38 (1) A separate register of leasehold land shall be kept and, (a)  any person who has contracted to buy for the person’s own benefit leasehold land held under a lease for a life or lives, or determinable on a life or lives, or for a term of years of which at least twenty-one are unexpired, or in respect of which the lessee or the lessee’s assigns is or are entitled to a renewal term or succession of terms amounting with the part unexpired of the current term to at least twenty-one years, or to a renewal for a life or lives, whether or not subject to encumbrances; (b)  any person entitled for the person’s own benefit, at law or in equity, to leasehold land held under any such lease whether or not subject to encumbrances; or (c)  any person capable of disposing for the person’s own benefit by way of sale or leasehold land held under any such lease whether or not subject to encumbrances, may apply to the land registrar to be registered or to have registered in the person’s stead any nominee as owner of such leasehold land, with the addition, where the lease under which the land is held is derived immediately out of freehold land and the applicant is able to submit for examination the title of the lessor, of a declaration of the title of the lessor to grant the lease under which the land is held, if, in the case of leasehold land contracted to be bought, the vendor consents to the application.  R.S.O. 1990, c. L.5, s. 38 (1). Deposit of lease (2) Every applicant for registration of leasehold land shall deposit with the land registrar, (a)  the lease in respect of which the application is made; (b)  a notarial copy of the lease; or (c)  a notice that sets out the particulars of the lease in a manner specified by the Director of Titles.  2002, c. 18, Sched. E, s. 6 (1). Reference to “registered lease” (2.1) A reference in this Act to a “registered lease” is a reference to a lease, copy or notice deposited under subsection (2).  2002, c. 18, Sched. E, s. 6 (1). Where lease contains prohibition against alienation (3) Leasehold land held under a lease containing an absolute prohibition against alienation shall not be registered.  R.S.O. 1990, c. L.5, s. 38 (3). Where alienation permitted by licence (4) Leasehold land held under a lease containing a prohibition against alienation, without the licence of some other person, shall not be registered until provision is made in the prescribed manner for preventing alienation, without such licence by entry in the register of a restriction to that effect.  R.S.O. 1990, c. L.5, s. 38 (4). s. 30 to apply to leasehold land (5) Section 30 applies to leasehold as well as to freehold land.  R.S.O. 1990, c. L.5, s. 38 (5). Leasehold interests (6) A person may apply for registration of a leasehold interest under this section where the freehold title out of which the person’s interest is derived is registered under this Act.  R.S.O. 1990, c. L.5, s. 38 (6). Evidence of title required on application (7) An applicant or the applicant’s nominee shall not be registered as owner of leasehold land until the title to the land is approved by the land registrar and, if the applicant or nominee applies to be registered as owner of leasehold land with a declaration of the title of the lessor to grant the lease under which the land is held, shall not be registered with the declaration until the lessor, after an examination of the lessor’s title by the land registrar, is declared to have had an absolute or qualified title to grant the lease under which the land is held.  R.S.O. 1990, c. L.5, s. 38 (7). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 6 (1) - 26/11/2002 2012, c. 8, Sched. 28, s. 26 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Easements and Mining Rights