jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “court”, except if the context otherwise requires, means the Superior Court of Justice; (“tribunal”) “facsimile” means an accurate reproduction of a book, document or record and includes a print from microfilm and a printed copy generated by or produced from a computer record; (“fac-similé”) “fraudulent instrument” means an instrument, (a)  under which a fraudulent person purports to receive or transfer an estate or interest in land, (b)  that is given under the purported authority of a power of attorney that is forged, (c)  that is a transfer of a charge where the charge is given by a fraudulent person, or (d)  that perpetrates a fraud as prescribed with respect to the estate or interest in land affected by the instrument; (“acte frauduleux”) “fraudulent person” means a person who executes or purports to execute an instrument if, (a)  the person forged the instrument, (b)  the person is a fictitious person, or (c)  the person holds oneself out in the instrument to be, but knows that the person is not, the registered owner of the estate or interest in land affected by the instrument; (“fraudeur”) “land” means land, tenements, hereditaments and appurtenances and any interest therein; (“bien-fonds”) “land registrar” means a land registrar appointed under the
Registry Act, in whose land titles division land affected or intended to be affected by any proceeding, instrument, application or plan is or may be registered or deposited; (“registrateur”) “lot” includes a block, reserve and any other delineation of land on a plan; (“lot”) “Minister” means the Minister of Government Services or whatever other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”) “owner” means an owner in fee simple; (“propriétaire”) “plan” means a plan that is drawn in accordance with the regulations; (“plan”) “prescribed” means prescribed by this Act or by the regulations; (“prescrit”) “property” means land designated as a property under subsection 141 (2) or (4); (“unité foncière”) “registered” means registered under this Act; (“enregistré”) “regulations” means the regulations made under this Act and paragraph 7 of subsection 102 (1) or section 103 of the Registry Act. (“règlements”)  R.S.O. 1990, c. L.5, s. 1; 1998, c. 18, Sched. E, s. 102; 2000, c. 26, Sched. B, s. 12 (1); 2001, c. 9, Sched. D, s. 13; 2006, c. 34, s. 15 (1); 2012, c. 8, Sched. 28, s. 1 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 102 - 18/12/1998 2000, c. 26, Sched. B, s. 12 (1) - 06/12/2000 2001, c. 9, Sched. D, s. 13 - 29/06/2001 2006, c. 34, s. 15 (1)
- 20/12/2006 2012, c. 8, Sched. 28, s. 1 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022; 2012, c. 8, Sched. 28, s. 1 (3) - 13/10/2020 2 Repealed: 2012, c. 8, Sched. 28, s. 2. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 2 - 13/10/2020 PART II   ORGANIZATION AND ADMINISTRATION Application of Act
3 (1) This Act applies to such parts of Ontario as are designated by regulation.  R.S.O. 1990, c. L.5, s. 3 (1). Regulations (2) The Minister may by regulation, (a)  designate the parts of Ontario to which this Act applies; (b)  describe the land titles divisions; and (c)  make any change in the boundaries of the land titles divisions.  R.S.O. 1990, c. L.5, s. 3 (2); 1998, c. 18, Sched. E, s. 103; 2012, c. 8, Sched. 28, s. 3 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 103 - 18/12/1998 2012, c. 8, Sched. 28, s. 3 (1) - 13/10/2020; 2012, c. 8, Sched. 28, s. 3 (2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
4 (1) The Minister may by regulation, (a)  combine two land titles divisions into one land titles division; (b)  divide a land titles division into two or more land titles divisions; (c)  annex a part of a land titles division to an adjoining land titles division; (d)  designate the names by which land titles divisions shall be known; (e)  provide for the transfer of records and documents relating to land in a land titles division that is combined, divided or in part annexed by a regulation under clause (a), (b) or (c).  R.S.O. 1990, c. L.5, s. 4 (1); 1998, c. 18, Sched. E, s. 104. Idem (2) No alteration in the boundaries of any riding, electoral district or municipality alters or affects the boundaries of any land titles division.  R.S.O. 1990, c. L.5, s. 4 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 104 - 18/12/1998 2012, c. 8, Sched. 28, s. 4 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
5 A land registrar appointed for a land titles division may appoint as his or her representative one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the land registrar may delegate to his or her representative the powers, duties and functions under this Act that the land registrar specifies.  2006, c. 35, Sched. C, s. 58 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 105 - 18/12/1998 2006, c. 35, Sched. C, s. 58 (1) - 20/08/2007 2012, c. 8, Sched. 28, s. 4 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
6 (1) Every land titles office, including every combined registry office and land titles office, shall be known as a land registry office.  R.S.O. 1990, c. L.5, s. 6 (1). Land titles system (2) The system of registration under this Act shall be known as the land titles system.  R.S.O. 1990, c. L.5, s. 6 (2).
7 Upon receiving an instrument for registration or deposit, the land registrar shall record it and the fee charged in a manner approved by the Director of Land Registration.  R.S.O. 1990, c. L.5, s. 7. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 5 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Officers, etc.
8 The Director of Land Registration appointed under the Registry Act has general supervision and control over land registry offices for land titles divisions and the system for registration therein and, subject to this Act and the regulations, has similar powers and duties as he or she has under section 97 of the Registry Act, and such other duties as he or she is required to perform by the Minister.  R.S.O. 1990, c. L.5, s. 8; 1998, c. 18, Sched. E, s. 106. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 106 - 18/12/1998 2012, c. 8, Sched. 28, s. 5 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
9 (1) The Deputy Minister may appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 who is a barrister and solicitor to be the Director of Titles.  1998, c. 18, Sched. E, s. 107; 2000, c. 26, Sched. B, s. 12 (2); 2006, c. 35, Sched. C, s. 58 (2). Note:  Despite the amendment to subsection (1) by subsection 12 (2) of Schedule B of the Red Tape Reduction Act, 2000, the Director of Titles in office immediately before December 6, 2000 shall continue in office until the Deputy Minister appoints a successor.  See:  2000, c. 26, Sched. B, s. 12 (3). Representatives (2) The Director of Titles may appoint as his or her representative one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the Director may delegate to a representative the powers, duties and functions under this or any other Act that the Director specifies.  2006, c. 35, Sched. C, s. 58 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 107 - 18/12/1998 2000, c. 26, Sched. B, s. 12 (2) - 06/12/2000 2006, c. 35, Sched. C, s. 58 (2, 3) - 20/08/2007 2012, c. 8, Sched. 28, s. 6 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Director of Titles: authority, hearings
10 (1) The Director of Titles has the authority to determine any matter relating to titles of land to which this Act applies.  R.S.O. 1990, c. L.5, s. 10 (1). (2) Repealed:  1998, c. 18, Sched. E, s. 108 (1). Hearing before Director (3) If under this Act the land registrar is authorized to determine any matter, the Director of Titles may determine the matter at a hearing.  2009, c. 33, Sched. 17, s. 5 (1). Place for hearing (4) A hearing held under this Act may be held at the local land registry office, the office of the Director of Titles or some other location in Ontario that the hearing officer chooses, having regard to the circumstances of the case.  1998, c. 18, Sched. E, s. 108 (2). Notices of hearing (5) The Director of Titles shall serve or cause to be served notices of a hearing to be held by the Director of Titles under this Act and may direct a land registrar to serve any notice of a hearing required to be served under this Act and the land registrar shall comply with the direction.  2009, c. 33, Sched. 17, s. 5 (2). Registration of order of Director (6) Any order of the Director of Titles shall, upon his or her request, be registered, without fee, by the land registrar, who shall make such entries in or amendments to the register of the title of the land affected by the order as may be required by the Director in the order.  R.S.O. 1990, c. L.5, s. 10 (6). First registration (7) The Director of Land Registration and the Director of Titles shall perform such functions relating to the first registration of land under this Act as are required.  R.S.O. 1990, c. L.5, s. 10 (7); 1998, c. 18, Sched. E, s. 108 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 108 (1-3) - 18/12/1998 2009, c. 33, Sched. 17, s. 5 (1, 2) - 15/12/2009 2012, c. 8, Sched. 28, s. 7 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
11 (1) The Minister may make regulations transferring to the Director of Land Registration any function of the Director of Titles that is essentially of an administrative nature under any Act.  R.S.O. 1990, c. L.5, s. 11 (1). Where transfer not exclusive (2) A transfer of a function in a regulation made under subsection (1) may, where it expressly so states, retain to the Director of Titles concurrent authority to perform the function transferred.  R.S.O. 1990, c. L.5, s. 11 (2). Statutory references (3) A regulation made under subsection (1) shall identify each function to be transferred by citing the relevant statutory provision.  R.S.O. 1990, c. L.5, s. 11 (3). Deemed amendments (4) Where a function has been transferred, the statutory provision cited and the related provisions of any regulation shall thereafter be read and construed as though “Director of Land Registration” had been substituted for “Director of Titles”.  R.S.O. 1990, c. L.5, s. 11 (4). Idem (5) Where a function has been transferred and subsection (2) applies, the statutory provision cited and the related provisions of any regulation shall thereafter be read and construed as though “Director of Land Registration and Director of Titles” had been substituted for “Director of Titles”.  R.S.O. 1990, c. L.5, s. 11 (5). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 8 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
12 (1) Where a dispute arises in regard to any question of fees under this Act, the land registrar shall forthwith submit the dispute to the Director of Land Registration, and shall thereupon notify the person interested or the person’s agent of such submission, and the decision of the Director of Land Registration upon the question submitted is final, unless appealed from and varied upon appeal as hereinafter mentioned.  R.S.O. 1990, c. L.5, s. 12 (1). Reduction of fees (2) Where, in the opinion of the Director of Land Registration, a fee payable under this Act is unduly excessive, having regard to all the circumstances, the Director of Land Registration may reduce the fee to such amount as he or she considers appropriate.  R.S.O. 1990, c. L.5, s. 12 (2). Decisions of Director of Land Registration (3) All decisions given by the Director of Land Registration shall be in writing and the appeal therefrom shall be to the Divisional Court in accordance with the rules of court.  R.S.O. 1990, c. L.5, s. 12 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 9 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 13 Repealed:  1998, c. 18, Sched. E, s. 109. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 109 - 18/12/1998
14 (1) There shall be an examiner of surveys whom the Deputy Minister shall appoint.  2000, c. 26, Sched. B, s. 12 (4). Note:  Despite the re-enactment of subsection (1) by subsection 12 (4) of Schedule B to the Red Tape Reduction Act, 2000, the examiner of surveys in office immediately before December 6, 2000 shall continue in office until the Deputy Minister appoints a successor.  See:  2000, c. 26, Sched. B, s. 12 (5). Qualifications (2) A person shall not be appointed as examiner of surveys unless he or she is an Ontario land surveyor of not less than five years standing.  R.S.O. 1990, c. L.5, s. 14 (2). Duties (3) The examiner of surveys shall work under the direction of the Director of Titles and shall perform the duties under this Act, the Boundaries Act, the Condominium Act, 1998 and the Registry Act that are required by the Director of Titles or otherwise required.  2009, c. 33, Sched. 17, s. 5 (3). Assistant examiners of surveys (4) The examiner of surveys may appoint one or more persons to be assistant examiners of surveys.  R.S.O. 1990, c. L.5, s. 14 (4). Duties (5) An assistant examiner of surveys shall perform such duties of the examiner of surveys under this or any other Act as are required by the examiner of surveys.  R.S.O. 1990, c. L.5, s. 14 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 110 (2) - 18/12/1998 2000, c. 26, Sched. B, s. 12 (4, 6) - 06/12/2000 2009, c. 33, Sched. 17, s. 5 (3) - 15/12/2009 2012, c. 8, Sched. 28, s. 10 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
15 The Director of Titles may appoint one or more persons, each of whom is an Ontario land surveyor, to be a representative for the purposes of, (a)  exercising the powers and performing the duties of the Director of Titles under the Boundaries Act; or (b)  making an order under section 110 of the Condominium Act, 1998 to amend a declaration or description under that Act.  2004, c. 19, s. 13 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 111 - 18/12/1998 2004, c. 19, s. 13 (1)
- 30/11/2004 2012, c. 8, Sched. 28, s. 10 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
16 (1) No officer appointed under this Act and no person acting under his or her authority or under an order of a court or a rule is liable to any action, suit or proceeding for or in respect of an act or matter in good faith done or omitted to be done in the exercise or supposed exercise of the powers conferred by this Act or of any such order or rule.  R.S.O. 1990, c. L.5, s. 16 (1). Liability of Crown (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in like manner as if subsection (1) had not been enacted.  R.S.O. 1990, c. L.5, s. 16 (2); 2019, c. 7, Sched. 17, s. 98. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 98 - 01/07/2019 17 Repealed:  1998, c. 18, Sched. E, s. 112. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 112 - 18/12/1998
18 (1) The Director may by order specify the days and hours during which instruments may be received for registration; no instruments may be received for registration outside those days and hours except if, (a)  the Director by order specifies that instruments may be received for registration outside those days and hours; and (b)  the registrations are made in accordance with the conditions, if any, set out in the Director’s order mentioned in clause (a).  2012, c. 8, Sched. 28, s. 11 (1). (2)-(5) Repealed: 2012, c. 8, Sched. 28, s. 11 (1). Scope of orders (6) An order that the Director of Land Registration makes under this section may be limited to one or more land registry offices for one or more land titles divisions.  1998, c. 18, Sched. E, s. 113. Not regulations (7) An order that the Director of Land Registration makes under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 18, Sched. E, s. 113; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 113 - 18/12/1998 2006, c. 21, Sched. F, s. 116, 136 (1) - 25/07/2007; 2006, c. 35, Sched. C, s. 58 (4) - 20/08/2007 2012, c. 8, Sched. 28, s. 11 (1) - 13/10/2020; 2012, c. 8, Sched. 28, s. 11 (2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Authority of Officers
19 The Director of Titles may name the witnesses to be examined at a hearing under this Act or may request an official examiner of the court to take the examination of all witnesses produced by any named person or of any class of witnesses.  2009, c. 33, Sched. 17, s. 5 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 5 (4) - 15/12/2009 2012, c. 8, Sched. 28, s. 12 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
20 (1) The Director of Titles, by summons, may require the attendance of all such persons as he or she thinks fit in an application made to him or her and may in the summons require any person to produce for inspection any document, deed, instrument or evidence of title to the production of which the applicant or a trustee for the applicant is entitled.  R.S.O. 1990, c. L.5, s. 20 (1); 1998, c. 18, Sched. E, s. 114; 2009, c. 33, Sched. 17, s. 5 (5). To require production of plans, books, etc. (2) He or she may also, by a like summons, require any person having the custody of any map, plan or book made or kept in pursuance of any statute to produce such map, plan or book for his or her inspection.  R.S.O. 1990, c. L.5, s. 20 (2). Examination on oath (3) He or she may examine upon oath any person appearing before him or her, and may allow to every person summoned by him or her reasonable charges for the person’s attendance.  R.S.O. 1990, c. L.5, s. 20 (3). Charges, etc. (4) Any charges allowed by the Director of Titles under this section shall be deemed to be charges incurred in connection with the registration of land and may be dealt with accordingly.  R.S.O. 1990, c. L.5, s. 20 (4); 2009, c. 33, Sched. 17, s. 5 (6). Disobedience (5) If any person disobeys an order or summons of the Director of Titles made under this Act, the Director of Titles may certify the disobedience to the court and the court may then punish the person in the same manner as if the order or summons were an order of the court.  2009, c. 33, Sched. 17, s. 5 (7). (6) Repealed:  2009, c. 33, Sched. 17, s. 5 (7). Tender of conduct money and fees (7) No person shall be required to attend in obedience to a summons or to produce documents unless the fees and allowances for the person’s attendance in accordance with the tariff of the court are paid or tendered to the person.  R.S.O. 1990, c. L.5, s. 20 (7). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 114 - 18/12/1998 2009, c. 33, Sched. 17, s. 5 (5-7) - 15/12/2009 2012, c. 8, Sched. 28, s. 13 (1-3) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
21 (1) Where upon the examination of a title or upon an application with respect to registered land the Director of Titles or the land registrar entertains a doubt as to any matter of law, he or she may state a case for the opinion of the Divisional Court and may name the parties to it, and where he or she entertains a doubt as to any matter of fact, may direct an issue to be tried for the purpose of determining such fact.  R.S.O. 1990, c. L.5, s. 21 (1). Exercise of powers (2) The powers conferred by this section shall not be exercised by a land registrar except with the approval of the Director of Titles.  R.S.O. 1990, c. L.5, s. 21 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 14 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
22 The land registrar, or any representative in his or her office authorized by the land registrar in writing, or any person authorized for a like purpose under the Registry Act, may administer an oath for any of the purposes of this Act.  R.S.O. 1990, c. L.5, s. 22; 1998, c. 18, Sched. E, s. 115. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 115 - 18/12/1998 2012, c. 8, Sched. 28, s. 14 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
23 (1) The court, the Director of Titles or the land registrar, upon the application of any person interested made in the prescribed manner in relation to any registered land or charge, after directing such inquiries, if any, to be made and notices given and after hearing such persons as the court, the Director of Titles or the land registrar considers necessary or expedient, may issue an order or make an entry inhibiting for a time or until the occurrence of an event to be named in such order or entry or generally until further order or entry any dealing with registered land or with a registered charge.  R.S.O. 1990, c. L.5, s. 23 (1). (2) Repealed:  1998, c. 18, Sched. E, s. 116. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 116 - 18/12/1998 2012, c. 8, Sched. 28, s. 14 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 PART III   JURISDICTION OF THE COURT
24 (1) Any jurisdiction of the court under this Act, other than an appeal to which section 19 of the Courts of Justice Act applies, may be exercised by a judge of the court.  R.S.O. 1990, c. L.5, s. 24 (1). Costs (2) The court, on any application or in any other matter or proceeding coming before it under this Act, has the like authority in respect of costs as it has in any ordinary proceeding within its jurisdiction.  R.S.O. 1990, c. L.5, s. 24 (2).
25 (1) Officers appointed under this Act shall obey the order of any competent court in relation to registered land on being served with the order or a certified copy thereof.  R.S.O. 1990, c. L.5, s. 25 (1). Registration under vesting order (2) Where under an order of the court freehold or leasehold land or a charge is vested in any person, the land registrar shall, on due proof of the order, make such entries in the register as are necessary to give effect thereto, but, if any person whose estate is affected by the order is not shown by the order to be a party to the cause or matter in which the order was made, the applicant shall furnish such evidence as is requisite to show that the person is bound thereby.  R.S.O. 1990, c. L.5, s. 25 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 15 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
26 A party to a hearing held under this Act may appeal the decision or order of the Director of Land Registration or the Director of Titles to the court within 30 days of the date of the decision or order, as the case may be, and the appeal shall be by way of a new trial.  2009, c. 33, Sched. 17, s. 5 (8). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 117 - 18/12/1998 2009, c. 33, Sched. 17, s. 5 (8) - 15/12/2009 2012, c. 8, Sched. 28, s. 16 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
27 Any person affected by an order made under this Act by a judge of the court may appeal to the Divisional Court within 30 days of the date of the decision and, subject to the rules, in like manner as in the case of other appeals to that court.  R.S.O. 1990, c. L.5, s. 27; 1998, c. 18, Sched. E, s. 118. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 118 - 18/12/1998
28 (1) If a minor, person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, person absent from Canada or person yet unborn is interested in land in respect of the title to which a question arises, any person interested in the land may apply to the Divisional Court for a direction that the opinion of the court in the case stated to it under this Act shall be conclusively binding on the minor, person who is incapable, person absent from Canada or unborn person.  2006, c. 19, Sched. G, s. 3 (1); 2009, c. 33, Sched. 2, s. 41 (1, 2). Powers of Divisional Court on stated case (2) The Divisional Court shall hear the allegations of all parties appearing before it and may disapprove altogether or may approve, either with or without modification, of the directions of the Director of Titles or of the land registrar in respect of any case stated as to the title of land.  R.S.O. 1990, c. L.5, s. 28 (2). Power to appoint guardian (3) The Divisional Court may also, if necessary, appoint a guardian or other person to appear on behalf of a minor, person who is incapable as defined in the Substitute Decisions Act, 1992, person absent from Canada or unborn person.  2006, c. 19, Sched. G, s. 3 (2); 2009, c. 33, Sched. 2, s. 41 (3). Order where persons absent, unborn or under disability (4) The Divisional Court, if satisfied that the interests of the person under disability, absent or unborn will be sufficiently represented in any case, shall make an order declaring that all persons, with the exceptions, if any, named in the order, are to be conclusively bound, and thereupon all persons, with such exceptions, are conclusively bound by the decision of the court.  R.S.O. 1990, c. L.5, s. 28 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. G, s. 3 (1, 2) - 22/06/2006 2009, c. 33, Sched. 2, s. 41 (1-3) - 15/12/2009 2012, c. 8, Sched. 28, s. 17 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
29 (1) Where an action is instituted for the specific performance of a contract relating to registered land or a registered charge, the court having cognizance of the action may by such mode as it considers expedient cause all or any persons who have registered estates or rights in the land or charge, or have entered notices, cautions or inhibitions against the same, to appear in the action and show cause why the contract should not be specifically performed, and the court may direct that an order made by the court in the action is binding on such persons or any of them.  R.S.O. 1990, c. L.5, s. 29 (1). Costs in action for specific performance (2) All costs awarded to a person so appearing may, if the court so orders, be assessed as between solicitor and client.  R.S.O. 1990, c. L.5, s. 29 (2). PART IV   APPLICATION FOR FIRST REGISTRATION Applicants
30 (1) A person entitled for the person’s own benefit at law or in equity to an estate in fee simple in land, whether or not subject to encumbrances, or a person capable of disposing for the person’s own benefit by way of sale of an estate in fee simple in land, whether or not subject to encumbrances, may apply to the land registrar to be registered under this Act or to have registered in the person’s stead any nominee as owner of the land with an absolute, qualified or possessory title, as the case may be.  R.S.O. 1990, c. L.5, s. 30 (1); 1998, c. 18, Sched. E, s. 119. Application by purchaser (2) A person who has contracted to buy for the person’s own benefit an estate in fee simple in land, whether or not subject to encumbrances, may also apply if the vendor consents to the application.  R.S.O. 1990, c. L.5, s. 30 (2). Application by or authorized by trustee, etc. (3) A person holding land on trust for sale and a trustee, mortgagee or other person having a power of selling land may authorize the purchaser to make an application to be registered as owner with any title with which an owner is authorized to be registered, and may consent to the performance of the contract being conditional on the purchaser being so registered, or such a person, except a mortgagee, may apply to be registered as owner with the consent of the persons, if any, whose consent is required to the exercise by the applicant of the trust or power of sale.  R.S.O. 1990, c. L.5, s. 30 (3). Application by a mortgagee with a power of sale (4) A mortgagee having a power of selling land may apply to have the mortgagor or other person owning the equity of redemption registered as owner with any such title.  R.S.O. 1990, c. L.5, s. 30 (4). Registration of Crown as owner (5) Subject to subsection 43 (4), the land registrar may, upon an application made by or on behalf of any minister of the government of Canada or Ontario, register under this Act any land claimed to be owned by Her Majesty the Queen in right of Canada or Ontario, as the case may be, although the land had not previously been granted by the Crown.  R.S.O. 1990, c. L.5, s. 30 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 119 - 18/12/1998 2012, c. 8, Sched. 28, s. 18 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
31 (1) The council of any municipality to which this Act applies may by by-law authorize an application to be made to the land registrar to have any land that is within the municipality registered under this Act.  R.S.O. 1990, c. L.5, s. 31 (1). No consent required (2) For the purpose of an application under subsection (1), the municipality shall be deemed to be the agent of the owners and other persons having an interest in the land designated in the by-law and it is not necessary to obtain the consent of such owners and other persons to the application.  R.S.O. 1990, c. L.5, s. 31 (2). Costs (3) The costs of and incidental to an application under subsection (1) shall be borne and paid by the municipality making the application and the municipality may recover the same by levy of a special rate of assessment on all parcels included in the application or in the municipality.  R.S.O. 1990, c. L.5, s. 31 (3). Consent of Director (4) The land registrar shall not proceed with an application under this section without the consent of the Director of Titles.  R.S.O. 1990, c. L.5, s. 31 (4). Registration fees (5) The Minister may determine the amount of fees to be paid to the land registrar and to the Director of Titles on an application under this section.  R.S.O. 1990, c. L.5, s. 31 (5); 1998, c. 18, Sched. E, s. 120 (1). Fee for certificate as to executions (6) Despite the regulation under the Administration of Justice Act, the Minister may determine the fee payable to a sheriff for a certificate as to executions in connection with an application under this section.  R.S.O. 1990, c. L.5, s. 31 (6); 1998, c. 18, Sched. E, s. 120 (2). Application by Minister where land not in a municipality (7) The Minister may apply under this section as agent of the owners and other persons having interests in any land designated by the Minister that is not within a municipality, and subsections (2), (3), (5) and (6) apply with necessary modifications.  R.S.O. 1990, c. L.5, s. 31 (7). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 120 (1, 2) - 18/12/1998 2012, c. 8, Sched. 28, s. 19 (1-3) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
32 (1) A land registrar, with the concurrence of the Director of Titles, may, subject to the regulations or the orders made under subsection (4), register under this Act any land in his or her land titles division to which the Registry Act
applies, including land owned by Her Majesty the Queen in right of Canada or Ontario in respect of which evidence of such ownership has been registered under the Registry Act.  R.S.O. 1990, c. L.5, s. 32 (1); 1998, c. 18, Sched. E, s. 121 (1). Discretion of land registrar re quality of title (2) A parcel of land may be registered under this section with an absolute, possessory, qualified or leasehold title, according to the circumstances, as appears most appropriate to the land registrar.  R.S.O. 1990, c. L.5, s. 32 (2). Title may be qualified as to location and extent (3) A parcel of land may be registered under this section with a title qualified as to the location of the boundaries and the extent of the parcel.  R.S.O. 1990, c. L.5, s. 32 (3). Orders governing registration (4) The Director of Titles may make orders governing the registration of land under subsection (1) and the procedure to be followed in connection with the registration, including the notices to be given to owners and encumbrancers.  1998, c. 18, Sched. E, s. 121 (2); 2000, c. 26, Sched. B, s. 12 (6). Note:  Despite subsection 121 (2) of Schedule E to the Red Tape Reduction Act, 1998, (a) the Director of Land Registration makes an order under subsection 32 (4) of the Act, as re-enacted by subsection 121 (2) of Schedule E to the Red Tape Reduction Act, 1998, that is inconsistent with those regulations; or (b) the Director makes an order under subsection 32 (4) of the Act, as amended by paragraph 2 of subsection 12 (6) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.  See:  2000, c. 26, Sched. B, s. 12 (14). Note:  Despite subsection 121 (2) of Schedule E to the Red Tape Reduction Act, 1998, (a) the Director of Land Registration makes a regulation under subsection 32 (4) of the Act, as re-enacted by subsection 121 (2) of Schedule E to the Red Tape Reduction Act, 1998, that is inconsistent with those regulations; or (b) the Director makes an order under subsection 32 (4) of the Act, as amended by paragraph 2 of subsection 12 (6) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.  See:  2000, c. 26, Sched. B, s. 12 (14). Not regulations (5) An order made by the Director of Titles under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 18, Sched. E, s. 121 (2); 2000, c. 26, Sched. B, s. 12 (6); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 121 (1, 2) - 18/12/1998 2000, c. 26, Sched. B, s. 12 (6) - 06/12/2000 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2012, c. 8, Sched. 28, s. 20 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
33 (1) A land registrar shall register a Crown grant received by him or her under section 37 of the Public Lands Act that meets the requirements for registration set out in this Act and the regulations.  R.S.O. 1990, c. L.5, s. 33 (1). Where notice of caution or adverse claim unnecessary (2) It is not necessary to issue a notice in respect of a caution or adverse claim that has been lodged if, by the certificate of the Minister or Deputy Minister of Natural Resources, it appears that the claim in respect of which the caution or adverse claim was lodged was considered by the said Minister and disposed of before the issue of the patent, and, if before the receipt of such a certificate any proceedings have been taken by a land registrar in respect of the caution or adverse claim, he or she shall thereupon discontinue the proceedings and disallow any objection or claim founded thereon and make such order as to costs as the land registrar considers just.  R.S.O. 1990, c. L.5, s. 33 (2). Action by land registrar (3) Where there is no contest as to the rights of the parties, the land registrar may make the requisite entry and issue his or her certificate, but, in case of a contest, the land registrar shall transmit the papers to the Director of Titles before registering the patentee as owner.  R.S.O. 1990, c. L.5, s. 33 (3). Where cautioner consents (4) Where the cautioner consents to the registration of the patentee, the land registrar need not issue a notice on account of the caution.  R.S.O. 1990, c. L.5, s. 33 (4). Registration of Crown lease-patents, etc. (5) Despite subsection 38 (1), letters patent from the Crown demising land or mining rights for a term of years, or for any greater estate, granted on or after the 31st day of December, 1887, shall be deemed to have been and to be within this section.  R.S.O. 1990, c. L.5, s. 33 (5). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 21 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
34 Where land patented by the Government of Canada has not been registered under this Act or the Registry Act and the patentee applies for registration within five years after the date of the patent, the land registrar has authority to register the patentee as owner of the land without submitting his or her finding upon the application to the Director of Titles for his or her concurrence.  R.S.O. 1990, c. L.5, s. 34. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 22 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
35 Upon making an entry of ownership for land granted to a patentee, the land registrar shall, unless the land is free grant or otherwise exempt from execution, (a)  search against the patentee for writs of execution and other liens in the electronic database that the sheriff, who has territorial jurisdiction for the land titles division where the land registrar made the entry, maintains for writs of execution and liens; and (b)  make an entry against the land of the writs of execution and other liens, if any, affecting the land.  1998, c. 18, Sched. E, s. 122. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 122 - 19/05/1999 2012, c. 8, Sched. 28, s. 23 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Titles
36 (1) Where on an application for first registration it appears that the applicant is so entitled by virtue of length of possession of the land, the applicant may be registered as the owner of the land with a possessory title.  R.S.O. 1990, c. L.5, s. 36 (1). Absolute title based on possession (2) Subject to the approval of the Director of Titles, an applicant for first registration whose claim to ownership is based upon length of possession of the land may be registered as the owner in fee simple with an absolute title of the land.  R.S.O. 1990, c. L.5, s. 36 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 24 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
37 (1) Where on the examination of the title it appears to the land registrar that it can be established only for a limited period or subject to certain reservations, the land registrar, on the application of the party applying to be registered, 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.  R.S.O. 1990, c. L.5, s. 37 (1). Qualified title (2) A title registered subject to such excepted estate, right or interest shall be called a qualified title.  R.S.O. 1990, c. L.5, s. 37 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 25 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
39 (1) The land registrar may register the owner of, (a)  any incorporeal hereditament of freehold tenure enjoyed in gross; or (b)  any mines or minerals where the ownership of the same has been severed from the ownership of the land, in the same manner and with the same incidents in and with which the land registrar is by this Act empowered to register the owner of land, or as near thereto as circumstances admit.  R.S.O. 1990, c. L.5, s. 39 (1). Registration of easements (2) If an easement described in subsection (3) is granted and if the evidence of the easement that the Director of Titles requires is produced to that Director, the easement shall be registered on title to the servient lands and may be registered on title to the dominant lands. 2017, c. 2, Sched. 12, s. 5 (1). Same (3) Subsection (2) applies to an easement in or over registered land that is granted as appurtenant to land registered in a registry division or an easement in or over land registered in a registry division that is granted as appurtenant to registered land. 2017, c. 2, Sched. 12, s. 5 (1). Manner of recording (4) The recording of the easement shall be done in the manner specified by the Director of Titles. 2017, c. 2, Sched. 12, s. 5 (1). (5) Repealed: 2017, c. 2, Sched. 12, s. 5 (1). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 27 (1) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022; 2012, c. 8, Sched. 28, s. 27 (2, 3) - no effect - see 2017, c. 2, Sched. 12, s. 10 (1) 2017, c. 2, Sched. 12, s. 5 (1, 2, 4) - 22/03/2017; 2017, c. 2, Sched. 12, s. 5 (3) - no effect - see 2017, c. 2, Sched. 12, s. 5 (4)
41 The examination of a title shall be conducted in the prescribed manner, subject to the following: 1.  Where notice has been given, sufficient opportunity shall be afforded to any person desirous of objecting to come in and state the person’s objections to the land registrar. 2.  The Director of Titles has jurisdiction to hear and determine any such objections, subject to an appeal to the Divisional Court in the prescribed manner and on the prescribed conditions. 3.  If the land registrar, upon the examination of any title, is of opinion that it is open to objection but is nevertheless a title under which the holding will not be disturbed, the land registrar may approve of it or may require the applicant to apply to the court, upon a statement signed by the land registrar, for its sanction to the registration. 4.  It is not necessary to produce any evidence that by the Vendors and Purchasers Act is dispensed with as between vendor and purchaser or to produce or account for the originals of registered instruments unless the land registrar otherwise directs. 5.  The land registrar may receive and act upon any evidence that is received in court on a question of title, or any evidence that the practice of conveyancers authorizes to be received on an investigation of a title out of court, or any other evidence, whether it is or is not receivable or sufficient in point of strict law, or according to the practice of conveyancers, if it satisfies the land registrar of the truth of the facts intended to be made out thereby. 6.  The land registrar may refer to and act upon not only the evidence adduced before him or her in the proceeding in which it is adduced but also any evidence adduced before the land registrar in any other proceeding wherein the facts to which it relates were or are in question. 7.  The land registrar may also act upon his or her own personal knowledge of material facts affecting the title upon making and filing a report, stating his or her knowledge of the particular facts and the means he or she had of obtaining such knowledge.  R.S.O. 1990, c. L.5, s. 41; 2009, c. 33, Sched. 17, s. 5 (12). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 5 (12) - 15/12/2009 2012, c. 8, Sched. 28, s. 28 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
42 A notice of an application for first registration is sufficiently served upon a person having an interest by virtue of a conveyance, mortgage, charge or assignment in land adjoining the land of or claimed by the applicant for first registration if it is sent by registered mail addressed to that person at the address appearing on the conveyance, mortgage, charge or assignment, or where no address for that person appears on the conveyance, mortgage, charge, or assignment, to the solicitor whose name appears on the conveyance, mortgage, charge or assignment registered under this Act, the Registry Act or the regulations.  2002, c. 18, Sched. E, s. 6 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 6 (2) - 26/11/2002
43 (1) A person having or claiming such an interest in unregistered land as entitles the person to object to any disposition thereof being made without the person’s consent may apply to the land registrar for the registration of a caution to the effect that the cautioner is entitled to notice in the prescribed form, and to be served in the prescribed manner, of any application that may be made for the registration of the land.  R.S.O. 1990, c. L.5, s. 43 (1). Renewal (2) Every caution under this section shall be renewed before the expiration of five years from the date of registration of the caution; otherwise it ceases to have effect.  R.S.O. 1990, c. L.5, s. 43 (2). Unpatented land (3) A caution registered under this section in respect of unpatented land has no validity unless the description contained therein specifies the land in accordance with the description subsequently contained in the patent or describes it in such manner that the land registrar may know that the description in the caution is intended to affect the land described in the patent.  R.S.O. 1990, c. L.5, s. 43 (3). Cautioner entitled to notice of proposed registration of land (4) After a caution has been registered in respect of unregistered land and while the caution is in force, registration shall not be made of the land until notice has been served on the cautioner to appear and oppose the registration and until the prescribed time has elapsed after the date of the service of the notice, or the cautioner has appeared, whichever first happens.  R.S.O. 1990, c. L.5, s. 43 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 29 (1-3) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Effect of First Registration
45 The first registration of a person as owner of land, in this Act referred to as first registered owner with an absolute title, vests in the person so registered an estate in fee simple in the land, together with all 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.  The encumbrances, if any, entered on the register. 2.  The liabilities, rights and interests that are declared for the purposes of this Act not to be encumbrances, unless the contrary is expressed on the register. 3.  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 persons 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. 45.