O. Reg. 76/08: Electronic Registration

 

ontario regulation 76/08

made under the

land registration reform act

Made: April 7, 2008
Filed: April 7, 2008
Published on e-Laws: April 7, 2008
Printed in The Ontario Gazette: April 26, 2008

Amending O. Reg. 19/99

(Electronic Registration)

1. (1) Section 4 of Ontario Regulation 19/99 is amended by striking out the portion before clause (a) and substituting the following:

4. A document submitted for electronic registration, other than a power of attorney or a revocation of a power of attorney, shall contain,

. . . . .

(2) Clause 4 (i) of the Regulation is revoked and the following substituted:

(i) if the document is made by an attorney acting under a power of attorney given by a donor that is not a corporation,

(i) a statement by the attorney that, to the best of the attorney’s knowledge and belief,

(A) the donor was at least 18 years old and had the legal capacity to give the power when giving it, and

(B) the power is in full force and effect,

(ii) a statement by the solicitor submitting the document confirming that the solicitor has reviewed the power with the attorney who has confirmed that,

(A) the attorney is the lawful party named in the power,

(B) the attorney is acting within the scope of the authority granted by the power,

(C) to the best of the attorney’s knowledge, information and belief, the power was lawfully given and has not been revoked, and

(D) if the attorney is a corporation, the person signing the document at the time the document was made was in the stated position at the corporation and had the authority to bind the attorney, and

(iii) the registration number and date of the power;

(i.1) if the document is made by an attorney acting under a power of attorney given by a donor that is a corporation,

(i) a statement by the attorney that,

(A) to the best of the attorney’s knowledge and belief, the power is in full force and effect,

(B) the attorney is acting within the scope of the authority granted under the power, and

(C) the attorney has the authority to bind the donor, and

(ii) the registration number and date of the power;

(3) Subclause 4 (m) (ii) of the Regulation is amended by striking out “this Act” and substituting “the Act”.

2. (1) Section 5 of the Regulation is amended by striking out “and” at the end of clause (f) and by adding the following clause:

(f.1) subject to subsection (3), the statements that are described in one of the paragraphs of subsection (2); and

(2) Section 5 of the Regulation is amended by adding the following subsections:

(2) The statements mentioned in clause (1) (f.1) are the following:

1. A statement by each of the solicitor for the transferor and the solicitor for the transferee that the solicitor for the transferor and the solicitor for the transferee are not one and the same.

2. A statement by the solicitor for the transferor that the solicitor for the transferor and the solicitor for the transferee are one and the same and the transfer is being made in accordance with the solicitor’s professional standards.

3. A statement by the solicitor for the transferor that the transferor and the transferee are one and the same and the transfer is being made to effect a change in legal tenure.

4. A statement by the solicitor for the transferor that the transferor and the transferee are one and the same and the transfer is being made to effect a severance of land.

5. A statement by the solicitor for the transferor that the transfer is from an estate trustee, executor or administrator to a person who is beneficially entitled to a share in the estate.

(3) No statement is required under clause (1) (f.1) if,

(a) the land that the transfer affects is being acquired or disposed of by the Crown in right of Ontario, the Crown in right of Canada, a Crown corporation, an agency, board or commission of the Crown or a municipal corporation; or

(b) the transfer is being made to effect the transfer of an easement.

3. Section 8 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

8. In addition to the matters set out in section 4, a document submitted for electronic registration, other than a transfer, charge, discharge, power of attorney or revocation of a power of attorney, shall contain,

. . . . .

4. Section 27 of the Regulation is revoked.

5. The Regulation is amended by adding the following section:

39.1 (1) A power of attorney submitted for electronic registration shall contain,

(a) a statement of the type of the document;

(b) statements setting out the effect of the document;

(c) the date that the preparation of the document was completed;

(d) the date that the land registrar received the document for registration;

(e) the names of the parties to the document;

(f) an address for service, including the postal code, for the person claiming or obtaining an interest under the document or for the person’s solicitor;

(g) the name, address, telephone number and fax transmission number of the person who prepared the document;

(h) the name, address, telephone number and fax transmission number of the person who submitted the document;

(i) if the document is made by a corporation, a statement by the person acting for the corporation that the person is authorized to bind the corporation;

(j) all other information that the Director considers necessary to establish the interest claimed by the parties to the document;

(k) a statement whether the power is for a limited purpose or a general purpose; and

(l) an image, in electronic format, of the original executed and witnessed power or of a notarial or certified copy of the original.

(2) A revocation of a power of attorney submitted for electronic registration shall contain,

(a) the matters set out in clauses (1) (a) to (k);

(b) the registration number and date of registration of the other documents, if any, to which the document relates; and

(c) one of the following:

(i) an image, in electronic format, of the original executed and witnessed revocation, other original evidence of the revocation or a notarial or certified copy of the original,

(ii) both of the following:

(A) an image, in electronic format, of the original order revoking the power or a notarial or certified copy of the original order,

(B) a statement by the solicitor for the registrant that the order revoking the power is in full force and effect,

(iii) a statement by the solicitor for the registrant that the power is no longer in force, as a result of the death of the donor.

6. Subsection 40 (1) of the Regulation is revoked and the following substituted:

(1) No person other than a person who is entitled to practise law in Ontario as a solicitor shall make the statements mentioned in subclause 4 (i) (ii), subsection 5 (2), sections 14, 15, 19 and 20, subsection 25 (2), clause 28 (d), section 30, subclause 33 (1) (b) (ii), clauses 34 (2) (b) and (c), sub-subclause 39.1 (2) (c) (ii) (B) and subclause 39.1 (2) (c) (iii).

7. This Regulation comes into force on the day it is filed.

Made by:

Katherine Murray

Director of Titles

Date made: April 7, 2008.