78 (1) A plan of subdivision shall not be registered unless it has been prepared by a surveyor and unless it complies with the regulations.  R.S.O. 1990, c. R.20, s. 78 (1). Idem (2) An instrument that refers to a plan of subdivision shall not be registered unless the plan of subdivision is registered.  R.S.O. 1990, c. R.20, s. 78 (2). Effect of mortgagee’s consent (3) The consent of the mortgagee to a plan of subdivision, when registered, discharges from the mortgage any land dedicated by the owner as a public highway and any land designated as a reserve that is conveyed to the corporation of the municipality in which the land is situate.  R.S.O. 1990, c. R.20, s. 78 (3). Plans of unpatented lands (4) The land registrar shall not register a plan of a subdivision of land for which a Crown patent has not issued unless the assent of the Minister of Natural Resources to the registration is endorsed on the plan.  R.S.O. 1990, c. R.20, s. 78 (4). Consents required (5) The land registrar shall not register a plan of subdivision of land unless every person who appears on the abstract index to be the owner of the land has endorsed the plan as owner and unless every person who appears by the abstract index to be a mortgagee of the land consents in writing, but nothing in this section shall be deemed to require the consent to any such plan of the owner of an easement or right in the nature of an easement in respect of the land.  R.S.O. 1990, c. R.20, s. 78 (5). Where consent of mortgagee not required (6) Subsection (5) does not require the consent of a mortgagee unless the plan of subdivision dedicates part of the land to which the mortgage applies as a public highway.  R.S.O. 1990, c. R.20, s. 78 (6). Approvals under Planning Act (7) No plan to which the Planning Act applies, except a plan registered under section 83 or 91 of this Act, shall be registered unless approved under the Planning Act.  R.S.O. 1990, c. R.20, s. 78 (7). Claim under Family Law Act (8) Land dedicated by its owner for a street or public highway is not subject to any claim under Part II of the Family Law Act by the spouse of the person by whom it was dedicated.  R.S.O. 1990, c. R.20, s. 78 (8); 1993, c. 27, Sched. Where plans required to be registered (9) A plan of subdivision of land that is within an area to which the Land Titles Act applies shall not be registered under this Act, subject to subsection 144 (2) of the Land Titles Act.  R.S.O. 1990, c. R.20, s. 78 (9). Where land in certification area (10) Subject to the regulations, a plan of subdivision of land that is within a certification area shall not be registered under this Act unless, (a)  the title of the owner of the land has been certified under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force; or (b)  the plan is accepted for registration within six months after the designation of the area in which the land is situate as a certification area. (c)  Repealed:  2009, c. 33, Sched. 17, s. 12 (7). R.S.O. 1990, c. R.20, s. 78 (10); 2009, c. 33, Sched. 17, s. 12 (6, 7). Where description required to be registered (11) A description as defined in the Condominium Act, 1998 in respect of land that is within an area to which the Land Titles Act applies but not within an area designated under subsection 144 (3) of the Land Titles Act shall not be registered under this Act.  R.S.O. 1990, c. R.20, s. 78 (11); 2009, c. 33, Sched. 17, s. 12 (8). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2009, c. 33, Sched. 17, s. 12 (6-8) - 15/12/2009 2012, c. 8, Sched. 51, s. 31 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022