5 (1) The following information respecting a conveyance shall be provided to the Minister in the form and manner required by subsection (1.1) or (1.2): 1. The true value of the consideration for the conveyance. 2. The true amount in cash and the value of any property or security included in the value of the consideration. 3. The amount or value of any lien or encumbrance subject to which the conveyance is made. 4. Where the value of the conveyance exceeds $400,000, whether the land being conveyed contains at least one and not more than two single family residences. 5. Such other information as may be required by the Minister for the purposes of administering or enforcing this or any other Act.  2004, c. 31, Sched. 21, s. 7 (1). Same, statement (1.1) If the conveyance is tendered for registration as an electronic document, the information shall be provided as a statement in the form and manner approved by the Minister and the statement shall be included as part of the electronic document.  2004, c. 31, Sched. 21, s. 7 (1). Same, affidavit (1.2) If the conveyance is tendered for registration otherwise than as an electronic document, the information shall be provided as an affidavit in the form approved by the Minister and the affidavit shall be filed with the land registrar and attached by the land registrar to the conveyance to which it relates.  2004, c. 31, Sched. 21, s. 7 (1). Maker of statement or affidavit (2) The statement or affidavit required by this section shall be made by, (a) each transferee to whom or in trust for whom any land is conveyed by the conveyance to which the affidavit relates; (b) each trustee to whom any land is conveyed and who is shown as a trustee in the conveyance to which the affidavit relates; (c) each transferee named in the conveyance to which the affidavit relates; (d) an agent of any person referred to in clause (a), (b) or (c), if the agent is authorized in writing to make the affidavit; (e) the solicitor acting in the transaction as the solicitor for any person referred to in clause (a), (b) or (c); (f) the presiding officer authorized to act for a corporation that is a person referred to in clause (a), (b) or (c), or the Vice-President, Manager, Secretary, Director or Treasurer authorized to act for such corporation; or (g) either of two transferees who are spouses of each other and both of whom are transferees referred to in clause (a), (b) or (c), where the transferee making the affidavit is acting on behalf of the other of such transferees.  R.S.O. 1990, c. L.6, s. 5 (2); 1999, c. 6, s. 32 (2); 2004, c. 31, Sched. 21, s. 7 (2); 2005, c. 5, s. 36 (2). Same (2.1) Despite subsection (2), upon application to the Minister by a transferor named in a conveyance, the Minister or a person authorized by the Minister may consent to the transferor making the statement or affidavit required by this section and the transferor may do so if, (a) the transferor is tendering or submitting the conveyance for registration; (b) no tax is payable under this Act in respect of the conveyance; and (c) the transferor satisfies the Minister that the transferor has sufficient information to enable the transferor to make the affidavit or statement.  1996, c. 29, s. 20 (1); 2004, c. 31, Sched. 21, s. 7 (3, 4). Contents (3) The statement or affidavit shall state that the person making it has personal knowledge of the facts stated in it and shall state, where applicable, the capacity in which the person is making the statement or affidavit and the name of any transferee on whose behalf the person is making the statement or affidavit.  2004, c. 31, Sched. 21, s. 7 (5). Referral to Minister (4) If the land registrar is not satisfied that the statement or affidavit sets out the true value of the consideration for the conveyance, he or she may refuse to register the conveyance until the Minister has signified over his or her signature that the Minister is satisfied that the value of the consideration stated in the statement or affidavit is the true value of the consideration.  2004, c. 31, Sched. 21, s. 7 (5). Exceptions (5) Despite subsection (1), the information listed in paragraphs 1 to 4 of subsection (1) is not required for a conveyance tendered for registration as an electronic document and an affidavit is not required for a conveyance tendered for registration otherwise than as an electronic document, (a) if the only transferee named in the conveyance is Her Majesty in right of Ontario, Her Majesty in right of Canada or a Crown agency within the meaning of the Crown Agency Act, and if no tax is payable under this Act by any person in respect of the conveyance; or (b) if the conveyance expressly states that it is in trust for only Her Majesty in right of Ontario, Her Majesty in right of Canada or a Crown agency within the meaning of the Crown Agency Act.  1996, c. 29, s. 20 (2); 2004, c. 31, Sched. 21, s. 7 (6). (5.1) Repealed:  2004, c. 31, Sched. 21, s. 7 (7). Exception, certain leases (6) The information listed in paragraphs 1 to 4 of subsection (1) is not required for a conveyance if no tax is payable by reason of subsection 1 (6).  2004, c. 31, Sched. 21, s. 7 (8). Idem (7) Every person liable to pay tax under section 3 shall deliver a return to the Minister, in the form and manner approved by the Minister, on or before the day when the tax is payable under that section and shall remit the tax payable with the return.  R.S.O. 1990, c. L.6, s. 5 (7); 2017, c. 34, Sched. 23, s. 2. Idem (8) Every person who holds a legal interest in land in trust for any other person shall, within thirty days of becoming aware of any disposition of a beneficial interest in land to which section 3 applies, deliver to the Minister a return in a form approved by the Minister setting out the particulars of the disposition and such other information as the Minister may require for the purpose of determining the tax liability under this Act.  R.S.O. 1990, c. L.6, s. 5 (8). More than one trustee (9) If a legal interest in land is held in trust for another person by more than one trustee, the return required to be delivered under subsection (8) may be made by one or more of the trustees on behalf of all of the trustees.  R.S.O. 1990, c. L.6, s. 5 (9). (10) Repealed:  2004, c. 31, Sched. 21, s. 7 (9). (11) Repealed:  2004, c. 31, Sched. 21, s. 7 (10). (11.1) Repealed:  2004, c. 31, Sched. 21, s. 7 (11). Extension of time for returns (12) The Minister may extend the time for delivering the return required under subsection (7) or (8) either before or after the time for delivering it has expired.  R.S.O. 1990, c. L.6, s. 5 (12); 1994, c. 18, s. 4 (8); 1997, c. 10, s. 12 (4). (13) Repealed:  2004, c. 31, Sched. 21, s. 7 (12). (14) Repealed:  1997, c. 10, s. 12 (6). (15) Repealed:  1997, c. 10, s. 12 (6). (16) Repealed:  1997, c. 10, s. 12 (6). (17) Repealed:  1994, c. 18, s. 4 (10). Section Amendments with date in force (d/m/y) 1994, c. 18, s. 4 (7-10) - 23/06/1994; 1996, c. 18, s. 10 - 01/06/1996; 1996, c. 29, s. 20 (1, 2) - 09/12/1996; 1997, c. 10, s. 12 (1-6) - 07/05/1997; 1997, c. 19, s. 12 (1) - 10/10/1997; 1999, c. 6, s. 32 (2) - 01/03/2000 2004, c. 31, Sched. 21, s. 7 (1-12) - 16/12/2004 2005, c. 5, s. 36 (2)
- 09/03/2005 2017, c. 34, Sched. 23, s. 2 - 14/12/2017