jswizzle3737/ontario_laws_and_regs huggingface dataset:
46 (1) The registration of a person as first registered owner with a qualified title has the same effect as the registration of such person with an absolute title, except that registration with a qualified title does not affect or prejudice the enforcement of any estate, right or interest appearing by the register to be excepted.  R.S.O. 1990, c. L.5, s. 46 (1). Application for absolute title (2) The registered owner of land with a qualified title may apply to the land registrar to be registered as owner of the land with an absolute title.  1998, c. 18, Sched. E, s. 123. Forms and procedure (3) The applicant shall complete the prescribed forms for the application and comply with the procedure that the Director of Titles specifies.  1998, c. 18, Sched. E, s. 123. Hearing (4) The Director of Titles may hear and determine the objections, if any, to the application.  1998, c. 18, Sched. E, s. 123. Time of registration (5) The land registrar shall not grant an application under subsection (2) unless all objections have been withdrawn or have been finally disposed of and, (a)  the Director of Titles is satisfied that the estate, right or interest in respect of which the title is qualified is no longer capable of enforcement; or (b)  the Director of Titles is prepared to accept a bond or covenant from the applicant in accordance with section 55.  1998, c. 18, Sched. E, s. 123. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 123 - 18/12/1998 2012, c. 8, Sched. 28, s. 31 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
47 (1) The registration of a person as first registered owner with a possessory title only does not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of the first registered owner, and subsisting or capable of arising at the time of registration of such owner, but otherwise has the same effect as registration of a person with an absolute title.  R.S.O. 1990, c. L.5, s. 47 (1). Change from possessory title to absolute or qualified title (2) The registered owner of land with a possessory title only may at any time apply to the land registrar to be registered as owner of the land with an absolute or qualified title, but the applicant shall not be so registered until the title is approved by the land registrar in the same manner as if the application were for first registration with an absolute or qualified title.  R.S.O. 1990, c. L.5, s. 47 (2). Application to be registered as absolute or qualified title after ten years (3) After the expiration of ten years from the date of registration of a person as the registered owner with a possessory title only, the then registered owner of the land may, upon payment of the required fees, apply to the land registrar to be entered as owner with an absolute or qualified title, and the land registrar may, either forthwith or after requiring such evidence to be furnished and notices to be given as he or she considers expedient, register the applicant as owner in fee simple with an absolute title or qualified title, subject to such encumbrances, if any, as the condition of the title requires.  R.S.O. 1990, c. L.5, s. 47 (3); 1998, c. 18, Sched. E, s. 124. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 124 - 18/12/1998 2012, c. 8, Sched. 28, s. 32 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
48 The registration of a person as first registered owner of leasehold land, with a declaration that the lessor had an absolute title to grant the lease under which the land is held, vests in such person the land comprised in the registered lease relating to the land for all the leasehold estate therein described with all implied or expressed rights, privileges and appurtenances, free from all estates and interests whatsoever, including estates and interests of Her Majesty, that are within the legislative jurisdiction of Ontario, but subject to the following: 1.  All implied and express covenants, obligations and liabilities incident to such leasehold estate. 2.  The encumbrances, if any, entered on the register. 3.  The liabilities, rights and interests that affect the leasehold estate and that are by this Act declared not to be encumbrances in the case of registered freehold land, unless the contrary is expressed on the register. 4.  Where the first registered owner is not entitled for the owner’s own benefit to the land registered, then as between the owner and any person for whom the owner holds or claiming under the owner, any unregistered estates, rights, interests or equities to which such person may be entitled.  R.S.O. 1990, c. L.5, s. 48.
49 The registration of a person as first registered owner of leasehold land, without a declaration of the title of the lessor, does not affect or prejudice the enforcement of any estate, right or interest affecting or in derogation of the title of the lessor to grant the lease under which the land is held, but, save as aforesaid, has the same effect as the registration of a person as first registered owner of leasehold land with a declaration that the lessor had an absolute title to grant the lease under which the land is held.  R.S.O. 1990, c. L.5, s. 49.
50 (1) Where on the examination of the title of a lessor by the land registrar it appears to the land registrar that the title of the lessor to grant the lease under which the land is held can be established only for a limited period or subject to certain reservations, the land registrar may, by an entry made in the register, except from the effect of registration any estate, right or interest arising before a specified date or arising under a specified instrument, or otherwise particularly described in the register, and the title of a lessor subject to such excepted estate, right or interest shall be deemed to be a qualified title.  R.S.O. 1990, c. L.5, s. 50 (1). Effect of registration (2) The registration of a person as first registered owner of leasehold land, with a declaration that the lessor had a qualified title to grant the lease under which the land is held, has the same effect as the registration of such person with a declaration that the lessor had an absolute title to grant the lease under which the land is held, except that registration with the declaration of a qualified title does not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted.  R.S.O. 1990, c. L.5, s. 50 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 33 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
51 (1) Despite any provision of this Act, the Real Property Limitations Act or any other Act, no title to and no right or interest in land registered under this Act that is adverse to or in derogation of the title of the registered owner shall be acquired hereafter or be deemed to have been acquired heretofore by any length of possession or by prescription.  R.S.O. 1990, c. L.5, s. 51 (1); 2002, c. 24, Sched. B, s. 40 (2). Operation of section (2) This section does not prejudice, as against any person registered as first owner of land with a possessory title only, any adverse claim in respect of length of possession of any other person who was in possession of the land at the time when the registration of the first owner took place.  R.S.O. 1990, c. L.5, s. 51 (2). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 40 (2) - 01/01/2004
52 (1) A certificate by the land registrar of the first registration of an owner under this Act shall be registered in the registry division in which the land is situate, and thereafter the Registry Act ceases to apply to the land.  R.S.O. 1990, c. L.5, s. 52 (1). Particulars to be stated in certificate for registry office (2) The certificate, besides describing the land, shall state the date of the first registration, the number of the parcel and the register in which the land is registered, and the registrar shall in the abstract index enter the number of the parcel and the register as given in the certificate.  R.S.O. 1990, c. L.5, s. 52 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 34 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
53 (1) Where land is registered subject to mortgages existing thereon at the time of the first registration, the mortgages shall be noted in the register in the same order as they are registered in the registry office, if such mortgages have been so registered, or the dates of the respective registrations thereof shall be stated, but this shall not be taken as an affirmation that such mortgages rank in the order in which they were registered or in the order in which they are noted.  R.S.O. 1990, c. L.5, s. 53 (1). Abstracts of instruments (2) Abstracts of all instruments dealing with such mortgages shall thereafter be entered in the register, and the entry thereof shall be deemed the registration of the instrument, and the rights of the parties interested or claiming to be interested in any such mortgage so far as it affects land under this Act shall, subject to sections 36, 37, 39, 45, 47 and 87 to 90, be decided under the registry law as if the registrations had been made under the Registry Act.  R.S.O. 1990, c. L.5, s. 53 (2). PART V   ASSURANCE FUND Constitution of Fund, etc.
54 (1) The Land Titles Assurance Fund and The Land Titles Survey Fund are amalgamated and continued under the name The Land Titles Assurance Fund in English and the name Caisse d’assurance des droits immobiliers in French.  2002, c. 18, Sched. E, s. 6 (3). Idem (2) Where the amount standing to the credit of the Assurance Fund is less than $1,000,000, the Assurance Fund shall be increased by payment into it from the Consolidated Revenue Fund of an amount fixed by the Lieutenant Governor in Council.  R.S.O. 1990, c. L.5, s. 54 (2). Money paid into court (3) Money paid under subsection (2) shall be paid into court.  R.S.O. 1990, c. L.5, s. 54 (3). Land Titles Assurance Fund Account (4) Subject to subsection (5), money standing to the credit of the Assurance Fund and payments received under subsection (2) shall be credited to The Land Titles Assurance Fund Account and shall be invested from time to time in the same manner as other money paid into court, and, subject to subsection (6), the interest and income derived therefrom shall be credited to the same account.  R.S.O. 1990, c. L.5, s. 54 (4). Payment to Minister of Finance (5) The money in court at the credit of the Assurance Fund shall on his or her demand be paid to the Minister of Finance.  R.S.O. 1990, c. L.5, s. 54 (5); 2009, c. 33, Sched. 17, s. 5 (13). Minister to issue stock for sums received from Assurance Fund (6) The Minister of Finance, on receipt of the money paid to him or her under subsection (5), shall issue to the Accountant of the Superior Court of Justice in trust Ontario Government stock to an amount equal to the sum so received, and the stock shall represent the Assurance Fund and be available for the same purposes.  R.S.O. 1990, c. L.5, s. 54 (6); 2006, c. 19, Sched. C, s. 1 (3); 2009, c. 33, Sched. 17, s. 5 (13). Conditions of issue (7) The stock shall be paid or may be redeemed at such time and shall be subject to such conditions as to inscription, registration and transfer as the Lieutenant Governor in Council considers advisable, and shall bear interest at the rate of 2 1/2
per cent per year.  R.S.O. 1990, c. L.5, s. 54 (7). Charge on Consolidated Revenue Fund (8) The stock, together with the interest thereon, shall be charged upon and paid out of the Consolidated Revenue Fund.  R.S.O. 1990, c. L.5, s. 54 (8). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 6 (3) - 26/11/2002 2006, c. 19, Sched. C, s. 1 (3) - 22/06/2006 2009, c. 33, Sched. 17, s. 5 (13) - 15/12/2009
55 The land registrar may require any applicant for registration to indemnify The Land Titles Assurance Fund against loss by a bond or covenant to Her Majesty, either with or without sureties, or by such other security as he or she considers expedient.  R.S.O. 1990, c. L.5, s. 55. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 35 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
56 (1) An application for financial assistance from The Land Titles Assurance Fund may be made to the Director of Titles by, (a)  a registered owner in respect of the costs of a survey of the owner’s land; (b)  an applicant for first registration under this Act in respect of the costs of a survey of the applicant’s land; (c)  the council of a municipality in respect of the costs of and incidental to an application under section 31; (d)  an applicant under the Boundaries Act in respect of the costs of and incidental to an application under that Act, including survey costs.  2002, c. 18, Sched. E, s. 6 (4). Direction for payment (2) The Director of Titles may direct that all or a part of the costs mentioned in an application made under subsection (1) be paid out of The Land Titles Assurance Fund.  2002, c. 18, Sched. E, s. 6 (4). Payment re surveys for property mapping (3) The Director of Titles may direct that all or part of the costs of a survey of land required to facilitate the inclusion of the land in a property map referred to in subsection 141 (3) be paid out of The Land Titles Assurance Fund.  2002, c. 18, Sched. E, s. 6 (4). Payment from Fund (4) Upon receipt of a direction of the Director of Titles, the Accountant of the Superior Court of Justice shall pay to the person or municipality named in the direction such sum or sums, at such time or times as are stipulated in the direction, out of The Land Titles Assurance Fund, so far as that Fund is sufficient for the purpose.  2002, c. 18, Sched. E, s. 6 (4); 2006, c. 19, Sched. C, s. 1 (3). Determination final (5) The determination by the Director of Titles of the amount, if any, to be paid from The Land Titles Assurance Fund is not subject to appeal.  2002, c. 18, Sched. E, s. 6 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 12 (6) - 06/12/2000 2002, c. 18, Sched. E, s. 6 (4) - 26/11/2002; 2006, c. 19, Sched. C, s. 1 (3) - 22/06/2006 2012, c. 8, Sched. 28, s. 36 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Claims Against Fund
58 (1) Where a person makes a claim upon The Land Titles Assurance Fund for compensation in respect of land patented as mining land or in respect of land the chief value of which consists in the ores, mines or minerals therein and it appears that the person is entitled to recover in respect of the land or of some interest therein, in determining the amount of compensation to be paid to the person, the entire value of the land shall not be taken at a greater sum than twice the amount that was paid for the original grant from the Crown.  R.S.O. 1990, c. L.5, s. 58 (1). Apportionment proportionately (2) Where the amount that was paid for the original grant from the Crown was paid in respect of other land in addition to that for which a claim is so made without it appearing what amount was paid in respect of the particular parcel of land with reference to which the claim is made, the amount so paid, or the portion thereof as to which the fact may not appear to be otherwise, shall be deemed to have been paid proportionately in accordance with the acreage or other superficial content of the whole parcel or of the various parcels in respect of which the amount was paid.  R.S.O. 1990, c. L.5, s. 58 (2); 2006, c. 34, s. 15 (7). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 15 (7) - 20/12/2006
59 (1) No person is entitled to recover out of the Assurance Fund any compensation, when person first registered could have conveyed good title to purchaser (a)  where the claim is founded upon a right existing at the time of the first registration of the land and the state of the title of the land at that time was such that the person who was first registered, or the person on whose nomination or authorization the registration was made, by a duly registered conveyance could have conferred, as against the claimant, a valid title to a purchaser in good faith for valuable consideration without notice of any defect in the title, and no sufficient caution had been registered and was in force when the application for first registration was made or a patent was forwarded for registration and the land registrar had not actual notice of the defect prior to the first registration; where claimant had notice of registration proceeding (b)  where the claimant, by direction of the land registrar or in accordance with the practice of his or her office, had been served with a notice of the proceeding being had in that office, whether the proceeding was commenced prior or subsequent to first registration, and failed to act in accordance with the requirements of the notice or if the land registrar or the Director of Titles had adjudicated against the claimant and the claimant had failed to prosecute successfully an appeal against the decision; where claimant’s negligence has caused loss (c)  where the claimant has caused or substantially contributed to the loss by the claimant’s act, neglect or default, and the omission to register a sufficient caution, notice, inhibition or restriction to protect a mortgage by deposit or other equitable interest or any unregistered right, or other equitable interest or any unregistered interest or equity created under section 71 or otherwise shall be deemed neglect within the meaning of this clause; fraud (d)  if the person knowingly participates or colludes in a fraud with respect to the interest or right on which the claim is founded; subrogated claim (e)  if the interest or right on which the claim is founded is derived on or after October 19, 2006 from a subrogated claim; or claim of insurer (f)  if the person makes the claim, on or after October 19, 2006, on behalf of an insurer of the person.  R.S.O. 1990, c. L.5, s. 59 (1); 2006, c. 34, s. 15 (7, 8); 2009, c. 33, Sched. 17, s. 5 (16). Definition (2) In this section, “claimant” includes the person actually making the claim and any person through whom the person claims who the person alleges was wrongfully deprived of land or of some estate or interest therein.  R.S.O. 1990, c. L.5, s. 59 (2); 2006, c. 34, s. 15 (7). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 15 (7, 8) - 20/12/2006 2009, c. 33, Sched. 17, s. 5 (16) - 15/12/2009 2012, c. 8, Sched. 28, s. 38 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
59.1 (1) In this section, “inspector” means the Director of Titles or a person designated in writing by that Director when exercising any of the powers set out in this section.  2006, c. 34, s. 15 (9). Powers (2) Upon having a reasonable belief that a person described in subsection (3) is likely to have information relevant to determining whether a payment of compensation out of The Land Titles Assurance Fund is authorized under subsection 57 (4.1), an inspector may, (a)  require that the person produce for inspection and examination, in a readable form, any documents and records that may contain the information; (b)  require that the person provide whatever assistance is reasonably necessary to produce documents and records in a readable form when required to do so under clause (a), including using any data storage, processing or retrieval device or system for that purpose; (c)  upon giving a receipt for them, copy any of the things that the person is required to produce under clause (a) if the inspector returns the things promptly to the person who produced them; and (d)  require that the person answer all inquiries relevant to the information.  2006, c. 34, s. 15 (9). Persons being inspected (3) The persons who are subject to an inspection under subsection (2) are every person who is registered as the owner of land or some estate or interest in land with respect to which an application for compensation from The Land Titles Assurance Fund is made under subsection 57 (4.1) or who was registered as such at the time the claim for compensation arose.  2006, c. 34, s. 15 (9). Identification (4) An inspector shall produce, on request, evidence of the authority to carry out an inspection.  2006, c. 34, s. 15 (9). No obstruction (5) No person shall, (a)  obstruct an inspector conducting an inspection; (b)  withhold from the inspector or conceal information that is relevant to the inspection; or (c)  withhold from the inspector or conceal, alter or destroy any documents or records that are relevant to the inspection.  2006, c. 34, s. 15 (9). Admissibility of copies (6) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.  2006, c. 34, s. 15 (9). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 15 (9)
- 20/12/2006 2012, c. 8, Sched. 28, s. 39 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
59.2 A person who contravenes subsection 59.1 (5) is guilty of an offence and, on conviction, 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, if the person is an individual; and (b)  a fine of not more than $250,000, if the person is a corporation.  2006, c. 34, s. 15 (9). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 15 (9) - 20/12/2006 PART VI   PART OWNERS
60 (1) Any two or more persons entitled concurrently or successively, or partly in one mode and partly in another, to such estates, rights or interests in land as together make up such an estate as would, if vested in one person, entitle the person to be registered as owner of the land may apply to the land registrar to be registered as joint owners in the same manner and with the same incidents, so far as circumstances admit, in and with which it is in this Act declared that an individual owner may be registered.  R.S.O. 1990, c. L.5, s. 60 (1). Entry (2) Where several persons are so registered as owners, the entry may, if the parties so desire, define the estates, rights and interests, other than trust estates, rights and interests, to which the owners are respectively entitled, and such entry may be made either upon first registration or subsequently in case the estates, rights or interests so arise.  R.S.O. 1990, c. L.5, s. 60 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 40 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
61 (1) No person shall be registered as owner of an undivided share in freehold or leasehold land or of a charge apart from the other share or shares.  R.S.O. 1990, c. L.5, s. 61 (1). Rights of part owner (2) Where the extent of a co-owner’s interest is not shown on the register, the co-owner may, (a)  transfer or charge a specified share in the land or transfer a share in the charge, as the case may be, upon providing the Director of Titles with proof of the co-owner’s percentage of ownership in the manner specified by the Director of Titles; or (b)  transfer or charge all of the co-owner’s unspecified share.  R.S.O. 1990, c. L.5, s. 61 (2); 2017, c. 2, Sched. 12, s. 5 (5). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 41 - no effect - see 2017, c. 2, Sched. 12, s. 10 (2) 2017, c. 2, Sched. 12, s. 5 (5, 6, 8) - 22/03/2017; 2017, c. 2, Sched. 12, s. 5 (7) - no effect - see 2017, c. 2, Sched. 12, s. 5 (8)
62 (1) A notice of an express, implied or constructive trust shall not be entered on the register or received for registration.  R.S.O. 1990, c. L.5, s. 62 (1). Description of owner as a trustee (2) Describing the owner of freehold or leasehold land or of a charge as a trustee, whether the beneficiary or object of the trust is or is not mentioned, shall be deemed not to be a notice of a trust within the meaning of this section, nor shall such description impose upon any person dealing with the owner the duty of making any inquiry as to the power of the owner in respect of the land or charge or the money secured by the charge, or otherwise, but, subject to the registration of any caution or inhibition, the owner may deal with the land or charge as if such description had not been inserted.  R.S.O. 1990, c. L.5, s. 62 (2). Owners described as trustees to be joint tenants (3) Where two or more owners are described as trustees, the property shall be held to be vested in them as joint tenants unless the contrary is expressly stated.  R.S.O. 1990, c. L.5, s. 62 (3). Saving (4) Nothing in this section prevents the registration of a charge given for the purpose of securing bonds or debentures of a corporation, but the registration of such a charge is not a guarantee that the steps necessary to render the charge valid have been duly taken.  R.S.O. 1990, c. L.5, s. 62 (4).
63 Any person registered in the place of a deceased owner or to whom a patent is issued as executor administrator or estate trustee or in any representative capacity shall hold the land or charge, in respect of which the person is registered, upon the trusts and for the purposes to which the same is applicable by law and subject to any unregistered estates, rights, interests or equities subject to which the deceased owner held the same, but otherwise in all respects, and in particular as respects any registered dealings with such land or charge, the person shall be in the same position as if the person had taken the land or charge under a transfer for a valuable consideration.  R.S.O. 1990, c. L.5, s. 63; 1998, c. 18, Sched. E, s. 126. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 126 - 18/12/1998 Registration of certain trustees
64 (1) Where registered land or an interest therein is acquired by trustees under the Religious Organizations’ Lands Act, it shall be registered in the name of the religious organization without setting out the purposes or trusts on which the land or interest is held.  R.S.O. 1990, c. L.5, s. 64 (1). Registration of other trustees (2) A person who has been appointed as a trustee under the Bankruptcy and Insolvency Act (Canada) or under any other Act of Canada or Ontario or by the court, upon proof of entitlement satisfactory to the land registrar, may be registered as the owner of registered land or of an interest therein, and the person may transfer the same upon proof of compliance with the Act or order under which the person was appointed.  R.S.O. 1990, c. L.5, s. 64 (2); 2002, c. 18, Sched. E, s. 6 (5). Trustees of pension funds (3) Where a charge is made or transferred to the trustee or trustees of a registered pension fund or plan within the meaning of subsection 248 (1) of the Income Tax Act
(Canada), and the charge or transfer of charge has attached thereto a statement made by one of the trustees or a solicitor deposing that the fund or plan is so registered, the chargee or transferee may be described in the charge or transfer of charge as the trustee or trustees, naming the fund or plan, and the individual names of the trustee or trustees are not required.  R.S.O. 1990, c. L.5, s. 64 (3); 1998, c. 18, Sched. E, s. 127 (1). Idem (4) A transfer or cessation of a charge made by the trustee or trustees mentioned in subsection (3) 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 transfer or cessation.  R.S.O. 1990, c. L.5, s. 64 (4); 1998, c. 18, Sched. E, s. 127 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 127 (1, 2) - 18/12/1998 2002, c. 18, Sched. E, s. 6 (5) - 26/11/2002 2012, c. 8, Sched. 28, s. 42 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
65 (1) Upon the registration of two or more persons as owners of the same land or of the same charge, an entry may, with their consent, be made on the register to the effect that, when the number of such owners is reduced below a certain specified number, no registered disposition of the land or charge shall be made except under the order of the court.  R.S.O. 1990, c. L.5, s. 65 (1). No survivorship (2) In such a case, the words “No Survivorship” or “sans gain de survie” in the entry mean that, if any one of the owners should die, no registered disposition of the land or charge shall be made except under order of the court.  R.S.O. 1990, c. L.5, s. 65 (2). PART VII   SUBSEQUENT REGISTRATIONS General
66 Every transfer or charge signed by a registered owner, or others claiming by transfer through or under a registered owner, purporting to transfer or charge freehold or leasehold land, or an interest therein, capable of being registered, or purporting to transfer a charge, shall, until cut out by a conflicting registration, confer upon the person intended to take under the transfer or charge a right to be registered as the owner of the land or charge and, where a person applies to be registered under this section, the land registrar may, either forthwith or after requiring such notices to be given as the land registrar considers expedient, register the applicant as owner, subject to such encumbrances, if any, as the condition of the title requires, although the transfer or charge has been executed or bears date prior to the entry of the transferor or chargor as the owner of the land or charge.  R.S.O. 1990, c. L.5, s. 66. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 43 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
67 Subject to section 64, no person, other than a corporation, may be shown as the registered owner of land or a charge unless the person is described by, (a)  if the person has a single name, but no surname or first given name, the person’s single name; or (b)  if the person does not have a single name, the person’s surname and first given name in full, followed by another given name, if any, in full. 2017, c. 20, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 9, s. 7 - 14/11/2017
68 (1) No person, other than the registered owner, is entitled to transfer or charge registered freehold or leasehold land by a registered disposition.  R.S.O. 1990, c. L.5, s. 68 (1). Unregistered estates, etc. (2) Subject to the maintenance of the estate and right of the registered owner, a person having a sufficient estate or interest in the land may create estates, rights, interests and equities in the same manner as the person might do if the land were not registered.  R.S.O. 1990, c. L.5, s. 68 (2).
69 (1) Where by an order of a court of competent jurisdiction or where by virtue of the operation of an Act of Canada or Ontario registered land or any interest therein is stated by the order or Act to vest, be vested or become vested in, or belong to, the Crown in right of Canada or Ontario or any person other than the registered owner of the land, the registered owner shall be deemed for the purposes of this Act to remain the owner thereof, (a)  until an application to be registered as owner is made by or on behalf of the Crown or other person in or to whom the land is stated to be vested or to belong; or (b)  until the land is transferred to the Crown or person by the registered owner, as the case may be, in accordance with the order or Act.  R.S.O. 1990, c. L.5, s. 69 (1). Exception (2) Subsection (1) does not apply to, (a)  an expropriation plan registered in accordance with the Expropriations Act; or (b)  a plan registered in accordance with the Public Transportation and Highway Improvement Act in the highways register mentioned in subsection 72 (2) of this Act.  R.S.O. 1990, c. L.5, s. 69 (2).
70 (1) A person may, under a power of attorney, authorize another person to act for that person in respect of any land or interest therein under this Act.  R.S.O. 1990, c. L.5, s. 70 (1). Registration (2) A power of attorney or a notarial or certified copy of it may be registered in the prescribed manner.  1998, c. 18, Sched. E, s. 128. Revocation (3) No registered power of attorney shall be deemed to be revoked until a revocation thereof is registered or evidence is filed with the land registrar showing that it is no longer in force.  R.S.O. 1990, c. L.5, s. 70 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 128 - 18/12/1998 2012, c. 8, Sched. 28, s. 44 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
71 (1) Any person entitled to or interested in any unregistered estates, rights, interests or equities in registered land may protect the same from being impaired by any act of the registered owner by entering on the register such notices, cautions, inhibitions or other restrictions as are authorized by this Act or by the Director of Titles.  R.S.O. 1990, c. L.5, s. 71 (1). Agreement of purchase and sale (1.1) An agreement of purchase and sale or an assignment of that agreement shall not be registered, but a person claiming an interest in registered land under that agreement may register a caution under this section on the terms specified by the Director of Titles.  1998, c. 18, Sched. E, s. 129. Effect of registration (2) Where a notice, caution, inhibition or restriction is registered, every registered owner of the land and every person deriving title through the registered owner, excepting owners of encumbrances registered prior to the registration of such notice, caution, inhibition or restriction, shall be deemed to be affected with notice of any unregistered estate, right, interest or equity referred to therein.  R.S.O. 1990, c. L.5, s. 71 (2). Note:  A caution registered under section 71 or a predecessor of that section before June 16, 1999 ceases to have effect five years from June 16, 1999, if the date that the caution ceases to have effect is not specified in the caution or by subsection 128 (4) of this Act, as it read immediately before June 16, 1999, or if there is a date specified in the caution or by subsection 128 (4) of this Act, as it read immediately before June 16, 1999, the earlier of that date and five years from the date of registration of the caution.  See:  1998, c. 18, Sched. E, s. 151 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 129 - 16/06/1999 2012, c. 8, Sched. 28, s. 45 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
72 (1) No person, other than the parties thereto, shall be deemed to have any notice of the contents of any instruments, other than those mentioned in the existing register of title of the parcel of land or that have been duly entered in the records of the office kept for the entry of instruments received or are in course of entry.  R.S.O. 1990, c. L.5, s. 72 (1). Highways register (2) For the purposes of subsection (1), the highways register provided for in the regulations shall be deemed to be a record kept for the entry of instruments.  R.S.O. 1990, c. L.5, s. 72 (2). Trans-Canada Pipe Line register (3) Subject to the regulations, the Trans-Canada Pipe Line register provided for in the regulations shall be deemed, for the purposes of this Act, to be a register of the title of land or interests therein, including easements, owned by TransCanada PipeLines Limited.  R.S.O. 1990, c. L.5, s. 72 (3).
73 (1) The guardian of the property of a minor or of a mentally incapable person may make an application, give consent, do an act or be party to a proceeding under this Act if the minor or mentally incapable person could have done so if free from disability.  1992, c. 32, s. 18. Same (2) The guardian shall represent the minor or mentally incapable person for the purposes of this Act.  1992, c. 32, s. 18. Same (3) If a minor or a mentally incapable person has no guardian of property, the Children’s Lawyer has power to act under subsections (1) and (2), or the land registrar may appoint a person with power to act under those subsections.  1992, c. 32, s. 18; 1994, c. 27, s. 43 (2). Same (4) If a person yet unborn is interested, subsection (3) applies, with necessary modifications.  1992, c. 32, s. 18. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 18 - 03/04/1995; 1994, c. 27, s. 43 (2) - 03/04/1995 2012, c. 8, Sched. 28, s. 46 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
74 Where, on an application for the registration of an instrument after first registration or for the registration of a transmission, the land registrar is unable to come to a clear conclusion as to the action that he or she should take, the land registrar shall delay making the required entry until he or she has stated the facts to the Director of Titles for his or her opinion, and in submitting the case the land registrar shall state his or her own view and the reasons therefor.  R.S.O. 1990, c. L.5, s. 74. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 47 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
75 Upon the application of the registered owner or the owner of a registered interest in the registered owner’s title or a notice, caution, inhibition or restriction in the title that is registered under section 71, the land registrar may amend any entry in the register of the title to reflect the effect of other statutes, orders of a court, a change in the name of owner or other changes that have occurred in fact.  1999, c. 12, Sched. F, s. 27. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. F, s. 27 - 22/12/1999 2012, c. 8, Sched. 28, s. 48 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
76 In respect of the first registration of land or any subsequent registration of an instrument under this Act, the land registrar may require such proof as he or she considers sufficient, or as is specified by the Director of Titles, of compliance with any Act of Canada or Ontario that if not complied with would affect the title of the first registered owner or the title or interest of the person taking under the subsequent instrument.  R.S.O. 1990, c. L.5, s. 76; 1998, c. 18, Sched. E, s. 130. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 130 - 18/12/1998 2012, c. 8, Sched. 28, s. 49 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
77 (1) Except as otherwise provided by this Act, every instrument presented for registration by which, when registration thereof is completed, an interest in registered land is created, transferred or terminated shall be deemed to be an application to the land registrar to amend the registered title of the land mentioned therein.  R.S.O. 1990, c. L.5, s. 77 (1). Idem (2) A plan, certificate, order or by-law made under an Act of Canada or Ontario, which when registered has the effect of transferring, vesting or forfeiting registered land or an interest therein, shall be deemed to be an instrument for the purposes of subsection (1).  R.S.O. 1990, c. L.5, s. 77 (2). Certain instruments not within subs. (1) (3) An agreement or lease or other instrument in respect of which no provision is made by this Act for registration but which is filed in support of or mentioned in a caution, notice of lease or other notice authorized by this Act shall be deemed not to be registered nor to be an instrument for the purposes of subsection (1).  R.S.O. 1990, c. L.5, s. 77 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 50 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Registration
80 The land registrar may enter as owner of freehold or leasehold land or of a charge any person who is entitled to the land or charge through the death of the owner, although the deceased had not been registered as owner, or any person who is entitled by virtue of the exercise of a power conferred by a statute, will, deed or other instrument, whether the person so entitled claims directly from the deceased or directly under the power, or through any other person entitled by virtue of the death or power or through a succession of transfers or transmissions.  R.S.O. 1990, c. L.5, s. 80. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 52 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
81 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 where the part of the instrument does not, in the land registrar’s opinion, affect or relate to an interest in land.  R.S.O. 1990, c. L.5, s. 81; 1998, c. 18, Sched. E, s. 133. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 133 (1, 2) - 18/12/1998 2012, c. 8, Sched. 28, s. 53 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
82 Where an instrument made in accordance with the forms in use or sufficient to pass an estate or interest in land under the Registry Act deals with land under this Act, the land registrar may, in his or her discretion, register it under this Act and, when so registered, it has the same effect as if made in the prescribed form.  R.S.O. 1990, c. L.5, s. 82. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 53 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
83 No person authorized to take affidavits shall take an affidavit, (a)  as to the execution of an instrument to which he or she is a party; or (b)  as to the execution of an instrument unless the witness has subscribed on the instrument the witness’ name in his or her handwriting as witness.  R.S.O. 1990, c. L.5, s. 83.
84 Where an instrument, application or related attachment is written wholly or in part in a language other than English there shall be produced with the instrument, application 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. L.5, s. 84.
85 (1) Despite section 84, where an instrument, application or related attachment is in a prescribed form, the instrument or application may be registered or deposited, if, (a)  the instrument or application affects land in a land titles division or part thereof that is designated by regulation; and (b)  the instrument or application is otherwise acceptable for registration or deposit.  R.S.O. 1990, c. L.5, s. 85 (1). Regulations (2) The Minister may make regulations, (a)  prescribing the forms of instruments, applications and related attachments for the purpose of this section; (b)  prescribing a lexicon of French-English terms to be used in connection with the prescribed forms of instruments, applications and related attachments and deeming the corresponding forms of expression in the lexicon to have the same effect in law; (c)  designating land titles divisions or parts thereof for the purpose of this section; (d)  prescribing terms and conditions for the registration and deposit of instruments and applications under subsection (1); (e)  designating any Act for the purpose of the definition of “prescribed form” in subsection (3).  R.S.O. 1990, c. L.5, s. 85 (2); 1998, c. 18, Sched. E, s. 134 (1). Note:  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 subsection (2), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 134 (1), that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 134 (2). Definitions (3) In this section, “instrument” includes any plan submitted for registration or deposit under this Act; (“acte”) “prescribed form” means a form prescribed by a regulation made under this section or under any Act designated by a regulation made under clause (2) (e). (“formule prescrite”)  R.S.O. 1990, c. L.5, s. 85 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 134 (1) - 18/12/1998 Transfers
86 (1) A registered owner may transfer land or any part thereof in the prescribed manner.  R.S.O. 1990, c. L.5, s. 86 (1). Registering transferee as owner (2) The transfer shall be completed by the land registrar entering on the register the transferee as owner of the land transferred, and the transferor shall be deemed to remain owner of the land until the registration of the transfer has been completed in accordance with this Act.  R.S.O. 1990, c. L.5, s. 86 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 54 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
87 A transfer for valuable consideration of land registered with an absolute title, when registered, confers on the transferee an estate in fee simple in the land transferred, together with all rights, privileges and appurtenances, subject to, (a)  the encumbrances, if any, entered or noted on the register; and (b)  the liabilities, rights and interests, if any, as are declared for the purposes of this Act not to be encumbrances, unless the contrary is expressed on the register, and as to such rights, privileges and appurtenances, subject also to any qualifications, limitation or encumbrance to which the same are expressed to be subject in the register, or where such rights, privileges and appurtenances are not registered, then subject to any qualification, limitation or encumbrance to which the same are subject at the time of the transfer, but free from all estates and interests whatsoever, including estates and interests of Her Majesty, that are within the legislative jurisdiction of Ontario.  R.S.O. 1990, c. L.5, s. 87.
88 A transfer for valuable consideration of land registered with a qualified title, when registered, has the same effect as a transfer for valuable consideration of the same land registered with an absolute title, except that such transfer does not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted.  R.S.O. 1990, c. L.5, s. 88.
89 A transfer for valuable consideration of land registered with a possessory title does not affect or prejudice the enforcement of any right or interest adverse to or in derogation of the title of the first registered owner, and subsisting, or capable of arising, at the time of the first registration, but otherwise, when registered, has the same effect as a transfer for valuable consideration of the same land registered with an absolute title.  R.S.O. 1990, c. L.5, s. 89.
90 A transfer of registered land, made without valuable consideration, is subject, so far as the transferee is concerned, to any unregistered estates, rights, interests or equities subject to which the transferor held the same, but otherwise, when registered, in all respects, and in particular as respects any registered dealings on the part of the transferee, has the same effect as a transfer of the same land for valuable consideration.  R.S.O. 1990, c. L.5, s. 90.
91 A purchaser for valuable consideration when registered is not affected by the omission to send any notice directed to be given by this Act, or by the non-receipt thereof.  R.S.O. 1990, c. L.5, s. 91.