78 (1) The day, hour and minute of the receipt of each instrument presented for registration and of each copy of a writ or lien received under section 136 shall be noted thereon by the officer or clerk receiving the instrument or copy.  R.S.O. 1990, c. L.5, s. 78 (1). Order of registration (2) Subject to the regulations, an instrument received for registration shall be registered in the order of time in which it is so received, unless before registration is completed it is withdrawn or the land registrar decides that it contains a material error, omission or deficiency or that there is evidence lacking that the land registrar considers requisite or declines registration for any other reason, and notifies the parties or their solicitors accordingly within twenty-one days after being so received and allows a period of time not less than seven and not more than thirty days from the date of such notification for correction of the error, omission or deficiency or for furnishing evidence and, when the error, omission or deficiency is corrected or evidence furnished within the time allowed, the instrument has priority as if it had been correct in the first instance, but, if the error, omission or deficiency is not corrected or if evidence is not furnished within the time allowed or if the person desiring registration fails to appeal successfully from the decision, the land registrar may proceed with other registrations affecting the land as if the instrument had not been presented for registration, and the land registrar shall be deemed not to be affected with notice of the contents of the instrument.  R.S.O. 1990, c. L.5, s. 78 (2); 1993, c. 27, Sched. When registration complete (3) Registration of an instrument is complete when the instrument and its entry in the proper register are certified in the prescribed manner by the land registrar, deputy or assistant deputy land registrar, and the time of receipt of the instrument shall be deemed to be the time of its registration.  R.S.O. 1990, c. L.5, s. 78 (3). Effect of registration (4) When registered, an instrument shall be deemed to be embodied in the register and to be effective according to its nature and intent, and to create, transfer, charge or discharge, as the case requires, the land or estate or interest therein mentioned in the register.  R.S.O. 1990, c. L.5, s. 78 (4). Exception (4.1) Subsection (4) does not apply to a fraudulent instrument that is registered on or after October 19, 2006.  2006, c. 34, s. 15 (10). Non-fraudulent instruments (4.2) Nothing in subsection (4.1) invalidates the effect of a registered instrument that is not a fraudulent instrument described in that subsection, including instruments registered subsequent to such a fraudulent instrument.  2006, c. 34, s. 15 (10). Priorities (5) Subject to any entry to the contrary in the register and subject to this Act, instruments registered in respect of or affecting the same estate or interest in the same parcel of registered land as between themselves rank according to the order in which they are entered in the register and not according to the order in which they were created, and, despite any express, implied or constructive notice, are entitled to priority according to the time of registration.  R.S.O. 1990, c. L.5, s. 78 (5). Postponement of registered rights (6) Upon registration of an instrument in the prescribed form, the rights of priority acquired by registration may be postponed to rights acquired or claimed under another registered instrument.  R.S.O. 1990, c. L.5, s. 78 (6). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 131 (1-4) - see: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2006, c. 34, s. 15 (10)
- 20/12/2006 2012, c. 8, Sched. 28, s. 51 (1-3) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 79 Repealed:  1998, c. 18, Sched. E, s. 132. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 132 - 18/12/1998