1 (1) In this Act, “convey” includes the granting, assigning, releasing, surrendering, leasing or disposing of land in Ontario, agreeing to sell land in Ontario, or the giving of an option upon or with respect to any land in Ontario, or the registration of a caution or notice of any kind signifying the existence of an unregistered instrument or writing by which land is conveyed, whether the effect of any of the foregoing is to bring into existence an interest of any kind in land or is only for the purpose of giving effect to or formal recognition to any interest of whatsoever kind that theretofore existed in land, but “convey” does not include any transfer of land for the purpose only of securing a debt or loan, or any transfer by a creditor for the purpose only of returning land that had been used as security for a debt or loan; (“céder”) “conveyance” includes any instrument or writing by which land is conveyed and includes a final order of foreclosure under any mortgage or charge affecting land and a caution or notice of any kind in writing signifying the existence of any instrument or writing by which land is conveyed; (“cession”) “designated collector” means a person designated under subsection 5.1 (1); (“percepteur désigné”) “designated land” means, (a) land that contains at least one and not more than six single family residences; and (b) such other land as may be prescribed by the Minister; (“bien-fonds désigné”) “electronic document” means an electronic document as defined by section 17 of the Land Registration Reform Act; (“document électronique”) “foreign corporation” means a corporation that is one of the following: 1. A corporation that is not incorporated in Canada. 2. A corporation, the shares of which are not listed on a stock exchange in Canada, that is incorporated in Canada and is controlled, directly or indirectly in any manner whatever, within the meaning of section 256 of the Income Tax Act (Canada), by one or more of the following: i. A foreign national. ii. A corporation that is not incorporated in Canada. iii. A corporation that would, if each share of the corporation’s capital stock that is owned by a foreign national or by a corporation described in paragraph 1 were owned by a particular person, be controlled, directly or indirectly in any manner whatever, within the meaning of section 256 of the Income Tax Act (Canada), by the particular person; (“personne morale étrangère”) “foreign entity” means a foreign corporation or a foreign national; (“entité étrangère”) “foreign national” means an individual who is a foreign national as defined in subsection 2 (1) of the Immigration and Refugee Protection Act (Canada); (“étranger”) “Greater Golden Horseshoe Region” means the area of land comprised of the geographic areas of the following municipalities: 1. City of Barrie. 2. County of Brant. 3. City of Brantford. 4. County of Dufferin. 5. Regional Municipality of Durham. 6. City of Guelph. 7. Haldimand County. 8. Regional Municipality of Halton. 9. City of Hamilton. 10. City of Kawartha Lakes. 11. Regional Municipality of Niagara. 12. County of Northumberland. 13. City of Orillia. 14. Regional Municipality of Peel. 15. City of Peterborough. 16. County of Peterborough. 17. County of Simcoe. 18. City of Toronto. 19. Regional Municipality of Waterloo. 20. County of Wellington. 21. Regional Municipality of York; (“région élargie du Golden Horseshoe”) “land” includes lands, tenements and hereditaments and any estate, right or interest therein, a structure to be constructed on land as part of an arrangement relating to a conveyance of land, a leasehold interest or estate, the interest of an optionee, the interest of a purchaser under an agreement to sell land, or goodwill attributable to the location of land or to the existence thereon of any building or fixture, and fixtures; (“bien-fonds”) “land registrar” means a land registrar to whom a conveyance is tendered for registration; (“registrateur”) “Minister” means the Minister of Finance; (“ministre”) “notice of any kind” includes a recital or reference made in any registered instrument; (“avis quelconque”) “prescribed” means prescribed by regulations made under this Act; (“prescrit”) “registration”, of a conveyance, means registration under the Land Titles Act or the Registry Act, and “registered” has a corresponding meaning; (“enregistrement”, “enregistré”) “residential” means, when used in respect of land, the land subjacent to a building that is the main and principal residence of the occupants, whether as owners or tenants, and includes all immediately contiguous lands necessary and used for such residence; (“affecté à l’habitation”) “single family residence” means a unit or proposed unit under the Condominium Act, 1998 or a structure or part of a structure that is designed for occupation as the residence of a family, including dependants or domestic employees of a member of the family, whether or not rent is paid to occupy any part of it and whether or not the land on which it is situated is zoned for residential use and, (a) includes such a residence that is to be constructed as part of the arrangement relating to a conveyance, and (b) does not include such a residence that is constructed or is to be constructed on agricultural land that is eligible to be classified in the farm property class prescribed under the Assessment Act; (“habitation unifamiliale”) “specified region” means, (a) the Greater Golden Horseshoe Region, except for any area of land in that Region that the Minister prescribes as excluded from the specified region; and (b) any other areas of land that the Minister prescribes as included in the specified region; (“région déterminée”) “spouse” means spouse as defined in section 29 of the Family Law Act; (“conjoint”) “tax” means the tax imposed by this Act and includes all penalties and interest that are or may be added to a tax under this Act; (“droits”) “taxable trustee”, in relation to a conveyance of designated land, means a trustee of a trust with at least one trustee that is a foreign entity, or a trust with no foreign entity trustees if, immediately after the conveyance is tendered for registration, a beneficiary of the trust who is a foreign entity holds a beneficial interest in the designated land to which the conveyance relates, but does not include a trustee acting for the following types of trusts: 1. A mutual fund trust within the meaning of subsection 132 (6) of the Income Tax Act (Canada). 2. A real estate investment trust as defined in subsection 122.1 (1) of the Income Tax Act
(Canada). 3. A SIFT trust as defined in subsection 122.1 (1) of the Income Tax Act (Canada); (“fiduciaire imposable”) “transferee” includes a person to whom land is conveyed and any person whose interest in land is increased, created or given effect to as the result of a conveyance; (“cessionnaire”) “transferor” includes any person making a conveyance of land to a transferee; (“cédant”) “value of the consideration” includes, (a) the gross sale price or the amount expressed in money of any consideration given or to be given for the conveyance by or on behalf of the transferee and the value expressed in money of any liability assumed or undertaken by or on behalf of the transferee as part of the arrangement relating to the conveyance and the value expressed in money of any benefit of whatsoever kind conferred directly or indirectly by the transferee on any person as part of the arrangement relating to the conveyance, (b) in the case of a final order of foreclosure under any mortgage or charge affecting land, the lesser of, (i) the value of the consideration determined under clause (a) plus the amount owed under the mortgage or charge at the time it is foreclosed, including principal, interest and all other costs and expenses other than municipal taxes, secured by the mortgage or charge and owing at the time plus the amount owing similarly calculated under any mortgage or charge that is subsequent in priority to the mortgage or charge in respect of which the final order of foreclosure is made and that is held by the mortgagee or chargee in whose favour the final order of foreclosure that is registered is made, or (ii) an amount established to the satisfaction of the Minister to be equal to the fair market value of the land that is subject to the mortgage or charge, (b.1) in the case of a conveyance of land to the mortgagee or chargee under a mortgage or charge affecting the land when the conveyance is given in satisfaction of the amount owed under the mortgage or charge, the lesser of, (i) the value of the consideration determined under clause (a) plus the amount owed under the mortgage or charge at the time the conveyance is made, including principal, interest and all other costs or expenses other than municipal taxes, secured by the mortgage or charge and owing at the time plus the amount owing similarly calculated under any other mortgage or charge that is subsequent in priority to the mortgage or charge in respect of which the conveyance is made, if that mortgage or charge is held by the mortgagee or chargee to whom the conveyance is made, or (ii) an amount established to the satisfaction of the Minister to be equal to the fair market value of the land that is subject to the conveyance, (c) in the case where a lease of land, a transfer of the interest of a lessee under a lease of land, or a notice of any kind in writing signifying the existence of an unregistered lease of land or of an unregistered transfer of the interest of a lessee under a lease of land is not exempt from tax by virtue of subsection (6), the fair market value, ascertained as at the time of the tender or submission for registration, of the land to which the lease extends or of a smaller portion of such land if only such smaller portion is conveyed, (d) in the case of a caution or notice of any kind in writing signifying the existence of any unregistered instrument or writing by which land is conveyed and that is not a notice in writing described in clause (c), the value of the consideration determined under clause (a) or (b) for the land conveyed by the unregistered instrument or writing that is referred to in such caution or notice in writing that is not a notice in writing described in clause (c), (e) in the case of a conveyance of land from a trustee (whether or not the trustee is so described in the conveyance) to a person to whom or for whose benefit any equitable or beneficial interest in the land has been transferred by a conveyance or conveyances that have not been registered, the value of the consideration determined under clauses (a) to (d), whichever is applicable, in respect of the unregistered conveyances made to such person, (f) in the case of a conveyance of land from a trustee to another trustee (whether or not either trustee is so described in the conveyance) where, (i) the person to whom or for whose benefit any equitable or beneficial interest in the land is held is not the same person to whom or for whose benefit any equitable or beneficial interest in the land was held by the trustee making the conveyance when that trustee first acquired legal interest in the land, and (ii) valuable consideration has been given by the transferee of an equitable or beneficial interest for the transfer of any equitable or beneficial interest in the land held by the trustee making the conveyance while that trustee was the holder of the legal interest in the land, the fair market value, ascertained at the time of the tender or submission for registration, of the land to which the conveyance extends, or (g) in the case of a conveyance of land to a corporation where any part of the consideration consists of the allotment and issuance of the corporation’s shares or in the case of a conveyance of land from a corporation to any of its shareholders the fair market value, ascertained at the time of the tender or submission for registration, of the land to which the conveyance extends. (“valeur de la contrepartie”)  R.S.O. 1990, c. L.6, s. 1 (1); 1994, c. 18, s. 4 (1-3); 1996, c. 18, s. 7 (1, 2); 1996, c. 29, s. 16 (1); 1997, c. 10, s. 8 (1, 2); 1999, c. 6, s. 32 (1); 2000, c. 42, s. 67; 2002, c. 22, s. 134; 2004, c. 31, Sched. 21, s. 1 (1, 2); 2005, c. 5, s. 36 (1); 2015, c. 28, Sched. 1, s. 151; 2017, c. 8, Sched. 16, s. 1; 2017, c. 17, Sched. 1, s. 1. Tendering for registration (1.1) For the purposes of this Act, a conveyance that is an electronic document is tendered for registration when it is submitted for registration in accordance with Part III of the Land Registration Reform Act, and a conveyance that is not an electronic document is tendered for registration when it is presented for registration at a land registry office.  2004, c. 31, Sched. 21, s. 1 (3). Reduction of consideration, land taken under statutory authority (2) Where it is established to the satisfaction of the Minister that land is being acquired by a person for the purpose of replacing land that was taken from the person under statutory authority, that was sold by the person to a person by whom notice of an intention to take the land under statutory authority was given, or that was sold by the person to a person having the power to take the land under statutory authority, and it is reasonable to assume in the case where the land is sold that, had the land not been sold, it would have been taken under statutory authority by the person to whom it is sold, the value of the consideration for the land being acquired shall be reduced by an amount equal to the compensation or proceeds of sale reasonably attributable to the land that was taken or sold.  1998, c. 5, s. 29. Same, leasehold and freehold interests (3) Where a person entitled to the leasehold interest in land acquires the freehold interest therein, the value of the consideration for the conveyance to the person of the freehold interest may be reduced by the amount of the value of the consideration for the conveyance by which the person acquired the leasehold interest if the value of that consideration was determined under clause (c) of the definition of “value of the consideration” in subsection (1) and tax was computed and paid with respect to the value of that consideration so determined, but the reduction shall not exceed the value of the consideration for the conveyance of the freehold interest.  1998, c. 5, s. 29. (4) Repealed:  1997, c. 10, s. 8 (3). (5) Repealed:  1997, c. 10, s. 8 (4). No tax on certain leases (6) Despite any other provision of this Act, no tax is payable on the tender or submission for registration of a conveyance that is a lease of land, the transfer of the interest of a lessee under a lease of land, or a notice of any kind in writing signifying the existence of a lease of land or of a transfer of the interest of a lessee under a lease of land if the lease, at the time the lease or transfer or notice of either of them is tendered or submitted for registration, is for an unexpired term that cannot exceed 50 years, including any renewals or extensions of the term provided for in the lease or in a separate option to lease or other document entered into as part of the arrangement relating to the lease (whether or not the lessee and the optionee or person named in the document are the same persons).  1994, c. 18, s. 4 (4); 1996, c. 18, s. 7 (3). (7) Repealed:  1997, c. 10, s. 8 (5). Section Amendments with date in force (d/m/y) 1994, c. 18, s. 4 (1, 2) - 23/06/1994; 1994, c. 18, s. 4 (3) - 20/05/1993; 1994, c. 18, s. 4 (4) - 29/11/1993; 1996, c. 18, s. 7 (1-3) - 01/06/1996; 1996, c. 29, s. 16 (1) - 09/12/1996; 1997, c. 10, s. 8 (1-5) - 07/05/1997; 1998, c. 5, s. 29 - 07/05/1997; 1999, c. 6, s. 32 (1) - 01/03/2000 2000, c. 42, s. 67
- 01/01/1998 2002, c. 22, s. 134
- 01/01/2003 2004, c. 31, Sched. 21, s. 1 (1-3) - 16/12/2004 2005, c. 5, s. 36 (1)
- 09/03/2005 2015, c. 28, Sched. 1, s. 151 - 03/12/2015 2017, c. 8, Sched. 16, s. 1 - 17/05/2017; 2017, c. 17, Sched. 1, s. 1 - 01/06/2017