Making a claim for forfeited corporate property

Apply to claim property that’s forfeited to Ontario as a result of a corporate dissolution. This application is also referred to as an “application for relief from forfeiture.”

Vesting orders are not an available remedy from forfeiture, as per Sec. 34.1(a) of the Forfeited Corporate Property Act, 2015.

After dissolution

When a corporation is dissolved, all property it owns (for example, warehouses, homes, factories, land, etc.) becomes the property of Ontario. These properties are called forfeited corporate properties.

The Forfeited Corporate Property Unit is not responsible for dissolving corporations. For corporate dissolutions, please contact ServiceOntario at 416-314-8880 or 1-800-361-3223.

Apply for a relief from forfeiture

In your application, you must prove your moral or legal claim to the property existed prior to the corporation’s dissolution.

You must also complete a title search to find out who is on the title of the property. If the property has already been turned over for public use or has already been transferred by the ministry, you cannot apply.

After the Realty Management Branch has reviewed the completed application and all the supporting documents, the Minister of Infrastructure will decide to either restore or transfer the property to you or deny the claim.

Apply to make a claim to a forfeited property

The Relief from Forfeiture Application must include the following documentation: 

  • The Relief from Forfeiture Application Form
  • Statutory declaration made before a Commissioner of Oaths, which must include a description of your legal and moral claim to the property
  • All relevant supporting documents as listed below:
    • Corporation Profile Report for the dissolved corporation from ServiceOntario
    • Bankruptcy and insolvency search statement for the dissolved corporation from the Office of the Superintendent of Bankruptcy Canada
    • Copy of the parcel register
    • Copy of a Treasurer's Certificate for property taxes from the municipality
    • Writ of Execution search against the dissolved corporation
  • The application fee of $1,529.00 plus HST (total of $1,727.77). You must pay by cheque or money order to the Minister of Finance by mailing it to the address below. The fee is non-refundable. The fee is subject to yearly increase on January 1 of the following year.
  • Mail or email the application and supporting documents to:

Courier packages are not accepted at 777 Bay Street. Registered mail will be delivered if no signature is required.

Submitting an application and paying the fee does not guarantee your application will be approved.

Read the law

See the full text of the law:

Vesting orders are not an available remedy from forfeiture, as per Sec. 34.1(a) of the Forfeited Corporate Property Act, 2015.

After you make a claim

You will receive a confirmation letter within 10 business days of receiving the application. You will be contacted if more information is needed. Your completed application will be reviewed and if the minister grants your claim, Ontario will take the necessary steps to transfer the property. The entire process takes approximately five months.

Offer to purchase

You can make an offer to purchase a forfeited corporate property if you are not or were not connected to the dissolved corporation.

To prepare and submit your offer, you will need these documents:

  • a cover letter outlining your intent to purchase the property
  • an offer of value (fair market value) for the property
  • evidence supporting fair market value in a format appropriate to the nature of the property (for example, a valuation or professional appraisal)
  • Corporation Profile Report for the dissolved corporation from ServiceOntario
  • a bankruptcy and insolvency search statement for the dissolved corporation from the Office of the Superintendent of Bankruptcy Canada
  • a copy of the parcel register
  • a copy of a Treasurer's Certificate for property taxes from the municipality that the property is in
  • Writ of Execution search against the dissolved corporation

Mail or email the documents to:

Ministry of Infrastructure
Realty Management Branch
Manager, Forfeited Corporate Property
777 Bay Street, 2nd floor, Suite 230 
Toronto, Ontario
M7A 2J3

Courier packages are not accepted at 777 Bay Street. Registered mail will be delivered if no signature is required.

Request a Discharge Letter in accordance with the Land Titles Act

If a property you own has an instrument on title which was issued by a dissolved corporation, you will need a letter from the ministry in order to apply to the Land Registrar for removal of the mortgage from the title under Section 102 of the Land Titles Act.

The letter confirms that the ministry does not intend to claim any ownership on the property and will need to be submitted to the Land Registrar to begin the transfer process.

You may also consider applying to a court to obtain an instrument discharge instead of applying for a Section 102 application.

Note: The Ministry of Infrastructure cannot provide a letter if the subject corporation was bankrupt or was federally incorporated. Please make sure the corporation was not bankrupt or federally incorporated before submitting the application package.

For companies that are bankrupt or federally incorporated, you can discuss with the Land Registry Office.

Request a letter

A complete application requires the following documentation:

  1. Corporation Profile Report for the dissolved corporation from ServiceOntario
  2. Bankruptcy and insolvency search statement for the dissolved corporation from the Office of the Superintendent of Bankruptcy Canada.
  3. Copy of the parcel register showing the registered instrument.
  4. Copy of the instrument.
  5. Statutory declaration by the applicant made before a Commissioner of Oaths, which must include:
    • legal description of the property
    • municipal address of the property
    • name and address of the borrower
    • guarantor contact information
    • principal amount of the mortgage
    • amount advanced
    • term of the mortgage
    • due date
    • amortization period
    • interest rate(s)
    • the particulars of the amounts and due dates of payments of principal and interest
    • the details of any renewals and any changes and assignment
    • whether the transaction was at arm’s length
    • a schedule indicating the dates on which payments were made
    • amounts paid with supporting evidence (for example, copies of bank statements showing mortgage payments to dissolved corporation)
    • any other relevant information

The Ministry of Infrastructure may require additional information to be provided.

Mail or email the application and supporting documents to:

Ministry of Infrastructure
Realty Management Branch
Manager, Forfeited Corporate Property
777 Bay Street, 2nd floor, Suite 230 
Toronto, Ontario
M7A 2J3

 forfeitedcorporateproperty@ontario.ca

Courier packages are not accepted at 777 Bay Street. Registered mail will be delivered if no signature is required.

After you apply for a letter

We will respond to your request for a discharge within 30 business days after we receive all the required information. Discharge letters will be sent electronically by email unless otherwise requested.

Once you receive the ministry’s letter, you must submit an application under Section 102 through OnLand, including the letter and the package for preapproval, for the mortgage to be removed from title.

Read the law

See the full text of the law:

Address for service

Pursuant to Section 22 (4) of the Forfeited Corporate Property Act, 2015, all notices of a proceeding relating to forfeited corporate property served on the Crown is to be served to the address below:

Ministry of Infrastructure
Realty Management Branch
Manager, Forfeited Corporate Property
777 Bay Street, 2nd floor, Suite 230 
Toronto, Ontario
M7A 2J3

Courier packages are not accepted at 777 Bay Street. Registered mail will be delivered if no signature is required.

Notices about forfeited corporate properties

About forfeited corporate properties

When a corporation — incorporated in Ontario — is dissolved, all property it owns becomes the property of Ontario. This can include warehouses, homes, factories and land.

These properties are called forfeited corporate properties.

Under the Forfeited Corporate Property Act, the government must post a notice about its intention to use or dispose of these properties.

Notices

No s.25 of the FCPA notices at this time.

Minister’s Orders for forfeited corporate properties

Under s. 11 of the Forfeited Corporate Property Act, the government must publicly post any Minister’s Orders that cancel interests, such as ownership interests, that were created in properties after they had already become forfeited corporate properties.

Under s. 18 of the Forfeited Corporate Property Act, the government must also publicly post any Minister’s Orders that cancels encumbrances, such as mortgages, that were created and enforceable in properties before they became forfeited corporate properties. 

Minister’s Orders

File# 2019-024

WHEREAS by Order in Council No. 1198/2022, approved and ordered on August 29, 2022, the responsibility for the Forfeited Corporate Property Act, 2015 and certain responsibilities in respect of Government property under the Ministry of Infrastructure Act, 2011 were assigned to the Minister of Infrastructure (the “Minister”);

WHEREAS pursuant to Subsection 11(4) of the Forfeited Corporate Property Act, 2015, the Minister may make an order cancelling any interest that is purported to be created in forfeited corporate property after the property becomes forfeited corporate property;

WHEREAS pursuant to Subsection 11(5) of the Forfeited Corporate Property Act, 2015, an order cancelling an interest may include direction to delete the charge Instrument No. LTD12643 in favour of Community Trust Company Ltd. registered on title on September 16, 1998.

WHEREAS pursuant to section 241 of the Business Corporations Act the property described in Schedule “A” has forfeited to the Crown in right of Ontario upon the dissolution of Mutual Auto Wreckers Limited;

AND WHEREAS Instrument No. LTD12643 was purported to be created in the property described in Schedule “A” after the property became forfeited corporate property;

THEREFORE, pursuant to the delegation to me of the powers under section 11 of the Forfeited Corporate Property Act, 2015;

IT IS HEREBY ORDERED that Instrument No. LTD12643 in the property described in Schedule “A” be cancelled;

AND IT IS HEREBY ORDERED that the Land Registrar, Land Registry Office for the Land Titles Division 7 of Dufferin delete from title the instrument registered as Instrument No. LTD12643, registered on September 16, 1998, for the land described in Schedule “A”.

Original Signed in Toronto on December 11, 2023, by Bruce Singbush, Assistant Deputy Minister, Realty Division, Ministry of Infrastructure

Schedule “A”:

Project Number: FCP 2019-024
Municipality: Mono
Municipal Address: N/A
Property Identification Number: PIN 34101-0077 LT
Property Description: PT LT 22, CON 3 WHS AS IN MF32574 ; MONO ; SUBJECT TO EXECUTION 94-0108, IF ENFORCEABLE.;

File# 2019-024

WHEREAS by Order in Council No. 1198/2022, approved and ordered on August 29, 2022, the responsibility for the Forfeited Corporate Property Act, 2015 and certain responsibilities in respect of Government property under the Ministry of Infrastructure Act, 2011 were assigned to the Minister of Infrastructure (the “Minister”);

WHEREAS pursuant to Subsection 11(4) of the Forfeited Corporate Property Act, 2015, the Minister may make an order cancelling any interest that is purported to be created in forfeited corporate property after the property becomes forfeited corporate property;

WHEREAS pursuant to Subsection 11(5) of the Forfeited Corporate Property Act, 2015, an order cancelling an interest may include direction to delete the charge Instrument No. MF212852 in favour of Grace Jane McGuire registered on title on July 19, 1994.

WHEREAS pursuant to section 241 of the Business Corporations Act the property described in Schedule “A” has forfeited to the Crown in right of Ontario upon the dissolution of Mutual Auto Wreckers Limited;

AND WHEREAS Instrument No. MF212852 was purported to be created in the property described in Schedule “A” after the property became forfeited corporate property;

THEREFORE, pursuant to the delegation to me of the powers under section 11 of the Forfeited Corporate Property Act, 2015;

IT IS HEREBY ORDERED that Instrument No. MF212852 in the property described in Schedule “A” be cancelled;

AND IT IS HEREBY ORDERED that the Land Registrar, Land Registry Office for the Land Titles Division 7 of Dufferin delete from title the instrument registered as Instrument No. MF212852, registered on July 19, 1994, for the land described in Schedule “A”.

Original Signed in Toronto on December 8, 2023, by Bruce Singbush, Assistant Deputy Minister, Realty Division, Ministry of Infrastructure

Schedule “A”:

Project Number: FCP 2019-024
Municipality: Mono
Municipal Address: N/A
Property Identification Number: PIN 34101-0077 LT
Property Description: PT LT 22, CON 3 WHS AS IN MF32574 ; MONO ; SUBJECT TO EXECUTION 94-0108, IF ENFORCEABLE.;