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Registry Act

R.S.O. 1990, CHAPTER R.20

Consolidation Period:  From September 1, 2016 to the e-Laws currency date.

Last amendment:  2015, c. 28, Sched. 1; s. 156.

CONTENTS

1.

Definitions

2.

Minister responsible

PART I
ORGANIZATION AND ADMINISTRATION

3.

Application of Land Titles Act

3.

Application of Act

4.

Registry divisions

6.

Director of Land Registration

6.

Director of Titles

7.

Transfer of functions to Director of Titles

8.

Representatives of Director

9.

Land registrars

12.

Land registry offices

13.

Office hours

15.

Production of instruments and copies

15.

Production of documents

16.

Computer printout, etc., admissible in evidence

17.

Production of originals upon order of judge

17.

Production of originals upon order of judge

Records of Office

18.

By-law index and general register index

Records of Office

18.

Crown property

19.

Preservation of abstract books, etc.

19.

By-law index

19.1

General indexes

20.

Abstract index of lots

21.

Land under automated system

Instruments that may be Registered

22.

Instruments that may be registered

23.

Refusal to register or record in certain cases

23.

No registration or recording in certain cases

25.

Brief description and property identifier, etc.

26.

Easements, etc.

27.

Condominium easements

31.

Power to administer oaths

32.

Required statements

33.

Restrictions on affidavits

34.

Witnesses compellable to make affidavit

35.

Execution of instrument

37.

Execution by others

38.

Judgments and orders affecting land

39.

Registration of certified copies, powers of attorney, etc.

40.

Registration of deposits

40.

Registration of deposits

41.

Registration of notarial copies of instruments executed in Quebec

43.

Registrations in languages other than English

44.

Registration of instruments and documents in French language

Manner of Registering

45.

Registration of foreclosure orders, etc.

46.

Instrument executed by attorney

47.

Order dispensing with statement

48.

Requirements for grantees

49.

Registration numbers

50.

Manner of registration

50.

Manner of registration

51.

Crown grants

51.

Crown grants

52.

Orders in council

53.

Wills and other instruments involving estates

54.

Letters of administration

55.

Where registration of will, etc., required

56.

Discharge of mortgage

57.

Change of name of mortgagee

58.

Mortgage-of-a-mortgage, etc., not to be registered

59.

Discharge of mortgages held by amalgamated loan or trust corporations

60.

Registration of discharge when mortgage paid off by subsequent mortgagee

61.

Registration of discharge given by person other than the mortgagee

62.

Partial discharge of mortgage

63.

Effect of registration of discharge of mortgage

64.

Deeds to uses

65.

Discharge of mortgage seized under execution

66.

Discharge of instrument given in relation to purchase of goods

67.

Effect when discharge of certain other instruments registered for two years

68.

Registration of order

69.

Certified copies, notarial copies

Registration and its Effect

70.

Effect of unregistered instruments

71.

Actual notice

71.1

Certificate of title

72.

Equitable liens, and tacking

73.

Effect of subsequent registered conveyances on mortgage money paid subsequently

74.

Registration to be notice

75.

Instruments giving authority to sell land, limit on effect

76.

Corrections

76.

Corrections

77.

Deemed registration

77.

Deemed registration

Plans

78.

Registered plan of subdivision

79.

Examination of survey

80.

Where reference plan required

81.

Where land registrar may require reference plan

81.

Requirement for reference plan

82.

Plan index

82.

Plan index

83.

Land registrar’s compiled plan

84.

Abstract index to original lots

84.

Abstract index to original lots

85.

Registration of instrument referring to an unregistered plan

86.

When instruments not conforming to proper plan may be registered

87.

When registered plan not signed by an owner becomes binding

88.

Powers of judge to make order

89.

Correction of plan

90.

Unregistered plans of subdivision, etc.

91.

Municipal plans

93.

Condominium declaration and description

Fees of Land Registrars

94.

Fees in cases not provided for

95.

Disputes as to fees

96.

Record of fees, etc.

96.

Record of fees, etc.

Director and Director of Titles

97.

Duties of Director

Director

97.

Duties of Director

97.1

Duties of Director of Titles

98.

Application of Public Inquiries Act, 2009

99.

Information from land registrars

100.

Orders of Director of Titles

Penalty for Altering Books or Documents

101.

Offences

Powers of Minister

101.1

Minister’s orders

Regulations

102.

Regulations

102.1

Scope of regulations and orders

103.

Integration of land titles and registry records and procedures

PART II
DEPOSITS

105.

Definition

106.

Deposit of document

107.

Requisition on deposit

108.

Record of deposit

109.

Application of other provisions

110.

Deposit relieves from liability

PART III
INVESTIGATION OF TITLES

111.

Definitions and interpretation

112.

Title search period

113.

Expiry of claims

114.

Public utility easements

115.

Conflict

PART IV
COMPENSATION

116.

Entitlement to compensation

116.1

Certificates of title

116.2

Errors in certificates of title

117.

Interests of innocent persons

118.

Protection from personal liability

 

Definitions

1. In this Act,

“certificate of amalgamation of loan corporations” includes a certificate issued by the Superintendent of Deposit Institutions under section 24 of the Loan and Trust Corporations Act and of any document mentioned in such certificate and a certificate issued for the purpose of registration under any Act of the Legislature authorizing or ratifying an agreement for the purchase and sale of the assets, or for the amalgamation of loan corporations; (“certificat de fusion de sociétés de prêt”)

“certification area” means an area of land designated as such by regulation; (“zone de certification”)

“Director” means the Director of Land Registration appointed under section 6; (“directeur”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Director” is repealed and the following substituted:

“Director” means the Director of Titles appointed under subsection 9 (1) of the Land Titles Act; (“directeur”)

See: 2012, c. 8, Sched. 51, ss. 1 (1), 55 (1).

“Director of Titles” means the Director of Titles appointed under section 9 of the Land Titles Act; (“directeur des droits immobiliers”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Director of Titles” is repealed.  See: 2012, c. 8, Sched. 51, ss. 1 (2), 55 (1).

“examiner of surveys” means the examiner of surveys appointed under section 14 of the Land Titles Act; (“inspecteur des arpentages”)

“facsimile” means an accurate reproduction of a book, instrument, document or record and includes a print from microfilm and a printed copy generated by or produced from a computer record; (“fac-similé”)

“instrument” includes every instrument whereby title to land in Ontario may be transferred, disposed of, charged, encumbered or affected in any other way, and, without limiting the generality of the foregoing, includes any instrument mentioned in subsection 18 (6) and a Crown grant of Canada and of Ontario, a deed, conveyance, mortgage, assignment of mortgage, certificate of discharge of mortgage, assurance, lease, release, discharge, agreement for the sale or purchase of land, caution under the Estates Administration Act or renewal or withdrawal thereof, municipal by-law, certificate of proceedings in any court, judgment or order of foreclosure and every other certificate of judgment or order of any court affecting any interest in or title to land, and a certificate of payment of taxes granted under the corporate seal of any municipality by the treasurer, a sheriff’s and treasurer’s deed of land sold by virtue of his or her office, a contract in writing, every order and proceeding in bankruptcy and insolvency, a plan of a survey or subdivision of land, and every notice, caution and other instrument registered in compliance with an Act of Canada or Ontario; (“acte”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “instrument” is amended by striking out “any instrument mentioned in subsection 18 (6)” and substituting “any instrument recorded pursuant to subsection 19.1 (2)”.  See: 2012, c. 8, Sched. 51, ss. 1 (3), 55 (1).

“land” means land, tenements, hereditaments and appurtenances and any estate or interest therein; (“bien-fonds”)

“land registrar” means a land registrar appointed under section 9; (“registrateur”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “land registrar” is repealed.  See: 2012, c. 8, Sched. 51, ss. 1 (4), 55 (1).

“letters probate” includes letters testamentary or a similar grant based on a will proven before a court having jurisdiction in probate matters outside Ontario; (“lettres d’homologation”)

“local description” means a description of land drawn in accordance with the regulations; (“description particulière”)

“Minister” means the Minister of Consumer and Business Services; (“ministre”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Minister” is repealed and the following substituted:

“Minister” means the Minister of Government Services or whatever other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

See: 2012, c. 8, Sched. 51, ss. 1 (5), 55 (1).

“notarial” includes prothonotarial; (“notarié”)

“photographic film” includes any photographic plate, microphotographic film or photocopy negative; (“pellicule photographique”)

“plan of subdivision” means a plan by which the owner of land divides the land into areas designated on the plan, but does not include a plan under the Cemeteries Act or the Expropriations Act or any predecessor of such Acts; (“plan de lotissement”)

“prescribed” means prescribed by this Act or the regulations; (“prescrit”)

“property” means land designated as a property under subsection 21 (2) or (4); (“unité foncière”)

“registered” means registered under this Act; (“enregistré”)

“regulations” means the regulations made under this Act; (“règlements”)

“surveyor” means a member of the Association of Ontario Land Surveyors who is authorized under the Surveyors Act to engage in the practice of cadastral surveying in Ontario; (“arpenteur-géomètre”)

“will” means a will as defined in the Succession Law Reform Act. (“testament”)  R.S.O. 1990, c. R.20, s. 1; 2001, c. 9, Sched. D, s. 13; 2009, c. 33, Sched. 22, s. 10.

Minister responsible

2. The Minister of Consumer and Business Services is responsible for the administration of this Act.  R.S.O. 1990, c. R.20, s. 2; 2001, c. 9, Sched. D, s. 13.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 is repealed.  See: 2012, c. 8, Sched. 51, ss. 2, 55 (1).

PART I
ORGANIZATION AND ADMINISTRATION

Application of Land Titles Act

3. Subject to the Land Titles Act, after a certificate of the first registration of the owner under that Act has been registered as specified by that Act, this Act ceases to apply to the land mentioned in the certificate.  R.S.O. 1990, c. R.20, s. 3; 1998, c. 18, Sched. E, s. 207.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 3 is repealed and the following substituted:

Application of Act

3. (1) Except as prescribed, if land is within an area to which the Land Titles Act applies, no instrument shall be registered under this Act.  2012, c. 8, Sched. 51, s. 3.

Same, transfer to the Land Titles Act

(2) Subject to the Land Titles Act, after the registration of land under that Act, this Act ceases to apply to the land except to the extent specified on the parcel register for the land under that Act.  2012, c. 8, Sched. 51, s. 3.

Regulations

(3) The Minister may make regulations,

(a) designating instruments to which subsection (1) does not apply, limiting the designation to a specific time period or specifying that the designation expires on a specific date;

(b) authorizing the Director to exempt any instrument from the application of subsection (1) if, in the opinion of the Director, it would be unreasonable not to permit the registration of an instrument in the circumstances.  2012, c. 8, Sched. 51, s. 3.

See: 2012, c. 8, Sched. 51, ss. 3, 55 (1).

Registry divisions

4. (1) Subject to the provisions of this Act and except where otherwise expressly provided in any general or special Act or Order in Council, the registry divisions as they existed on the 14th day of April, 1925, are the registry divisions of the Province of Ontario for the purposes of this Act and no alteration in the boundaries of any riding, electoral district or municipality alters or affects the boundaries of any registry division.  R.S.O. 1990, c. R.20, s. 4 (1).

Changes in registry divisions

(2) The Minister may, by regulation, make any change in the boundaries of the registry divisions. 2012, c. 8, Sched. 51, s. 4.

5. Repealed: 2012, c. 8, Sched. 51, s. 5.

Director of Land Registration

6. (1) The Deputy Minister may appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 to be the Director of Land Registration.  R.S.O. 1990, c. R.20, s. 6 (1); 1998, c. 18, Sched. E, s. 210 (1); 2006, c. 35, Sched. C, s. 115 (1).

Duties

(2) The Director has general supervision and control over land registry offices and the system for registration therein.  R.S.O. 1990, c. R.20, s. 6 (2); 1998, c. 18, Sched. E, s. 210 (2).

Powers of land registrars

(3) The Director or a representative of the Director may exercise any power or perform any duty of a land registrar under this or any other Act if of the opinion, having regard to the circumstances, that such action is necessary or appropriate.  1998, c. 18, Sched. E, s. 210 (3).

(4) Repealed:  1998, c. 18, Sched. E, s. 210 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 is repealed and the following substituted:

Director of Titles

6. (1) The Director has general supervision and control over the registry system.  2012, c. 8, Sched. 51, s. 6.

Representative

(2) The Director may appoint any person as his or her representative and may delegate in writing any or all of the Director’s  powers and duties under this or any other Act to a representative, subject to the restrictions set out in the delegation.  2012, c. 8, Sched. 51, s. 6.

Transition

(3) A reference to the Director of Land Registration or to a land registrar in any Act or regulation shall be deemed to be a reference to the Director.  2012, c. 8, Sched. 51, s. 6.

See: 2012, c. 8, Sched. 51, ss. 6, 55 (1).

Transfer of functions to Director of Titles

7. (1) The Minister may make regulations transferring any function of the Director of Land Registration under any Act to the Director of Titles.  R.S.O. 1990, c. R.20, s. 7 (1).

Where transfer not exclusive

(2) A transfer of a function in a regulation made under subsection (1) may, where it expressly so states, retain to the Director of Land Registration concurrent authority to perform the function transferred.  R.S.O. 1990, c. R.20, s. 7 (2).

Statutory references

(3) A regulation made under subsection (1) shall identify each function to be transferred by citing the relevant statutory provision.  R.S.O. 1990, c. R.20, s. 7 (3).

Deemed amendments

(4) Where a function has been transferred, the statutory provision cited and the related provisions of any regulation shall thereafter be read and construed as though “Director of Titles” had been substituted for “Director of Land Registration”.  R.S.O. 1990, c. R.20, s. 7 (4).

Idem

(5) Where a function has been transferred and subsection (2) applies, the statutory provision cited and the related provisions of any regulation shall thereafter be read and construed as though “Director of Land Registration or Director of Titles” had been substituted for “Director of Land Registration”.  R.S.O. 1990, c. R.20, s. 7 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 is repealed.  See: 2012, c. 8, Sched. 51, ss. 6, 55 (1).

Representatives of Director

8. The Director may appoint as his or her representatives one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the Director may delegate to a representative such powers and duties under this or any other Act as the Director may specify.  2006, c. 35, Sched. C, s. 115 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is repealed.  See: 2012, c. 8, Sched. 51, ss. 6, 55 (1).

Land registrars

9. (1) Subject to subsection (2), the Director may appoint public servants employed under Part III of the Public Service of Ontario Act, 2006 as land registrars.  1998, c. 18, Sched. E, s. 211; 2006, c. 35, Sched. C, s. 115 (3).

Number

(2) The Director shall appoint a land registrar for every registry division and every land titles division.  1998, c. 18, Sched. E, s. 211.

Form of appointment

(3) Every appointment mentioned in subsection (2) shall be for a specific division or divisions.  1998, c. 18, Sched. E, s. 211.

Representatives

(4) A land registrar for a registry division may appoint as his or her representatives one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the land registrar may delegate to a representative such powers and duties under this Act as the registrar may specify.  2006, c. 35, Sched. C, s. 115 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 is repealed.  See: 2012, c. 8, Sched. 51, ss. 6, 55 (1).

10. Repealed:  1998, c. 18, Sched. E, s. 211.

11. Repealed:  1998, c. 18, Sched. E, s. 211.

Land registry offices

12. (1) Every registry office, including every combined registry and land titles office, shall be known as a land registry office.  R.S.O. 1990, c. R.20, s. 12 (1).

Registry system

(2) The system of registration under this Act shall be known as the registry system.  R.S.O. 1990, c. R.20, s. 12 (2).

Office hours

13. (1) Every land registry office shall be kept open, for the hours that the Director by order specifies, on every day except,

(a) Saturday;

(b) Sunday;

(c) a day that is determined by directive of the Management Board of Cabinet under subsection 33 (4) of the Public Service of Ontario Act, 2006 to be a holiday; and

(d) a day that the Director by order specifies.  1998, c. 18, Sched. E, s. 212; 2006, c. 35, Sched. C, s. 115 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Time for registration of instruments

(1) The Director may by order specify the days and hours during which instruments may be received for registration; no instruments may be received for registration outside those days and hours except if,

(a) the Director by order specifies that instruments may be received for registration outside those days and hours; and

(b) the registrations are made in accordance with the conditions, if any, set out in the Director’s order mentioned in clause (a).  2012, c. 8, Sched. 51, s. 7 (1).

See: 2012, c. 8, Sched. 51, ss. 7 (1), 55 (1).

Extension of time

(2) For the purposes of subsection 89 (2) of the Legislation Act, 2006, a day described in clause (1) (a), (b), (c) or (d) is a day when the land registry office is not open during its regular hours of business.  2006, c. 21, Sched. F, s. 130.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed.  See: 2012, c. 8, Sched. 51, ss. 7 (1), 55 (1).

Registration of instruments

(3) The Director may by order specify the hours during which instruments may be received for registration; no instruments may be received for registration outside those hours except if,

(a) the Director by order specifies that instruments may be received for registration outside those hours; and

(b) the registrations are made in accordance with the conditions, if any, set out in the Director’s order mentioned in clause (a).  1998, c. 18, Sched. E, s. 212.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed.  See: 2012, c. 8, Sched. 51, ss. 7 (1), 55 (1).

Different hours

(4) The hours that the Director specifies under subsection (3) for receiving instruments for registration may be different from the hours that the Director specifies under subsection (1) for the opening of a land registry office.  1998, c. 18, Sched. E, s. 212.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed.  See: 2012, c. 8, Sched. 51, ss. 7 (1), 55 (1).

Services when no registrations

(5) The Director may by order specify the services to be provided at land registry offices before or after the hours within which instruments are received for registration.  1998, c. 18, Sched. E, s. 212.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed.  See: 2012, c. 8, Sched. 51, ss. 7 (1), 55 (1).

Scope of orders

(6) An order that the Director makes under this section may be limited to one or more land registry offices for one or more registry divisions.  1998, c. 18, Sched. E, s. 212.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by striking out “for one or more registry divisions” at the end.  See: 2012, c. 8, Sched. 51, ss. 7 (2), 55 (1).

Not regulations

(7) An order that the Director makes under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 18, Sched. E, s. 212; 2006, c. 21, Sched. F, s. 136 (1).

14. Repealed:  1998, c. 18, Sched. E, s. 213.

Production of instruments and copies

15. (1) Repealed:  1998, c. 18, Sched. E, s. 214 (1).

(2) Repealed:  1998, c. 18, Sched. E, s. 214 (1).

(3) Repealed:  1998, c. 18, Sched. E, s. 214 (1).

Production of instruments and copies

(4) Upon receiving the required fee, if any, the land registrar shall, in the required manner,

(a) produce for inspection during office hours,

(i) any instrument or document relating to the land that is registered or deposited in the office, or a facsimile of the instrument or document, or

(ii) any book or public record of the office relating to the land, or a facsimile of the book or public record;

(b) supply a copy of the whole or a part of,

(i) any instrument or document relating to the land that is registered or deposited in the office, or a facsimile of the instrument or document, or

(ii) any book or public record of the office relating to the land, or a facsimile of the book or public record; and

(c) certify any copy supplied under clause (b).  R.S.O. 1990, c. R.20, s. 15 (4); 1994, c. 27, s. 99 (1); 1998, c. 18, Sched. E, s. 214 (2, 3); 1999, c. 12, Sched. F, s. 34.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 15 is repealed and the following substituted:

Production of documents

15. (1) Instruments, documents, books, records or a facsimile of them shall be produced for inspection and copying, and certified copies of them shall be provided upon payment of the required fee and in the manner specified by the Director.  2012, c. 8, Sched. 51, s. 8.

Hours and days

(2) The Director may specify minimum hours and days for the purposes of subsection (1).  2012, c. 8, Sched. 51, s. 8.

See: 2012, c. 8, Sched. 51, ss. 8, 55 (1).

Computer printout, etc., admissible in evidence

16. (1) Where a registered instrument, a document deposited under Part II or a written record of a land registry office is recorded electronically or on a magnetic medium, any writing that,

(a) represents the instrument, document or record;

(b) is generated by or produced from the electronic record or magnetic medium; and

(c) is in a readily understandable form,

is admissible in evidence to the same extent as the original instrument, document or record.  R.S.O. 1990, c. R.20, s. 16 (1).

Idem

(2) Where a record of a land registry office is recorded electronically or on a magnetic medium and there is no original written record that corresponds to the record, any writing that,

(a) represents the record;

(b) is generated by or produced from the electronic record or magnetic medium; and

(c) is in a readily understandable form,

is admissible in evidence to the same extent as the record would be if it were an original written record.  R.S.O. 1990, c. R.20, s. 16 (2).

Production of originals upon order of judge

17. (1) Repealed:  1998, c. 18, Sched. E, s. 215 (1).

(2) Repealed:  1998, c. 18, Sched. E, s. 215 (1).

Production of originals upon order of judge

(3) A judge of a court in Ontario may, for the purposes of a hearing, order a land registrar to produce any instrument or document in his or her custody where, in the opinion of the judge, a certified copy thereof is not sufficient.  R.S.O. 1990, c. R.20, s. 17 (3).

Delivery

(4) Upon receipt of an order under subsection (3) and the required fee for a certified copy of the instrument or document required by the order to be produced, the land registrar shall prepare a certified copy of the instrument or document and deliver the original instrument or document to the person named in the order.  R.S.O. 1990, c. R.20, s. 17 (4); 1998, c. 18, Sched. E, s. 215 (2).

Substituting a copy

(5) The land registrar shall attach the order to the certified copy and shall file the copy in his or her office in place of the original instrument or document until the original has been returned.  R.S.O. 1990, c. R.20, s. 17 (5).

Return of documents to land registrar

(6) Despite subsection 54 (2) of the Evidence Act, an instrument or document produced by a land registrar under this section shall be returned to the custody of the land registrar after the final disposition of the cause or action to which it pertains.  R.S.O. 1990, c. R.20, s. 17 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 17 is repealed and the following substituted:

Production of originals upon order of judge

17. (1) A judge of a court in Ontario may, for the purposes of a hearing, order the Director to produce any instrument or document in the custody of the registry system to a person named in the order if, in the opinion of the judge, a certified copy of the instrument or document, as the case may be, is not sufficient.  2012, c. 8, Sched. 51, s. 9.

Delivery

(2) Upon receipt of an order mentioned in subsection (1) and the required fee for a certified copy of the instrument or document that the order requires to be produced, a certified copy of the instrument or document shall be prepared and the original of the instrument or document shall be delivered to the person named in the order.  2012, c. 8, Sched. 51, s. 9.

Filing the certified copy

(3) The order shall be attached to the certified copy and filed in place of the original instrument or document until the original has been returned.  2012, c. 8, Sched. 51, s. 9.

Return of original

(4) Despite subsection 54 (2) of the Evidence Act, an instrument or document produced under this section shall be returned to the Director after the final disposition of the cause or action to which it pertains.  2012, c. 8, Sched. 51, s. 9.

See: 2012, c. 8, Sched. 51, ss. 9, 55 (1).

Records of Office

By-law index and general register index

18. (1) The land registrar shall keep a by-law index in which he or she shall enter the registration number of every by-law registered after the 1st day of January, 1963, the number of the by-law, the name of the municipality and the title of the by-law.  R.S.O. 1990, c. R.20, s. 18 (1).

By-law to contain description of land

(2) No by-law that directly affects the title to land shall be registered unless it contains a local description of the land affected.  R.S.O. 1990, c. R.20, s. 18 (2).

Authentication of by-laws

(3) A by-law of a municipality may be registered by the production of a duplicate original or a copy of the by-law certified by the clerk of the municipality under its seal.  R.S.O. 1990, c. R.20, s. 18 (3).

Order of O.M.B., etc.

(4) An order of the Ontario Municipal Board or other instrument registered under section 68 shall be recorded in the by-law index.  R.S.O. 1990, c. R.20, s. 18 (4).

No entry of by-law, etc., in general register

(5) No entry in respect of an order of the Ontario Municipal Board or other instrument registered under section 68 or of a by-law shall be made in the general register index.  R.S.O. 1990, c. R.20, s. 18 (5).

General registrations

(6) The following instruments when received for registration shall be registered as general registrations and, except as otherwise provided in this Act, shall not be recorded in the abstract index:

1. Wills or notarial copies of them.

2. Letters probate or notarial copies of them.

3. Letters of administration or notarial copies of them.

4. General appointments of new trustees or notarial copies of those appointments.

5. Certificates or certified or notarial copies of judgments or of court orders appointing or removing executors, administrators, guardians or trustees.

6. Certificates or certified or notarial copies of orders made under the Substitute Decisions Act, 1992 or the Mental Health Act.

7. Certificates, certified or notarial copies of orders of change of name by an Ontario court and certificates of change of name issued by the Registrar General.

8. Powers of attorney or revocations of them, or notarial copies of powers of attorney or those revocations.

9. Orders in council of Canada or Ontario, or certified copies thereof, not containing local descriptions.

10. Notarial copies of,

i. letters patent or certificates of incorporation,

ii. supplementary letters patent or certificates, or

iii. certificates of continuance.

11. Notarial copies of letters patent or certificates changing names of corporations or amalgamating corporations.

12. Notarial copies of certificates of amalgamation of loan or trust corporations.

13. Notarial copies of extra-provincial licences under the Extra-Provincial Corporations Act.

14. General bars of dower.

15. Notarial copies of licences in mortmain.

16. Certificates of appointment of estate trustees or notarial copies of those certificates.

17. Certificates of appointment of statutory guardians under the Substitute Decisions Act, 1992 or notarial copies of those certificates.

17.1 General conveyances and transfers of assets of a corporation to another corporation.

18. Instruments of a class prescribed by the Minister.  R.S.O. 1990, c. R.20, s. 18 (6); 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 216 (1, 2); 1999, c. 12, Sched. F, s. 35; 2000, c. 26, Sched. B, s. 17 (1); 2009, c. 33, Sched. 2, s. 64 (1).

Idem

(7) Where, under subsection (6), a notarial copy of an instrument is specified, there may be registered, in lieu of such notarial copy, a copy of the instrument certified by the proper officer of the government of Canada or Ontario.  R.S.O. 1990, c. R.20, s. 18 (7).

General Register Index

(8) Every land registrar shall keep an alphabetical index in the required form of all general registrations, to be known in English as the “General Register Index” and in French as “répertoire général d’enregistrement”.  R.S.O. 1990, c. R.20, s. 18 (8); 1998, c. 18, Sched. E, s. 216 (3).

Separate index

(9) The Director may, by written direction, require a land registrar to prepare and maintain a separate alphabetical index for any class of general registrations.  R.S.O. 1990, c. R.20, s. 18 (9).

Books, etc., Crown property

(10) All books, indexes, photographic film reproductions and other records used and kept in and for the purposes of a land registry office are the property of the Crown.  R.S.O. 1990, c. R.20, s. 18 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 18 is repealed and the following substituted:

Records of Office

Crown property

18. (1) All books, indexes, plans, photographic film reproductions and other records created, used or maintained for the purposes of the registry system are the property of the Crown, shall be kept in good repair and shall be copied, reproduced, stored, replaced, repaired or otherwise preserved in the manner that the Director requires.  2012, c. 8, Sched. 51, s. 9.

Certified copy

(2) The Director shall certify the correctness of any book that is copied or reproduced under subsection (1) and the certificate is, to the extent specified in it, proof, in the absence of evidence to the contrary, that the copy is a true copy of the original book and the certified copy shall be accepted and received as the original.  2012, c. 8, Sched. 51, s. 9.

Same

(3) Despite subsection (2), the original book or a facsimile of it shall be carefully preserved and produced upon demand.  2012, c. 8, Sched. 51, s. 9.

Certified copy of plan

(4) If a plan is copied under subsection (1) and the copy is certified by the examiner of surveys as a true copy of the plan or a part of it, the certified copy has all the force and effect of the plan or of that part of the plan of which it is a copy.  2012, c. 8, Sched. 51, s. 9.

See: 2012, c. 8, Sched. 51, ss. 9, 55 (1).

Preservation of abstract books, etc.

19. (1) It is the duty of every land registrar to preserve the abstract index books and other records of his or her office in good repair.  R.S.O. 1990, c. R.20, s. 19 (1).

Copying and repair of books, etc.

(2) A land registrar may, when he or she considers it necessary, and shall, when so directed by the Director, cause,

(a) any book that is becoming obliterated or unfit for further use to be copied or reproduced and, where portions of the entries in the book are missing, obliterated or cannot be deciphered, the missing details to be obtained, so far as possible, by examination of the instruments relating thereto and incorporated in the copy;

(b) plans and maps to be copied, repaired, restored, mounted, bound or otherwise preserved; and

(c) any book to be repaired,

in a manner approved by the Director.  R.S.O. 1990, c. R.20, s. 19 (2).

Copy to be certified

(3) Where a book is copied or reproduced under clause (2) (a), the land registrar shall certify the correctness of the copy.  R.S.O. 1990, c. R.20, s. 19 (3).

Effect of certificate

(4) The certificate of a land registrar under subsection (3) is, to the extent specified in the certificate, proof, in the absence of evidence to the contrary, that the copy is a true copy of the original book, and such certified copy shall be accepted and received as the original, but the land registrar shall nevertheless carefully preserve the original book or a facsimile thereof and produce it upon demand.  R.S.O. 1990, c. R.20, s. 19 (4).

Director may order duplicate or new abstract indexes

(5) The Director may order as many counterparts or copies of any abstract index book to be made as he or she considers necessary for the public convenience, and may order new abstract indexes to be made when the indexes in use have become complicated or otherwise inconvenient.  R.S.O. 1990, c. R.20, s. 19 (5).

Instruments to be included in copy of abstract index

(6) Where an abstract index is copied, every instrument, except an instrument to which subsection 67 (1), 56 (10) or 56 (11) applies, shall be copied, and the land registrar shall carefully preserve the original abstract index or a facsimile thereof and produce it upon demand.  R.S.O. 1990, c. R.20, s. 19 (6).

Effect of certified copy of plan

(7) Where a plan is copied under subsection (2), and the copy is certified by the examiner of surveys as a true copy of the plan, or a part thereof, as the case may be, the copy so made and certified has all the force and effect of the plan or of that part of the plan of which it is a copy.  R.S.O. 1990, c. R.20, s. 19 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 19 is repealed and the following substituted:

By-law index

19. (1) A by-law index shall be kept and the instruments that the Director specifies shall be recorded in it.  2012, c. 8, Sched. 51, s. 9.

Registration of by-laws

(2) By-laws shall be registered in the manner specified by the Director.  2012, c. 8, Sched. 51, s. 9.

General indexes

19.1 (1) The following alphabetical indexes shall be kept in the form specified by the Director for general registrations:

1. An index to be known in English as the General Register Index and in French as the répertoire général d’enregistrement.

2. The other alphabetical indexes that the Director specifies.  2012, c. 8, Sched. 51, s. 9.

General registrations

(2) The instruments that the Director specifies shall be recorded in the general indexes.  2012, c. 8, Sched. 51, s. 9.

See: 2012, c. 8, Sched. 51, ss. 9, 55 (1).

Abstract index of lots

20. (1) The land registrar, in a book in the required form, called the “Abstract Index” in English and the “répertoire par lot” in French, shall enter under a separate and distinct head each separate lot or part of a lot of land as originally patented by the Crown, or that appears on any registered plan of subdivision, judge’s plan or municipal plan under section 91.  R.S.O. 1990, c. R.20, s. 20 (1); 1998, c. 18, Sched. E, s. 217 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Abstract index

(1) An abstract index, to be known as the abstract index in English and the répertoire par lot in French, shall be kept and the entries that the Director specifies shall be made in it.  2012, c. 8, Sched. 51, s. 10 (1).

See: 2012, c. 8, Sched. 51, ss. 10 (1), 55 (1).

Entries

(2) Subject to subsection (3), the land registrar shall enter every instrument that mentions such parcel or lot of land in the abstract index in the required manner under the proper heading of each separate parcel or lot of land.  R.S.O. 1990, c. R.20, s. 20 (2); 1998, c. 18, Sched. E, s. 217 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed.  See: 2012, c. 8, Sched. 51, ss. 10 (1), 55 (1).

Regulations

(3) The Minister may make regulations designating instruments to which subsection (2) does not apply and governing the manner of making entries in the abstract index.  R.S.O. 1990, c. R.20, s. 20 (3); 1998, c. 18, Sched. E, s. 217 (3).

Note:  The Lieutenant Governor in Council may by regulation revoke regulations made under subsection (3), as that subsection read immediately before December 18, 1998, if the Minister makes a regulation under subsection (3), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 217 (3), that is inconsistent with those regulations.  See:  1998 , c. 18, Sched. E, s. 217 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted:

Regulations

(3) The Minister may make regulations governing the manner of making entries in the abstract index.  2012, c. 8, Sched. 51, s. 10 (2).

See: 2012, c. 8, Sched. 51, ss. 10 (2), 55 (1).

Exception

(4) Subsections (1), (2) and (3) do not apply to land in the parts of Ontario designated under Part II of the Land Registration Reform Act.  R.S.O. 1990, c. R.20, s. 20 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by striking out “(2)”.  See: 2012, c. 8, Sched. 51, ss. 10 (3), 55 (1).

Land under automated system

21. (1) This section applies only to land in the parts of Ontario designated under Part II of the Land Registration Reform Act.  R.S.O. 1990, c. R.20, s. 21 (1).

Properties and property identifiers

(2) The Director of Titles shall, in the required manner, divide into blocks and properties any land that is designated under Part II of the Land Registration Reform Act and assign property identifiers to those properties.  R.S.O. 1990, c. R.20, s. 21 (2); 1998, c. 18, Sched. E, s. 218 (1); 2000, c. 26, Sched. B, s. 17 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 11 (1), 55 (1).

Property maps

(3) The Director of Titles shall, in the required manner, prepare property maps showing all properties and prepare the other required maps.  1998, c. 18, Sched. E, s. 218 (2); 2000, c. 26, Sched. B, s. 17 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 11 (1), 55 (1).

Idem

(4) The land registrar shall maintain property maps in the required manner and shall assign property identifiers to properties when and in the manner specified by the Director of Titles.  R.S.O. 1990, c. R.20, s. 21 (4); 1998, c. 18, Sched. E, s. 218 (3); 2000, c. 26, Sched. B, s. 17 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed.  See: 2012, c. 8, Sched. 51, ss. 11 (2), 55 (1).

Abstract index

(5) The land registrar shall, in the required manner, create and maintain an index in automated form known as the abstract index and enter every instrument that affects a property in the abstract index under the property identifier assigned to that property.  R.S.O. 1990, c. R.20, s. 21 (5); 1998, c. 18, Sched. E, s. 218 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed and the following substituted:

Abstract index

(5) An index in automated form known as the abstract index shall be created and maintained and every instrument that affects a property in the abstract index under the property identifier assigned to that property shall be entered in the manner required by the Director.  2012, c. 8, Sched. 51, s. 11 (3).

See: 2012, c. 8, Sched. 51, ss. 11 (3), 55 (1).

Other indexes and records

(6) The land registrar shall, in the required manner, maintain the other required indexes and records.  1998, c. 18, Sched. E, s. 218 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed and the following substituted:

Other indexes and records

(6) All other indexes and records that the Director specifies shall be kept.  2012, c. 8, Sched. 51, s. 11 (3).

See: 2012, c. 8, Sched. 51, ss. 11 (3), 55 (1).

Entry of earlier instruments

(7) The Director of Titles may direct the land registrar to enter, in the required manner, all instruments that were registered before the day this section comes into force, and that belong to a category or were registered during a period specified by the Director of Titles, in the abstract index under the property identifiers for the properties affected by the instruments.  R.S.O. 1990, c. R.20, s. 21 (7); 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 218 (6); 2000, c. 26, Sched. B, s. 17 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed and the following substituted:

Entry of earlier instruments

(7) The Director may require that all instruments that were registered before the day this section comes into force and that belong to a category or were registered during a period specified by the Director, be entered in the abstract index under the property identifiers for the properties affected by the instruments.  2012, c. 8, Sched. 51, s. 11 (3).

See: 2012, c. 8, Sched. 51, ss. 11 (3), 55 (1).

Instruments that may be Registered

Instruments that may be registered

22. (1) Except as otherwise provided in and subject to,

(a) this Act and the regulations; and

(b) Part I of the Land Registration Reform Act and the regulations made under it,

any instrument within the meaning of section 1 and any other instrument specifically permitted to be registered under Part I of this Act may be registered.  R.S.O. 1990, c. R.20, s. 22 (1); 1998, c. 18, Sched. E, s. 219 (1).

Delivery of instruments

(2) Unless otherwise provided in this Act, any instrument that may be registered shall be registered upon and by delivery to the Director of the instrument or of an executed duplicate or other original part of the instrument with all necessary affidavits. 2012, c. 8, Sched. 51, s. 12.

Same

(2.1) In subsection (2),

“delivery” includes delivery by direct electronic transmission.  1994, c. 27, s. 99 (3).

Unpatented Crown lands

(3) Subject to subsection (4), the registration of an instrument purporting to affect unpatented Crown land or land that has the status of unpatented Crown land has no effect under this Act.  R.S.O. 1990, c. R.20, s. 22 (3).

Exceptions

(4) Subsection (3) does not apply,

(a) to a mortgage or other encumbrance made by the original nominee of the Crown or by a person through whom a person obtaining a grant of land from the Crown derived title, or to a lien affecting the land;

(b) to a plan of Crown land made under the Public Transportation and Highway Improvement Act, the Public Lands Act or any other Act of Ontario;

(c) to a lease of Crown land or of an interest therein or of any interest of the Crown in land under the Mining Act or the Public Lands Act;

(d) in the case of an instrument purporting to affect land, which when the instrument was registered was unpatented Crown land, if,

(i) a patent of the land is subsequently registered, or

(ii) a notice, which was issued by any competent governmental authority, in existence before or after the creation of the Province of Ontario, and which stated that the land was patented, is recorded in the land registry office;

(e) to an instrument affecting land that was unpatented Crown land at the time of registration of the instrument, where the instrument,

(i) was registered in compliance with an Act of Ontario, or

(ii) was registered as contemplated by an Act of Ontario and the instrument was either executed or approved on behalf of the Crown by a minister or other person authorized by law so to do; or

(f) to a licence of occupation for the purpose of a pipe line as defined in the Ontario Energy Board Act, if the licence is accompanied by a statement of the licensee or his or her solicitor or, where the licensee is a corporation, an officer of or solicitor for the corporation stating that the land affected by the licence is to be used for that purpose, or to any instrument affecting a registered licence of occupation.  R.S.O. 1990, c. R.20, s. 22 (4); 1998, c. 18, Sched. E, s. 219 (2).

Water lots, etc.

(5) An instrument purporting to affect land covered by water shall not be registered unless the registry division in which the land is situate can be readily ascertained from the instrument.  R.S.O. 1990, c. R.20, s. 22 (5).

Notice of unregistered interest

(6) An instrument that refers to an unregistered instrument or to an interest or claim dependent upon or arising out of an unregistered instrument shall not be registered under this Act.  R.S.O. 1990, c. R.20, s. 22 (6).

Leases

(7) Despite subsections (2) and (6), a notice of,

(a) a lease;

(a.1) an amendment of a lease;

(b) a sublease;

(c) an assignment of a lease;

(d) a mortgage of a lease;

(e) an assignment of the lessor’s interest in a lease;

(f) a determination or surrender of a lease;

(g) an agreement to lease; or

(h) an option to lease,

may be registered if it complies with the regulations.  R.S.O. 1990, c. R.20, s. 22 (7); 1998, c. 18, Sched. E, s. 219 (3).

Agreements and options

(8) Despite subsections (2) and (6), a notice of,

(a) an agreement of purchase and sale of land or an assignment thereof; or

(b) an option for the purchase of land or an assignment thereof,

may be registered if it complies with the regulations.  R.S.O. 1990, c. R.20, s. 22 (8).

Expiry

(9) Subject to subsection (10), the registration of a notice under subsection (8) expires one year after the date of its registration.  R.S.O. 1990, c. R.20, s. 22 (9).

Renewal

(10) The period of registration of a notice under subsection (8) may be extended from time to time by registering a renewal notice in the prescribed form and, unless the period is further extended, the registration of the renewal notice expires one year after the date of its registration.  R.S.O. 1990, c. R.20, s. 22 (10).

Statement of good faith

(11) A notice registered under subsection (8) or (10) shall be accompanied by a statement of good faith in the prescribed form.  1998, c. 18, Sched. E, s. 219 (4).

Refusal to register or record in certain cases

23. The land registrar may,

(a) refuse to accept for registration an instrument,

(i) that is wholly or partly illegible or unsuitable for microfilming, or

(ii) that contains or has attached to it material that does not, in the land registrar’s opinion, affect or relate to an interest in land; and

(b) refrain from recording a part of a registered instrument if the part does not, in the land registrar’s opinion, affect or relate to an interest in land.  R.S.O. 1990, c. R.20, s. 23; 1998, c. 18, Sched. E, s. 220.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 23 is repealed and the following substituted:

No registration or recording in certain cases

23. (1) An instrument may be refused for registration if,

(a) it is wholly or partly illegible or unsuitable for recording in an electronic format; or

(b) in the opinion of the Director, it contains or has attached to it material that does not affect or relate to an interest in land.  2012, c. 8, Sched. 51, s. 13.

Same, part of an instrument

(2) A part of a registered instrument may be refused for registration if the part does not, in the opinion of the Director, affect or relate to an interest in land.  2012, c. 8, Sched. 51, s. 13.

See: 2012, c. 8, Sched. 51, ss. 13, 55 (1).

24. Repealed:  1998, c. 18, Sched. E, s. 221.

Brief description and property identifier, etc.

25. (1) Repealed:  1998, c. 18, Sched. E, s. 222 (1).

Brief description and property identifier, etc.

(2) An instrument shall not be registered unless it contains,

(a) a reference to the lot, part lot or other unit on the plan or concession it affects;

(b) a registrable description of the land it affects, unless a registrable description of the same land is already recorded in the abstract index; and

(c) the property identifier, if any, assigned under subsection 21 (2) or (4) to the property it affects.  R.S.O. 1990, c. R.20, s. 25 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is amended by striking out “subsection 21 (2) or (4)” and substituting “section 21”.  See: 2012, c. 8, Sched. 51, ss. 14 (1), 55 (1).

Exceptions

(3) Subsection (2) does not apply to an instrument that is,

(a) a plan;

(b) identified by the letters “G.R.” and to be registered under subsection 18 (6);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by striking out “18 (6)” and substituting “19.1 (2)”.  See: 2012, c. 8, Sched. 51, ss. 14 (2), 55 (1).

(c) a by-law that does not directly affect title to land;

(d) presented for registration together with a statement in the prescribed form made by a party to the instrument or by the party’s solicitor, attorney under a registered power of attorney or registered notarial copy of a power of attorney, or heirs, executors, administrators or estate trustees, or, where the party is a corporation, by an officer of the corporation, stating that the instrument affects land within the registry division, and containing the information required by subsection (2);

(e) a judgment or order of the court or of a judge, or a certificate or certified or notarial copy of such judgment or order, presented for registration together with a statement in the prescribed form, made by one of the parties to the action or by the party’s solicitor, stating that the instrument affects land within the registry division, and containing the information required by subsection (2); or

(f) one of a prescribed class of instruments.  R.S.O. 1990, c. R.20, s. 25 (3); 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 222 (2, 3).

Further recording

(4) A registered instrument may be recorded or further recorded in the abstract index upon the registration of a statement in the prescribed form made by any of the persons mentioned in clauses (3) (d) and (e).  R.S.O. 1990, c. R.20, s. 25 (4); 1998, c. 18, Sched. E, s. 222 (4).

Easements, etc.

26. (1) In this section,

“easement” means an easement, right-of-way, right or licence in the nature of an easement, profit à prendre or other incorporeal hereditament, but does not include such an easement arising by operation of law.  R.S.O. 1990, c. R.20, s. 26 (1).

Local description required

(2) Despite section 15 of the Conveyancing and Law of Property Act or any rule of law, an instrument purporting to convey an easement, made after the 1st day of January, 1967, does not, as against a purchaser in good faith who, for valuable consideration and without actual notice, purchases the servient tenement after the registration of the instrument, convey to the grantee any interest in the easement unless a local description of the affected part of the servient tenement is contained in the instrument by which the conveyance is made.  R.S.O. 1990, c. R.20, s. 26 (2).

Condominium easements

27. (1) Where the first registered description of an easement is that contained in a condominium declaration and description, and the easement is expressly intended,

(a) to be an easement through the common elements and to benefit other land owned by the declarant; or

(b) to be an easement through other land owned by the declarant and to benefit the condominium property,

the easement is created for all purposes to the same extent as if it had been created by a deed and the declarant had not been the same person as the owner of the other land.  R.S.O. 1990, c. R.20, s. 27 (1).

Easement to benefit condominium property

(2) Where, in a deed that is registered before the registration of a deed of any unit made by the declarant, an easement through land outside the condominium property is transferred by the declarant to the condominium corporation to be part of the common elements, the easement does not merge by operation of law.  R.S.O. 1990, c. R.20, s. 27 (2).

Easement affecting common elements

(3) Where, in a deed that is registered before the registration of a deed of any unit made by the declarant, the common elements are made subject to an easement expressly intended to benefit other land owned by the declarant, the easement is created for all purposes as if the declarant had not been the same person as the owner of the other land.  R.S.O. 1990, c. R.20, s. 27 (3).

Easement becomes part of common elements

(4) Where, in an instrument, an intention is expressed by a condominium corporation that an easement transferred to the corporation is to be part of the common elements, and any instrument to it required by the Condominium Act, 1998 or a predecessor of that Act has been registered, the easement, upon registration of the instrument in which the intention is expressed, becomes part of the common elements.  R.S.O. 1990, c. R.20, s. 27 (4); 2009, c. 33, Sched. 17, s. 12 (1).

Where Planning Act does not apply

(5) Section 50 of the Planning Act does not apply to an easement to which subsection (1) of this section applies, if the condominium description was approved or exempted under subsection 9 (3) of the Condominium Act, 1998 or a predecessor of that subsection.  R.S.O. 1990, c. R.20, s. 27 (5); 2009, c. 33, Sched. 17, s. 12 (2); 2015, c. 28, Sched. 1, s. 156.

Retroactive effect

(6) Except to the extent that rights governed by this section have been determined by a court, this section has retroactive application.  R.S.O. 1990, c. R.20, s. 27 (6).

Definitions

(7) In this section,

“common elements”, “declarant”, “declaration”, “description”, “property” and “unit” have the same meaning as in the Condominium Act, 1998. (“parties communes”, “déclarant”, “déclaration”, “description”, “propriété”, “partie privative”)  2009, c. 33, Sched. 17, s. 12 (3).

28. Repealed:  1998, c. 18, Sched. E, s. 223.

29. Repealed:  1998, c. 18, Sched. E, s. 223.

30. Repealed:  1998, c. 18, Sched. E, s. 223.

Power to administer oaths

31. (1) Every land registrar, by virtue of office, and every representative whom the land registrar specifies is a commissioner for taking affidavits for uses under this Act that relate to land in the registry division of the land registrar.  1998, c. 18, Sched. E, s. 224.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Administration of oaths

(1) The Director and any representative whom the Director specifies may administer an oath for any purpose of this Act.  2012, c. 8, Sched. 51, s. 15.

See: 2012, c. 8, Sched. 51, ss. 15, 55 (1).

Affidavits, etc., made outside Ontario

(2) An affidavit, affirmation or declaration that complies with section 44 or 45 of the Evidence Act is sufficiently sworn, affirmed or made for the purposes of this Act.  R.S.O. 1990, c. R.20, s. 31 (2).

Required statements

32. If this Act requires, as a condition for registration of an instrument, proof in the form of a statement, the form of the statement may be prescribed or may be approved by the Director of Titles if none is prescribed.  1998, c. 18, Sched. E, s. 225; 2000, c. 26, Sched. B, s. 17 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 32 is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 16, 55 (1).

Restrictions on affidavits

33. No person authorized to take affidavits shall take an affidavit of the execution of an instrument to which he or she is a party, nor shall such an affidavit be taken from a witness unless the witness has subscribed his or her name in the witness’s own handwriting as such witness.  R.S.O. 1990, c. R.20, s. 33.

Witnesses compellable to make affidavit

34. Every subscribing witness is compellable, by order of a judge of the Superior Court of Justice, to make an affidavit or proof of the execution of an instrument for the purpose of registration, and to do all other acts necessary for that purpose, upon being paid or tendered his or her reasonable expenses therefor.  R.S.O. 1990, c. R.20, s. 34; 2000, c. 26, Sched. B, s. 17 (3).

Execution of instrument

35. (1) If an instrument that is otherwise capable of registration is not duly executed, any person who is or claims to be interested in the registration of the instrument may make proof before a judge of the Superior Court of Justice of the execution of the instrument.  2000, c. 26, Sched. B, s. 17 (4).

Registration

(2) The instrument may be registered if a certificate in the prescribed form is endorsed on the instrument and signed by the judge.  2000, c. 26, Sched. B, s. 17 (4).

36. Repealed:  1998, c. 18, Sched. E, s. 226.

Execution by others

37. (1) Repealed:  1998, c. 18, Sched. E, s. 227.

Execution by others

(2) The seal of a court of record affixed to an instrument is sufficient evidence, for the purpose of registration, of the due execution of the instrument by the judge or the officer of the court signing it.  R.S.O. 1990, c. R.20, s. 37 (2).

Execution by corporation

(3) Where an instrument is executed by a corporation,

(a) the corporation’s seal affixed to the instrument, with the signature of an authorized person; or

(b) the signature of an authorized person, with the person’s statement that he or she has authority to bind the corporation,

are sufficient evidence, for the purpose of registration, of the due execution of the instrument by the corporation.  R.S.O. 1990, c. R.20, s. 37 (3).

Judgments and orders affecting land

38. (1) A judgment or order of a court or judge affecting land, other than an order or certificate endorsed on an instrument, may be registered in the land registry office of the registry division in which the land is situate by registering therein,

(a) a certificate signed by the proper officer of the court setting forth the substance and effect of the judgment or order;

(b) a copy of the judgment or order certified as such by the proper officer of the court;

(c) the original judgment or order under the seal of the court; or

(d) a notarial copy of the certificate, the certified copy or the original judgment or order.  R.S.O. 1990, c. R.20, s. 38 (1); 1998, c. 18, Sched. E, s. 228.

Supporting statement

(1.1) No judgment or order shall be registered unless it is supported by a solicitor’s statement that it,

(a) is in full force and effect and has not been stayed; and

(b) affects the land mentioned in it.  1999, c. 12, Sched. F, s. 36.

Number of mortgage to be included in certificate of foreclosure

(2) No judgment or final order of foreclosure of a mortgage shall be registered unless it includes a local description and a reference to the registration number of the mortgage.  R.S.O. 1990, c. R.20, s. 38 (2); 1993, c. 27, Sched.

Number of construction lien to be included in order discharging, etc.

(3) An order discharging a construction lien or vacating a certificate of action under the Construction Lien Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980, shall be registered by registering the order or a certificate thereof, under the seal of the court, that includes a local description and reference to the registration number of every registered claim for lien and certificate of action affected thereby.  R.S.O. 1990, c. R.20, s. 38 (3); 1993, c. 27, Sched.

Registration of certified copies, powers of attorney, etc.

39. There may be registered,

(a) a copy of an instrument certified by the land registrar in whose office the instrument is registered;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed and the following substituted:

(a) a copy of a registered instrument that has been certified in the manner approved by the Director;

See: 2012, c. 8, Sched. 51, ss. 17, 55 (1).

(b) a copy of a power of attorney or other instrument executed by a corporation that confers upon any person authority to act for the corporation if the copy is certified by the proper officer of any department of the Government of Canada or Ontario in whose office the power of attorney or instrument is deposited; or

(c) a copy of an instrument registered under the Corporation Securities Registration Act, being chapter 94 of the Revised Statutes of Ontario, 1980, or a predecessor thereof, certified under that Act.  R.S.O. 1990, c. R.20, s. 39; 1998, c. 18, Sched. E, s. 229.

Registration of deposits

40. A copy of an instrument deposited under Part II of this Act or under The Custody of Documents Act, being chapter 85 of the Revised Statutes of Ontario, 1960, or any predecessor thereof, certified by the land registrar in whose office the instrument is deposited, may be registered subject to the proof for registration required by this Act.  R.S.O. 1990, c. R.20, s. 40.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 40 is repealed and the following substituted:

Registration of deposits

40. A copy of an instrument that is deposited under Part II of this Act or under The Custody of Documents Act, being chapter 85 of the Revised Statutes of Ontario, 1960, or any predecessor of that Act and that has been certified in the manner approved by the Director, may be registered subject to the proof for registration required by the Director.  2012, c. 8, Sched. 51, s. 18.

See: 2012, c. 8, Sched. 51, ss. 18, 55 (1).

Registration of notarial copies of instruments executed in Quebec

41. A notarial copy of an instrument executed in the Province of Quebec, the original of which is filed in a notarial office according to the law of Quebec, and a prothonotarial copy of an instrument executed in Quebec may be registered and shall be treated under this Act for all purposes as if it were the original instrument, and such notarial or prothonotarial copy with the seal of the notary or prothonotary attached shall be registered without any other proof of the execution of the original thereof.  R.S.O. 1990, c. R.20, s. 41.

42. Repealed:  1998, c. 18, Sched. E, s. 230.

Registrations in languages other than English

43. Where an instrument, document or related attachment is written wholly or in part in a language other than English there shall be produced with the instrument, document or related attachment a translation into English, together with an affidavit by the translator stating that he or she understands both languages and has carefully compared the translation with the original and that the translation is in all respects a true and correct translation.  R.S.O. 1990, c. R.20, s. 43.

Registration of instruments and documents in French language

44. (1) Despite section 43, where an instrument, document or related attachment is in a prescribed form, the instrument may be registered or the document deposited if,

(a) the instrument or document affects the title to land in a registry division or part thereof that is designated by regulation; and

(b) the instrument or document is otherwise acceptable for registration or deposit.  R.S.O. 1990, c. R.20, s. 44 (1).

Regulations

(2) The Minister may make regulations,

(a) prescribing the forms of instruments, documents and related attachments for the purposes of this section;

(b) prescribing a lexicon of French-English terms to be used in connection with the prescribed forms of instruments, documents and related attachments and deeming the corresponding forms of expression in the lexicon to have the same effect in law;

(c) designating registry divisions or parts thereof for the purpose of this section;

(d) prescribing terms and conditions for the registration of instruments or deposit of documents under subsection (1);

(e) designating any Act for the purpose of subsection (4).  R.S.O. 1990, c. R.20, s. 44 (2); 1998, c. 18, Sched. E, s. 231 (1).

Note:  The Lieutenant Governor in Council may by regulation revoke regulations made under subsection (2), as that subsection read immediately before December 18, 1998, if the Minister makes a regulation under subsection (2), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 231 (1), that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 231 (2).

Definition

(3) In sections 43 and 44,

“document” has the same meaning as it has in Part II.  R.S.O. 1990, c. R.20, s. 44 (3).

Idem

(4) In this section,

“prescribed form” means a form prescribed by a regulation made under this section or any Act designated by a regulation made under clause (2) (e).  R.S.O. 1990, c. R.20, s. 44 (4).

Manner of Registering

Registration of foreclosure orders, etc.

45. A judgment in foreclosure or a final order of foreclosure or an instrument purporting to be a conveyance of land under a power of sale contained in a mortgage shall not be registered until the mortgage and any assignment thereof have been registered.  R.S.O. 1990, c. R.20, s. 45.

Instrument executed by attorney

46. (1) Subject to subsection (1.1), no instrument purporting to be signed or executed by any person by attorney shall be registered unless, at or before the time of registration,

(a) the original power of attorney, a notarial copy of it or a copy certified for registration under section 39 is registered in the land registry office where the instrument is tendered for registration; and

(b) the date of registration and registration number of the original, the notarial copy or the certified copy, as the case may be, are indicated in the body or margin of the instrument tendered for registration.  1998, c. 18, Sched. E, s. 232 (1).

Other proof

(1.1) If the power of attorney, a notarial copy of it or a certified copy cannot be produced, proof may be made before a judge of the Superior Court of Justice of the execution of the instrument and, if the judge signs a certificate in the prescribed form endorsed on the instrument and the instrument is otherwise capable of registration, the land registrar shall register the instrument and certificate.  1998, c. 18, Sched. E, s. 232 (1); 2000, c. 26, Sched. B, s. 17 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1.1) is amended by striking out “the land registrar shall register the instrument and certificate” at the end and substituting “the instrument and certificate shall be registered”.  See: 2012, c. 8, Sched. 51, ss. 19, 55 (1).

(2) Repealed:  1998, c. 18, Sched. E, s. 232 (2).

Exception

(3) Subsection (1) does not apply to instruments purporting to be executed by attorneys or commissioners for the Canada Company, the Trust and Loan Company of Canada, the Scottish Ontario and Manitoba Land Company, the North British Canadian Investment Company, the North of Scotland Canadian Mortgage Company, Limited, or the Scottish American Investment Company.  R.S.O. 1990, c. R.20, s. 46 (3).

Order dispensing with statement

47. (1) If an instrument that is otherwise capable of registration is not accompanied by a statement that this Act requires or is accompanied by an incomplete or defective statement, a person who is or claims to be interested in the registration of the instrument may apply to a judge of the Superior Court of Justice for an order dispensing with the statement.  1998, c. 18, Sched. E, s. 233; 2000, c. 26, Sched. B, s. 17 (5).

Grounds for order

(2) The judge may grant the order if the applicant proves that,

(a) the required statement cannot be obtained conveniently; and

(b) the facts were as are required to be stated by the statement.  1998, c. 18, Sched. E, s. 233.

Certificate

(3) On granting an order, the judge shall endorse on the instrument or securely attach to it a certificate, in the prescribed form, stating the facts that have been proven to the judge’s satisfaction, and the certificate shall be received in lieu of the required statement.  1998, c. 18, Sched. E, s. 233.

Requirements for grantees

48. (1) In this section,

“grantee” includes a grantee under a deed or other conveyance, a mortgagee or a person claiming an interest in land.  R.S.O. 1990, c. R.20, s. 48 (1).

Description of grantee

(2) An instrument shall not be registered unless every grantee who is not a corporation is described by surname and by the first given name in full, followed by another given name, if any, in full.  R.S.O. 1990, c. R.20, s. 48 (2).

Saving

(3) Failure to comply with subsection (2) does not, in itself, invalidate a registered instrument.  R.S.O. 1990, c. R.20, s. 48 (3).

Trustees of pension plans

(4) Despite subsection (2), where a mortgage is made or assigned to the trustee or trustees of a registered pension plan within the meaning of subsection 248 (1) of the Income Tax Act (Canada) and the mortgage or assignment has attached thereto a statement made by one of the trustees or a solicitor deposing that the plan is so registered, the mortgagee or assignee may be described in the mortgage or assignment as the trustee or trustees, naming the plan, and the individual names of the trustee or trustees are not required.  R.S.O. 1990, c. R.20, s. 48 (4); 1998, c. 18, Sched. E, s. 234 (1).

Idem

(5) An assignment or discharge of mortgage made by the trustee or trustees mentioned in subsection (4) shall not be registered unless there is attached thereto a statement made by the trustee or, where there is more than one trustee, by one of them or by the solicitor for the trustee or trustees, deposing that the signing trustee is, or trustees are, authorized to execute the assignment or discharge.  R.S.O. 1990, c. R.20, s. 48 (5); 1998, c. 18, Sched. E, s. 234 (2).

Debentures, etc.

(6) A mortgage in the form of a debenture or a similar instrument shall not be registered unless the name of the person entitled to receive the money payable thereunder and to give a discharge thereof is set out in the instrument.  R.S.O. 1990, c. R.20, s. 48 (6).

Registration numbers

49. (1) Except as provided by subsection (5), all instruments shall be numbered consecutively in order of time of being registered.  R.S.O. 1990, c. R.20, s. 49 (1).

Idem

(2) Where two or more instruments affecting the same land are received at the same time, they shall, if capable of registration, be registered and numbered in the order requested by the person or persons from whom they are received.  R.S.O. 1990, c. R.20, s. 49 (2).

Time of receipt

(3) The year, month, day, hour and minute at which an instrument is registered shall be endorsed thereon.  R.S.O. 1990, c. R.20, s. 49 (3).

Priorities, how established

(4) For the purpose of section 71, priorities shall, subject to subsection (5), be determined in accordance with the respective registration numbers.  R.S.O. 1990, c. R.20, s. 49 (4).

Idem

(5) A separate series of registration numbers may be used for plans of subdivision and for any other class of instrument that may be approved by the Director, and, for the purposes of section 71, priorities between instruments registered in different number series shall be determined in accordance with the time of receipt endorsed thereon.  R.S.O. 1990, c. R.20, s. 49 (5).

Manner of registration

50. (1) Upon accepting an instrument for registration, the land registrar shall,

(a) register it in the manner that the Director of Titles specifies;

(b) record it in the proper index or indexes in the manner that the Director of Titles specifies;

(c) except as provided by the regulations, cause it to be recorded on photographic film or by any other means of image recording that the Director specifies; and

(d) in the manner that the Director specifies, preserve it and all recorded copies of it that the Director requires.  1998, c. 18, Sched. E, s. 236; 2000, c. 26, Sched. B, s. 17 (6).

(2) Repealed:  1998, c. 18, Sched. E, s. 236.

Custody of registered instruments

(3) Every registered instrument is the property of the Crown and, subject to subsection 17 (3) and the regulations, shall be retained in the custody of the land registrar in his or her office.  R.S.O. 1990, c. R.20, s. 50 (3).

Idem

(4) Despite subsection (3), a registered instrument may be temporarily transferred to the custody of the Director of Titles or a land registrar in connection with an application under the Land Titles Act.  R.S.O. 1990, c. R.20, s. 50 (4); 2009, c. 33, Sched. 17, s. 12 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 50 is repealed and the following substituted:

Manner of registration

50. (1) Upon accepting an instrument for registration, it shall be,

(a) registered in the manner that the Director specifies;

(b) recorded in the proper index or indexes in the manner that the Director specifies;

(c) except as provided by the regulations, recorded by any means of image recording that the Director specifies; and

(d) preserved in the manner that the Director specifies.  2012, c. 8, Sched. 51, s. 20.

Custody of registered instruments

(2) Every registered instrument and deposited document under Part II is the property of the Crown and shall be retained and preserved in the manner specified by the Director.  2012, c. 8, Sched. 51, s. 20.

Same

(3) Despite subsection (2), the Director may require that a registered instrument or document deposited under Part II be temporarily transferred to the custody of the Director.  2012, c. 8, Sched. 51, s. 20.

See: 2012, c. 8, Sched. 51, ss. 20, 55 (1).

Crown grants

51. A land registrar shall register a Crown grant received by him or her under section 37 of the Public Lands Act that meets the requirements for registration set out in this Act and the regulations.  R.S.O. 1990, c. R.20, s. 51.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 51 is repealed and the following substituted:

Crown grants

51. A Crown grant received under section 37 of the Public Lands Act shall be registered if it meets the requirements for registration specified by the Director.  2012, c. 8, Sched. 51, s. 20.

See: 2012, c. 8, Sched. 51, ss. 20, 55 (1).

Orders in council

52. Where by any Act of Canada or Ontario an order in council or a certified copy thereof is required to be registered or deposited in a land registry office, the order or a certified copy thereof may be registered and recorded,

(a) in the case of an order that does not contain a local description, as a general registration; or

(b) in the case of an order that contains a local description, in the abstract index.  R.S.O. 1990, c. R.20, s. 52.

Wills and other instruments involving estates

53. (1) A will shall be registered by registering,

(a) the original will or a notarial copy of it with,

(i) in the case of a will that is not a holograph will,

(A) a statement by one of the subscribing witnesses to the will proving the due execution of it by the testator,

(B) a statement by a person well acquainted with the testator attesting to the signature of the testator on the will, or

(C) a notarial copy of a statement described in sub-subclause (A) or (B),

(ii) in the case of a holograph will,

(A) a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will, or

(B) a notarial copy of a statement described in sub-subclause (A), and

(iii) one of the following:

1. A statement that the testator died on or about a specified date, made by any person who has personal knowledge of that fact.

1.1 A notarial copy of a statement described in paragraph 1.

2. A death certificate under the Vital Statistics Act in respect of the death of the testator or a notarial copy of the certificate.

3. A certificate in respect of the death of the testator issued by a funeral director who has provided funeral services in respect of the death or a notarial copy of the certificate.

4. An order made under the Declarations of Death Act, 2002 that declares that the testator has died and that is not limited under subsection 2 (6) of that Act to specified purposes other than dealing with the testator’s estate.

5. A certified or notarial copy of an order described in paragraph 4;

(b) the letters probate, letters of administration with the will annexed, the certificate of appointment of estate trustee with or without a will or any grant based on a will given by a court outside Ontario having jurisdiction in probate matters or a notarial copy thereof; or

(c) an exemplification or certified copy of the letters probate, letters of administration with the will annexed, the certificate of appointment of estate trustee with or without a will or grant based on a will given by a court outside Ontario having jurisdiction in probate matters under the seal of the court that granted such letters or grant or a notarial copy of such exemplification or certified copy.  R.S.O. 1990, c. R.20, s. 53 (1); 1998, c. 18, Sched. E, s. 237 (1-3); 1999, c. 12, Sched. F, s. 37; 2000, c. 26, Sched. B, s. 17 (7-9); 2002, c. 14, Sched., s. 12.

(2) Repealed:  1998, c. 18, Sched. E, s. 237 (4).

(3)-(7) Repealed:  2009, c. 34, Sched. T, s. 3.

(8) Repealed:  2012, c. 8, Sched. 51, s. 21.

Letters of administration

54. Letters of administration and certificates of appointment of estate trustees without a will that under the Estates Administration Act affect land shall be registered in the same manner as a probate of a will.  1998, c. 18, Sched. E, s. 238.

Where registration of will, etc., required

55. An instrument purporting to convey or otherwise deal with land in any manner shall not be registered if executed by any person as devisee, legatee, executor administrator or estate trustee of the estate of a deceased person who at the time of his or her death appears from the instrument to have been in any wise possessed of or interested in the land in question unless before the time of registration of the instrument the will or the letters probate of the will, the letters of administration or certificate of appointment of the estate trustee under which the person executing the instrument claims to be entitled has or have been registered in the registry division in which the land in question is situate and the registration date and number thereof have been inserted in the body of the instrument or in its margin.  R.S.O. 1990, c. R.20, s. 55; 1998, c. 18, Sched. E, s. 239.

Discharge of mortgage

56. (1) A certificate of discharge, in the prescribed form, of a registered mortgage, executed by the mortgagee, the executor, administrator, estate trustee or assignee of the mortgagee, or by such other person as may be entitled by law to receive the money and to discharge the mortgage, may be registered.  R.S.O. 1990, c. R.20, s. 56 (1); 1998, c. 18, Sched. E, s. 240 (1).

(2) Repealed:  1998, c. 18, Sched. E, s. 240 (2).

(3) Repealed:  1998, c. 18, Sched. E, s. 240 (2).

(4) Repealed:  1998, c. 18, Sched. E, s. 240 (2).

(5) Repealed:  1998, c. 18, Sched. E, s. 240 (2).

(6) Repealed:  1998, c. 18, Sched. E, s. 240 (3).

Where plan registered after mortgage

(7) Where land is mortgaged and subsequently subdivided by a registered plan of subdivision, judge’s plan, land registrar’s compiled plan, or any other registered plan by which lots are created, any certificate of discharge of the mortgage shall contain a description of the affected land with reference to the plan.  R.S.O. 1990, c. R.20, s. 56 (7).

Deletion of entries

(8) If the land registrar is satisfied that a registered instrument purporting to discharge a mortgage validly discharges the land described in the discharging instrument from any claim arising under the mortgage or under any other instrument relating exclusively to the mortgage, the land registrar shall,

(a) delete from the abstract index, in the manner that the Director of Titles specifies, the entry of the mortgage and all other instruments relating exclusively to the mortgage; or

(b) make an entry in the abstract index in the manner that the Director of Titles specifies indicating that the entry of the mortgage and all other instruments relating exclusively to the mortgage is deleted.  1998, c. 18, Sched. E, s. 240 (4); 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed and the following substituted:

Deletion of entries

(8) If the Director is satisfied that a registered instrument purporting to discharge a mortgage validly discharges the land described in the discharging instrument from any claim arising under the mortgage or under any other instrument relating exclusively to the mortgage,

(a) the entry of the mortgage and all other instruments relating exclusively to the mortgage shall be deleted from the abstract index in the manner that the Director specifies; or

(b) an entry may be made in the abstract index in the manner that the Director specifies, indicating that the entry of the mortgage and all other instruments relating exclusively to the mortgage is deleted.  2012, c. 8, Sched. 51, s. 22 (1).

See: 2012, c. 8, Sched. 51, ss. 22 (1), 55 (1).

Exception

(9) Despite subsection (8), the land registrar shall not delete the entry of an instrument in the abstract index for a lot or part of a lot unless he or she is satisfied that all the lot or part is free from claims under the instrument.  R.S.O. 1990, c. R.20, s. 56 (9).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed and the following substituted:

Exception

(9) Despite subsection (8), the entry of an instrument in the abstract index for a lot or part of a lot shall not be deleted unless the Director is satisfied that all the lot or part is free from claims under the instrument.  2012, c. 8, Sched. 51, s. 22 (1).

See: 2012, c. 8, Sched. 51, ss. 22 (1), 55 (1).

Effect of deletion

(10) If the land registrar has complied with subsection (8), the land described in the discharging instrument is not affected by any claim under the mortgage or under any other instrument relating exclusively to the mortgage.  1998, c. 18, Sched. E, s. 240 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is amended by striking out “the land registrar has complied with subsection (8)” and substituting “subsection (8) has been complied with”.  See: 2012, c. 8, Sched. 51, ss. 22 (2), 55 (1).

Discharge of mortgage registered for ten years

(11) Where it appears from the abstract index that an instrument purporting to be a valid discharge of a mortgage has been registered for ten or more years, and the entry of the mortgage or any other instrument relating exclusively thereto has not been deleted from the abstract index, the land described in the mortgage or instrument, or that part of the land described in the discharging instrument, as the case may be, is not affected by any claim under the mortgage or instrument or under any instrument relating exclusively thereto.  R.S.O. 1990, c. R.20, s. 56 (11).

Instruments under s. 30

(12) Subsections (8) to (11) apply with necessary modifications to instruments mentioned in section 30, as that section read immediately before December 18, 1998, and to every instrument purporting to discharge one of those instruments.  1998, c. 18, Sched. E, s. 240 (4, 5).

Change of name of mortgagee

57. Subject to section 59, where, after the registration of a mortgage, the name of the person or corporation entitled to receive the money and to discharge the mortgage has changed or been changed, an explanation of the change of name,

(a) shall, in the case of a change of name by order under the Change of Name Act or by supplementary letters patent or articles of amendment, be noted in the body or margin of the certificate of discharge, with reference to the registration number of the certificate of order, supplementary letters patent, or certificate of amendment;

(b) shall, if made by an Act of Ontario or of any other jurisdiction, be noted in the body or margin of the certificate of discharge, with reference to the Act; or

(c) shall, if made upon or in consequence of marriage, annulment or dissolution of marriage, adoption or in any other way, be evidenced by a certificate issued under the Change of Name Act or other document specified by the Director of Titles, attached to the certificate of discharge.  R.S.O. 1990, c. R.20, s. 57; 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 241; 2002, c. 18, Sched. E, s. 8 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 23, 55 (1).

Mortgage-of-a-mortgage, etc., not to be registered

58. (1) Subject to subsection (2),

(a) a mortgage-of-a-mortgage; or

(b) a discharge of a mortgage-of-a-mortgage,

executed after the 1st day of January, 1971 shall not be registered.  R.S.O. 1990, c. R.20, s. 58 (1).

Exceptions

(2) Where, upon an application made to him or her, a judge of the Superior Court of Justice is satisfied that there cannot be conveniently obtained and registered,

(a) an assignment of a mortgage containing a provision for reassignment to the assignor instead of a mortgage-of-a-mortgage; or

(b) an assignment of a mortgage-of-a-mortgage to the person entitled to redeem the mortgage-of-a-mortgage instead of a discharge of the mortgage-of-a-mortgage,

the judge may endorse his or her fiat on the mortgage-of-a-mortgage or discharge of a mortgage-of-a-mortgage, which may then be registered, despite subsection (1).  R.S.O. 1990, c. R.20, s. 58 (2); 2000, c. 26, Sched. B, s. 17 (5).

Effect of registration of discharge

(3) A discharge, even though registered under subsection (2), executed by the person entitled to receive the money under a mortgage-of-a-mortgage, or by the executor, administrator, legal personal representative, estate trustee or assignee of the person, does not operate as a discharge of the mortgaged mortgage unless,

(a) the right to discharge the mortgaged mortgage is conferred by the mortgage-of-a-mortgage, and such right is recited in the discharge;

(b) the mortgagor of the mortgage-of-a-mortgage has lost the right to redeem, by reason of foreclosure of or sale under the mortgage-of-a-mortgage, and the foreclosure or sale is evidenced by registered instruments; or

(c) upon an application made to him or her, a judge of the Superior Court of Justice is satisfied that the discharge when registered has the effect of discharging the mortgaged mortgage and the judge makes an order to that effect and the order is either endorsed on or attached to or registered after the discharge.  R.S.O. 1990, c. R.20, s. 58 (3); 1998, c. 18, Sched. E, s. 242; 2000, c. 26, Sched. B, s. 17 (5).

Marking off mortgage

(4) Despite section 56, a land registrar shall not mark off the entry in the abstract index of a mortgage or instrument dealing with the mortgage if a mortgage-of-the-mortgage was registered and the only registered discharge relating to the mortgage was of the mortgage-of-the-mortgage, except where, having regard to the provisions contained in the mortgage-of-the-mortgage and to subsection (3), he or she is satisfied that the discharge had the effect of discharging the mortgaged mortgage.  R.S.O. 1990, c. R.20, s. 58 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Marking off mortgage

(4) Despite section 56, the entry of a mortgage or instrument dealing with the mortgage in the abstract index shall not be marked off the abstract index if a mortgage-of-the-mortgage was registered and the only registered discharge relating to the mortgage was of the mortgage-of-the-mortgage, except if, having regard to the provisions contained in the mortgage-of-the-mortgage and to subsection (3), the Director is satisfied that the discharge had the effect of discharging the mortgaged mortgage.  2012, c. 8, Sched. 51, s. 24.

See: 2012, c. 8, Sched. 51, ss. 24, 55 (1).

Discharge of mortgages held by amalgamated loan or trust corporations

59. Where a loan or trust corporation that has acquired the assets of another loan or trust corporation by amalgamation of such corporations desires to discharge any of the mortgages of such corporation and the certificate of amalgamation or a certified or notarial copy thereof has been registered, it is sufficient to set forth in the instrument to be registered the fact of the assent of the Lieutenant Governor in Council or the Governor in Council, as the case may be, to the amalgamation with the date of the certificate of amalgamation and its registered number, or a reference to the Act by which the loan or trust corporations were amalgamated or by which the agreement was ratified, and upon registration of the discharge the land registrar shall enter in the abstract index the particulars of amalgamation mentioned in the discharge.  R.S.O. 1990, c. R.20, s. 59.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 59 is amended by striking out “the land registrar shall enter in the abstract index the particulars of amalgamation mentioned in the discharge” at the end and substituting “the particulars of amalgamation mentioned in the discharge shall be entered in the abstract index”.  See: 2012, c. 8, Sched. 51, ss. 25, 55 (1).

Registration of discharge when mortgage paid off by subsequent mortgagee

60. (1) Where a mortgage has been paid off by any person advancing money by way of a new loan on mortgage on the same land and the mortgage so paid off or the discharge thereof is held by the mortgagee making the new loan, the discharge of the mortgage so paid off shall be registered within six months from the date thereof, unless the mortgagor has authorized, in writing, the retention of the discharge for a longer period.  R.S.O. 1990, c. R.20, s. 60 (1).

Right of subsequent mortgagee

(2) The registration does not affect the right, if any, of the mortgagee who may have paid off such mortgage, the assignee, or any person claiming under the mortgagee, by purchase or otherwise, to be subrogated to the rights of the mortgagee whose mortgage debt has been so paid.  R.S.O. 1990, c. R.20, s. 60 (2).

Registration of discharge given by person other than the mortgagee

61. (1) Where the person entitled to receive the mortgage money and to discharge a registered mortgage is not the original mortgagee, the person shall, at the person’s own expense, cause to be registered before the registration of the certificate of discharge all the instruments or documents through which the person claims interest in and title to the mortgage money, and until those instruments or documents are registered the certificate of discharge shall not be registered.  R.S.O. 1990, c. R.20, s. 61 (1).

Where document lost or destroyed

(2) Where it is made to appear to a judge of the Superior Court of Justice that any instrument or document through which any person claims interest in and title to mortgage money has been destroyed or cannot be found, the judge may, upon such evidence by affidavit or otherwise as the judge may consider proper, dispense with the registration thereof and thereupon shall endorse upon the certificate of discharge or firmly attach thereto his or her order directing the land registrar to register the certificate of discharge despite the failure to register the instrument or document, and the land registrar shall thereupon register the certificate of discharge.  R.S.O. 1990, c. R.20, s. 61 (2); 2000, c. 26, Sched. B, s. 17 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

If document lost or destroyed

(2) If it is made to appear to a judge of the Superior Court of Justice that any instrument or document through which any person claims interest in and title to mortgage money has been destroyed or cannot be found, the judge may, upon the evidence by affidavit or otherwise that the judge considers proper, dispense with the registration of the instrument or document.  2012, c. 8, Sched. 51, s. 26.

Certificate of discharge

(2.1) If the judge dispenses with the registration under subsection (2), the judge shall endorse upon the certificate of discharge or firmly attach to it his or her order directing that the certificate of discharge be registered despite the failure to register the instrument or document, and the certificate of discharge shall then be registered.  2012, c. 8, Sched. 51, s. 26.

See: 2012, c. 8, Sched. 51, ss. 26, 55 (1).

Contents

(3) The certificate shall mention the date of registration and the registration number of,

(a) each of the instruments or documents through which the person executing the certificate claims interest in and title to the mortgage money; and

(b) every other registered instrument relating exclusively to the mortgage.  R.S.O. 1990, c. R.20, s. 61 (3).

Powers of attorney

(4) This section applies to powers of attorney where the certificate of discharge or prior instrument or document is executed by attorney, except that it is sufficient in the certificate of discharge to state the date of each instrument, document or power of attorney and the names of the parties thereto, and to endorse on the certificate the date of registration and registration number of each instrument, document, or power of attorney, which endorsement shall be signed by the person who signed the certificate, or his or her attorney or agent, and the endorsement shall be deemed to be part of the certificate.  R.S.O. 1990, c. R.20, s. 61 (4).

Application to judge for order to register instruments authorizing discharge to be given

(5) Where the person whose duty it is to register such instruments or documents refuses or neglects to register them within fifteen days after payment of the mortgage money to the person, the person entitled to redeem the mortgage may, on giving ten days notice in writing to the person so refusing or neglecting, apply in a summary manner to a judge of the Superior Court of Justice for an order directing that the person so refusing or neglecting shall within a time to be fixed by the judge register the instruments or documents at the person’s own expense, and the judge, upon being satisfied by affidavit or oral evidence that the application is a proper one, may make the necessary order.  R.S.O. 1990, c. R.20, s. 61 (5); 2000, c. 26, Sched. B, s. 17 (5).

Powers of judge

(6) On being satisfied of the due service of the notice the judge may proceed in the absence of the person so refusing or neglecting.  R.S.O. 1990, c. R.20, s. 61 (6).

Form of notice

(7) The notice shall state that it is given in pursuance of this section.  R.S.O. 1990, c. R.20, s. 61 (7).

Partial discharge of mortgage

62. Where only part of the land mortgaged by a registered mortgage is to be discharged therefrom, a certificate of discharge, in the prescribed form, that includes a local description of the land, executed by the mortgagee, the executor, administrator, estate trustee or assignee of the mortgagee, or by such other person as may be entitled by law to receive the money and to discharge the mortgage, may be registered.  R.S.O. 1990, c. R.20, s. 62; 1998, c. 18, Sched. E, s. 243.

Effect of registration of discharge of mortgage

63. (1) If a certificate of discharge under this Act and the regulations that complies with Part I of the Land Registration Reform Act and the regulations made under it is registered for a mortgage described in subsection (2), the certificate is valid and effectual as a conveyance to the mortgagor, the heirs or assigns of the mortgagor of the mortgagor’s original estate in the mortgaged land or in the part of the land described in the certificate, as the case may be.  1998, c. 18, Sched. E, s. 244.

Mortgage predating

(2) Subsection (1) applies to a mortgage executed,

(a) before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario.  1998, c. 18, Sched. E, s. 244.

Deeds to uses

64. (1) In this section,

“deed to uses” means a deed purporting to grant or convey land to such uses as the grantee may appoint, regardless of the method of appointment specified in the deed, and, until appointment or in default of appointment, purporting to grant or convey the land to the use of the grantee absolutely, and includes every such deed containing words of like import, but does not include a mortgage; (“acte accordant un droit d’usage”)

“grantee to uses” means a grantee named in a deed to uses. (“bénéficiaire du droit d’usage”)  R.S.O. 1990, c. R.20, s. 64 (1).

Mortgage does not exhaust power

(2) A mortgage made by a grantee to uses does not exhaust the grantee’s power of appointment.  R.S.O. 1990, c. R.20, s. 64 (2).

Effect of discharge of mortgage

(3) Despite the registration of a discharge of,

(a) a mortgage that was made by a grantee to uses; or

(b) a mortgage to which the land was subject when the grantee to uses became the grantee,

the grantee to uses may exercise the power of appointment as though the mortgage had not been made.  R.S.O. 1990, c. R.20, s. 64 (3).

Application

(4) This section applies to,

(a) land conveyed by a deed to uses registered on or after the 1st day of January, 1967; and

(b) land conveyed by a deed to uses registered before the 1st day of January, 1967, but not conveyed or devised until after that day by the grantee to uses by a deed or will.  R.S.O. 1990, c. R.20, s. 64 (4).

Discharge of mortgage seized under execution

65. (1) Where a sheriff, bailiff of the Small Claims Court or other officer, under a writ or warrant of execution against goods, seizes a mortgage belonging to the person against whose goods the writ or warrant has issued, on or affecting land in Ontario, the payment of the mortgage money in whole or in part to the sheriff, bailiff, or other officer by the mortgagor, or any other person or any person claiming under the mortgagor, satisfies the mortgage to the extent of such payment.  R.S.O. 1990, c. R.20, s. 65 (1).

Form of certificate of discharge

(2) After payment of the mortgage money or any part thereof, the sheriff, bailiff or other officer shall, at the request and expense of the person requiring it, give a certificate in the prescribed form under the hand and seal of office of the sheriff or other officer, or under the hand of the bailiff and the seal of the Small Claims Court.  R.S.O. 1990, c. R.20, s. 65 (2).

Seal of court

(3) Upon the written request of the bailiff, the clerk of the division of the Small Claims Court of which he or she is bailiff shall affix to the certificate the seal of the court and the clerk shall file the request of the bailiff in his or her office.  R.S.O. 1990, c. R.20, s. 65 (3).

(4) Repealed:  1998, c. 18, Sched. E, s. 245 (1).

(5) Repealed:  1998, c. 18, Sched. E, s. 245 (1).

Effect of certificate

(6) A certificate of payment in full of a mortgage described in subsection (6.1), when registered, is as valid and effectual in law as a release of the mortgage and as a conveyance of the original estate of the mortgagor that is executed by the execution debtor and made to the mortgagor, the heirs, executors, administrators, estate trustees or assigns of the mortgagor, or any person lawfully claiming by, through or under the mortgagor or the heirs, executors, administrators, estate trustees or assigns of the mortgagor.  1998, c. 18, Sched. E, s. 245 (2).

Mortgage predating

(6.1) Subsection (6) applies to a mortgage executed,

(a) before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario.  1998, c. 18, Sched. E, s. 245 (2).

Effect of certificate of part payment

(7) The certificate when registered, if it is of payment of only a part of the mortgage money, is as valid and effectual in law as a release of the mortgage, as to such part, as if executed by the execution debtor.  R.S.O. 1990, c. R.20, s. 65 (7).

Notice of seizure of mortgage

(8) Where a mortgage has been seized by a sheriff or bailiff of the Small Claims Court or other officer in the manner provided by law, and the seizure has been withdrawn, vacated or for any other reason set aside, the sheriff, bailiff or other officer under whose hand notice of seizure has issued, may give a certificate directed to the land registrar in whose office the notice of seizure is registered, to the effect that the seizure has been withdrawn, vacated or set aside, as the case may be.  R.S.O. 1990, c. R.20, s. 65 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is amended by striking out “the land registrar in whose office” and substituting “the land registry office where”.  See: 2012, c. 8, Sched. 51, ss. 27, 55 (1).

Discharge of instrument given in relation to purchase of goods

66. Instruments of the nature mentioned in section 30, as that section read immediately before December 18, 1998, may be discharged, and the land affected thereby released therefrom, by registering in the proper land registry office a certificate of discharge in the prescribed form.  R.S.O. 1990, c. R.20, s. 66; 1998, c. 18, Sched. E, s. 246.

Effect when discharge of certain other instruments registered for two years

67. (1) Where it appears from the abstract index that an instrument purporting to be a valid discharge of,

(a) a certificate of pending litigation;

(b) a claim for a construction lien under the Construction Lien Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980;

(c) a certificate of action in respect of a construction lien under the Construction Lien Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980;

(d) a registered notice of a conditional sale contract;

(e) a registered gas or oil lease;

(f) a registered notice of security interest under the Personal Property Security Act;

(g) a certificate under subsection 3 (3) of the Housing Development Act;

(h) a registered notice of a lien under the Legal Aid Services Act, 1998;

(i) a registered notice of a lien under the Ontario Works Act, 1997;

(j) a registered notice of a lien under the Ontario Disability Support Program Act, 1997;

(k) an instrument of a prescribed class,

has been registered for two or more years, the land described in the certificate, claim, notice or lease, or that portion of the land described in the discharging instrument, as the case may be, is not affected by any claim under the certificate, claim, notice or lease or under any instrument relating exclusively thereto.  R.S.O. 1990, c. R.20, s. 67 (1); 1993, c. 27, Sched.; 1999, c. 12, Sched. F, s. 38 (1); 2002, c. 18, Sched. E, s. 8 (5).

Deletion after two years

(2) After the expiry of the two-year period mentioned in subsection (1), the land registrar may,

(a) delete from the abstract index, in the manner that the Director of Titles specifies, the entry of any instrument to which subsection (1) applies; or

(b) make an entry in the abstract index, in the manner that the Director of Titles specifies, indicating that the entry of any instrument to which subsection (1) applies is deleted.  1999, c. 12, Sched. F, s. 38 (2); 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Deletion after two years

(2) After the expiry of the two-year period mentioned in subsection (1),

(a) the entry of the instrument to which the discharge mentioned in that subsection applies may be deleted from the abstract index in the manner that the Director specifies; or

(b) an entry may be made in the abstract index in the manner that the Director specifies, indicating that the entry of the instrument to which the discharge mentioned in that subsection applies is deleted.  2012, c. 8, Sched. 51, s. 28 (1).

See: 2012, c. 8, Sched. 51, ss. 28 (1), 55 (1).

Restriction

(3) Despite subsection (2), the land registrar shall not take any action described in that subsection with respect to the entry of an instrument in the abstract index for a lot or part of a lot unless all the lot or part is free of claims under the instrument by virtue of the operation of subsection (1).  1999, c. 12, Sched. F, s. 38 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted:

Restriction

(3) Despite subsection (2), no action shall be taken under that subsection with respect to the entry of an instrument in the abstract index for a lot or part of a lot unless all the lot or part is free of claims under the instrument by virtue of the operation of subsection (1).  2012, c. 8, Sched. 51, s. 28 (1).

See: 2012, c. 8, Sched. 51, ss. 28 (1), 55 (1).

Deletion at any time

(4) The land registrar may,

(a) delete from the abstract index, in the manner that the Director of Titles specifies, the entry of a notice of the granting of a pension registered under section 13 of The Old Age Pensions Act, being chapter 258 of the Revised Statutes of Ontario, 1950, or any predecessor of that section; or

(b) make an entry in the abstract index, in the manner that the Director of Titles specifies, indicating that the entry of any instrument described in clause (a) is deleted.  1999, c. 12, Sched. F, s. 38 (2); 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Deletion of pension notice

(4) If a notice of the granting of a pension registered under section 13 of The Old Age Pensions Act, being chapter 258 of the Revised Statutes of Ontario, 1950, or any predecessor of that section, is entered in the abstract index,

(a) the entry of the notice may be deleted from the abstract index in the manner that the Director specifies; or

(b) an entry may be made in the abstract index, in the manner that the Director specifies, indicating that the entry of the notice is deleted.  2012, c. 8, Sched. 51, s. 28 (1).

See: 2012, c. 8, Sched. 51, ss. 28 (1), 55 (1).

Early deletion

(5) If the land registrar is satisfied that an instrument purporting to be a discharge of an instrument mentioned in subsection (1) validly discharges the land described in the discharging instrument from any claim arising under the instrument being discharged or under any other instrument relating exclusively to the instrument being discharged, the land registrar may, before the expiry of the two-year period mentioned in that subsection,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by striking out “land registrar” wherever that expression appears in the portion before clause (a) and substituting in each case “Director”.  See: 2012, c. 8, Sched. 51, ss. 28 (2), 55 (1).

(a) delete from the abstract index, in the manner that the Director of Titles specifies, the entry of the instrument being discharged and all other instruments relating exclusively to that instrument; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed and the following substituted:

(a) specify the manner in which the entry of the instrument being discharged, and all other instruments relating exclusively to that instrument, may be deleted from the abstract index; or

See: 2012, c. 8, Sched. 51, ss. 28 (3), 55 (1).

(b) make an entry in the abstract index, in the manner that the Director of Titles specifies, indicating that the entry of the instrument being discharged and all other instruments relating exclusively to that instrument is deleted.  1999, c. 12, Sched. F, s. 38 (2); 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed and the following substituted:

(b) specify the manner in which an entry may be made in the abstract index, indicating that the entry of the instrument being discharged and of all other instruments relating exclusively to that instrument is deleted.

See: 2012, c. 8, Sched. 51, ss. 28 (3), 55 (1).

Effect of deletion

(6) If the land registrar complies with subsection (2) or (5), the land described in the discharging instrument is not affected by any claim under the instrument being discharged.  1999, c. 12, Sched. F, s. 38 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed and the following substituted:

Effect of deletion

(6) If the entry of the instrument has been deleted in accordance with subsection (2), the land described in the discharging instrument is not affected by any claim under the instrument being discharged.  2012, c. 8, Sched. 51, s. 28 (4).

See: 2012, c. 8, Sched. 51, ss. 28 (4), 55 (1).

Registration of order

68. Every order of the Ontario Municipal Board or other order or instrument whereby a local municipality becomes incorporated or the boundaries of a municipality are enlarged, diminished or altered, may be registered in the proper land registry office.  2002, c. 17, Sched. F, Table.

Certified copies, notarial copies

69. Where any provision of this Act requires or permits the registration of a certified or notarial copy of an instrument, the instrument may be registered instead of a copy.  R.S.O. 1990, c. R.20, s. 69.

Registration and its Effect

Effect of unregistered instruments

70. (1) After the grant from the Crown of land, and letters patent issued therefor, every instrument affecting the land or any part thereof shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without actual notice, unless the instrument is registered before the registration of the instrument under which the subsequent purchaser or mortgagee claims.  R.S.O. 1990, c. R.20, s. 70 (1).

Exception as to certain leases

(2) This section does not extend to a lease for a term not exceeding seven years where the actual possession goes along with the lease, but it does extend to every lease for a longer term than seven years.  R.S.O. 1990, c. R.20, s. 70 (2).

Exception as to certain by-laws

(3) This section does not extend and shall be deemed never to have extended to,

(a) a by-law passed before the 6th day of April, 1954 under section 390 of The Municipal Act, being chapter 243 of the Revised Statutes of Ontario, 1950 or a predecessor of that section;

(b) a by-law passed after the 5th day of April, 1954 under section 390 of The Municipal Act, being chapter 243 of the Revised Statutes of Ontario, 1950 or under section 34 of the Planning Act or a predecessor of that section of the Planning Act; or

(c) any other municipal by-law, heretofore or hereafter passed, affecting land that does not directly affect the title to land.  R.S.O. 1990, c. R.20, s. 70 (3).

Actual notice

71. Priority of registration prevails unless before the prior registration there has been actual notice of the prior instrument by the person claiming under the prior registration.  R.S.O. 1990, c. R.20, s. 71.

Certificate of title

71.1 A certificate of title that is registered in accordance with the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force, is conclusive as of the day, hour and minute stated in the certificate that the title of the person named as owner of the land described in the certificate was absolute and indefeasible as regards the Crown and all persons whomsoever, subject only to the exceptions, limitations, qualifications, reservations, conditions, covenants, restrictions, charges, mortgages, liens and other encumbrances mentioned in the certificate.  2009, c. 33, Sched. 17, s. 12 (5).

Equitable liens, and tacking

72. No equitable lien, charge or interest affecting land is valid as against a registered instrument executed by the same person, the heirs or assigns of the person, and tacking shall not be allowed in any case to prevail against the provisions of this Act.  R.S.O. 1990, c. R.20, s. 72.

Effect of subsequent registered conveyances on mortgage money paid subsequently

73. A registered mortgage is, as against the mortgagor, the heirs, executors, administrators, estate trustees, assigns of the mortgagor and every other person claiming by, through or under the mortgagor, a security upon the land comprised therein to the extent of the money or money’s worth actually advanced or supplied under the mortgage, not exceeding the amount for which the mortgage is expressed to be a security, although the money or money’s worth, or some part thereof, was advanced or supplied after the registration of a conveyance, mortgage or other instrument affecting the mortgaged land, executed by the mortgagor, the heirs, executors, administrators or estate trustees of the mortgagor, and registered subsequently to the first-mentioned mortgage, unless before advancing or supplying the money or money’s worth, the mortgagee in the first-mentioned mortgage had actual notice of the execution and registration of such conveyance, mortgage or other instrument, and the registration of such conveyance, mortgage or other instrument after the registration of the first-mentioned mortgage, does not constitute actual notice.  R.S.O. 1990, c. R.20, s. 73; 1998, c. 18, Sched. E, s. 248.

Registration to be notice

74. (1) The registration of an instrument under this or any former Act constitutes notice of the instrument to all persons claiming any interest in the land, subsequent to such registration, despite any defect in the proof for registration, but nevertheless it is the duty of a land registrar not to register any instrument except on such proof as is required by this Act.  R.S.O. 1990, c. R.20, s. 74 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “but nevertheless it is the duty of a land registrar not to register any instrument except on such proof as is required by this Act” at the end.  See: 2012, c. 8, Sched. 51, ss. 29 (1), 55 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 74 is amended by adding the following subsection:

Proof for registration

(1.1) Despite subsection (1), no instrument shall be registered except on the proof that the Director specifies.  2012, c. 8, Sched. 51, s. 29 (2).

See: 2012, c. 8, Sched. 51, ss. 29 (2), 55 (1).

Where subs. (1) does not apply

(2) Subsection (1) does not apply to an instrument entered in the by-law index or to an instrument registered as a general registration under subsection 18 (1) or (6) or under predecessors of those subsections,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “18 (1) or (6)” in the portion before clause (a) and substituting “19 (1) or 19.1 (2)”.  See: 2012, c. 8, Sched. 51, ss. 29 (3), 55 (1).

(a) unless an entry of the instrument appears in the abstract index;

(b) unless an entry of a declaration under section 25 or a predecessor of that subsection referring to the instrument appears in the abstract index; or

(c) unless the instrument is mentioned in a subsequently registered instrument and an entry of the latter instrument or of a declaration referring thereto, as mentioned in clause (b), appears in the abstract index.  R.S.O. 1990, c. R.20, s. 74 (2); 1998, c. 18, Sched. E, s. 249 (1).

Deemed notice

(3) For the purposes of subsection (1), the registration of a notice under section 113 or a statement under section 25 constitutes registration of the instrument referred to in the notice or statement.  1998, c. 18, Sched. E, s. 249 (2).

Idem

(4) The registration of a notice under subsection 22 (7) or (8) constitutes notice only of the particulars contained in the notice.  R.S.O. 1990, c. R.20, s. 74 (4).

Where no notice

(5) After the expiry of a notice registered under subsection 22 (8), the notice shall not constitute notice of the agreement, option or assignment or of any particulars referred to in the notice.  R.S.O. 1990, c. R.20, s. 74 (5).

Instruments giving authority to sell land, limit on effect

75. An instrument that is or purports to be a power of attorney or authority to sell land in which the commission, payment for services, or other remuneration of the attorney or agent is made a charge on the land, as against a subsequent purchaser or mortgagee for valuable consideration and as against the creditors of the person giving the power or authority, ceases to charge the land with the commission, payment for services, or remuneration after the lapse of one year from the making of the instrument.  R.S.O. 1990, c. R.20, s. 75.

Corrections

76. (1) Except in the manner hereinafter provided, after an instrument has been recorded, no alteration or correction shall be made to any entry previously made respecting the instruments.  R.S.O. 1990, c. R.20, s. 76 (1).

Method

(2) The land registrar shall, immediately after becoming aware of any omission or error in recording or deleting,

(a) make, date and certify the necessary entries, alterations or corrections in the manner that the Director of Titles specifies, unless the Director of Titles authorizes the land registrar not to make them; and

(b) notify all persons who may be adversely affected by the necessary entries, alterations or corrections.  R.S.O. 1990, c. R.20, s. 76 (2); 1998, c. 18, Sched. E, s. 250; 1999, c. 12, Sched. F, s. 39; 2000, c. 26, Sched. B, s. 17 (10).

Re-entry of instruments not referring to prior registered plan

(3) Where, after the registration of a plan, instruments affecting land within the plan were registered that did not conform and refer thereto, the land registrar shall, when he or she considers it necessary or when so directed by the Director of Titles, cause the instruments to be recorded in the proper abstract index in accordance with subsection (2).  R.S.O. 1990, c. R.20, s. 76 (3); 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 76 is repealed and the following substituted:

Corrections

76. (1) After an instrument has been recorded, no alteration or correction shall be made to any entry previously made respecting the instrument, except in the manner approved by the Director.  2012, c. 8, Sched. 51, s. 30.

Method

(2) Upon discovery of an omission or error in recording or deleting the entries, alterations or corrections that the Director specifies may be made and the persons who may be adversely affected by them shall be notified in the manner specified by the Director.  2012, c. 8, Sched. 51, s. 30.

Re-entry of instruments not referring to registered plan

(3) If, after the registration of a plan, instruments affecting land within the plan were registered that did not conform and refer to the plan, the Director may require that the instruments be recorded in the proper abstract index in accordance with subsection (2).  2012, c. 8, Sched. 51, s. 30.

See: 2012, c. 8, Sched. 51, ss. 30, 55 (1).

Deemed registration

77. An instrument capable of and properly proved for registration shall be deemed to be registered when the land registrar has accepted it for registration in accordance with the regulations and no alteration may be made to it after that time.  1998, c. 18, Sched. E, s. 251.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 77 is repealed and the following substituted:

Deemed registration

77. An instrument capable of and properly proved for registration shall be deemed to be registered when it has been accepted for registration in accordance with the requirements specified by the Director and no alteration may be made to it after that time.  2012, c. 8, Sched. 51, s. 30.

See: 2012, c. 8, Sched. 51, ss. 30, 55 (1).

Plans

Registered plan of subdivision

78. (1) A plan of subdivision shall not be registered unless it has been prepared by a surveyor and unless it complies with the regulations.  R.S.O. 1990, c. R.20, s. 78 (1).

Idem

(2) An instrument that refers to a plan of subdivision shall not be registered unless the plan of subdivision is registered.  R.S.O. 1990, c. R.20, s. 78 (2).

Effect of mortgagee’s consent

(3) The consent of the mortgagee to a plan of subdivision, when registered, discharges from the mortgage any land dedicated by the owner as a public highway and any land designated as a reserve that is conveyed to the corporation of the municipality in which the land is situate.  R.S.O. 1990, c. R.20, s. 78 (3).

Plans of unpatented lands

(4) The land registrar shall not register a plan of a subdivision of land for which a Crown patent has not issued unless the assent of the Minister of Natural Resources to the registration is endorsed on the plan.  R.S.O. 1990, c. R.20, s. 78 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Plans of unpatented lands

(4) A plan of a subdivision of land for which a Crown patent has not been issued shall not be registered unless the assent of the Minister of Natural Resources to the registration is endorsed on the plan.  2012, c. 8, Sched. 51, s. 31 (1).

See: 2012, c. 8, Sched. 51, ss. 31 (1), 55 (1).

Consents required

(5) The land registrar shall not register a plan of subdivision of land unless every person who appears on the abstract index to be the owner of the land has endorsed the plan as owner and unless every person who appears by the abstract index to be a mortgagee of the land consents in writing, but nothing in this section shall be deemed to require the consent to any such plan of the owner of an easement or right in the nature of an easement in respect of the land.  R.S.O. 1990, c. R.20, s. 78 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by striking out “The land registrar shall not register a plan of subdivision of land” at the beginning and substituting “A plan of subdivision of land shall not be registered”.  See: 2012, c. 8, Sched. 51, ss. 31 (2), 55 (1).

Where consent of mortgagee not required

(6) Subsection (5) does not require the consent of a mortgagee unless the plan of subdivision dedicates part of the land to which the mortgage applies as a public highway.  R.S.O. 1990, c. R.20, s. 78 (6).

Approvals under Planning Act

(7) No plan to which the Planning Act applies, except a plan registered under section 83 or 91 of this Act, shall be registered unless approved under the Planning Act.  R.S.O. 1990, c. R.20, s. 78 (7).

Claim under Family Law Act

(8) Land dedicated by its owner for a street or public highway is not subject to any claim under Part II of the Family Law Act by the spouse of the person by whom it was dedicated.  R.S.O. 1990, c. R.20, s. 78 (8); 1993, c. 27, Sched.

Where plans required to be registered

(9) A plan of subdivision of land that is within an area to which the Land Titles Act applies shall not be registered under this Act, subject to subsection 144 (2) of the Land Titles Act.  R.S.O. 1990, c. R.20, s. 78 (9).

Where land in certification area

(10) Subject to the regulations, a plan of subdivision of land that is within a certification area shall not be registered under this Act unless,

(a) the title of the owner of the land has been certified under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force; or

(b) the plan is accepted for registration within six months after the designation of the area in which the land is situate as a certification area.

(c) Repealed:  2009, c. 33, Sched. 17, s. 12 (7).

R.S.O. 1990, c. R.20, s. 78 (10); 2009, c. 33, Sched. 17, s. 12 (6, 7).

Where description required to be registered

(11) A description as defined in the Condominium Act, 1998 in respect of land that is within an area to which the Land Titles Act applies but not within an area designated under subsection 144 (3) of the Land Titles Act shall not be registered under this Act.  R.S.O. 1990, c. R.20, s. 78 (11); 2009, c. 33, Sched. 17, s. 12 (8).

Examination of survey

79. (1) The examiner of surveys, an assistant examiner of surveys or a person acting under the direction of either of them may, in order to carry out an examination of a plan of survey, for the purposes of this or any other Act, examine the survey on the ground.  R.S.O. 1990, c. R.20, s. 79 (1).

Right of entry

(2) Any person referred to in subsection (1), while in the exercise of the powers conferred by subsection (1), may,

(a) at any time enter and pass over the land of any person; or

(b) at a time suitable to the occupant of a building enter the building,

and do any act thereon or therein for any purpose of the examination.  R.S.O. 1990, c. R.20, s. 79 (2).

Offence

(3) Every person who interferes with or obstructs the examiner of surveys, an assistant examiner of surveys or a person referred to in subsection (1) in the exercise of any of the powers conferred by subsection (1) or (2) is guilty of an offence.  R.S.O. 1990, c. R.20, s. 79 (3).

Where reference plan required

80. (1) Subject to section 81, a deed or other conveyance or mortgage of land shall not be registered unless,

(a) the land is the whole part remaining to the owner of the land described in a registered conveyance to the owner;

(b) the land consists of the whole of a lot, block, street, lane, reserve or common according to a registered plan of subdivision, judge’s plan or municipal plan under section 91;

(c) the land is the whole of a Part according to a previously recorded reference plan; or

(d) the land is shown on a plan, to be known as a reference plan, prepared and deposited in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 80 (1).

Exception

(2) The land registrar, having regard to the circumstances, may order that subsection (1) does not apply in the case of a conveyance or mortgage mentioned in the order.  R.S.O. 1990, c. R.20, s. 80 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Exception

(2) Subsection (1) does not apply in the case of a conveyance or mortgage in the circumstances that the Director approves.  2012, c. 8, Sched. 51, s. 32.

See: 2012, c. 8, Sched. 51, ss. 32, 55 (1).

Where land registrar may require reference plan

81. (1) Where an instrument submitted for registration contains a description of land that in the opinion of the land registrar is complex or vague, he or she may require a plan of the land to be deposited as a reference plan before accepting the instrument for registration.  R.S.O. 1990, c. R.20, s. 81 (1).

Saving

(2) Where the land registrar is satisfied that compliance with a requirement made under subsection (1) would be unreasonable, having regard to the circumstances, he or she may accept, in lieu of a reference plan, a sketch of the land prepared in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 81 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 81 is repealed and the following substituted:

Requirement for reference plan

81. (1) If an instrument submitted for registration contains a description of land that, in the opinion of the Director, is complex or vague, the deposit of a reference plan may be required before the instrument is accepted for registration.  2012, c. 8, Sched. 51, s. 33.

Exception

(2) If the Director is satisfied that compliance with a requirement made under subsection (1) would be unreasonable, having regard to the circumstances, the Director may accept, in lieu of a reference plan, a sketch of the land prepared in accordance with the regulations.  2012, c. 8, Sched. 51, s. 33.

See: 2012, c. 8, Sched. 51, ss. 33, 55 (1).

Plan index

82. The land registrar shall keep a plan index in the form that the Director of Titles specifies.  1998, c. 18, Sched. E, s. 252; 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 82 is repealed and the following substituted:

Plan index

82. A plan index shall be maintained in the form that the Director specifies.  2012, c. 8, Sched. 51, s. 33.

See: 2012, c. 8, Sched. 51, ss. 33, 55 (1).

Land registrar’s compiled plan

83. (1) Where and as the examiner of surveys directs, the land registrar, taking account of registered instruments and deposited plans, shall prepare and register a plan of an area designated by the examiner of surveys.  R.S.O. 1990, c. R.20, s. 83 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Compiled Plan

(1) If and as the examiner of surveys directs, a plan of an area designated by the examiner of surveys shall be prepared and registered, taking account of registered instruments and deposited plans.  2012, c. 8, Sched. 51, s. 34.

See: 2012, c. 8, Sched. 51, ss. 34, 55 (1).

Idem

(2) A plan prepared and registered under subsection (1) shall be known as a Land Registrar’s Compiled Plan.  R.S.O. 1990, c. R.20, s. 83 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Same

(2) A plan prepared and registered under subsection (1) shall be known as a Compiled Plan.  2012, c. 8, Sched. 51, s. 34.

See: 2012, c. 8, Sched. 51, ss. 34, 55 (1).

New abstract index

(3) Where and as the Director of Titles directs, the land registrar, taking account of registered instruments and deposited plans, shall,

(a) divide an area designated by the Director of Titles into parcels for abstract purposes;

(b) create a new heading in the abstract index for each parcel; and

(c) record previously registered instruments and deposited documents affecting or relating to the designated area under the new headings.  R.S.O. 1990, c. R.20, s. 83 (3); 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted:

New abstract index

(3) In the manner specified by the Director, taking account of registered instruments and deposited plans,

(a) designated areas shall be divided into parcels for abstract purposes;

(b) new headings shall be created in the abstract index for each parcel; and

(c) previously registered instruments and deposited documents affecting or relating to the designated area shall be recorded under the new headings.  2012, c. 8, Sched. 51, s. 34.

See: 2012, c. 8, Sched. 51, ss. 34, 55 (1).

Easements

(4) A parcel may include a reference to any easement in respect of which the land is the dominant or servient tenement.  R.S.O. 1990, c. R.20, s. 83 (4).

Abstract index to original lots

84. (1) Where a plan of a subdivision of a lot or part of a lot has been or is registered, the land registrar, when directed so to do by the Director of Titles, shall prepare an abstract of all instruments affecting the part subdivided, and enter the same in the page or pages of the abstract index book immediately preceding the abstract as to the first lot on the plan.  R.S.O. 1990, c. R.20, s. 84 (1); 2000, c. 26, Sched. B, s. 17 (10).

Idem

(2) Whenever a further subdivision of any of the lots on a plan is made, the land registrar, when directed so to do by the Director of Titles, shall prepare and enter in like manner an abstract of all instruments affecting the part so subdivided from the registration of the previous plan.  R.S.O. 1990, c. R.20, s. 84 (2); 2000, c. 26, Sched. B, s. 17 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 84 is repealed and the following substituted:

Abstract index to original lots

84. (1) If a plan of a subdivision of a lot or part of a lot has been or is registered, the Director shall have an abstract of all instruments affecting the part subdivided prepared and have those instruments entered in the page or pages of the abstract index immediately preceding the abstract for the first lot on the plan.  2012, c. 8, Sched. 51, s. 35.

Same, further subdivision

(2) If a further subdivision of any of the lots on a plan is made, the Director shall, in like manner, have an abstract of all instruments affecting the part so subdivided from the registration of the previous plan prepared and have those instruments entered in the abstract index.  2012, c. 8, Sched. 51, s. 35.

See: 2012, c. 8, Sched. 51, ss. 35, 55 (1).

Registration of instrument referring to an unregistered plan

85. Subject to the regulations, no instrument referring to an unregistered plan shall be registered unless an instrument referring to the plan has been registered in respect of the same land, and, if the land registrar objects to the registration of an instrument on the ground that it refers to an unregistered plan, he or she may refuse to register the instrument unless the person desiring its registration refers the land registrar to the number of an instrument registered in respect of the same land referring to the unregistered plan.  R.S.O. 1990, c. R.20, s. 85.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 85 is amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.  See: 2012, c. 8, Sched. 51, ss. 36, 55 (1).

When instruments not conforming to proper plan may be registered

86. (1) Where an instrument that does not conform and refer to the proper plan has been duly executed and any party thereto has died, or, where it would, in the opinion of the land registrar, be impossible or inconvenient to obtain a new instrument containing the proper description, the instrument may be registered if accompanied by a statement in the prescribed form annexed thereto or endorsed thereon.  R.S.O. 1990, c. R.20, s. 86 (1); 1998, c. 18, Sched. E, s. 253 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Registration of instrument not conforming to proper plan

(1) If an instrument that does not conform and refer to the proper plan has been duly executed and if any party to the instrument has died or, in the opinion of the Director, it would be impossible or inconvenient to obtain a new instrument containing the proper description, the instrument may be registered if accompanied by a statement in the prescribed form.  2012, c. 8, Sched. 51, s. 37 (1).

See: 2012, c. 8, Sched. 51, ss. 37 (1), 55 (1).

Duty of land registrar

(2) The land registrar shall thereupon enter the instrument in the abstract index in which the subdivision is entered under the lots designated in the statement, and no entry shall be made in the abstract index of the land before its subdivision.  R.S.O. 1990, c. R.20, s. 86 (2); 1998, c. 18, Sched. E, s. 253 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “The land registrar shall thereupon enter the instrument” at the beginning and substituting “The instrument shall be entered”.  See: 2012, c. 8, Sched. 51, ss. 37 (2), 55 (1).

When registered plan not signed by an owner becomes binding

87. (1) Where a parcel of land has been included in a registered plan of subdivision that was not signed by the owner of the parcel and the parcel is subsequently described in a registered deed or other conveyance as being within the plan, the plan is as binding upon the grantee of the parcel and all persons claiming under the grantee as if the plan had been signed by the owner of the parcel.  R.S.O. 1990, c. R.20, s. 87 (1).

Saving

(2) Subsection (1) does not affect the rights of a mortgagee whose mortgage was registered before the deed or other conveyance, mentioned in subsection (1), was registered.  R.S.O. 1990, c. R.20, s. 87 (2).

Powers of judge to make order

88. (1) The council of any municipality may apply to a judge of the Superior Court of Justice, and the judge has power to make orders and directions,

(a) for the hearing of the application upon such notice as the judge may direct;

(b) to cancel or suspend in whole or in part any registered plan;

(c) to close, divert or alter any or all highways, roads, streets or lanes shown on any such plan, either temporarily or permanently, or pending the suspension of the plan;

(d) to provide that the lands or any part or parts thereof shown on any such plan shall thereafter, or pending such suspension or until further order of the judge, be known and described by the original township or other registration numbers or designations used prior to the registration of any such plan, or such other numbers or descriptions as to the judge may seem convenient, but shall not assign a property identifier to the lands or alter any property identifier that has been assigned under subsection 21 (2) or (4);

(e) to impose such terms and conditions as to the judge may seem proper;

(f) to fix and determine the fees and charges to be imposed and collected by land registrars for all and any services under this section, and by whom the same shall be payable;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (f) is amended by striking out “by land registrars”.  See: 2012, c. 8, Sched. 51, ss. 38, 55 (1).

(g) to reinstate in whole or in part any plan suspended as aforesaid,

and the judge has power to make such further or other order, direction or disposition as the judge, in his or her discretion, may consider proper.  R.S.O. 1990, c. R.20, s. 88 (1); 2000, c. 26, Sched. B, s. 17 (5).

Appeal from order

(2) The Minister or any person affected by an order made under subsection (1) may appeal the order to the Divisional Court.  R.S.O. 1990, c. R.20, s. 88 (2).

(3) Repealed:  1999, c. 12, Sched. M, s. 32.

Correction of plan

89. An error, defect or omission in a registered or deposited plan may be corrected in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 89.

Unregistered plans of subdivision, etc.

90. Where land has been sold in accordance with or by reference to surveys or subdivisions that so differ from the manner in which the land was surveyed or granted by the Crown that parcels so sold cannot be easily identified unless the plan is registered, the plan shall be registered if still in existence and procurable for registration.  R.S.O. 1990, c. R.20, s. 90.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 90 is amended by striking out “the plan shall be registered if” and substituting “the Director may require that the plan be registered if it is”.  See: 2012, c. 8, Sched. 51, ss. 39, 55 (1).

Municipal plans

91. (1) Where land in a municipality has been sold under surveys or subdivisions made in a manner that so differs from that in which the land was surveyed or granted by the Crown that the parcels sold cannot be easily identified, and the plan has not been registered, the council of the municipality may cause a plan of the land to be made and, with the approval of the examiner of surveys endorsed thereon, registered, and the expenses of the preparation and registration of the plan may be paid in whole or in part by a special rate to be levied by assessment on the land comprised in the plan as described in a by-law to be passed for the purpose of levying such rate.  R.S.O. 1990, c. R.20, s. 91 (1).

Designation of lots

(2) A plan prepared under subsection (1) shall show such subdivisions of original lots as are shown by registered plans, and such as are not so shown but appear from the instruments relating to the land, with each of the lots as shown on the new plan numbered or lettered in such a manner that they may be readily identified.  R.S.O. 1990, c. R.20, s. 91 (2).

Plan to comply with regulations

(3) A plan under this section shall be prepared and registered in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 91 (3).

92. Repealed:  R.S.O. 1990, c. R.20, s. 92 (6).

Note:  Section 92 was repealed by proclamation on July 30, 1997 and all restraining orders and directions designating areas of land as subdivision plan areas made under section 92 or a predecessor thereof are rescinded on July 30, 1997.  See:  R.S.O. 1990, c. R.20, s. 92 (6).

Condominium declaration and description

93. A declaration and description, as defined in the Condominium Act, 1998, shall not be registered under this Act unless a certificate of title under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force, showing the person by whom the declaration and description are being registered as the owner in fee simple of the land has been registered.  2009, c. 33, Sched. 17, s. 12 (9).

Fees of Land Registrars

Fees in cases not provided for

94. (1) Where an Act requires or permits an instrument to be registered, deposited or filed in a land registry office or requires a land registrar to perform any service and no fees therefor are provided by this Act or the regulations or by any other Act of Ontario, the land registrar, in the absence of any express provision requiring him or her to perform such services gratuitously, is entitled to such reasonable fees therefor as the Director may fix, to be paid by the person requiring the service to be performed.  R.S.O. 1990, c. R.20, s. 94 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Fees if not provided for

(1) If an Act requires or permits an instrument to be registered, deposited or filed in a land registry office or requires any service to be performed and no fees for that are provided by this Act or the regulations or by any other Act, the fees may be fixed by the Director.  2012, c. 8, Sched. 51, s. 40 (1).

See: 2012, c. 8, Sched. 51, ss. 40 (1), 55 (1).

Idem

(2) Where an Act provides a fee for registration but does not provide a fee for additional entries where the instrument embraces more than one lot or parcel, the Director may, subject to the regulations, fix the fee to be paid to the land registrar in respect of each lot or parcel after the first.  R.S.O. 1990, c. R.20, s. 94 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “to the land registrar”.  See: 2012, c. 8, Sched. 51, ss. 40 (2), 55 (1).

Disputes as to fees

95. (1) Where a dispute arises in regard to any question of fees under this Act, the land registrar shall forthwith submit the dispute to the Director, and shall thereupon notify the person interested or the person’s agent of such submission, and the decision of the Director upon the question submitted is final, unless appealed from and varied upon appeal as hereinafter mentioned.  R.S.O. 1990, c. R.20, s. 95 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Disputes as to fees

(1) If a dispute arises in regard to any question of fees under this Act,

(a) the dispute shall be submitted to the Director;

(b) notice of the submission shall be sent to the person interested or the person’s agent; and

(c) the decision of the Director on the question submitted is final, unless appealed from and varied upon appeal.  2012, c. 8, Sched. 51, s. 41.

See: 2012, c. 8, Sched. 51, ss. 41, 55 (1).

Reduction of fees

(2) Where, in the opinion of the Director, a fee payable under this Act is unduly excessive, having regard to all the circumstances, the Director may reduce the fee to such amount as he or she considers appropriate.  R.S.O. 1990, c. R.20, s. 95 (2).

Appeal from Director

(3) All decisions given by the Director shall be in writing, and the appeal therefrom shall be to the Divisional Court in accordance with the rules of court.  R.S.O. 1990, c. R.20, s. 95 (3).

Record of fees, etc.

96. Upon receiving an instrument for registration or a document or plan for deposit, the land registrar shall record it and the fee charged in a manner approved by the Director.  R.S.O. 1990, c. R.20, s. 96.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 96 is repealed and the following substituted:

Record of fees, etc.

96. Upon receiving an instrument for registration or a document or plan for deposit, it and the fee charged shall be recorded in the manner approved by the Director.  2012, c. 8, Sched. 51, s. 42.

See: 2012, c. 8, Sched. 51, ss. 42, 55 (1).

Director and Director of Titles

Duties of Director

97. The Director shall,

inspection of building

(a) make as often as practicable a personal inspection of the building in which each land registry office is kept, and of the books, deeds, memorials and other instruments in each office;

records

(b) see that the indexes and records are properly kept and that any original documents are properly stored;

office hours

(c) ascertain that the office is kept open at and for the proper times, and that it is at all times duly attended by the land registrar or his or her representative;

(d) Repealed:  1998, c. 18, Sched. E, s. 254.

(e) Repealed:  2000, c. 26, Sched. B, s. 17 (13).

instruction of land registrar

(f) direct the land registrar how and in what manner to do any particular act or amend or correct whatever the Director may find amiss if the directions relate to the powers and duties of the Director;

other duties

(g) perform the other duties that the Minister prescribes.  R.S.O. 1990, c. R.20, s. 97; 1998, c. 18, Sched. E, s. 254; 2000, c. 26, Sched. B, s. 17 (12-14).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 97 is repealed and the following substituted:

Director

Duties of Director

97. The Director shall,

(a) direct how and in what manner any particular act shall be done or amendment or correction made to whatever the Director may find amiss, if the directions relate to the powers and duties of the Director; and

(b) perform the other duties that the Minister prescribes.  2012, c. 8, Sched. 51, s. 42.

See: 2012, c. 8, Sched. 51, ss. 42, 55 (1).

Duties of Director of Titles

97.1 The Director of Titles shall,

(a) see that entries and registrations are made and certified in a proper manner;

(b) ascertain whether the proper plans required by this Act have been registered, and, where necessary, enforce the provisions of this Act as to the preparation and registration of those plans, and instruct the Crown Attorney to take proceedings for that purpose;

(c) direct the land registrar how and in what manner to do any particular act or amend or correct whatever the Director of Titles may find amiss, if the directions relate to the powers and duties of the Director of Titles; and

(d) perform the other duties that the Minister prescribes.  2000, c. 26, Sched. B, s. 17 (15).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 97.1 is repealed.  See: 2012, c. 8, Sched. 51, ss. 42, 55 (1).

Application of Public Inquiries Act, 2009

98. If the Director or the Director of Titles, in the performance of duties under this Act, has occasion to make an inquiry or to determine any matter, section 33 of the Public Inquiries Act, 2009 applies to that inquiry or determination.  2009, c. 33, Sched. 6, s. 83.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 98 is amended by striking out “or the Director of Titles”.  See: 2012, c. 8, Sched. 51, ss. 43, 55 (1).

Information from land registrars

99. Every land registrar shall transmit to the Director or the Director of Titles those particulars with reference to the business of the land registrar’s office that the Director or the Director of Titles, as the case may be, requires.  2000, c. 26, Sched. B, s. 17 (16).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 99 is repealed.  See: 2012, c. 8, Sched. 51, ss. 44, 55 (1).

Orders of Director of Titles

100. (1) The Director of Titles may make orders specifying anything that subsection 49 (1), 50 (1), 56 (8), clause 57 (c) or subsection 76 (2) or section 105 or 108 requires or authorizes the Director of Titles to specify.  1998, c. 18, Sched. E, s. 255; 2000, c. 26, Sched. B, s. 17 (17); 2002, c. 18, Sched. E, s. 8 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Orders of Director

(1) The Director may make orders specifying anything that is described as specified, approved or required by the Director or described as done to the satisfaction of the Director.  2012, c. 8, Sched. 51, s. 45 (1).

See: 2012, c. 8, Sched. 51, ss. 45 (1), 55 (1).

Not regulations

(2) An order made by the Director of Titles under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 18, Sched. E, s. 255; 2000, c. 26, Sched. B, s. 17 (17); 2006, c. 21, Sched. F, s. 136 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 45 (2), 55 (1).

Penalty for Altering Books or Documents

Offences

101. (1) A person, other than the land registrar or other officer when entitled by law to do so, is guilty of an offence if the person,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out the portion before clause (a) and substituting the following:

Offences

(1) A person, other than a person authorized pursuant to this Act or otherwise entitled by law to do so, is guilty of an offence if the person,

See: 2012, c. 8, Sched. 51, ss. 46 (1), 55 (1).

(a) alters any book, record, plan, registered instrument or deposited document;

(b) by any means or in any way adds to or takes from the contents of any book, record, plan, instrument or document; or

(c) removes or attempts to remove any book, record, plan, instrument or document from the place where it is kept.  2006, c. 34, s. 22 (1).

Exception

(2) Subsection (1) does not apply to alterations to a record made by direct electronic transmission under Part III of the Land Registration Reform Act.  2006, c. 34, s. 22 (1).

Penalty

(3) A person who is convicted of an offence under this section is liable to,

(a) a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, for each book, record, plan, instrument or document that the person alters, removes or attempts to remove, if the person is an individual; and

(b) a fine of not more than $250,000 for each book, record, plan, instrument or document that the person alters, removes or attempts to remove, if the person is a corporation.  2006, c. 34, s. 22 (1).

Order for compensation or restitution

(4) If a person is convicted of an offence under this section, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or to make restitution.  2006, c. 34, s. 22 (1).

Limitation

(5) No proceeding under this section shall be commenced more than six years after the facts upon which the proceeding is based first came to the knowledge of the Director of Titles.  2006, c. 34, s. 22 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 46 (2), 55 (1).

Evidence

(6) A statement as to the time when the facts on which the proceeding is based first came to the knowledge of the Director of Titles, that purports to be certified by the Director of Titles, is, without proof of the person’s office or signature, evidence of the facts stated in it.  2006, c. 34, s. 22 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by striking out “of Titles” wherever that expression appears.  See: 2012, c. 8, Sched. 51, ss. 46 (2), 55 (1).

Powers of Minister

Minister’s orders

101.1 (1) Except with respect to matters for which the Director of Titles may make orders under section 100, the Minister may make orders,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “of Titles” in the portion before paragraph 1.  See: 2012, c. 8, Sched. 51, ss. 47 (1), 55 (1).

1. conferring on the Director or the Director of Titles the powers that are necessary for carrying out the provisions of this Act or any other Act relating to the duties of the land registrars;

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 is repealed.  See: 2012, c. 8, Sched. 51, ss. 47 (2), 55 (1).

2. specifying the manner in which land is to be divided into blocks and properties;

3. specifying the manner in which property maps and other maps are to be prepared and maintained, and specifying those other maps;

4. specifying the manner in which property identifiers are to be assigned;

5. specifying the manner in which the abstract index is to be created and maintained;

6. specifying other indexes and records and the manner in which they are to be maintained for the purpose of subsection 21 (6);

7. governing the content of alphabetical or deposit indexes and dispensing with the indexes in any registry division;

8. specifying the form and manner in which entries in the records of land registry offices are to be made;

9. specifying the manner in which instruments are to be entered for the purpose of subsection 21 (7).

10. specifying the manner in which entries are to be certified;

11. specifying methods and standards of recording by photographic film or image recording and providing for the storage of the film or the image recording;

12. specifying methods and standards for computer entry, storage and retrieval of information;

13. governing the custody, disposition and destruction of instruments and records of land registry offices;

14. specifying the manner in which instruments, documents, books, public records and facsimiles of them are to be produced for inspection;

15. specifying the manner in which copies of instruments, documents, books and public records are to be produced and certified;

16. requiring that printed copies of the abstract index relating to land in the parts of Ontario designated under Part II of the Land Registration Reform Act, be produced at specified times and specifying the times at which they are to be produced;

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 16 is repealed and the following substituted:

16. requiring that parcel registers be made available for copying at specified times and on specified days;

See: 2012, c. 8, Sched. 51, ss. 47 (3), 55 (1).

17. requiring the payment of fees upon the performance of any official function under this Act and specifying the amounts of the fees or a method for determining them;

18. specifying the manner in which fees under this Act are to be paid, authorizing land registrars to require the prepayment of classes of fees by cash deposits and specifying classes of fees for that purpose;

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 18 is amended by striking out “land registrars” and substituting “the Director”.  See: 2012, c. 8, Sched. 51, ss. 47 (4), 55 (1).

19. specifying classes of users who may pay fees under this Act by means of credit accounts rather than on the basis of prepayment or payment at the time the service is rendered;

20. requiring land registrars to assign to persons who ask to search the records of the land registry office account numbers and other identification to enable them to do so;

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 20 is amended by striking out “land registrars” and substituting “the Director”.  See: 2012, c. 8, Sched. 51, ss. 47 (5), 55 (1).

21. specifying the method in which fees and other receipts of a land registry office shall be collected, kept and accounted for;

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 21 is repealed.  See: 2012, c. 8, Sched. 51, ss. 47 (6), 55 (1).

22. specifying the terms or conditions on which documents, instruments, books or public records are made available under this Act.  1998, c. 18, Sched. E, s. 256; 2000, c. 26, Sched. B, s. 17 (18, 19); 2010, c. 1, Sched. 6, s. 11.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 18, Sched. E, s. 256; 2006, c. 21, Sched. F, s. 136 (1).

Regulations

Regulations

102. (1) The Minister may make regulations,

1. prescribing anything that by this Act is required to be prescribed by the regulations, other than forms and provisions for their use;

2. prescribing the minimum and maximum dimensions of instruments tendered for registration;

3. respecting the quality of writing and material used in instruments tendered for registration and in copies required by this Act;

4. requiring, in connection with an instrument presented for registration, proof of compliance with any law that if not complied with might detrimentally affect the title or interest of a person claiming title or an interest under the instrument, and governing the form and manner of presentation of that proof;

5. prescribing classes of instruments for the purpose of clause 25 (3) (f);

6. designating instruments or documents or classes of them to which clause 50 (1) (c) does not apply;

7. governing surveys, plans and descriptions of land and procedures related to them for the purposes of the Boundaries Act, the Condominium Act, 1998, the Land Titles Act and this Act and specifying the powers and duties of the examiner of surveys;

8. designating certification areas for the purpose of subsection 78 (10);

9. prescribing the manner in which sketches referred to in subsection 81 (2) are to be prepared;

10. governing the correction of errors, defects and omissions in registered and deposited plans;

10.1 governing the correction of errors in certificates of title;

11. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, other than a matter mentioned in subsection (2) or section 13, 100 or 101.1.  1998, c. 18, Sched. E, s. 257 (1); 2009, c. 33, Sched. 17, s. 12 (10, 11).

Regulations of Director of Titles

(2) The Director of Titles may make regulations prescribing forms and providing for their use.  1998, c. 18, Sched. E, s. 257 (1); 2000, c. 26, Sched. B, s. 17 (20).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 48, 55 (1).

Note:  Despite the re-enactment of section 102, regulations made under paragraph 3, 5, 10, 11, 12, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or 31 of subsection 102 (1), as those paragraphs read immediately before December 18, 1998, continue until,

(a) the Director makes an order under section 100 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 255, that is inconsistent with those regulations;

  (a.1) the Director of Titles makes an order under section 100 of the Act, as amended by paragraph 1 of subsection 17 (17) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations; or

(b) the Minister makes an order under section 101.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 256, that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 257 (2); 2000, c. 26, Sched. B, s. 17 (21).

Note:  Despite the re-enactment of section 102, the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 3, 5, 10, 11, 12, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or 31 of subsection 102 (1), as those paragraphs read immediately before December 18, 1998, if,

(a) the Director makes an order under section 100 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 255, that is inconsistent with those regulations;

  (a.1) the Director of Titles makes an order under section 100 of the Act, as amended by paragraph 1 of subsection 17 (17) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations; or

(b) the Minister makes an order under section 101.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 256, that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 257 (3); 2000, c. 26, Sched. B, s. 17 (22).

Note:  Despite the re-enactment of section 102, the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 4, 6, 7, 8, 9, 13, 15, 16, 30, 32 or 34 of subsection 102 (1), as those paragraphs read immediately before December 18, 1998, if,

(a) the Minister makes a regulation under subsection 102 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 257 (1), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 102 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 257 (1), that is inconsistent with those regulations; or

(c) the Director of Titles makes a regulation under subsection 102 (2) of the Act, as amended by paragraph 1 of subsection 17 (20) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 257 (4); 2000, c. 26, Sched. B, s. 17 (23).

Scope of regulations and orders

102.1 The application of any provision of an order made by the Director of Titles under section 100, an order made by the Minister under section 101.1, or a regulation made under section 102 may be limited to one or more registry divisions or one or more part or parts of a registry division or divisions.  1998, c. 18, Sched. E, s. 257 (1); 2000, c. 26, Sched. B, s. 17 (20).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 102.1 is amended by striking out “of Titles”.  See: 2012, c. 8, Sched. 51, ss. 48, 55 (1).

Integration of land titles and registry records and procedures

103. (1) Despite any provision of this Act or of the Land Titles Act, the Minister may make regulations for standardizing the procedures in the land titles system and the registry system and for integrating the records of those systems in land registry offices where both systems are operated, and may limit the application of any provision of the regulations to one or more registry or land titles divisions.  R.S.O. 1990, c. R.20, s. 103 (1); 1998, c. 18, Sched. E, s. 258 (1).

Note:  The Lieutenant Governor in Council may by regulation revoke regulations made under subsection (1), as it read before December 18, 1998, if the Minister makes a regulation under subsection (1), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 258 (1), that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 258 (2).

(2) Repealed:  1998, c. 18, Sched. E, s. 258 (3).

Note:  Despite the repeal of subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection (2), as it read immediately before December 18, 1998, if the Minister makes a regulation under paragraph 7 of subsection 102 (1), as re-enacted by the Statutes of Ontario 1998, chapter 18, Schedule E, subsection 257 (1), that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 258 (4).

104. Repealed:  1998, c. 18, Sched. E, s. 259 (1).

Note:  Despite the repeal of section 104, regulations made under section 104, as it read immediately before December 18, 1998, continue until the Director makes an order under section 13, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 212, that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 259 (2).

Note:  Despite the repeal of section 104, the Director may by regulation revoke regulations made under section 104, as it read immediately before December 18, 1998, if the Director makes an order under section 13, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 212, that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 259 (3).

PART II
DEPOSITS

Definition

105. In this Part,

“document” includes,

(a) a plan of survey,

(b) any certificate, affidavit, statutory declaration or other proof as to the birth, baptism, marriage, divorce, death, burial, descendants or pedigree of any person, or as to the existence or non-existence, happening or non-happening of any fact, event or occurrence upon which the title to land may depend,

(c) a notice of sale, or other notice necessary to the exercise of any power of sale or appointment or other power relating to land,

(d) a receipt for payment of money under a registered instrument, and

(e) a notarial copy of a certificate, affidavit, statutory declaration, proof, notice or receipt described in this section that the Director specifies.  1998, c. 18, Sched. E, s. 260.

Deposit of document

106. (1) A document may be deposited in the office of the land registrar of any registry division in which any land to which it relates is situate.  R.S.O. 1990, c. R.20, s. 106 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Deposit of document

(1) A document may be deposited and shall be recorded in the manner specified by the Director in any registry division in which any land to which it relates is situate.  2012, c. 8, Sched. 51, s. 49.

See: 2012, c. 8, Sched. 51, ss. 49, 55 (1).

Effect of deposit

(2) The deposit of a document under this Part shall not be deemed a registration thereof and the admissibility or value of any document as evidence shall not be affected by the deposit.  R.S.O. 1990, c. R.20, s. 106 (2).

Requisition on deposit

107. On every deposit, the person making the deposit shall deliver to the land registrar a requisition in the prescribed form containing a description of the land to which the deposit relates that complies with section 25.  1998, c. 18, Sched. E, s. 261.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 107 is amended by striking out “to the land registrar”.  See: 2012, c. 8, Sched. 51, ss. 50, 55 (1).

Record of deposit

108. (1) Upon receiving a requisition under section 107 and the documents mentioned in it, the land registrar shall cause words indicating that the documents have been deposited and the date and deposit number to be endorsed on the requisition.  R.S.O. 1990, c. R.20, s. 108 (1); 1993, c. 27, Sched.; 2004, c. 19, s. 19.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Record of deposit

(1) When a requisition under section 107 and the documents mentioned in it are received for deposit,

(a) the requisition shall be endorsed with words indicating that the documents have been deposited and with the date and number of the deposit; and

(b) a certificate of deposit in the prescribed form shall be endorsed on the requisition and every duplicate of it.  2012, c. 8, Sched. 51, s. 51 (1).

See: 2012, c. 8, Sched. 51, ss. 51 (1), 55 (1).

Certificate of deposit

(2) Upon receiving a requisition under subsection 107 (3), the land registrar shall cause a certificate of deposit in the prescribed form to be endorsed on the requisition and every duplicate of it.  R.S.O. 1990, c. R.20, s. 108 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed.  See: 2012, c. 8, Sched. 51, ss. 51 (1), 55 (1).

Idem

(3) Deposits shall be numbered consecutively in order of time of receipt, in accordance with subsections 49 (1) and (5), as though they were instruments or a separate class of instruments.  R.S.O. 1990, c. R.20, s. 108 (3).

Entry in abstract index

(4) The land registrar shall enter in the abstract index against each lot, parcel or property mentioned in the requisition a reference to the deposit number and, where the requisition refers to only a part of a lot, the entry in the abstract index shall include a reference to the part of the lot.  R.S.O. 1990, c. R.20, s. 108 (4); 1993, c. 27, Sched.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Entry in abstract index

(4) A reference to the deposit number shall be entered in the abstract index against each lot, parcel or property mentioned in the requisition and, if the requisition refers to only a part of a lot, the entry in the abstract index shall include a reference to the part of the lot to which it relates.  2012, c. 8, Sched. 51, s. 51 (2).

See: 2012, c. 8, Sched. 51, ss. 51 (2), 55 (1).

Custody of deposits

(5) The provisions of Part I applying to property in or custody of instruments apply to documents deposited under this Part or under The Custody of Documents Act, being chapter 85 of the Revised Statutes of Ontario, 1960, or any predecessor thereof.  R.S.O. 1990, c. R.20, s. 108 (5).

Application of other provisions

109. (1) Sections 15 and 17 and clause 50 (1) (b) apply to every document deposited under this Part.  R.S.O. 1990, c. R.20, s. 109 (1).

Refusal to deposit or record

(2) The land registrar may,

(a) refuse to accept for deposit a document,

(i) that is wholly or partly illegible or unsuitable for microfilming, or

(ii) that contains or has attached to it material that does not, in the land registrar’s opinion, relate to an interest in land; and

(b) refrain from recording a part of a deposited document if the part does not, in the land registrar’s opinion, relate to an interest in land.  R.S.O. 1990, c. R.20, s. 109 (2); 1998, c. 18, Sched. E, s. 263.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Refusal to deposit or record

(2) Section 23 applies with respect to every document presented for deposit.  2012, c. 8, Sched. 51, s. 52.

See: 2012, c. 8, Sched. 51, ss. 52, 55 (1).

Where ss. 107 and 108 do not apply

(3) In respect of a reference plan referred to in section 80 or 81 or in the regulations, the procedures prescribed by the regulations apply in lieu of the requirements set out in sections 107 and 108.  R.S.O. 1990, c. R.20, s. 109 (3).

Deposit relieves from liability

110. (1) The deposit of a document under this Part shall be deemed a sufficient compliance with, and fulfilment of, any covenant or agreement entered into by any person to produce or allow the inspection of, or the making of, any copy of or extract from the document, and absolves any person liable for the production or custody thereof from any further liability in respect of such custody or production.  R.S.O. 1990, c. R.20, s. 110 (1).

Expenses of executors, etc.

(2) An executor, administrator, estate trustee or trustee may reimburse himself, herself or itself out of the estate for any expense that is incurred in or about depositing any document that came into his, her or its possession or control as such executor, administrator or trustee.  R.S.O. 1990, c. R.20, s. 110 (2); 1998, c. 18, Sched. E, s. 264.

PART III
INVESTIGATION OF TITLES

Definitions and interpretation

111. (1) In this Part,

“claim” means a right, title, interest, claim, or demand of any kind or nature whatsoever affecting land set forth in, based upon or arising out of a registered instrument, and, without limiting the generality of the foregoing, includes a mortgage, lien, easement, agreement, contract, option, charge, annuity, lease, dower right, and restriction as to the use of land or other encumbrance affecting land; (“réclamation”)

“notice of claim” means a notice of claim that is registered under subsection 113 (2) and that is in the prescribed form and includes a notice registered under a predecessor of this Part or under The Investigation of Titles Act, being chapter 193 of the Revised Statutes of Ontario, 1960, or a predecessor of it; (“avis de réclamation”)

“notice period” means the period ending on the day 40 years after the later of,

(a) the day of the registration of an instrument that first creates a claim, or

(b) the day of the registration of a notice of claim for a claim; (“délai d’avis”)

“owner” means a person, other than a lessee or a mortgagee, entitled to a freehold or other estate or interest in land at law or in equity, in possession, in futurity or in expectancy; (“propriétaire”)

“title search period” means the period of forty years described in subsection 112 (1); (“délai de recherche”)

“year” means a period of 365 consecutive days or, if the period includes February 29, 366 consecutive days. (“année”)  R.S.O. 1990, c. R.20, s. 111 (1); 2006, c. 34, s. 22 (2, 3).

Claims under unregistered instruments

(2) A claim referred to in clause 113 (5) (a) or (b) is not confined to a claim under a registered instrument.  R.S.O. 1990, c. R.20, s. 111 (2).

Title search period

112. (1) A person dealing with land shall not be required to show that the person is lawfully entitled to the land as owner thereof through a good and sufficient chain of title during a period greater than the forty years immediately preceding the day of such dealing, except in respect of a claim referred to in subsection 113 (5).  R.S.O. 1990, c. R.20, s. 112 (1).

Deemed commencement of chain of title

(2) Where there has been no conveyance, other than a mortgage, of the freehold estate registered within the title search period, the chain of title commences with the conveyance of the freehold estate, other than a mortgage, most recently registered before the commencement of the title search period.  R.S.O. 1990, c. R.20, s. 112 (2).

Instruments registered prior to title search period not effective

(3) A chain of title does not depend upon and is not affected by any instrument registered before the commencement of the title search period except,

(a) an instrument that, under subsection (2), commences the chain of title;

(b) an instrument in respect of a claim for which a valid and subsisting notice of claim was registered during the title search period; and

(c) an instrument in relation to any claim referred to in subsection 113 (5).  R.S.O. 1990, c. R.20, s. 112 (3).

Expiry of claims

113. (1) A claim that is still in existence on the last day of the notice period expires at the end of that day unless a notice of claim has been registered.  R.S.O. 1990, c. R.20, s. 113 (1).

Notice of claim

(2) A person having a claim or a person acting on that person’s behalf, may register a notice of claim with respect to the land affected by the claim,

(a) at any time within the notice period for the claim; or

(b) at any time after the expiration of the notice period but before the registration of any conflicting claim of a purchaser in good faith for valuable consideration of the land.  2006, c. 34, s. 22 (4).

Renewal

(3) A notice of claim may be renewed from time to time by the registration of a notice of claim in accordance with subsection (2).  R.S.O. 1990, c. R.20, s. 113 (3).

Effect of notice of claim

(4) Subject to subsection (7), when a notice of claim has been registered, the claim affects the land for the notice period of the notice of claim.  R.S.O. 1990, c. R.20, s. 113 (4).

Exceptions

(5) This Part does not apply to,

(a) a claim,

(i) of the Crown reserved by letters patent,

(ii) of the Crown in unpatented land or in land for which letters patent have been issued, but which has reverted to the Crown by forfeiture or cancellation of letters patent, or in land that has otherwise reverted to the Crown,

(iii) of the Crown or a municipality in a public highway or lane,

(iv) of a person to an unregistered right of way, easement or other right that the person is openly enjoying and using;

(b) a claim arising under any Act; or

(c) a claim of a corporation authorized to construct or operate a railway, including a street railway or incline railway, in respect of lands acquired by the corporation after the 1st day of July, 1930, and,

(i) owned or used for the purposes of a right of way for railway lines, or

(ii) abutting such right of way.  R.S.O. 1990, c. R.20, s. 113 (5); 2006, c. 34, s. 22 (5).

Freehold estates

(6) Subsection (1) does not apply to a claim to a freehold estate in land or an equity of redemption in land by a person continuously shown by the abstract index for the land as being so entitled for more than forty years as long as the person is so shown.  R.S.O. 1990, c. R.20, s. 113 (6).

Claims not validated

(7) The registration of a notice of claim does not validate or extend a claim that is invalid or that has expired other than as a result of subsection (1).  R.S.O. 1990, c. R.20, s. 113 (7).

Public utility easements

114. (1) In this section,

“Ministry of Government Services” means Her Majesty the Queen in right of Ontario as represented by the Minister of Government Services; (“ministère des Services gouvernementaux”)

“municipality” includes a local board within the meaning of the Municipal Affairs Act; (“municipalité”)

“public utility easement” means an easement in respect of a water works or water supply system, sewage works, steam or hot water distribution system, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system, or a transportation system. (“servitude d’un service public”)  R.S.O. 1990, c. R.20, s. 114 (1); 2002, c. 17, Sched. F, Table.

Continuation of public utility easements

(2) Despite sections 112 and 113, a public utility easement of a municipality or an easement of the Ministry of Government Services that existed on the 31st day of July, 1981 continues until the 31st day of December, 1999.  R.S.O. 1990, c. R.20, s. 114 (2).

OBCA corporation

(2.1) For the purposes of subsection (2), a public utility easement of a municipality includes a public utility easement transferred by a municipality under a transfer by-law to a corporation established under the Business Corporations Act pursuant to section 142 of the Electricity Act, 1998.  1998, c. 15, Sched. E, s. 43.

Eligibility for compensation

(3) If, except for subsection (2), an easement would not affect land, a person who has an interest in the land acquired on or after the 1st day of August, 1981 and before the 21st day of June, 1990 is entitled to compensation for the easement.  R.S.O. 1990, c. R.20, s. 114 (3).

Idem

(4) Subsection (3) does not apply to a person if the easement is specifically referred to in,

(a) the instrument by which the person acquired the interest; or

(b) a registered instrument executed by the person before the 21st day of June, 1990.  R.S.O. 1990, c. R.20, s. 114 (4).

Time of calculation

(5) Compensation shall be calculated as though the easement had been expropriated on the earlier of,

(a) the day the person who has an interest in the land gives the municipality or the Ministry of Government Services notice that the person claims compensation under this section; or

(b) the day the municipality or the Ministry of Government Services gives the person who has an interest in the land notice of its easement.  R.S.O. 1990, c. R.20, s. 114 (5).

Calculation of compensation

(6) The Expropriations Act applies with necessary modifications to claims for compensation.  R.S.O. 1990, c. R.20, s. 114 (6).

Abandonment of easement

(7) A municipality or the Ministry of Government Services is relieved from paying compensation for an easement if it,

(a) removes anything placed under the authority of the easement;

(b) restores the land to the condition it was in immediately before any removal; and

(c) abandons the easement.  R.S.O. 1990, c. R.20, s. 114 (7).

Notices of claim

(8) A notice of claim in respect of a public utility easement of a municipality or an easement of the Ministry of Government Services registered before the 31st day of December, 1999 is as effective as if it had been registered on the 31st day of July, 1981.  R.S.O. 1990, c. R.20, s. 114 (8).

Conflict

115. (1) Where there is a conflict between any provision of this Part and any provision of Part I or Part II of this Act or of any provision of any other Act or any rule of law, the provision of this Part prevails.  R.S.O. 1990, c. R.20, s. 115 (1).

Application

(2) This Part applies to every claim and notice of claim, whether registered before or after the 1st day of August, 1981.  R.S.O. 1990, c. R.20, s. 115 (2).

PART IV
COMPENSATION

Entitlement to compensation

116. (1) A person wrongfully deprived of land registered under this Act by reason of,

(a) the deletion of an entry under section 56 or 67; or

(b) any error or omission in recording a registered instrument,

is entitled to compensation out of The Land Titles Assurance Fund formed under section 54 of the Land Titles Act.  R.S.O. 1990, c. R.20, s. 116 (1).

Qualifications

(2) A person is not entitled to any compensation out of The Land Titles Assurance Fund in respect of land registered under this Act unless,

(a) the person has been wrongfully deprived of land for a reason set out in subsection (1);

(b) the person is unable to recover what is just by way of compensation or damages from any person whose act caused the loss or who was privy to any such act; and

(c) the claim for compensation is made within six years from the time the person discovered or ought reasonably to have discovered the deletion, error or omission.  R.S.O. 1990, c. R.20, s. 116 (2).

Persons under disabilities

(3) Despite clause (2) (c), a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, may make a claim for compensation under this Part at any time within six years from the day on which the minority or incapacity ceased but not more than twenty years after the deletion, error or omission occurred.  R.S.O. 1990, c. R.20, s. 116 (3); 2009, c. 33, Sched. 2, s. 64 (2).

Reliance on automated index

(4) A person who suffers damage because of an error in recording an instrument affecting land designated under Part II of the Land Registration Reform Act in the abstract index is entitled to compensation from The Land Titles Assurance Fund, and clauses (2) (a) and (b) do not apply to the person’s right to compensation.  R.S.O. 1990, c. R.20, s. 116 (4).

Application of Land Titles Act

(5) Section 26, subsections 57 (6) to (13), (17) and (18), section 58 and subsection 162 (3) of the Land Titles Act apply with necessary modifications to claims for compensation under this Part.  R.S.O. 1990, c. R.20, s. 116 (5); 2009, c. 33, Sched. 17, s. 12 (12).

Certificates of title

116.1 (1) If, as a result of the registration of a certificate of title under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force, a person is wrongfully deprived of an interest in land, the person is entitled to recover what is just by way of compensation out of The Land Titles Assurance Fund, so far as it is sufficient for that purpose having reference to other charges on the land, if the application is made,

(a) within six years from the time of having been so deprived; or

(b) in the case of a person who is a minor or otherwise incapable of making an application as a result of his or her incapacity to manage property as defined in the Substitute Decisions Act, 1992, whether or not a guardian has been appointed, within six years from the date at which the incapacity ceased.  2009, c. 33, Sched. 17, s. 12 (13).

Exception

(2) A person is not entitled to compensation from The Land Titles Assurance Fund in respect of an interest in land existing before the effective date of the certificate of title unless that interest is registered under this Act against the title to the land or notice of it was given to the Director of Titles before the certificate was registered.  2009, c. 33, Sched. 17, s. 12 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “Director of Titles” and substituting “Director”.  See: 2012, c. 8, Sched. 51, ss. 53, 55 (1).

Applications for compensation

(3) Section 26, subsections 57 (6) to (13), (17) and (18), section 58 and subsection 162 (3) of the Land Titles Act apply with necessary modifications to claims for compensation under this section.  2009, c. 33, Sched. 17, s. 12 (13).

Errors in certificates of title

116.2 (1) Upon becoming aware of a possible error in a certificate of title, the Director of Titles may give notice of the possible error by registering a notice in the form approved by the Director of Titles.  2009, c. 33, Sched. 17, s. 12 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”.  See: 2012, c. 8, Sched. 51, ss. 53, 55 (1).

Contents of notice

(2) The notice shall give notice of the possible error to all persons until the Director of Titles deletes it from the abstract index.  2009, c. 33, Sched. 17, s. 12 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “Director of Titles” and substituting “Director”.  See: 2012, c. 8, Sched. 51, ss. 53, 55 (1).

Amendment of certificates

(3) Subject to the regulations, the Director of Titles, of his or her own initiative or on the application of any interested person, may, before receiving any conflicting instruments or after notifying all persons interested, correct errors and omissions in any certificate of title by issuing an amendment to the certificate of title if the Director of Titles receives the evidence that he or she considers sufficient.  2009, c. 33, Sched. 17, s. 12 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”.  See: 2012, c. 8, Sched. 51, ss. 53, 55 (1).

Extent of amendment

(4) In correcting a certificate of title, the Director of Titles shall correct it in the manner that the Director of Titles considers will do the least possible injury to any person affected by the correction.  2009, c. 33, Sched. 17, s. 12 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”.  See: 2012, c. 8, Sched. 51, ss. 53, 55 (1).

Copies of decision

(5) If the Director of Titles decides to make a correction under subsection (3) on the application of an interested person or after notifying the interested persons, the Director of Titles shall mail or deliver a copy of the decision to the applicant and the persons who received the notice.  2009, c. 33, Sched. 17, s. 12 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”.  See: 2012, c. 8, Sched. 51, ss. 53, 55 (1).

Registration of amendment

(6) The Director of Titles shall register an amendment to a certificate of title in the land registry office for the registry division in which the land affected by the certificate is situated.  2009, c. 33, Sched. 17, s. 12 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by striking out “Director of Titles” and substituting “Director”.  See: 2012, c. 8, Sched. 51, ss. 53, 55 (1).

Effect of registration

(7) Upon registration under subsection (6), an amendment to a certificate of title takes effect in accordance with the terms set out in the amendment and is conclusive that every notice, publication, proceeding and act that ought to have been made, given or done has been made, given or done in accordance with this Act.  2009, c. 33, Sched. 17, s. 12 (13).

Claim against fund

(8) A person injuriously affected by an amendment to a certificate of title is entitled to recover what is just by way of compensation out of The Land Titles Assurance Fund as if the person were one wrongfully deprived of an interest in land as a result of the registration of a certificate of title under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force.  2009, c. 33, Sched. 17, s. 12 (13).

Interests of innocent persons

117. If, while a deletion or omission of any entry relating to any mortgage or other instrument securing the payment of money is subsisting, an innocent person has acquired an estate, right or interest in the land mentioned in the mortgage or other instrument, and the estate, right or interest of the innocent person is set forth in, is based upon or arises out of an instrument registered before the deletion or omission is corrected,

(a) the estate, right or interest of the innocent person in the land is not affected by any claim under the mortgage or other instrument; and

(b) the person whose interest under the mortgage or other instrument is extinguished under clause (a) is entitled to compensation under this Part.  R.S.O. 1990, c. R.20, s. 117.

Protection from personal liability

118. (1) No action or other proceeding for damages shall be instituted against any officer or employee of the Ministry of Consumer and Business Services or anyone acting under his or her authority for any act done in good faith in the execution or intended execution of his or her duty under this Act, or for any alleged neglect or default in the execution in good faith of his or her duty under this Act.  R.S.O. 1990, c. R.20, s. 118 (1); 2001, c. 9, Sched. D, s. 13.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “the Ministry of Consumer and Business Services or anyone acting under his or her authority” and substituting “the Ministry of the Minister or anyone acting under the Minister’s authority”.  See: 2012, c. 8, Sched. 51, ss. 54, 55 (1).

Crown liability

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  R.S.O. 1990, c. R.20, s. 118 (2).

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