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O. Reg. 86/18: ELECTRONIC REGISTRATION

filed March 7, 2018 under Land Registration Reform Act, R.S.O. 1990, c. L.4

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ontario regulation 86/18

made under the

Land Registration Reform Act

Made: March 5, 2018
Filed: March 7, 2018
Published on e-Laws: March 7, 2018
Printed in The Ontario Gazette: March 24, 2018

Amending O. Reg. 19/99

(ELECTRONIC REGISTRATION)

1. (1) The definition of “document” in section 1 of Ontario Regulation 19/99 is amended by striking out the portion before clause (a) and substituting the following:

“document” includes a plan of subdivision submitted for registration under the Land Titles Act and a reference plan submitted for deposit under that Act, but does not include,

. . . . .

(2) Clause (a) of the definition of “document” in section 1 of the Regulation is amended by striking out “a plan” at the beginning and substituting “any other plan”.

(3) Section 1 of the Regulation is amended by adding the following definition:

“examiner of surveys” means the examiner of surveys appointed under subsection 14 (1) of the Land Titles Act. (“inspecteur des arpentages”)

2. Section 3 of the Regulation is amended by striking out “section 25 of the Act and”.

3. The Regulation is amended by adding the following sections:

28.1 In addition to the matters set out in sections 4 and 8, an application to deposit a reference plan that is submitted in an electronic format shall contain,

(a) the plan;

(b) a statement that the plan is required to be deposited under the Land Titles Act on the identified properties;

(c) a statement by an Ontario land surveyor certifying,

(i) that the plan is correct and in accordance with the applicable Acts and regulations,

(ii) the date of completion of the plan,

(iii) that the structures shown on the plan are in existence, if applicable,

(iv) that the dimensions shown on the plan have been verified by actual measurements, if applicable,

(v) in the case of a compiled or partially compiled plan, that it is an accurate compilation based on specified data, and

(vi) in the case of a plan that was approved by the examiner of surveys, the provision of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act under which it was approved; and

(d) the approval number of the plan, if any.

28.2 In addition to the matters set out in sections 4 and 8, if an application to register a plan of subdivision is submitted for electronic registration, it shall contain,

(a) the plan;

(b) a statement by the applicant,

(i) that the lots, blocks and streets, as the case may be, have been laid out in accordance with the applicant’s instructions,

(ii) that the streets, street widenings and lanes, as the case may be, are dedicated as public highways and to whom they are dedicated,

(iii) setting out the total number of lots and blocks, as applicable, and

(iv) setting out the total number of new lots and blocks;

(c) a statement by an Ontario land surveyor certifying,

(i) that the plan is correct and in accordance with the applicable Acts and regulations,

(ii) the date of completion of the plan,

(iii) that the structures shown on the plan are in existence, if applicable,

(iv) that the dimensions shown on the plan have been verified by actual measurements, if applicable, and

(v) in the case of a plan that was approved by the examiner of surveys, the provision of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act under which it was approved;

(d) the approval number of the plan, if any; and

(e) the approval under the Planning Act.

4. Section 29 of the Regulation is amended by adding “or subsection 82 (3)” after “clause 25 (1) (a)” in the portion before clause (a).

5. Subsection 40 (4) of the Regulation is revoked and the following substituted:

(4) A document prepared by a person on behalf of a party shall be deemed to have been made by the party.

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

40.1 (1) No person, other than an Ontario land surveyor, shall make the statements mentioned in clause 28.1 (c) or 28.2 (c).

(2) For the purposes of subsections 57 (1) and (12) of the Land Titles Act, a surveyor who makes a statement in a document mentioned in clause 28.2 (c) of this Regulation that is registered under the Land Titles Act shall be deemed not to be the person on whose application the registration was made.

Commencement

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

Made by:
Pris par :

Le directeur des droits immobiliers,

Jeffrey W. Lem

Director of Titles

Date made: March 5, 2018
Pris le : 5 mars 2018

 

 

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