jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The Minister of Consumer and Business Services is responsible for the administration of this Act.  R.S.O. 1990, c. R.20, s. 2; 2001, c. 9, Sched. D, s. 13. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 13 - 29/06/2001 2012, c. 8, Sched. 51, s. 2 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 PART I   ORGANIZATION AND ADMINISTRATION
3 Subject to the Land Titles Act, after a certificate of the first registration of the owner under that Act has been registered as specified by that Act, this Act ceases to apply to the land mentioned in the certificate.  R.S.O. 1990, c. R.20, s. 3; 1998, c. 18, Sched. E, s. 207. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 207 - 18/12/1998 2012, c. 8, Sched. 51, s. 3 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
4 (1) Subject to the provisions of this Act and except where otherwise expressly provided in any general or special Act or Order in Council, the registry divisions as they existed on the 14th day of April, 1925, are the registry divisions of the Province of Ontario for the purposes of this Act and no alteration in the boundaries of any riding, electoral district or municipality alters or affects the boundaries of any registry division.  R.S.O. 1990, c. R.20, s. 4 (1). Changes in registry divisions (2) The Minister may, by regulation, make any change in the boundaries of the registry divisions. 2012, c. 8, Sched. 51, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 208 (1, 2) - 18/12/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2012, c. 8, Sched. 51, s. 4 - 01/09/2016 5 Repealed: 2012, c. 8, Sched. 51, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 209 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 5 - 01/09/2016
6 (1) The Deputy Minister may appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 to be the Director of Land Registration.  R.S.O. 1990, c. R.20, s. 6 (1); 1998, c. 18, Sched. E, s. 210 (1); 2006, c. 35, Sched. C, s. 115 (1). Duties (2) The Director has general supervision and control over land registry offices and the system for registration therein.  R.S.O. 1990, c. R.20, s. 6 (2); 1998, c. 18, Sched. E, s. 210 (2). Powers of land registrars (3) The Director or a representative of the Director may exercise any power or perform any duty of a land registrar under this or any other Act if of the opinion, having regard to the circumstances, that such action is necessary or appropriate.  1998, c. 18, Sched. E, s. 210 (3). (4) Repealed:  1998, c. 18, Sched. E, s. 210 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 210 (1-3) - 18/12/1998 2006, c. 35, Sched. C, s. 115 (1) - 20/08/2007 2012, c. 8, Sched. 51, s. 6 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
7 (1) The Minister may make regulations transferring any function of the Director of Land Registration under any Act to the Director of Titles.  R.S.O. 1990, c. R.20, s. 7 (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 Land Registration concurrent authority to perform the function transferred.  R.S.O. 1990, c. R.20, s. 7 (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. R.20, s. 7 (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 Titles” had been substituted for “Director of Land Registration”.  R.S.O. 1990, c. R.20, s. 7 (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 or Director of Titles” had been substituted for “Director of Land Registration”.  R.S.O. 1990, c. R.20, s. 7 (5). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 6 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
8 The Director may appoint as his or her representatives 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 such powers and duties under this or any other Act as the Director may specify.  2006, c. 35, Sched. C, s. 115 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 211 - 18/12/1998 2006, c. 35, Sched. C, s. 115 (2) - 20/08/2007 2012, c. 8, Sched. 51, s. 6 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
9 (1) Subject to subsection (2), the Director may appoint public servants employed under Part III of the Public Service of Ontario Act, 2006 as land registrars.  1998, c. 18, Sched. E, s. 211; 2006, c. 35, Sched. C, s. 115 (3). Number (2) The Director shall appoint a land registrar for every registry division and every land titles division.  1998, c. 18, Sched. E, s. 211. Form of appointment (3) Every appointment mentioned in subsection (2) shall be for a specific division or divisions.  1998, c. 18, Sched. E, s. 211. Representatives (4) A land registrar for a registry division may appoint as his or her representatives one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the land registrar may delegate to a representative such powers and duties under this Act as the registrar may specify.  2006, c. 35, Sched. C, s. 115 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 211 - 18/12/1998 2006, c. 35, Sched. C, s. 115 (3, 4) - 20/08/2007 2012, c. 8, Sched. 51, s. 6 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 10 Repealed:  1998, c. 18, Sched. E, s. 211. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 211 - 18/12/1998 11 Repealed:  1998, c. 18, Sched. E, s. 211. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 211 - 18/12/1998
12 (1) Every registry office, including every combined registry and land titles office, shall be known as a land registry office.  R.S.O. 1990, c. R.20, s. 12 (1). Registry system (2) The system of registration under this Act shall be known as the registry system.  R.S.O. 1990, c. R.20, s. 12 (2).
13 (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. 51, s. 7 (1). (2)-(5) Repealed: 2012, c. 8, Sched. 51, s. 7 (1). Scope of orders (6) An order that the Director makes under this section may be limited to one or more land registry offices for one or more registry divisions.  1998, c. 18, Sched. E, s. 212. Not regulations (7) An order that the Director 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. 212; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 212 - 18/12/1998 2006, c. 21, Sched. F, s. 130 - 25/07/2007; 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 35, Sched. C, s. 115 (5) - 20/08/2007 2012, c. 8, Sched. 51, s. 7 (1) - 13/10/2020; 2012, c. 8, Sched. 51, s. 7 (2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 14 Repealed:  1998, c. 18, Sched. E, s. 213. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 213 - 16/02/1999
15 (1) Instruments, documents, books, records or a facsimile of them shall be produced for inspection and copying, and certified copies of them shall be provided upon payment of the required fee and in the manner specified by the Director.  2012, c. 8, Sched. 51, s. 8. Hours and days (2) The Director may specify minimum hours and days for the purposes of subsection (1).  2012, c. 8, Sched. 51, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 99 (1) - 09/12/1994; 1998, c. 18, Sched. E, s. 214 (1-3) - 18/12/1998; 1999, c. 12, Sched. F, s. 34 - 22/12/1999 2012, c. 8, Sched. 51, s. 8 - 13/10/2020
16 (1) Where a registered instrument, a document deposited under Part II or a written record of a land registry office is recorded electronically or on a magnetic medium, any writing that, (a)  represents the instrument, document or record; (b)  is generated by or produced from the electronic record or magnetic medium; and (c)  is in a readily understandable form, is admissible in evidence to the same extent as the original instrument, document or record.  R.S.O. 1990, c. R.20, s. 16 (1). Idem (2) Where a record of a land registry office is recorded electronically or on a magnetic medium and there is no original written record that corresponds to the record, any writing that, (a)  represents the record; (b)  is generated by or produced from the electronic record or magnetic medium; and (c)  is in a readily understandable form, is admissible in evidence to the same extent as the record would be if it were an original written record.  R.S.O. 1990, c. R.20, s. 16 (2).
17 (1) Repealed:  1998, c. 18, Sched. E, s. 215 (1). (2) Repealed:  1998, c. 18, Sched. E, s. 215 (1). Production of originals upon order of judge (3) A judge of a court in Ontario may, for the purposes of a hearing, order a land registrar to produce any instrument or document in his or her custody where, in the opinion of the judge, a certified copy thereof is not sufficient.  R.S.O. 1990, c. R.20, s. 17 (3). Delivery (4) Upon receipt of an order under subsection (3) and the required fee for a certified copy of the instrument or document required by the order to be produced, the land registrar shall prepare a certified copy of the instrument or document and deliver the original instrument or document to the person named in the order.  R.S.O. 1990, c. R.20, s. 17 (4); 1998, c. 18, Sched. E, s. 215 (2). Substituting a copy (5) The land registrar shall attach the order to the certified copy and shall file the copy in his or her office in place of the original instrument or document until the original has been returned.  R.S.O. 1990, c. R.20, s. 17 (5). Return of documents to land registrar (6) Despite subsection 54 (2) of the Evidence Act, an instrument or document produced by a land registrar under this section shall be returned to the custody of the land registrar after the final disposition of the cause or action to which it pertains.  R.S.O. 1990, c. R.20, s. 17 (6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 215 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 9 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Records of Office
19 (1) It is the duty of every land registrar to preserve the abstract index books and other records of his or her office in good repair.  R.S.O. 1990, c. R.20, s. 19 (1). Copying and repair of books, etc. (2) A land registrar may, when he or she considers it necessary, and shall, when so directed by the Director, cause, (a)  any book that is becoming obliterated or unfit for further use to be copied or reproduced and, where portions of the entries in the book are missing, obliterated or cannot be deciphered, the missing details to be obtained, so far as possible, by examination of the instruments relating thereto and incorporated in the copy; (b)  plans and maps to be copied, repaired, restored, mounted, bound or otherwise preserved; and (c)  any book to be repaired, in a manner approved by the Director.  R.S.O. 1990, c. R.20, s. 19 (2). Copy to be certified (3) Where a book is copied or reproduced under clause (2) (a), the land registrar shall certify the correctness of the copy.  R.S.O. 1990, c. R.20, s. 19 (3). Effect of certificate (4) The certificate of a land registrar under subsection (3) is, to the extent specified in the certificate, proof, in the absence of evidence to the contrary, that the copy is a true copy of the original book, and such certified copy shall be accepted and received as the original, but the land registrar shall nevertheless carefully preserve the original book or a facsimile thereof and produce it upon demand.  R.S.O. 1990, c. R.20, s. 19 (4). Director may order duplicate or new abstract indexes (5) The Director may order as many counterparts or copies of any abstract index book to be made as he or she considers necessary for the public convenience, and may order new abstract indexes to be made when the indexes in use have become complicated or otherwise inconvenient.  R.S.O. 1990, c. R.20, s. 19 (5). Instruments to be included in copy of abstract index (6) Where an abstract index is copied, every instrument, except an instrument to which subsection 67 (1), 56 (10) or 56 (11) applies, shall be copied, and the land registrar shall carefully preserve the original abstract index or a facsimile thereof and produce it upon demand.  R.S.O. 1990, c. R.20, s. 19 (6). Effect of certified copy of plan (7) Where a plan is copied under subsection (2), and the copy is certified by the examiner of surveys as a true copy of the plan, or a part thereof, as the case may be, 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. R.20, s. 19 (7). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 9 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 19.1 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 9 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
20 (1) The land registrar, in a book in the required form, called the “Abstract Index” in English and the “répertoire par lot” in French, shall enter under a separate and distinct head each separate lot or part of a lot of land as originally patented by the Crown, or that appears on any registered plan of subdivision, judge’s plan or municipal plan under section 91.  R.S.O. 1990, c. R.20, s. 20 (1); 1998, c. 18, Sched. E, s. 217 (1). Entries (2) Subject to subsection (3), the land registrar shall enter every instrument that mentions such parcel or lot of land in the abstract index in the required manner under the proper heading of each separate parcel or lot of land.  R.S.O. 1990, c. R.20, s. 20 (2); 1998, c. 18, Sched. E, s. 217 (2). Regulations (3) The Minister may make regulations designating instruments to which subsection (2) does not apply and governing the manner of making entries in the abstract index.  R.S.O. 1990, c. R.20, s. 20 (3); 1998, c. 18, Sched. E, s. 217 (3). Note:  The Lieutenant Governor in Council may by regulation revoke regulations made under subsection (3), as that subsection read immediately before December 18, 1998, if the Minister makes a regulation under subsection (3), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 217 (3), that is inconsistent with those regulations.  See:  1998 , c. 18, Sched. E, s. 217 (4). Exception (4) Subsections (1), (2) and (3) do not apply to land in the parts of Ontario designated under Part II of the Land Registration Reform Act.  R.S.O. 1990, c. R.20, s. 20 (4). Textes modificatifs – date d’entrée en vigueur (j/m/a) 1998, c. 18, Sched. E, s. 217 (1-4) - 18/12/1998 2012, c. 8, Sched. 51, s. 10 (1-3) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
21 (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. R.20, s. 21 (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. R.20, s. 21 (2); 1998, c. 18, Sched. E, s. 218 (1); 2000, c. 26, Sched. B, s. 17 (2). Property maps (3) The Director of Titles shall, in the required manner, prepare property maps showing all properties and prepare the other required maps.  1998, c. 18, Sched. E, s. 218 (2); 2000, c. 26, Sched. B, s. 17 (2). 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. R.20, s. 21 (4); 1998, c. 18, Sched. E, s. 218 (3); 2000, c. 26, Sched. B, s. 17 (2). Abstract index (5) The land registrar shall, in the required manner, create and maintain an index in automated form known as the abstract index and enter every instrument that affects a property in the abstract index under the property identifier assigned to that property.  R.S.O. 1990, c. R.20, s. 21 (5); 1998, c. 18, Sched. E, s. 218 (4). Other indexes and records (6) The land registrar shall, in the required manner, maintain the other required indexes and records.  1998, c. 18, Sched. E, s. 218 (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 abstract index under the property identifiers for the properties affected by the instruments.  R.S.O. 1990, c. R.20, s. 21 (7); 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 218 (6); 2000, c. 26, Sched. B, s. 17 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 218 (1-6) - 18/12/1998 2000, c. 26, Sched. B, s. 17 (2) - 06/12/2000 2012, c. 8, Sched. 51, s. 11 (1-3) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Instruments that may be Registered
23 The land registrar may, (a)  refuse to accept for registration an instrument, (i)  that is wholly or partly illegible or unsuitable for microfilming, or (ii)  that contains or has attached to it material that does not, in the land registrar’s opinion, affect or relate to an interest in land; and (b)  refrain from recording a part of a registered instrument if the part does not, in the land registrar’s opinion, affect or relate to an interest in land.  R.S.O. 1990, c. R.20, s. 23; 1998, c. 18, Sched. E, s. 220. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 220 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 13 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 24 Repealed:  1998, c. 18, Sched. E, s. 221. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 221 - 18/12/1998
25 (1) Repealed:  1998, c. 18, Sched. E, s. 222 (1). Brief description and property identifier, etc. (2) An instrument shall not be registered unless it contains, (a)  a reference to the lot, part lot or other unit on the plan or concession it affects; (b)  a registrable description of the land it affects, unless a registrable description of the same land is already recorded in the abstract index; and (c)  the property identifier, if any, assigned under subsection 21 (2) or (4) to the property it affects.  R.S.O. 1990, c. R.20, s. 25 (2). Exceptions (3) Subsection (2) does not apply to an instrument that is, (a)  a plan; (b)  identified by the letters “G.R.” and to be registered under subsection 18 (6); (c)  a by-law that does not directly affect title to land; (d)  presented for registration together with a statement in the prescribed form made by a party to the instrument or by the party’s solicitor, attorney under a registered power of attorney or registered notarial copy of a power of attorney, or heirs, executors, administrators or estate trustees, or, where the party is a corporation, by an officer of the corporation, stating that the instrument affects land within the registry division, and containing the information required by subsection (2); (e)  a judgment or order of the court or of a judge, or a certificate or certified or notarial copy of such judgment or order, presented for registration together with a statement in the prescribed form, made by one of the parties to the action or by the party’s solicitor, stating that the instrument affects land within the registry division, and containing the information required by subsection (2); or (f)  one of a prescribed class of instruments.  R.S.O. 1990, c. R.20, s. 25 (3); 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 222 (2, 3). Further recording (4) A registered instrument may be recorded or further recorded in the abstract index upon the registration of a statement in the prescribed form made by any of the persons mentioned in clauses (3) (d) and (e).  R.S.O. 1990, c. R.20, s. 25 (4); 1998, c. 18, Sched. E, s. 222 (4). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 222 (1-4) - 18/12/1998 2012, c. 8, Sched. 51, s. 14 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
26 (1) In this section, “easement” means an easement, right-of-way, right or licence in the nature of an easement, profit à prendre
or other incorporeal hereditament, but does not include such an easement arising by operation of law.  R.S.O. 1990, c. R.20, s. 26 (1). Local description required (2) Despite section 15 of the Conveyancing and Law of Property Act or any rule of law, an instrument purporting to convey an easement, made after the 1st day of January, 1967, does not, as against a purchaser in good faith who, for valuable consideration and without actual notice, purchases the servient tenement after the registration of the instrument, convey to the grantee any interest in the easement unless a local description of the affected part of the servient tenement is contained in the instrument by which the conveyance is made.  R.S.O. 1990, c. R.20, s. 26 (2).
31 (1) Every land registrar, by virtue of office, and every representative whom the land registrar specifies is a commissioner for taking affidavits for uses under this Act that relate to land in the registry division of the land registrar.  1998, c. 18, Sched. E, s. 224. Affidavits, etc., made outside Ontario (2) An affidavit, affirmation or declaration that complies with section 44 or 45 of the Evidence Act
is sufficiently sworn, affirmed or made for the purposes of this Act.  R.S.O. 1990, c. R.20, s. 31 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 224 - 18/12/1998 2012, c. 8, Sched. 51, s. 15 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
32 If this Act requires, as a condition for registration of an instrument, proof in the form of a statement, the form of the statement may be prescribed or may be approved by the Director of Titles if none is prescribed.  1998, c. 18, Sched. E, s. 225; 2000, c. 26, Sched. B, s. 17 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 225 - 18/12/1998 2000, c. 26, Sched. B, s. 17 (2) - 06/12/2000 2012, c. 8, Sched. 51, s. 16 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
33 No person authorized to take affidavits shall take an affidavit of the execution of an instrument to which he or she is a party, nor shall such an affidavit be taken from a witness unless the witness has subscribed his or her name in the witness’s own handwriting as such witness.  R.S.O. 1990, c. R.20, s. 33.
34 Every subscribing witness is compellable, by order of a judge of the Superior Court of Justice, to make an affidavit or proof of the execution of an instrument for the purpose of registration, and to do all other acts necessary for that purpose, upon being paid or tendered his or her reasonable expenses therefor.  R.S.O. 1990, c. R.20, s. 34; 2000, c. 26, Sched. B, s. 17 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (3) - 06/12/2000
35 (1) If an instrument that is otherwise capable of registration is not duly executed, any person who is or claims to be interested in the registration of the instrument may make proof before a judge of the Superior Court of Justice of the execution of the instrument.  2000, c. 26, Sched. B, s. 17 (4). Registration (2) The instrument may be registered if a certificate in the prescribed form is endorsed on the instrument and signed by the judge.  2000, c. 26, Sched. B, s. 17 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (4) - 06/12/2000 36 Repealed:  1998, c. 18, Sched. E, s. 226. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 226 - 18/12/1998
37 (1) Repealed:  1998, c. 18, Sched. E, s. 227. Execution by others (2) The seal of a court of record affixed to an instrument is sufficient evidence, for the purpose of registration, of the due execution of the instrument by the judge or the officer of the court signing it.  R.S.O. 1990, c. R.20, s. 37 (2). Execution by corporation (3) Where an instrument is executed by a corporation, (a)  the corporation’s seal affixed to the instrument, with the signature of an authorized person; or (b)  the signature of an authorized person, with the person’s statement that he or she has authority to bind the corporation, are sufficient evidence, for the purpose of registration, of the due execution of the instrument by the corporation.  R.S.O. 1990, c. R.20, s. 37 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 227 - 18/12/1998
38 (1) A judgment or order of a court or judge affecting land, other than an order or certificate endorsed on an instrument, may be registered in the land registry office of the registry division in which the land is situate by registering therein, (a)  a certificate signed by the proper officer of the court setting forth the substance and effect of the judgment or order; (b)  a copy of the judgment or order certified as such by the proper officer of the court; (c)  the original judgment or order under the seal of the court; or (d)  a notarial copy of the certificate, the certified copy or the original judgment or order.  R.S.O. 1990, c. R.20, s. 38 (1); 1998, c. 18, Sched. E, s. 228. Supporting statement (1.1) No judgment or order shall be registered unless it is supported by a solicitor’s statement that it, (a)  is in full force and effect and has not been stayed; and (b)  affects the land mentioned in it.  1999, c. 12, Sched. F, s. 36. Number of mortgage to be included in certificate of foreclosure (2) No judgment or final order of foreclosure of a mortgage shall be registered unless it includes a local description and a reference to the registration number of the mortgage.  R.S.O. 1990, c. R.20, s. 38 (2); 1993, c. 27, Sched. Number of construction lien to be included in order discharging, etc. (3) An order discharging a construction lien or vacating a certificate of action under the Construction Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980, shall be registered by registering the order or a certificate thereof, under the seal of the court, that includes a local description and reference to the registration number of every registered claim for lien and certificate of action affected thereby.  R.S.O. 1990, c. R.20, s. 38 (3); 1993, c. 27, Sched.; 2017, c. 24, s. 81 (1, 2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 228 - 18/12/1998; 1999, c. 12, Sched. F, s. 36 - 22/12/1999 2017, c. 24, s. 81 (1)
- 12/12/2017; 2017, c. 24, s. 81 (2)
- 01/07/2018
39 There may be registered, (a)  a copy of an instrument certified by the land registrar in whose office the instrument is registered; (b)  a copy of a power of attorney or other instrument executed by a corporation that confers upon any person authority to act for the corporation if the copy is certified by the proper officer of any department of the Government of Canada or Ontario in whose office the power of attorney or instrument is deposited; or (c)  a copy of an instrument registered under the Corporation Securities Registration Act, being chapter 94 of the Revised Statutes of Ontario, 1980, or a predecessor thereof, certified under that Act.  R.S.O. 1990, c. R.20, s. 39; 1998, c. 18, Sched. E, s. 229. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 229 - 18/12/1998 2012, c. 8, Sched. 51, s. 17 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
40 A copy of an instrument deposited under Part II of this Act or under The Custody of Documents Act, being chapter 85 of the Revised Statutes of Ontario, 1960, or any predecessor thereof, certified by the land registrar in whose office the instrument is deposited, may be registered subject to the proof for registration required by this Act.  R.S.O. 1990, c. R.20, s. 40. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 18 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
41 A notarial copy of an instrument executed in the Province of Quebec, the original of which is filed in a notarial office according to the law of Quebec, and a prothonotarial copy of an instrument executed in Quebec may be registered and shall be treated under this Act for all purposes as if it were the original instrument, and such notarial or prothonotarial copy with the seal of the notary or prothonotary attached shall be registered without any other proof of the execution of the original thereof.  R.S.O. 1990, c. R.20, s. 41. 42 Repealed:  1998, c. 18, Sched. E, s. 230. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 230 - 18/12/1998
43 Where an instrument, document or related attachment is written wholly or in part in a language other than English there shall be produced with the instrument, document or related attachment a translation into English, together with an affidavit by the translator stating that he or she understands both languages and has carefully compared the translation with the original and that the translation is in all respects a true and correct translation.  R.S.O. 1990, c. R.20, s. 43.
44 (1) Despite section 43, where an instrument, document or related attachment is in a prescribed form, the instrument may be registered or the document deposited if, (a)  the instrument or document affects the title to land in a registry division or part thereof that is designated by regulation; and (b)  the instrument or document is otherwise acceptable for registration or deposit.  R.S.O. 1990, c. R.20, s. 44 (1). Regulations (2) The Minister may make regulations, (a)  prescribing the forms of instruments, documents and related attachments for the purposes of this section; (b)  prescribing a lexicon of French-English terms to be used in connection with the prescribed forms of instruments, documents and related attachments and deeming the corresponding forms of expression in the lexicon to have the same effect in law; (c)  designating registry divisions or parts thereof for the purpose of this section; (d)  prescribing terms and conditions for the registration of instruments or deposit of documents under subsection (1); (e)  designating any Act for the purpose of subsection (4).  R.S.O. 1990, c. R.20, s. 44 (2); 1998, c. 18, Sched. E, s. 231 (1). Note:  The Lieutenant Governor in Council may by regulation revoke regulations made under subsection (2), as that subsection read immediately before December 18, 1998, if the Minister makes a regulation under subsection (2), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 231 (1), that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 231 (2). Definition (3) In sections 43 and 44, “document” has the same meaning as it has in Part II.  R.S.O. 1990, c. R.20, s. 44 (3). Idem (4) In this section, “prescribed form” means a form prescribed by a regulation made under this section or any Act designated by a regulation made under clause (2) (e).  R.S.O. 1990, c. R.20, s. 44 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 231 (1, 2) - 18/12/1998 Manner of Registering
45 A judgment in foreclosure or a final order of foreclosure or an instrument purporting to be a conveyance of land under a power of sale contained in a mortgage shall not be registered until the mortgage and any assignment thereof have been registered.  R.S.O. 1990, c. R.20, s. 45.
46 (1) Subject to subsection (1.1), no instrument purporting to be signed or executed by any person by attorney shall be registered unless, at or before the time of registration, (a)  the original power of attorney, a notarial copy of it or a copy certified for registration under section 39 is registered in the land registry office where the instrument is tendered for registration; and (b)  the date of registration and registration number of the original, the notarial copy or the certified copy, as the case may be, are indicated in the body or margin of the instrument tendered for registration.  1998, c. 18, Sched. E, s. 232 (1). Other proof (1.1) If the power of attorney, a notarial copy of it or a certified copy cannot be produced, proof may be made before a judge of the Superior Court of Justice of the execution of the instrument and, if the judge signs a certificate in the prescribed form endorsed on the instrument and the instrument is otherwise capable of registration, the land registrar shall register the instrument and certificate.  1998, c. 18, Sched. E, s. 232 (1); 2000, c. 26, Sched. B, s. 17 (5). (2) Repealed:  1998, c. 18, Sched. E, s. 232 (2). Exception (3) Subsection (1) does not apply to instruments purporting to be executed by attorneys or commissioners for the Canada Company, the Trust and Loan Company of Canada, the Scottish Ontario and Manitoba Land Company, the North British Canadian Investment Company, the North of Scotland Canadian Mortgage Company, Limited, or the Scottish American Investment Company.  R.S.O. 1990, c. R.20, s. 46 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 232 (1, 2) - 18/12/1998 2000, c. 26, Sched. B, s. 17 (5) - 06/12/2000 2012, c. 8, Sched. 51, s. 19 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
47 (1) If an instrument that is otherwise capable of registration is not accompanied by a statement that this Act requires or is accompanied by an incomplete or defective statement, a person who is or claims to be interested in the registration of the instrument may apply to a judge of the Superior Court of Justice for an order dispensing with the statement.  1998, c. 18, Sched. E, s. 233; 2000, c. 26, Sched. B, s. 17 (5). Grounds for order (2) The judge may grant the order if the applicant proves that, (a)  the required statement cannot be obtained conveniently; and (b)  the facts were as are required to be stated by the statement.  1998, c. 18, Sched. E, s. 233. Certificate (3) On granting an order, the judge shall endorse on the instrument or securely attach to it a certificate, in the prescribed form, stating the facts that have been proven to the judge’s satisfaction, and the certificate shall be received in lieu of the required statement.  1998, c. 18, Sched. E, s. 233. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 233 - 18/12/1998 2000, c. 26, Sched. B, s. 17 (5) - 06/12/2000
48 (1) In this section, “grantee” includes a grantee under a deed or other conveyance, a mortgagee or a person claiming an interest in land.  R.S.O. 1990, c. R.20, s. 48 (1). Description of grantee (2) An instrument shall not be registered unless every grantee who is not a corporation is described by, (a)  if the grantee has a single name, but no surname or first given name, the grantee’s single name; or (b)  if the grantee does not have a single name, the grantee’s surname and first given name in full, followed by another given name, if any, in full. 2017, c. 20, Sched. 9, s. 13. Saving (3) Failure to comply with subsection (2) does not, in itself, invalidate a registered instrument.  R.S.O. 1990, c. R.20, s. 48 (3). Trustees of pension plans (4) Despite subsection (2), where a mortgage is made or assigned to the trustee or trustees of a registered pension plan within the meaning of subsection 248 (1) of the Income Tax Act
(Canada) and the mortgage or assignment has attached thereto a statement made by one of the trustees or a solicitor deposing that the plan is so registered, the mortgagee or assignee may be described in the mortgage or assignment as the trustee or trustees, naming the plan, and the individual names of the trustee or trustees are not required.  R.S.O. 1990, c. R.20, s. 48 (4); 1998, c. 18, Sched. E, s. 234 (1). Idem (5) An assignment or discharge of mortgage made by the trustee or trustees mentioned in subsection (4) shall not be registered unless there is attached thereto a statement made by the trustee or, where there is more than one trustee, by one of them or by the solicitor for the trustee or trustees, deposing that the signing trustee is, or trustees are, authorized to execute the assignment or discharge.  R.S.O. 1990, c. R.20, s. 48 (5); 1998, c. 18, Sched. E, s. 234 (2). Debentures, etc. (6) A mortgage in the form of a debenture or a similar instrument shall not be registered unless the name of the person entitled to receive the money payable thereunder and to give a discharge thereof is set out in the instrument.  R.S.O. 1990, c. R.20, s. 48 (6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 234 (1, 2) - 18/12/1998 2017, c. 20, Sched. 9, s. 13 - 14/11/2017
49 (1) Except as provided by subsection (5), all instruments shall be numbered consecutively in order of time of being registered.  R.S.O. 1990, c. R.20, s. 49 (1). Idem (2) Where two or more instruments affecting the same land are received at the same time, they shall, if capable of registration, be registered and numbered in the order requested by the person or persons from whom they are received.  R.S.O. 1990, c. R.20, s. 49 (2). Time of receipt (3) The year, month, day, hour and minute at which an instrument is registered shall be endorsed thereon.  R.S.O. 1990, c. R.20, s. 49 (3). Priorities, how established (4) For the purpose of section 71, priorities shall, subject to subsection (5), be determined in accordance with the respective registration numbers.  R.S.O. 1990, c. R.20, s. 49 (4). Idem (5) A separate series of registration numbers may be used for plans of subdivision and for any other class of instrument that may be approved by the Director, and, for the purposes of section 71, priorities between instruments registered in different number series shall be determined in accordance with the time of receipt endorsed thereon.  R.S.O. 1990, c. R.20, s. 49 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 235 (1, 2) - See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2000, c. 26, Sched. B, s. 17 (6) - 06/12/2000
50 (1) Upon accepting an instrument for registration, the land registrar shall, (a)  register it in the manner that the Director of Titles specifies; (b)  record it in the proper index or indexes in the manner that the Director of Titles specifies; (c)  except as provided by the regulations, cause it to be recorded on photographic film or by any other means of image recording that the Director specifies; and (d)  in the manner that the Director specifies, preserve it and all recorded copies of it that the Director requires.  1998, c. 18, Sched. E, s. 236; 2000, c. 26, Sched. B, s. 17 (6). (2) Repealed:  1998, c. 18, Sched. E, s. 236. Custody of registered instruments (3) Every registered instrument is the property of the Crown and, subject to subsection 17 (3) and the regulations, shall be retained in the custody of the land registrar in his or her office.  R.S.O. 1990, c. R.20, s. 50 (3). Idem (4) Despite subsection (3), a registered instrument may be temporarily transferred to the custody of the Director of Titles or a land registrar in connection with an application under the Land Titles Act.  R.S.O. 1990, c. R.20, s. 50 (4); 2009, c. 33, Sched. 17, s. 12 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 236 - 18/12/1998 2000, c. 26, Sched. B, s. 17 (6) - 06/12/2000 2009, c. 33, Sched. 17, s. 12 (4) - 15/12/2009 2012, c. 8, Sched. 51, s. 20 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
51 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. R.20, s. 51. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 20 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
52 Where by any Act of Canada or Ontario an order in council or a certified copy thereof is required to be registered or deposited in a land registry office, the order or a certified copy thereof may be registered and recorded, (a)  in the case of an order that does not contain a local description, as a general registration; or (b)  in the case of an order that contains a local description, in the abstract index.  R.S.O. 1990, c. R.20, s. 52.
53 (1) A will shall be registered by registering, (a)  the original will or a notarial copy of it with, (i)  in the case of a will that is not a holograph will, (A)  a statement by one of the subscribing witnesses to the will proving the due execution of it by the testator, (B)  a statement by a person well acquainted with the testator attesting to the signature of the testator on the will, or (C)  a notarial copy of a statement described in sub-subclause (A) or (B), (ii)  in the case of a holograph will, (A)  a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will, or (B)  a notarial copy of a statement described in sub-subclause (A), and (iii)  one of the following: 1.  A statement that the testator died on or about a specified date, made by any person who has personal knowledge of that fact. 1.1  A notarial copy of a statement described in paragraph 1. 2.  A death certificate under the Vital Statistics Act in respect of the death of the testator or a notarial copy of the certificate. 3.  A certificate in respect of the death of the testator issued by a funeral director who has provided funeral services in respect of the death or a notarial copy of the certificate. 4.  An order made under the Declarations of Death Act, 2002 that declares that the testator has died and that is not limited under subsection 2 (6) of that Act to specified purposes other than dealing with the testator’s estate. 5.  A certified or notarial copy of an order described in paragraph 4; (b)  the letters probate, letters of administration with the will annexed, the certificate of appointment of estate trustee with or without a will or any grant based on a will given by a court outside Ontario having jurisdiction in probate matters or a notarial copy thereof; or (c)  an exemplification or certified copy of the letters probate, letters of administration with the will annexed, the certificate of appointment of estate trustee with or without a will or grant based on a will given by a court outside Ontario having jurisdiction in probate matters under the seal of the court that granted such letters or grant or a notarial copy of such exemplification or certified copy.  R.S.O. 1990, c. R.20, s. 53 (1); 1998, c. 18, Sched. E, s. 237 (1-3); 1999, c. 12, Sched. F, s. 37; 2000, c. 26, Sched. B, s. 17 (7-9); 2002, c. 14, Sched., s. 12. (2) Repealed:  1998, c. 18, Sched. E, s. 237 (4). (3)-(7) Repealed:  2009, c. 34, Sched. T, s. 3. (8) Repealed:  2012, c. 8, Sched. 51, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 237 (1-4) - 18/12/1998; 1999, c. 12, Sched. F, s. 37 - 22/12/1999 2000, c. 26, Sched. B, s. 17 (7-9) - 06/12/2000 2002, c. 14, Sched., s. 12 - 19/11/2002; 2002, c. 18, Sched. E, s. 8 (1-3) - 26/11/2002 2009, c. 34, Sched. T, s. 3 - 15/12/2009 2012, c. 8, Sched. 51, s. 21 - 20/06/2012
54 Letters of administration and certificates of appointment of estate trustees without a will that under the Estates Administration Act affect land shall be registered in the same manner as a probate of a will.  1998, c. 18, Sched. E, s. 238. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 238 - 18/12/1998
55 An instrument purporting to convey or otherwise deal with land in any manner shall not be registered if executed by any person as devisee, legatee, executor administrator or estate trustee of the estate of a deceased person who at the time of his or her death appears from the instrument to have been in any wise possessed of or interested in the land in question unless before the time of registration of the instrument the will or the letters probate of the will, the letters of administration or certificate of appointment of the estate trustee under which the person executing the instrument claims to be entitled has or have been registered in the registry division in which the land in question is situate and the registration date and number thereof have been inserted in the body of the instrument or in its margin.  R.S.O. 1990, c. R.20, s. 55; 1998, c. 18, Sched. E, s. 239. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 239 - 18/12/1998
57 Subject to section 59, where, after the registration of a mortgage, the name of the person or corporation entitled to receive the money and to discharge the mortgage has changed or been changed, an explanation of the change of name, (a)  shall, in the case of a change of name by order under the Change of Name Act or by supplementary letters patent or articles of amendment, be noted in the body or margin of the certificate of discharge, with reference to the registration number of the certificate of order, supplementary letters patent, or certificate of amendment; (b)  shall, if made by an Act of Ontario or of any other jurisdiction, be noted in the body or margin of the certificate of discharge, with reference to the Act; or (c)  shall, if made upon or in consequence of marriage, annulment or dissolution of marriage, adoption or in any other way, be evidenced by a certificate issued under the Change of Name Act or other document specified by the Director of Titles, attached to the certificate of discharge.  R.S.O. 1990, c. R.20, s. 57; 1993, c. 27, Sched.; 1998, c. 18, Sched. E, s. 241; 2002, c. 18, Sched. E, s. 8 (4). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 8 (4) - 26/11/2002 2012, c. 8, Sched. 51, s. 23 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022