jswizzle3737/ontario_laws_and_regs huggingface dataset:
92 (1) In this section, “owner to uses” means a transferee registered under a transfer to uses; (“propriétaire du droit d’usage”) “transfer to uses” means a transfer expressed to be given to such uses as the transferee may appoint by transfer, charge or will; (“cession accordant un droit d’usage”) “unencumbered interest” means the interest that an owner to uses is capable of appointing. (“droit non grevé”)  R.S.O. 1990, c. L.5, s. 92 (1). Transfer to uses may be registered (2) A transfer to uses may be registered.  R.S.O. 1990, c. L.5, s. 92 (2). Exercise of power of appointment (3) An owner to uses may exercise the owner’s power of appointment by a transfer or charge in the prescribed form or by his or her will.  R.S.O. 1990, c. L.5, s. 92 (3). Charge does not exhaust power (4) An appointment by way of charge by an owner to uses does not exhaust the owner’s power of appointment.  R.S.O. 1990, c. L.5, s. 92 (4). Effect of cessation of charge (5) Despite the registration of a cessation of a charge, (a)  that was made by way of appointment by the owner to uses; or (b)  to which the land was subject when the person became the owner to uses, the owner to uses may exercise the owner’s power of appointment as though the charge had not been made.  R.S.O. 1990, c. L.5, s. 92 (5). Effect of default of appointment (6) An owner to uses who dies without having exercised the owner’s power of appointment by transfer, charge or will shall be deemed to have appointed the land by way of transfer to himself or herself immediately before his or her death.  R.S.O. 1990, c. L.5, s. 92 (6). Idem (7) An owner to uses who has appointed the land or a part thereof in respect of which he or she has a power of appointment by way of charge and who dies without having appointed by way of transfer or will shall be deemed to have appointed the unencumbered interest in the land by the way of transfer to himself or herself immediately before death.  R.S.O. 1990, c. L.5, s. 92 (7). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 55 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Charges and Encumbrances
99 (1) Subject to the Mortgages Act the registered owner of a registered charge that contains a power of sale, upon registering the evidence specified by the Director of Titles, may sell and transfer the interest in the land or any part thereof that is the subject of the charge in accordance with the terms of the power in the same manner as if the registered owner of the registered charge were the registered owner of the land to the extent of such interest therein.  R.S.O. 1990, c. L.5, s. 99 (1); 1998, c. 18, Sched. E, s. 137 (1). Compliance with Mortgages Act (1.1) The evidence specified by the Director of Titles under subsection (1) is conclusive evidence of compliance with Part III of the Mortgages Act and, where applicable, with Part II of that Act and, upon registration of a transfer under that subsection, is sufficient to give a good title to the purchaser.  1998, c. 18, Sched. E, s. 137 (2). Effect of sale by chargee (2) Upon the registration of a transfer under subsection (1) and upon satisfactory evidence being produced, the land registrar may delete from the register the entry of an instrument or writ appearing to rank subsequent to the charge under which the land is sold, and thereupon the interest of every person claiming under such subsequent instrument or writ ceases to affect the land.  R.S.O. 1990, c. L.5, s. 99 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 137 (1, 2) - 18/12/1998 2012, c. 8, Sched. 28, s. 57 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
100 No person, other than the registered owner of a registered charge, is entitled to register a transfer of the charge, but, subject to the maintenance of the right of such owner, unregistered interests in a registered charge may be created in the same manner and with the same incidents, so far as the difference of the subject-matter admits, in and with which unregistered estates and interests may be created in registered land.  R.S.O. 1990, c. L.5, s. 100.
101 (1) The registered owner of a registered charge may, in the prescribed manner, transfer the charge to another person as owner.  R.S.O. 1990, c. L.5, s. 101 (1). Transfer completed by entry on register (2) The transfer shall be completed by the land registrar entering on the register the transferee as owner of the charge transferred.  R.S.O. 1990, c. L.5, s. 101 (2). Effect of registration of transfer (3) The transfer, when registered, confers upon the transferee the ownership of the charge free from any unregistered interests therein, and the transfer of part of the sum secured by a charge confers upon the transferee the ownership of such part free from any unregistered interests therein.  R.S.O. 1990, c. L.5, s. 101 (3). As between chargor and chargee (4) Every transfer of a charge is subject to the state of account upon the charge between the chargor and the chargee.  R.S.O. 1990, c. L.5, s. 101 (4). Transferor deemed owner until registration (5) The transferor shall be deemed to remain owner of the charge until registration of the transfer of charge has been completed in accordance with this Act.  R.S.O. 1990, c. L.5, s. 101 (5). Transfer of part of a charge (6) The registered owner of a registered charge may transfer a part of the sum secured by the charge, and the part so transferred may be given priority over the remaining part, or may be deferred or may continue to rank equally with it as is stated in the transfer.  R.S.O. 1990, c. L.5, s. 101 (6). Transfer of charge may include provision to retransfer (7) A charge of a charge shall not be registered, but a charge may be transferred subject to a provision to retransfer it to the transferor of the charge upon the payment of a sum of money either with or without interest, or upon the performance of any other condition, and, until the charge has been retransferred, the transferee of the charge shall for the purposes of this Act be deemed to be the absolute owner thereof.  R.S.O. 1990, c. L.5, s. 101 (7). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 58 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
102 (1) The land registrar shall, on the requisition of the registered owner of land and on due proof of the satisfaction of a charge thereon, or may, on the requisition of the registered owner of a registered charge or of the personal representative of the registered owner of the registered charge or on the certificate of such registered owner or the personal representative of the registered owner of the satisfaction thereof, note on the register in the required manner the cessation of the charge, and thereupon the charge ceases.  R.S.O. 1990, c. L.5, s. 102 (1); 1998, c. 18, Sched. E, s. 138. Other encumbrances (2) The land registrar may in like manner and with the like effect note the cessation of any other encumbrance.  R.S.O. 1990, c. L.5, s. 102 (2). Partial cessation of charge (3) On the requisition or certificate of the registered owner of a registered charge or of the personal representative of such owner authorizing or certifying the discharge of any part of the land therefrom, the land registrar may note on the register the discharge of such land from the charge, and thereupon the charge ceases as to the land discharged.  R.S.O. 1990, c. L.5, s. 102 (3). Death of person certifying to cessation of charge (4) The death of the person who signed the requisition or certificate does not revoke or otherwise affect the discharge.  R.S.O. 1990, c. L.5, s. 102 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 138 - 18/12/1998 2012, c. 8, Sched. 28, s. 59 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
103 (1) Where, upon the first registration of land, notice of an encumbrance affecting the land has been entered on the register, the land registrar, on proof to his or her satisfaction of the discharge of the encumbrance, shall note in the required manner on the register the cessation of the encumbrance and thereupon the encumbrance ceases.  R.S.O. 1990, c. L.5, s. 103 (1); 1998, c. 18, Sched. E, s. 139. Note of discharge on requisition of mortgagee (2) On the requisition or certificate of a mortgagee whose mortgage was entered on the register on the first registration of the land, or the registered assignee thereof, or of the personal representative of such mortgagee or assignee, authorizing or certifying the discharge of the whole or a part of the land therefrom, or the discharge of the whole or a part of the money thereby secured, the land registrar may note on the register the discharge of the land from the mortgage or the discharge of the part of the money, and thereupon the encumbrance ceases as to the land or money discharged.  R.S.O. 1990, c. L.5, s. 103 (2). Death of person after signing requisition (3) The death of the person who signed the requisition or certificate does not revoke or otherwise affect it.  R.S.O. 1990, c. L.5, s. 103 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 139 - 18/12/1998 2012, c. 8, Sched. 28, s. 60 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
104 Where it appears to the satisfaction of the land registrar that a lien under the Construction Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980, has ceased to exist, he or she may make an entry in the register cancelling the claim, and thereupon the claim ceases to affect the land.  R.S.O. 1990, c. L.5, s. 104; 1993, c. 27, Sched.; 2017, c. 24, s. 76 (1). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2012, c. 8, Sched. 28, s. 61 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2017, c. 24, s. 76 (1, 2) - 01/07/2018; 2017, c. 24, s. 76 (3)
- no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Leasehold Interests
105 (1) A registered owner of leasehold land may, in the prescribed manner, transfer the whole of that registered owner’s estate in the land or in a part thereof.  R.S.O. 1990, c. L.5, s. 105 (1); 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 140. Transferor deemed owner until registration (2) The transfer shall be completed by the land registrar entering on the register the transferee as owner of the leasehold land transferred and, until the registration of the transfer has been completed in accordance with this Act, the transferor shall be deemed to remain owner.  R.S.O. 1990, c. L.5, s. 105 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 140 - 18/12/1998 2012, c. 8, Sched. 28, s. 62 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
106 A transfer for valuable consideration of leasehold land registered with a declaration that the lessor had an absolute title to grant the lease under which the land is held, when registered, vests in the transferee the land transferred for all the leasehold estate described in the registered lease relating to such land and then unexpired, with all implied or expressed rights, privileges and appurtenances, free from all estates and interests whatsoever, including any 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 estate. 2.  The encumbrances, if any, entered or noted 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.  R.S.O. 1990, c. L.5, s. 106.
107 A transfer for valuable consideration of leasehold land, registered without a declaration of the title of the lessor, does not affect 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 otherwise, when registered, has the same effect as a transfer for valuable consideration of the same land registered 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. 107.
108 A transfer for valuable consideration of leasehold land, registered with a declaration that the lessor had a qualified title to grant the lease under which the land is held, when registered, has the same effect as a transfer for valuable consideration of the same land registered with a declaration that the lessor had an absolute title to grant the lease under which the land is held, except that such transfer does not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted from the effect of registration.  R.S.O. 1990, c. L.5, s. 108.
109 A transfer of registered leasehold 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 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. 109. 110 Repealed:  1998, c. 18, Sched. E, s. 141 (1). Note:  Despite the repeal of section 110, subsection 110 (1), as it read immediately before December 18, 1998, continues to apply to a transfer of registered leasehold land that was executed before September 6, 1984, in the case of land in the County of Oxford as it existed on December 31, 1980, or before January 17, 1985, in the case of land elsewhere in Ontario.  See:  1998, c. 18, Sched. E, s. 141 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 141 (1) - 18/12/1998
112 The land registrar, on proof to his or her satisfaction of the determination of a lease of registered land existing at first registration, shall note on the register the determination of the lease.  R.S.O. 1990, c. L.5, s. 112. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 64 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 113-117 Repealed:  1998, c. 18, Sched. E, s. 143. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 143 - 16/02/1999 Restrictions, etc.
118 (1) Where the registered owner of freehold or leasehold land or of a charge desires to impose restrictions on transferring or charging the land or charge, the registered owner may apply to the land registrar to make an entry on the register that no transfer shall be made or charge created unless the following things, or such of them as the owner determines, are done: 1.  Notice of an application for a transfer or for the creation of a charge is transmitted by registered mail to such address as the registered owner specifies to the land registrar. 2.  The consent of some person or persons, to be named by the registered owner, is given to the transfer or the creation of a charge. 3.  Some other matter or thing is done as is required by the registered owner and approved by the land registrar.  R.S.O. 1990, c. L.5, s. 118 (1). Land registrar to enter restrictions in register (2) If the land registrar is satisfied of the right of the applicant to impose such restrictions, he or she shall make a note of them on the register and no transfer shall be made or charge created except in conformity therewith.  R.S.O. 1990, c. L.5, s. 118 (2). Discretion of the land registrar (3) The land registrar is not required to enter a note of a restriction, except upon such terms as to payment of the fees and otherwise that are required, or to enter a note of a restriction that he or she considers unreasonable or calculated to cause inconvenience.  R.S.O. 1990, c. L.5, s. 118 (3); 1998, c. 18, Sched. E, s. 144. Restrictions may be withdrawn or set aside (4) Any such restriction may at any time be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested in the restriction, and is also subject to be set aside by the court.  R.S.O. 1990, c. L.5, s. 118 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 144 - 18/12/1998 2012, c. 8, Sched. 28, s. 65 (1-5) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Conditions, restrictions, covenants, etc.
119.1 A person entitled to an estate in dower in registered land may apply in the prescribed manner to the land registrar to register notice of such estate, and the land registrar, if satisfied of the title of such person to such estate, shall register notice of the same accordingly in the prescribed form and, when so registered, such estate is an encumbrance appearing on the register and shall be dealt with accordingly.  1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 145. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 145 - 18/12/1998 2012, c. 8, Sched. 28, s. 67 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Death of Registered Owner
120 On the death of the sole registered owner or of the survivor of several joint registered owners of freehold land, such person shall be registered as owner in the place of the deceased owner or owners as may, on the application of any person interested in the land, be appointed by the land registrar, regard being had to the rights of the several persons interested in the land and in particular to the selection of any such person as for the time being appears to the land registrar to be entitled according to law to be so appointed, subject to an appeal to the Divisional Court in the prescribed manner by any person aggrieved by an order of the land registrar under this section.  R.S.O. 1990, c. L.5, s. 120. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 67 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
121 On the death of the sole registered owner or of the survivor of several joint registered owners of leasehold land or of a charge, the executor, administrator or estate trustee of the deceased is entitled to be registered as owner in the place of the deceased.  1998, c. 18, Sched. E, s. 146. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 146 - 18/12/1998
122 Where two or more persons holding as tenants in common have been entered as owners of land or a charge and one of them dies, his or her personal representative, or such other person as is entitled to the share of the deceased, may be entered as owner with the survivor or survivors.  R.S.O. 1990, c. L.5, s. 122.
123 Where one of two or more persons who are registered as the owners of land as joint tenants or as the owners of a charge on a joint account with right of survivorship has died and it appears from the parcel register that the interest of the deceased owner has passed by right of survivorship to the surviving owner or owners, the land registrar may, upon receipt of an application containing the evidence specified by the Director of Titles, delete the name of the deceased owner from the parcel register.  R.S.O. 1990, c. L.5, s. 123; 2000, c. 26, Sched. B, s. 12 (7). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 12 (7) - 06/12/2000 2012, c. 8, Sched. 28, s. 68 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
124 The fact of a person having become entitled to land or a charge in consequence of the death of a registered owner shall be proved in the manner specified by the Director of Titles.  R.S.O. 1990, c. L.5, s. 124; 2000, c. 26, Sched. B, s. 12 (8). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 12 (8) - 06/12/2000 2012, c. 8, Sched. 28, s. 69 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
125 Where land has been transferred to a person beneficially entitled thereto within three years after the death of the registered owner or has become vested in the person beneficially entitled thereto under the Estates Administration Act, the land registrar, upon application and the production of evidence specified by the Director of Titles showing that all debts of the deceased registered owner have been paid and that creditors have been notified, may, (a)  where the person beneficially entitled is shown on the register as owner of the land and the register shows that the land is subject to the unpaid debts of the deceased registered owner, delete the reference to the unpaid debts from the register; or (b)  register the person beneficially entitled to the land without reference to the unpaid debts of the deceased registered owner.  R.S.O. 1990, c. L.5, s. 125; 2000, c. 26, Sched. B, s. 12 (9). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 12 (9) - 06/12/2000 2012, c. 8, Sched. 28, s. 70 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 126 Repealed:  2009, c. 34, Sched. T, s. 2 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 147 - 18/12/1998 2002, c. 18, Sched. E, s. 6 (7, 8) - 26/11/2002 2009, c. 34, Sched. T, s. 2 (2) - 15/12/2009
127 (1) A person claiming to be entitled to freehold or leasehold land, or to an interest in it capable of being registered, or to a charge as devisee, heir, executor, administrator or estate trustee of a person who might have been registered under section 66, or a person claiming through the person claiming to be so entitled may apply to be registered as owner of the land, interest or charge and, if no conflicting registration has been made, may be so registered subject to section 66 and this section.  1998, c. 18, Sched. E, s. 148 (1). Mode of entry (2) On registering the applicant, the land registrar shall, so far as practicable, enter on the register short particulars of every instrument or other title under which the right is conferred, as if such instrument had been duly presented for registration, or application for entry of transmission had been made in the proper order of time, and, as a preliminary step to the registration of the applicant, may enter an intermediate transferee, heir, executor, administrator or estate trustee as registered owner where that method is more convenient.  R.S.O. 1990, c. L.5, s. 127 (2); 1998, c. 18, Sched. E, s. 148 (2). All persons entitled must apply (3) No application by a person claiming through or under a deceased person shall be allowed unless all the persons entitled to the whole of the estate of the deceased in the land are to be entered as owners.  R.S.O. 1990, c. L.5, s. 127 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 148 (1, 2) - 18/12/1998 2012, c. 8, Sched. 28, s. 71 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Caution, etc.
128 (1) A person claiming to have an interest in registered land or in a registered charge of which the person is not the registered owner may apply to the land registrar for the registration of a caution to the effect that no dealing with the land or charge be had on the part of the registered owner or other person named in the caution without the consent of the cautioner.  R.S.O. 1990, c. L.5, s. 128 (1). Caution by registered owner (2) Where the registered owner of freehold or leasehold land or of a charge has executed a transfer or a charge of the land or a transfer of the charge but claims that on account of special circumstances shown by affidavit the transferee or chargee should not be registered without the consent of the registered owner, the land registrar may permit the registration of a caution by the registered owner.  R.S.O. 1990, c. L.5, s. 128 (2). When no caution (3) A person interested under a lease or agreement for a lease of which notice has been entered on the register is not entitled to register a caution in respect of the lease or agreement.  R.S.O. 1990, c. L.5, s. 128 (3). Expiry (4) A caution registered under this section on or after June 16, 1999 ceases to have effect 60 days from the date of its registration and may not be renewed.  1998, c. 18, Sched. E, s. 149. (5) Repealed:  1998, c. 18, Sched. E, s. 149 (1). Note:  A caution registered under section 128 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. 149 (1, 2) - 16/06/1999 2012, c. 8, Sched. 28, s. 72 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
130 A second caution by the same cautioner or by any other person in respect of the same matter shall not be registered or have any effect except with the permission of the land registrar, which may be given either upon terms or without terms as the land registrar considers proper.  R.S.O. 1990, c. L.5, s. 130. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 74 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
131 Every caution shall be supported by either an affidavit in the prescribed form or a statement in a form specified by the Director, stating the nature of the interest of the cautioner, the land to be affected by the caution and such other matters as are prescribed.  R.S.O. 1990, c. L.5, s. 131; 2002, c. 18, Sched. E, s. 6 (9). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 6 (9) - 26/11/2002 2012, c. 8, Sched. 28, s. 74 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
132 A person who registers a caution without reasonable cause is liable to make to any person who may sustain damage by its registration such compensation as is just, and the compensation shall be deemed to be a debt due from the person who has registered the caution to the person who has sustained damage.  R.S.O. 1990, c. L.5, s. 132.
133 A caution does not prejudice the claim or title of any person and has no effect except as in this Act provided.  R.S.O. 1990, c. L.5, s. 133. 134 Repealed:  1998, c. 18, Sched. E, s. 151 (1). Note:  A caution registered under section 134 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. 151 (1) - 16/06/1999
135 (1) Where timber standing upon registered land is sold under an agreement in writing, the purchaser, instead of registering a caution, may deposit the agreement with the land registrar, and the land registrar, upon proof of the due execution thereof by the owner, shall register it as an encumbrance on the land by entering a note on the register referring to the instrument and giving shortly its effect.  R.S.O. 1990, c. L.5, s. 135 (1). Address for service (2) When registering the agreement, the purchaser shall by memorandum endorsed thereon or annexed thereto give the purchaser’s address for service.  R.S.O. 1990, c. L.5, s. 135 (2). Discharge by consent (3) The registration of such an agreement may be vacated upon the consent in writing of the purchaser verified by an affidavit of execution.  R.S.O. 1990, c. L.5, s. 135 (3). Discharge by land registrar (4) The registration of such an agreement may also be vacated if the purchaser fails, for the period of one month from the date of the mailing of the notice provided for in subsection (5), to satisfy the land registrar that the purchaser still has rights under the agreement.  R.S.O. 1990, c. L.5, s. 135 (4). Notice (5) Upon proof to his or her satisfaction that the rights of the purchaser are at an end, the land registrar shall send a notice by registered mail addressed to the purchaser at the purchaser’s address for service, warning the purchaser that the agreement will cease to have effect after the expiration of one month from the mailing of the notice unless good cause for its continuance is shown.  R.S.O. 1990, c. L.5, s. 135 (5). Removal of entry of timber agreement from register ten years after expiry (6) At any time after ten years from the expiry date of an agreement or renewal thereof of which notice has been registered under this section, the land registrar may, upon application and without notice to the purchaser, delete from the register the entry of the notice of agreement or of the renewal.  R.S.O. 1990, c. L.5, s. 135 (6). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 75 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Executions
137 Where a person applies for registration of an instrument and claims that a writ apparently affecting land does not affect the land or a charge thereon, the person shall produce such evidence thereof as the land registrar considers necessary, and the land registrar may require all parties interested to be notified of the application and may himself or herself decide the question or may direct an issue to be tried or a case to be stated and may make such order as to costs as the land registrar considers just.  R.S.O. 1990, c. L.5, s. 137. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 77 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
138 (1) The seizure under execution or other process of a mortgage or charge or of leasehold land registered under this Act does not take effect until a certificate of the sheriff or other officer that he or she has taken the mortgage, charge or leasehold land under such process against the registered owner thereof is lodged with the land registrar.  R.S.O. 1990, c. L.5, s. 138 (1). Contents of certificate (2) The certificate shall state the number of the parcel under which the land affected is registered and the name of the owner and shall be entered by the land registrar in the register.  R.S.O. 1990, c. L.5, s. 138 (2). Application of section (3) This section does not apply where the steps prescribed by section 23 of the Execution Act have been taken with respect to a mortgage or charge.  R.S.O. 1990, c. L.5, s. 138 (3); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2012, c. 8, Sched. 28, s. 78 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Trustee Act, Applicability
139 All the provisions of the Trustee Act that are not inconsistent with the provisions of this Act apply to land and charges registered under this Act, but this enactment does not prejudice the applicability to such land and charges of any provisions of that Act relating to land or choses in action.  R.S.O. 1990, c. L.5, s. 139. PART VIII   DESCRIPTIONS OF LAND AND REGISTERED PLANS
140 (1) Registered land shall be described in such manner as the land registrar considers is best calculated to secure accuracy.  R.S.O. 1990, c. L.5, s. 140 (1). Description not conclusive (2) The description of registered land is not conclusive as to the boundaries or extent of the land.  R.S.O. 1990, c. L.5, s. 140 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 79 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
141 (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. L.5, s. 141 (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. L.5, s. 141 (2); 1998, c. 18, Sched. E, s. 153 (1); 2000, c. 26, Sched. B, s. 12 (10). Property maps (3) The Director of Titles shall, in the required manner, prepare property maps showing all properties and prepare all other maps as are required.  1998, c. 18, Sched. E, s. 153 (2); 2000, c. 26, Sched. B, s. 12 (11). 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. L.5, s. 141 (4); 1998, c. 18, Sched. E, s. 153 (3); 2000, c. 26, Sched. B, s. 12 (11). Parcel register (5) The land registrar shall, in the required manner, create and maintain an index in automated form known as the parcel register and enter every instrument that affects a property in the parcel register under the property identifier assigned to that property.  R.S.O. 1990, c. L.5, s. 141 (5); 1998, c. 18, Sched. E, s. 153 (4). Other indexes and records (6) The land registrar shall, in the required manner, maintain all other indexes and records as are required.  1998, c. 18, Sched. E, s. 153 (5). 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 parcel register under the property identifiers for the properties affected by the instruments.  R.S.O. 1990, c. L.5, s. 141 (7); 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 153 (6); 2000, c. 26, Sched. B, s. 12 (10). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 153 (1-6) - 18/12/1998 2000, c. 26, Sched. B, s. 12 (10, 11) - 06/12/2000 2012, c. 8, Sched. 28, s. 80 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
142 (1) Repealed:  1998, c. 18, Sched. E, s. 154 (1). Brief description and property identifier, etc. (2) A document shall not be registered unless it contains, (a)  a reference to the parcel number, if any, of the land it affects; (b)  a reference to the lot, part lot or other unit on the plan or concession it affects; (c)  where the document deals with part of a property or part of a parcel, a registrable description of the land it affects; and (d)  the property identifier, if any, assigned under subsection 141 (2) or (4) to the property it affects.  R.S.O. 1990, c. L.5, s. 142 (2). Exceptions (3) Subsection (2) does not apply to an instrument that is, (a)  a plan; or (b)  one of a specified class of instruments.  R.S.O. 1990, c. L.5, s. 142 (3); 1998, c. 18, Sched. E, s. 154 (2). Idem (4) Clauses (2) (b) and (c) do not apply to an instrument that is a discharge of charge purporting to discharge a charge completely.  R.S.O. 1990, c. L.5, s. 142 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 154 (1, 2) - 18/12/1998
143 No alteration shall be made in the registered description of land, except under an order of the court or under subsection 57 (13), subsection 145 (6) or section 158 or 161 or by way of explanation, but this section does not extend to registered dealings with registered land in separate parcels, although the land was originally registered as one parcel.  R.S.O. 1990, c. L.5, s. 143.
144 (1) Except as provided by subsection (2), where land described in a description as defined in the Condominium Act, 1998 or shown on a plan of subdivision is situate in a land titles division, the description along with the appropriate declaration or the plan of subdivision, as the case may be, shall be registered under this Act with an absolute title.  R.S.O. 1990, c. L.5, s. 144 (1); 2004, c. 19, s. 13 (2); 2009, c. 33, Sched. 17, s. 5 (17). Exception to subs. (1) (2) A plan of subdivision may be registered under the Registry Act where, (a)  the plan is presented and accepted for registration within six months after the operation of this Act was extended to the area in which the land is situate; (b)  the registration under this Act of the land included in the plan would, in the opinion of the Director of Titles, result in an unreasonable delay in the registration of the plan; or (c)  a regulation made under subsection (3) applies to the land shown on the plan.  R.S.O. 1990, c. L.5, s. 144 (2). Exception by regulation (3) The Minister may make regulations designating such land titles divisions, or parts thereof, as are specified in the regulations as areas within which subsection (1) does not apply and such designation may be limited to a specified period or may expire on a specified date.  R.S.O. 1990, c. L.5, s. 144 (3); 1998, c. 18, Sched. E, s. 155. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 155 - 18/12/1998 2004, c. 19, s. 13 (2)
- 30/11/2004 2009, c. 33, Sched. 17, s. 5 (17) - 15/12/2009 2012, c. 8, Sched. 28, s. 81 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
145 (1) Every plan submitted for registration or for deposit shall be prepared in accordance with the regulations.  R.S.O. 1990, c. L.5, s. 145 (1). Subdivision plans to be registered (2) Where land is being subdivided for the purpose of being sold or conveyed in lots, the person making the subdivision shall register in the proper land titles office a plan of the land prepared by an Ontario land surveyor.  R.S.O. 1990, c. L.5, s. 145 (2). Signature to be affixed to plan (3) The person by whom or on whose behalf a plan is registered shall sign the plan.  R.S.O. 1990, c. L.5, s. 145 (3). Additional information (4) The land registrar, before accepting a plan for registration, may require evidence to be given him or her explaining any seeming discrepancy between the measurements on the plan and the description of the land in the register, or the land registrar may require evidence to be given respecting any other matter of which he or she requires explanation.  R.S.O. 1990, c. L.5, s. 145 (4). True copy of plan (5) The Director of Titles may direct that a true copy of a plan or a part of a plan registered or deposited in a land registry office for a land titles division be made under the direction of the examiner of surveys, who shall certify thereon that it is a true copy of the plan or of a part of a plan, as the case may be, and 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. L.5, s. 145 (5). Correction of plan (6) An error, defect or omission in a registered or deposited plan may be corrected in accordance with the regulations.  R.S.O. 1990, c. L.5, s. 145 (6). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 82 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
146 Section 88 of the Registry Act applies with necessary modifications to land registered under this Act.  R.S.O. 1990, c. L.5, s. 146.
147 (1) Where land has been or is granted by the Crown under the Public Lands Act
and a plan of subdivision of the land has not been registered, an application on behalf of the Minister of Natural Resources may be made to the land registrar to register a composite plan showing the land, and the boundaries of the lots or blocks shown thereon shall be deemed to be the true boundaries of the lots or blocks.  R.S.O. 1990, c. L.5, s. 147 (1). Idem (2) Every composite plan shall conform as nearly as may be to a plan of subdivision under section 145 except that it shall be signed by the Surveyor General or his or her deputy on behalf of all persons having an interest in the land shown thereon.  R.S.O. 1990, c. L.5, s. 147 (2). Subsequent severance (3) A subsequent severance from land shown on a plan registered under subsection (1) may be delineated by an Ontario land surveyor upon a duplicate of the plan so registered.  R.S.O. 1990, c. L.5, s. 147 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 83 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 148 Repealed:  2002, c. 18, Sched. E, s. 6 (11). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 6 (11) - 26/11/2002
149 (1) Where land in an unsurveyed township in a territorial district has been or is granted by the Crown and the land is subsequently surveyed and laid out into lots and concessions in whole or in part, the survey shall be made in accordance with the provisions of the Surveys Act as made applicable by the terms of the patent or order in council granting the land, and the plan of survey shall be registered in the proper land registry office.  R.S.O. 1990, c. L.5, s. 149 (1). Requirements as to plan (2) Such plan shall be prepared as nearly as may be in accordance with section 145.  R.S.O. 1990, c. L.5, s. 149 (2).
150 (1) A transfer or charge of freehold or leasehold land shall not be registered unless a plan of the land prepared by an Ontario land surveyor, to be known as a reference plan, has been deposited for record in the land registry office.  R.S.O. 1990, c. L.5, s. 150 (1). Saving (2) Subsection (1) does not apply to a transfer or charge, (a)  of the whole of a registered parcel of land according to the parcel register; (b)  of the whole of a lot, block, street, lane, reserve or common according to a registered plan of subdivision or composite plan; or (c)  of the whole of a part according to a previously recorded reference plan of survey.  R.S.O. 1990, c. L.5, s. 150 (2). Idem (3) The land registrar, having regard to the circumstances, may order that subsection (1) does not apply in the case of a transfer or charge mentioned in the order.  R.S.O. 1990, c. L.5, s. 150 (3). Boundaries (4) New boundaries that are created by a severance shown on a reference plan and referred to or incorporated by reference in a registered instrument signed by the registered owner of the land shall be deemed to be true and unalterable boundaries and to be defined by the monuments shown thereon, but such monuments do not change or alter the position of any previously established boundary or prejudice prior registered rights or interests.  R.S.O. 1990, c. L.5, s. 150 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 83 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
151 (1) Where a plan of subdivision lays out a part of the land as a street, road, lane or common, it shall not be registered except on the application of the owner of the land subdivided with the consent in writing of all persons who are registered as mortgagees or chargees thereof.  R.S.O. 1990, c. L.5, s. 151 (1). Effect of chargee’s consent (2) The consent of a chargee to a plan of subdivision, when registered, discharges from the charge any land dedicated by the owner as a public highway and any land designated as a reserve that is transferred to the corporation of the municipality in which the land is situate.  R.S.O. 1990, c. L.5, s. 151 (2). Claim under Family Law Act (3) 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. L.5, s. 151 (3); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
152 (1) Where a street, road or lane laid out on a plan registered in a land registry office has become a public highway and has thereby become vested in a municipal corporation, the municipal corporation may apply to the land registrar to be entered as the owner thereof.  R.S.O. 1990, c. L.5, s. 152 (1). Entry as owner of transferee from a municipal corporation of closed-up highway (2) Where a highway or part of it has been closed by the action of a municipal council and the highway or part of it has been transferred by the municipal corporation without the municipal corporation having been entered as owner of it, the transferee may apply to be entered as owner of the highway or part of it transferred to the transferee and, upon due proof of the facts, the land registrar may enter such transferee as owner.  R.S.O. 1990, c. L.5, s. 152 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 84 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
153 (1) No plan of survey or subdivision to which the Planning Act applies shall be registered unless approved under that Act.  R.S.O. 1990, c. L.5, s. 153 (1). Idem (2) Composite plans registered under section 147 are not subject to the provisions of the Planning Act
with respect to approval thereof.  R.S.O. 1990, c. L.5, s. 153 (2).
154 A registered plan shall not be amended except under subsection 145 (6) or under section 146.  R.S.O. 1990, c. L.5, s. 154. PART IX   FRAUD
155 Subject to this Act, a fraudulent instrument that, if unregistered, would be fraudulent and void is, despite registration, fraudulent and void in like manner.  2006, c. 34, s. 15 (11). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 15 (11) - 20/12/2006
156 (1) A person is guilty of an offence if the person fraudulently procures or attempts to fraudulently procure a fraudulent entry on the register, an erasure or deletion from the register or an alteration of the register.  2006, c. 34, s. 15 (11). Penalty (2) 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, 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 (11). Order for compensation or restitution (3) 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. 15 (11). Limitation (4) 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. 15 (11). Evidence (5) 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, is, without proof of the Director’s office or signature, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it.  2006, c. 34, s. 15 (11). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 15 (11)
- 20/12/2006 2012, c. 8, Sched. 28, s. 85 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022