered as a General Registration prior to the registration of documents dealing with land now under the jurisdiction of the Ministry of Public Infrastructure Renewal.Recitals setting out the assignment of the power and duties, along with the registration number of the General Registration of the Order-in-Council, can be included in a schedule attached to documents registered to deal with the interest held by the Ministry of Public Infrastructure Renewal.
In the statements as to the chain of ownership from the current registered owner to the Minister of the Public Infrastructure Renewal, reference should be made to the applicable statutes and registration numbers of supporting documentation as required.
Any questions in this matter may be directed to a Legal and Technical Officer at the Title and Survey Services Office.
Appendix A
Schedule:
Her Majesty The Queen in right of Ontario as represented by The Minister of Public Infrastructure Renewal, the owner of the lands herein described, by virtue of the Electricity Act, 1998, as amended, hereby applies under Section 69(1) of the Land Titles Act to have the register for the aforesaid lands amended by changing the name of the registered owner on the parcel register to Her Majesty The Queen in right of Ontario as represented by The Minister of Public Infrastructure Renewal.
The evidence in support is as follows:
The name of The Hydro-Electric Power Commission of Ontario was changed to Ontario Hydro by virtue of the Power Commission Amendment Act, 1973, proclaimed in force March 4, 1974.
Ontario Hydro Networks Company Inc., now Hydro One Networks Inc. is a person referred to in Section 124 of the Electricity Act, 1998 and is a person from which no consent was required in respect of the transfer in the transfer order, as amended, pursuant to subsection 116(5) of the Electricity Act, 1998.
A fee interest in the lands described herein was transferred unconditionally to Ontario Hydro Networks Company Inc. from Ontario Hydro by or pursuant to a transfer order, as amended, made under the Electricity Act, 1998, which transfer has taken effect.
There were no conditions or other provisions in the transfer order, as amended, that restrict the power or right of any person to make the within Application to Amend the Register with respect to the lands described herein.
The foregoing statements are statements made pursuant to Section 124 of the Electricity Act, 1998.
The name of Ontario Hydro Networks Company Inc. was changed to Hydro One Networks Inc. as evidenced by the Articles of Amendment registered as Instrument No. [instrument number] on [date], 2000 [Or attached to Instrument No. [insturment number](Land Titles Division only) ].
The following statement is made by the Applicant herein pursuant to Section 114.2(5) of the Electricity Act, 1998, as amended.
The fee simple interest in the lands described herein was transferred unconditionally as of December 31, 2002, from Hydro One Networks Inc. to Her Majesty The Queen in right of Ontario pursuant to Section 114.2(1) of the Electricity Act, 1998, as amended.
Pursuant to subsection 9(2) of the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, all real property belonging to the Government of Ontario, unless otherwise provided in any other Act or by the Lieutenant Governor in Council, is under the control of the Minister of Government Services.
By Order in Council No. 356/93, a true copy of which is attached [Or registered under General Registration number [registration number] on [date] 1993; Or attached to Instrument No. [enter instrument number](land titles only)] all of the powers and duties assigned by law to the Minister of Government Services were transferred and assigned to the Chair of the Management Board of Cabinet.
By Order in Council No. 1487/2005, a true copy of which is attached, [Or registered under General Registration number [regisration number] on [date] 2005 (Registry Division only) Or a true copy of which is attached to Instrument No. [enter instrument number](Land Titles Division only)] all of the powers and duties assigned by law to the Chair of the Management Board of Cabinet were transferred and assigned to the Minister of Public Infrastructure Renewal.
The above statements are made for no improper purpose.
Appendix B
Statues Administered by the Minister of Public Infrastructer Renewal
- Capital Investment Plan Act, 1993, S.O. 1993, c. 23, in respect of the Ontario Realty Corporation;
- Liquor Control Act, R.S.O. 1990, c. L.18;
- Ministry of Government Services Act, R.S.O. 1990, c. M. 25, in respect of the Ontario Realty Corporation and all real property matters;
- Ontario Lottery and Gaming Corporation Act, 1999, S.O. 1999, c. 12, Schedule L;
- Ontario Strategic Infrastructure Financing Authority Act, 2002, S.O. 2002, c. 22, Schedule A, except for subsections 4 (3) ,and (4) and sections 13, 16, 17 and 18, assigned to the Minister of Finance
- Places to Grow Act, 2005, S.O. 2005, c. 13
- Toronto Waterfront Revitalization Corporation Act, 2002, S.O. 2002, c.28.
Original signed by:
Copied:
John Dalgliesh, Director – Real Property Registration Branch
Regional Managers
Business Improvement Team
TSSO Staff