67 (1) Where it appears from the abstract index that an instrument purporting to be a valid discharge of, (a)  a certificate of pending litigation; (b)  a claim for a construction lien under the Construction Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980; (c)  a certificate of action in respect of a construction lien under the Construction Act or the
Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980; (d)  a registered notice of a conditional sale contract; (e)  a registered gas or oil lease; (f)  a registered notice of security interest under the Personal Property Security Act; (g)  a certificate under subsection 3 (3) of the Housing Development Act; (h)  a registered notice of a lien under the Legal Aid Services Act, 2020 or a predecessor of that Act; (i)  a registered notice of a lien under the Ontario Works Act, 1997; (j)  a registered notice of a lien under the Ontario Disability Support Program Act, 1997; (k)  an instrument of a prescribed class, has been registered for two or more years, the land described in the certificate, claim, notice or lease, or that portion of the land described in the discharging instrument, as the case may be, is not affected by any claim under the certificate, claim, notice or lease or under any instrument relating exclusively thereto.  R.S.O. 1990, c. R.20, s. 67 (1); 1993, c. 27, Sched.; 1999, c. 12, Sched. F, s. 38 (1); 2002, c. 18, Sched. E, s. 8 (5); 2017, c. 24, s. 81 (3, 4); 2020, c. 11, Sched. 15, s. 58. Deletion after two years (2) After the expiry of the two-year period mentioned in subsection (1), the land registrar may, (a)  delete from the abstract index, in the manner that the Director of Titles specifies, the entry of any instrument to which subsection (1) applies; or (b)  make an entry in the abstract index, in the manner that the Director of Titles specifies, indicating that the entry of any instrument to which subsection (1) applies is deleted.  1999, c. 12, Sched. F, s. 38 (2); 2000, c. 26, Sched. B, s. 17 (10). Restriction (3) Despite subsection (2), the land registrar shall not take any action described in that subsection with respect to the entry of an instrument in the abstract index for a lot or part of a lot unless all the lot or part is free of claims under the instrument by virtue of the operation of subsection (1).  1999, c. 12, Sched. F, s. 38 (2). Deletion at any time (4) The land registrar may, (a)  delete from the abstract index, in the manner that the Director of Titles specifies, the entry of a notice of the granting of a pension registered under section 13 of The Old Age Pensions Act, being chapter 258 of the Revised Statutes of Ontario, 1950, or any predecessor of that section; or (b)  make an entry in the abstract index, in the manner that the Director of Titles specifies, indicating that the entry of any instrument described in clause (a) is deleted.  1999, c. 12, Sched. F, s. 38 (2); 2000, c. 26, Sched. B, s. 17 (10). Early deletion (5) If the land registrar is satisfied that an instrument purporting to be a discharge of an instrument mentioned in subsection (1) validly discharges the land described in the discharging instrument from any claim arising under the instrument being discharged or under any other instrument relating exclusively to the instrument being discharged, the land registrar may, before the expiry of the two-year period mentioned in that subsection, (a)  delete from the abstract index, in the manner that the Director of Titles specifies, the entry of the instrument being discharged and all other instruments relating exclusively to that instrument; or (b)  make an entry in the abstract index, in the manner that the Director of Titles specifies, indicating that the entry of the instrument being discharged and all other instruments relating exclusively to that instrument is deleted.  1999, c. 12, Sched. F, s. 38 (2); 2000, c. 26, Sched. B, s. 17 (10). Effect of deletion (6) If the land registrar complies with subsection (2) or (5), the land described in the discharging instrument is not affected by any claim under the instrument being discharged.  1999, c. 12, Sched. F, s. 38 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1999, c. 12, Sched. F, s. 38 (1, 2) - 22/12/1999 2000, c. 26, Sched. B, s. 17 (10) - 06/12/2000 2002, c. 18, Sched. E, s. 8 (5) - 26/11/2002 2012, c. 8, Sched. 51, s. 28 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2017, c. 24, s. 81 (3)
- 12/12/2017; 2017, c. 24, s. 81 (4)
- 01/07/2018 2020, c. 11, Sched. 15, s. 58 - 18/10/2021