jswizzle3737/ontario_laws_and_regs huggingface dataset:
58 (1) Subject to subsection (2), (a)  a mortgage-of-a-mortgage; or (b)  a discharge of a mortgage-of-a-mortgage, executed after the 1st day of January, 1971 shall not be registered.  R.S.O. 1990, c. R.20, s. 58 (1). Exceptions (2) Where, upon an application made to him or her, a judge of the Superior Court of Justice is satisfied that there cannot be conveniently obtained and registered, (a)  an assignment of a mortgage containing a provision for reassignment to the assignor instead of a mortgage-of-a-mortgage; or (b)  an assignment of a mortgage-of-a-mortgage to the person entitled to redeem the mortgage-of-a-mortgage instead of a discharge of the mortgage-of-a-mortgage, the judge may endorse his or her fiat on the mortgage-of-a-mortgage or discharge of a mortgage-of-a-mortgage, which may then be registered, despite subsection (1).  R.S.O. 1990, c. R.20, s. 58 (2); 2000, c. 26, Sched. B, s. 17 (5). Effect of registration of discharge (3) A discharge, even though registered under subsection (2), executed by the person entitled to receive the money under a mortgage-of-a-mortgage, or by the executor, administrator, legal personal representative, estate trustee or assignee of the person, does not operate as a discharge of the mortgaged mortgage unless, (a)  the right to discharge the mortgaged mortgage is conferred by the mortgage-of-a-mortgage, and such right is recited in the discharge; (b)  the mortgagor of the mortgage-of-a-mortgage has lost the right to redeem, by reason of foreclosure of or sale under the mortgage-of-a-mortgage, and the foreclosure or sale is evidenced by registered instruments; or (c)  upon an application made to him or her, a judge of the Superior Court of Justice is satisfied that the discharge when registered has the effect of discharging the mortgaged mortgage and the judge makes an order to that effect and the order is either endorsed on or attached to or registered after the discharge.  R.S.O. 1990, c. R.20, s. 58 (3); 1998, c. 18, Sched. E, s. 242; 2000, c. 26, Sched. B, s. 17 (5). Marking off mortgage (4) Despite section 56, a land registrar shall not mark off the entry in the abstract index of a mortgage or instrument dealing with the mortgage if a mortgage-of-the-mortgage was registered and the only registered discharge relating to the mortgage was of the mortgage-of-the-mortgage, except where, having regard to the provisions contained in the mortgage-of-the-mortgage and to subsection (3), he or she is satisfied that the discharge had the effect of discharging the mortgaged mortgage.  R.S.O. 1990, c. R.20, s. 58 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 242 - 18/12/1998 2000, c. 26, Sched. B, s. 17 (5) - 06/12/2000 2012, c. 8, Sched. 51, s. 24 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
59 Where a loan or trust corporation that has acquired the assets of another loan or trust corporation by amalgamation of such corporations desires to discharge any of the mortgages of such corporation and the certificate of amalgamation or a certified or notarial copy thereof has been registered, it is sufficient to set forth in the instrument to be registered the fact of the assent of the Lieutenant Governor in Council or the Governor in Council, as the case may be, to the amalgamation with the date of the certificate of amalgamation and its registered number, or a reference to the Act by which the loan or trust corporations were amalgamated or by which the agreement was ratified, and upon registration of the discharge the land registrar shall enter in the abstract index the particulars of amalgamation mentioned in the discharge.  R.S.O. 1990, c. R.20, s. 59. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 25 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
60 (1) Where a mortgage has been paid off by any person advancing money by way of a new loan on mortgage on the same land and the mortgage so paid off or the discharge thereof is held by the mortgagee making the new loan, the discharge of the mortgage so paid off shall be registered within six months from the date thereof, unless the mortgagor has authorized, in writing, the retention of the discharge for a longer period.  R.S.O. 1990, c. R.20, s. 60 (1). Right of subsequent mortgagee (2) The registration does not affect the right, if any, of the mortgagee who may have paid off such mortgage, the assignee, or any person claiming under the mortgagee, by purchase or otherwise, to be subrogated to the rights of the mortgagee whose mortgage debt has been so paid.  R.S.O. 1990, c. R.20, s. 60 (2).
62 Where only part of the land mortgaged by a registered mortgage is to be discharged therefrom, a certificate of discharge, in the prescribed form, that includes a local description of the land, executed by the mortgagee, the executor, administrator, estate trustee or assignee of the mortgagee, or by such other person as may be entitled by law to receive the money and to discharge the mortgage, may be registered.  R.S.O. 1990, c. R.20, s. 62; 1998, c. 18, Sched. E, s. 243. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 243 - 18/12/1998
63 (1) If a certificate of discharge under this Act and the regulations that complies with Part I of the Land Registration Reform Act and the regulations made under it is registered for a mortgage described in subsection (2), the certificate is valid and effectual as a conveyance to the mortgagor, the heirs or assigns of the mortgagor of the mortgagor’s original estate in the mortgaged land or in the part of the land described in the certificate, as the case may be.  1998, c. 18, Sched. E, s. 244. Mortgage predating (2) Subsection (1) applies to a mortgage executed, (a)  before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or (b)  before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario.  1998, c. 18, Sched. E, s. 244. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 244 - 18/12/1998
64 (1) In this section, “deed to uses” means a deed purporting to grant or convey land to such uses as the grantee may appoint, regardless of the method of appointment specified in the deed, and, until appointment or in default of appointment, purporting to grant or convey the land to the use of the grantee absolutely, and includes every such deed containing words of like import, but does not include a mortgage; (“acte accordant un droit d’usage”) “grantee to uses” means a grantee named in a deed to uses. (“bénéficiaire du droit d’usage”)  R.S.O. 1990, c. R.20, s. 64 (1). Mortgage does not exhaust power (2) A mortgage made by a grantee to uses does not exhaust the grantee’s power of appointment.  R.S.O. 1990, c. R.20, s. 64 (2). Effect of discharge of mortgage (3) Despite the registration of a discharge of, (a)  a mortgage that was made by a grantee to uses; or (b)  a mortgage to which the land was subject when the grantee to uses became the grantee, the grantee to uses may exercise the power of appointment as though the mortgage had not been made.  R.S.O. 1990, c. R.20, s. 64 (3). Application (4) This section applies to, (a)  land conveyed by a deed to uses registered on or after the 1st day of January, 1967; and (b)  land conveyed by a deed to uses registered before the 1st day of January, 1967, but not conveyed or devised until after that day by the grantee to uses by a deed or will.  R.S.O. 1990, c. R.20, s. 64 (4).
66 Instruments of the nature mentioned in section 30, as that section read immediately before December 18, 1998, may be discharged, and the land affected thereby released therefrom, by registering in the proper land registry office a certificate of discharge in the prescribed form.  R.S.O. 1990, c. R.20, s. 66; 1998, c. 18, Sched. E, s. 246. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 246 - 18/12/1998
68 Every order of the Ontario Land Tribunal or other order or instrument whereby a local municipality becomes incorporated or the boundaries of a municipality are enlarged, diminished or altered, may be registered in the proper land registry office.  2002, c. 17, Sched. F, Table.; 2021, c. 4, Sched. 6, s. 85 (2) Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2021, c. 4, Sched. 6, s. 85 (2) - 01/06/2021
69 Where any provision of this Act requires or permits the registration of a certified or notarial copy of an instrument, the instrument may be registered instead of a copy.  R.S.O. 1990, c. R.20, s. 69. Registration and its Effect
70 (1) After the grant from the Crown of land, and letters patent issued therefor, every instrument affecting the land or any part thereof shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without actual notice, unless the instrument is registered before the registration of the instrument under which the subsequent purchaser or mortgagee claims.  R.S.O. 1990, c. R.20, s. 70 (1). Exception as to certain leases (2) This section does not extend to a lease for a term not exceeding seven years where the actual possession goes along with the lease, but it does extend to every lease for a longer term than seven years.  R.S.O. 1990, c. R.20, s. 70 (2). Exception as to certain by-laws (3) This section does not extend and shall be deemed never to have extended to, (a)  a by-law passed before the 6th day of April, 1954 under section 390 of The Municipal Act, being chapter 243 of the Revised Statutes of Ontario, 1950 or a predecessor of that section; (b)  a by-law passed after the 5th day of April, 1954 under section 390 of The Municipal Act, being chapter 243 of the Revised Statutes of Ontario, 1950 or under section 34 of the
Planning Act or a predecessor of that section of the Planning Act; or (c)  any other municipal by-law, heretofore or hereafter passed, affecting land that does not directly affect the title to land.  R.S.O. 1990, c. R.20, s. 70 (3).
71 Priority of registration prevails unless before the prior registration there has been actual notice of the prior instrument by the person claiming under the prior registration.  R.S.O. 1990, c. R.20, s. 71.
71.1 A certificate of title that is registered in accordance with 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, is conclusive as of the day, hour and minute stated in the certificate that the title of the person named as owner of the land described in the certificate was absolute and indefeasible as regards the Crown and all persons whomsoever, subject only to the exceptions, limitations, qualifications, reservations, conditions, covenants, restrictions, charges, mortgages, liens and other encumbrances mentioned in the certificate.  2009, c. 33, Sched. 17, s. 12 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 12 (5) - 15/12/2009
72 No equitable lien, charge or interest affecting land is valid as against a registered instrument executed by the same person, the heirs or assigns of the person, and tacking shall not be allowed in any case to prevail against the provisions of this Act.  R.S.O. 1990, c. R.20, s. 72.
73 A registered mortgage is, as against the mortgagor, the heirs, executors, administrators, estate trustees, assigns of the mortgagor and every other person claiming by, through or under the mortgagor, a security upon the land comprised therein to the extent of the money or money’s worth actually advanced or supplied under the mortgage, not exceeding the amount for which the mortgage is expressed to be a security, although the money or money’s worth, or some part thereof, was advanced or supplied after the registration of a conveyance, mortgage or other instrument affecting the mortgaged land, executed by the mortgagor, the heirs, executors, administrators or estate trustees of the mortgagor, and registered subsequently to the first-mentioned mortgage, unless before advancing or supplying the money or money’s worth, the mortgagee in the first-mentioned mortgage had actual notice of the execution and registration of such conveyance, mortgage or other instrument, and the registration of such conveyance, mortgage or other instrument after the registration of the first-mentioned mortgage, does not constitute actual notice.  R.S.O. 1990, c. R.20, s. 73; 1998, c. 18, Sched. E, s. 248. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 248 - 18/12/1998
74 (1) The registration of an instrument under this or any former Act constitutes notice of the instrument to all persons claiming any interest in the land, subsequent to such registration, despite any defect in the proof for registration, but nevertheless it is the duty of a land registrar not to register any instrument except on such proof as is required by this Act.  R.S.O. 1990, c. R.20, s. 74 (1). Where subs. (1) does not apply (2) Subsection (1) does not apply to an instrument entered in the by-law index or to an instrument registered as a general registration under subsection 18 (1) or (6) or under predecessors of those subsections, (a)  unless an entry of the instrument appears in the abstract index; (b)  unless an entry of a declaration under section 25 or a predecessor of that subsection referring to the instrument appears in the abstract index; or (c)  unless the instrument is mentioned in a subsequently registered instrument and an entry of the latter instrument or of a declaration referring thereto, as mentioned in clause (b), appears in the abstract index.  R.S.O. 1990, c. R.20, s. 74 (2); 1998, c. 18, Sched. E, s. 249 (1). Deemed notice (3) For the purposes of subsection (1), the registration of a notice under section 113 or a statement under section 25 constitutes registration of the instrument referred to in the notice or statement.  1998, c. 18, Sched. E, s. 249 (2). Idem (4) The registration of a notice under subsection 22 (7) or (8) constitutes notice only of the particulars contained in the notice.  R.S.O. 1990, c. R.20, s. 74 (4). Where no notice (5) After the expiry of a notice registered under subsection 22 (8), the notice shall not constitute notice of the agreement, option or assignment or of any particulars referred to in the notice.  R.S.O. 1990, c. R.20, s. 74 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 249 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 29 (1-3) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
75 An instrument that is or purports to be a power of attorney or authority to sell land in which the commission, payment for services, or other remuneration of the attorney or agent is made a charge on the land, as against a subsequent purchaser or mortgagee for valuable consideration and as against the creditors of the person giving the power or authority, ceases to charge the land with the commission, payment for services, or remuneration after the lapse of one year from the making of the instrument.  R.S.O. 1990, c. R.20, s. 75.
76 (1) Except in the manner hereinafter provided, after an instrument has been recorded, no alteration or correction shall be made to any entry previously made respecting the instruments.  R.S.O. 1990, c. R.20, s. 76 (1). Method (2) The land registrar shall, immediately after becoming aware of any omission or error in recording or deleting, (a)  make, date and certify the necessary entries, alterations or corrections in the manner that the Director of Titles specifies, unless the Director of Titles authorizes the land registrar not to make them; and (b)  notify all persons who may be adversely affected by the necessary entries, alterations or corrections.  R.S.O. 1990, c. R.20, s. 76 (2); 1998, c. 18, Sched. E, s. 250; 1999, c. 12, Sched. F, s. 39; 2000, c. 26, Sched. B, s. 17 (10). Re-entry of instruments not referring to prior registered plan (3) Where, after the registration of a plan, instruments affecting land within the plan were registered that did not conform and refer thereto, the land registrar shall, when he or she considers it necessary or when so directed by the Director of Titles, cause the instruments to be recorded in the proper abstract index in accordance with subsection (2).  R.S.O. 1990, c. R.20, s. 76 (3); 2000, c. 26, Sched. B, s. 17 (10). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. F, s. 39 (1, 2) - 22/12/1999 2000, c. 26, Sched. B, s. 17 (10) - 06/12/2000 2012, c. 8, Sched. 51, s. 30 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
77 An instrument capable of and properly proved for registration shall be deemed to be registered when the land registrar has accepted it for registration in accordance with the regulations and no alteration may be made to it after that time.  1998, c. 18, Sched. E, s. 251. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 251 - 18/12/1998 2012, c. 8, Sched. 51, s. 30 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Plans
79 (1) The examiner of surveys, an assistant examiner of surveys or a person acting under the direction of either of them may, in order to carry out an examination of a plan of survey, for the purposes of this or any other Act, examine the survey on the ground.  R.S.O. 1990, c. R.20, s. 79 (1). Right of entry (2) Any person referred to in subsection (1), while in the exercise of the powers conferred by subsection (1), may, (a)  at any time enter and pass over the land of any person; or (b)  at a time suitable to the occupant of a building enter the building, and do any act thereon or therein for any purpose of the examination.  R.S.O. 1990, c. R.20, s. 79 (2). Offence (3) Every person who interferes with or obstructs the examiner of surveys, an assistant examiner of surveys or a person referred to in subsection (1) in the exercise of any of the powers conferred by subsection (1) or (2) is guilty of an offence.  R.S.O. 1990, c. R.20, s. 79 (3).
80 (1) Subject to section 81, a deed or other conveyance or mortgage of land shall not be registered unless, (a)  the land is the whole part remaining to the owner of the land described in a registered conveyance to the owner; (b)  the land consists of the whole of a lot, block, street, lane, reserve or common according to a registered plan of subdivision, judge’s plan or municipal plan under section 91; (c)  the land is the whole of a Part according to a previously recorded reference plan; or (d)  the land is shown on a plan, to be known as a reference plan, prepared and deposited in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 80 (1). Exception (2) The land registrar, having regard to the circumstances, may order that subsection (1) does not apply in the case of a conveyance or mortgage mentioned in the order.  R.S.O. 1990, c. R.20, s. 80 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 32 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
81 (1) Where an instrument submitted for registration contains a description of land that in the opinion of the land registrar is complex or vague, he or she may require a plan of the land to be deposited as a reference plan before accepting the instrument for registration.  R.S.O. 1990, c. R.20, s. 81 (1). Saving (2) Where the land registrar is satisfied that compliance with a requirement made under subsection (1) would be unreasonable, having regard to the circumstances, he or she may accept, in lieu of a reference plan, a sketch of the land prepared in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 81 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 33 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
82 The land registrar shall keep a plan index in the form that the Director of Titles specifies.  1998, c. 18, Sched. E, s. 252; 2000, c. 26, Sched. B, s. 17 (10). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 252 - 18/12/1998 2000, c. 26, Sched. B, s. 17 (10) - 06/12/2000 2012, c. 8, Sched. 51, s. 33 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
83 (1) Where and as the examiner of surveys directs, the land registrar, taking account of registered instruments and deposited plans, shall prepare and register a plan of an area designated by the examiner of surveys.  R.S.O. 1990, c. R.20, s. 83 (1). Idem (2) A plan prepared and registered under subsection (1) shall be known as a Land Registrar’s Compiled Plan.  R.S.O. 1990, c. R.20, s. 83 (2). New abstract index (3) Where and as the Director of Titles directs, the land registrar, taking account of registered instruments and deposited plans, shall, (a)  divide an area designated by the Director of Titles into parcels for abstract purposes; (b)  create a new heading in the abstract index for each parcel; and (c)  record previously registered instruments and deposited documents affecting or relating to the designated area under the new headings.  R.S.O. 1990, c. R.20, s. 83 (3); 2000, c. 26, Sched. B, s. 17 (10). Easements (4) A parcel may include a reference to any easement in respect of which the land is the dominant or servient tenement.  R.S.O. 1990, c. R.20, s. 83 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (10) - 06/12/2000 2012, c. 8, Sched. 51, s. 34 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
84 (1) Where a plan of a subdivision of a lot or part of a lot has been or is registered, the land registrar, when directed so to do by the Director of Titles, shall prepare an abstract of all instruments affecting the part subdivided, and enter the same in the page or pages of the abstract index book immediately preceding the abstract as to the first lot on the plan.  R.S.O. 1990, c. R.20, s. 84 (1); 2000, c. 26, Sched. B, s. 17 (10). Idem (2) Whenever a further subdivision of any of the lots on a plan is made, the land registrar, when directed so to do by the Director of Titles, shall prepare and enter in like manner an abstract of all instruments affecting the part so subdivided from the registration of the previous plan.  R.S.O. 1990, c. R.20, s. 84 (2); 2000, c. 26, Sched. B, s. 17 (10). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (10) - 06/12/2000 2012, c. 8, Sched. 51, s. 35 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
85 Subject to the regulations, no instrument referring to an unregistered plan shall be registered unless an instrument referring to the plan has been registered in respect of the same land, and, if the land registrar objects to the registration of an instrument on the ground that it refers to an unregistered plan, he or she may refuse to register the instrument unless the person desiring its registration refers the land registrar to the number of an instrument registered in respect of the same land referring to the unregistered plan.  R.S.O. 1990, c. R.20, s. 85. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 36 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
86 (1) Where an instrument that does not conform and refer to the proper plan has been duly executed and any party thereto has died, or, where it would, in the opinion of the land registrar, be impossible or inconvenient to obtain a new instrument containing the proper description, the instrument may be registered if accompanied by a statement in the prescribed form annexed thereto or endorsed thereon.  R.S.O. 1990, c. R.20, s. 86 (1); 1998, c. 18, Sched. E, s. 253 (1). Duty of land registrar (2) The land registrar shall thereupon enter the instrument in the abstract index in which the subdivision is entered under the lots designated in the statement, and no entry shall be made in the abstract index of the land before its subdivision.  R.S.O. 1990, c. R.20, s. 86 (2); 1998, c. 18, Sched. E, s. 253 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 253 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 37 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
87 (1) Where a parcel of land has been included in a registered plan of subdivision that was not signed by the owner of the parcel and the parcel is subsequently described in a registered deed or other conveyance as being within the plan, the plan is as binding upon the grantee of the parcel and all persons claiming under the grantee as if the plan had been signed by the owner of the parcel.  R.S.O. 1990, c. R.20, s. 87 (1). Saving (2) Subsection (1) does not affect the rights of a mortgagee whose mortgage was registered before the deed or other conveyance, mentioned in subsection (1), was registered.  R.S.O. 1990, c. R.20, s. 87 (2).
88 (1) The council of any municipality may apply to a judge of the Superior Court of Justice, and the judge has power to make orders and directions, (a)  for the hearing of the application upon such notice as the judge may direct; (b)  to cancel or suspend in whole or in part any registered plan; (c)  to close, divert or alter any or all highways, roads, streets or lanes shown on any such plan, either temporarily or permanently, or pending the suspension of the plan; (d)  to provide that the lands or any part or parts thereof shown on any such plan shall thereafter, or pending such suspension or until further order of the judge, be known and described by the original township or other registration numbers or designations used prior to the registration of any such plan, or such other numbers or descriptions as to the judge may seem convenient, but shall not assign a property identifier to the lands or alter any property identifier that has been assigned under subsection 21 (2) or (4); (e)  to impose such terms and conditions as to the judge may seem proper; (f)  to fix and determine the fees and charges to be imposed and collected by land registrars for all and any services under this section, and by whom the same shall be payable; (g)  to reinstate in whole or in part any plan suspended as aforesaid, and the judge has power to make such further or other order, direction or disposition as the judge, in his or her discretion, may consider proper.  R.S.O. 1990, c. R.20, s. 88 (1); 2000, c. 26, Sched. B, s. 17 (5). Appeal from order (2) The Minister or any person affected by an order made under subsection (1) may appeal the order to the Divisional Court.  R.S.O. 1990, c. R.20, s. 88 (2). (3) Repealed:  1999, c. 12, Sched. M, s. 32. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. M, s. 32 - 22/12/1999 2000, c. 26, Sched. B, s. 17 (5) - 06/12/2000 2012, c. 8, Sched. 51, s. 38 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
89 An error, defect or omission in a registered or deposited plan may be corrected in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 89.
90 Where land has been sold in accordance with or by reference to surveys or subdivisions that so differ from the manner in which the land was surveyed or granted by the Crown that parcels so sold cannot be easily identified unless the plan is registered, the plan shall be registered if still in existence and procurable for registration.  R.S.O. 1990, c. R.20, s. 90. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 39 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
91 (1) Where land in a municipality has been sold under surveys or subdivisions made in a manner that so differs from that in which the land was surveyed or granted by the Crown that the parcels sold cannot be easily identified, and the plan has not been registered, the council of the municipality may cause a plan of the land to be made and, with the approval of the examiner of surveys endorsed thereon, registered, and the expenses of the preparation and registration of the plan may be paid in whole or in part by a special rate to be levied by assessment on the land comprised in the plan as described in a by-law to be passed for the purpose of levying such rate.  R.S.O. 1990, c. R.20, s. 91 (1). Designation of lots (2) A plan prepared under subsection (1) shall show such subdivisions of original lots as are shown by registered plans, and such as are not so shown but appear from the instruments relating to the land, with each of the lots as shown on the new plan numbered or lettered in such a manner that they may be readily identified.  R.S.O. 1990, c. R.20, s. 91 (2). Plan to comply with regulations (3) A plan under this section shall be prepared and registered in accordance with the regulations.  R.S.O. 1990, c. R.20, s. 91 (3). 92 Repealed:  R.S.O. 1990, c. R.20, s. 92 (6). Note:  Section 92 was repealed by proclamation on July 30, 1997 and all restraining orders and directions designating areas of land as subdivision plan areas made under section 92 or a predecessor thereof are rescinded on July 30, 1997.  See:  R.S.O. 1990, c. R.20, s. 92 (6). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. R.20, s. 92 (6) - 30/07/1997
93 A declaration and description, as defined in the Condominium Act, 1998, shall not be registered under this Act unless a certificate of title 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, showing the person by whom the declaration and description are being registered as the owner in fee simple of the land has been registered.  2009, c. 33, Sched. 17, s. 12 (9). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 12 (9) - 15/12/2009 Fees of Land Registrars
94 (1) Where an Act requires or permits an instrument to be registered, deposited or filed in a land registry office or requires a land registrar to perform any service and no fees therefor are provided by this Act or the regulations or by any other Act of Ontario, the land registrar, in the absence of any express provision requiring him or her to perform such services gratuitously, is entitled to such reasonable fees therefor as the Director may fix, to be paid by the person requiring the service to be performed.  R.S.O. 1990, c. R.20, s. 94 (1). Idem (2) Where an Act provides a fee for registration but does not provide a fee for additional entries where the instrument embraces more than one lot or parcel, the Director may, subject to the regulations, fix the fee to be paid to the land registrar in respect of each lot or parcel after the first.  R.S.O. 1990, c. R.20, s. 94 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 40 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
95 (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, and shall thereupon notify the person interested or the person’s agent of such submission, and the decision of the Director upon the question submitted is final, unless appealed from and varied upon appeal as hereinafter mentioned.  R.S.O. 1990, c. R.20, s. 95 (1). Reduction of fees (2) Where, in the opinion of the Director, a fee payable under this Act is unduly excessive, having regard to all the circumstances, the Director may reduce the fee to such amount as he or she considers appropriate.  R.S.O. 1990, c. R.20, s. 95 (2). Appeal from Director (3) All decisions given by the Director 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. R.20, s. 95 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 41 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
96 Upon receiving an instrument for registration or a document or plan for deposit, it and the fee charged shall be recorded in the manner approved by the Director.  2012, c. 8, Sched. 51, s. 42. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 42 - 13/10/2020 Director
97 The Director shall, (a)  direct how and in what manner any particular act shall be done or amendment or correction made to whatever the Director may find amiss, if the directions relate to the powers and duties of the Director; and (b)  perform the other duties that the Minister prescribes.  2012, c. 8, Sched. 51, s. 42. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 254 (1-3) - 18/12/1998 2000, c. 26, Sched. B, s. 17 (12-14) - 06/12/2000 2012, c. 8, Sched. 51, s. 42 - 13/10/2020 97.1 Repealed: 2012, c. 8, Sched. 51, s. 42. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (15) - 06/12/2000 2012, c. 8, Sched. 51, s. 42 - 13/10/2020
98 If the Director or the Director of Titles, in the performance of duties under this Act, has occasion to make an inquiry or to determine any matter, section 33 of the Public Inquiries Act, 2009 applies to that inquiry or determination.  2009, c. 33, Sched. 6, s. 83. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B,  s. 17 (16) - 06/12/2000 2009, c. 33, Sched. 6, s. 83 - 01/06/2011 2012, c. 8, Sched. 51, s. 43 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
99 Every land registrar shall transmit to the Director or the Director of Titles those particulars with reference to the business of the land registrar’s office that the Director or the Director of Titles, as the case may be, requires.  2000, c. 26, Sched. B, s. 17 (16). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B,  s. 17 (16) - 06/12/2000 2012, c. 8, Sched. 51, s. 44 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
100 (1) The Director of Titles may make orders specifying anything that subsection 49 (1), 50 (1), 56 (8), clause 57 (c) or subsection 76 (2) or section 105 or 108 requires or authorizes the Director of Titles to specify.  1998, c. 18, Sched. E, s. 255; 2000, c. 26, Sched. B, s. 17 (17); 2002, c. 18, Sched. E, s. 8 (6). Not regulations (2) An order made by the Director of Titles under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 18, Sched. E, s. 255; 2000, c. 26, Sched. B, s. 17 (17); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 255 - 18/12/1998 2000, c. 26, Sched. B, s. 17 (17) - 06/12/2000 2002, c. 18, Sched. E, s. 8 (6) - 26/11/2002 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2012, c. 8, Sched. 51, s. 45 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Penalty for Altering Books or Documents
101 (1) A person, other than the land registrar or other officer when entitled by law to do so, is guilty of an offence if the person, (a)  alters any book, record, plan, registered instrument or deposited document; (b)  by any means or in any way adds to or takes from the contents of any book, record, plan, instrument or document; or (c)  removes or attempts to remove any book, record, plan, instrument or document from the place where it is kept.  2006, c. 34, s. 22 (1). Exception (2) Subsection (1) does not apply to alterations to a record made by direct electronic transmission under Part III of the Land Registration Reform Act.  2006, c. 34, s. 22 (1). Penalty (3) A person who is convicted of an offence under this section is liable to, (a)  a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, for each book, record, plan, instrument or document that the person alters, removes or attempts to remove, if the person is an individual; and (b)  a fine of not more than $250,000 for each book, record, plan, instrument or document that the person alters, removes or attempts to remove, if the person is a corporation.  2006, c. 34, s. 22 (1). Order for compensation or restitution (4) If a person is convicted of an offence under this section, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or to make restitution.  2006, c. 34, s. 22 (1). Limitation (5) No proceeding under this section shall be commenced more than six years after the facts upon which the proceeding is based first came to the knowledge of the Director of Titles.  2006, c. 34, s. 22 (1). Evidence (6) A statement as to the time when the facts on which the proceeding is based first came to the knowledge of the Director of Titles, that purports to be certified by the Director of Titles, is, without proof of the person’s office or signature, evidence of the facts stated in it.  2006, c. 34, s. 22 (1). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 99 (4) - 09/12/1994 2006, c. 34, s. 22 (1)
- 20/12/2006 2012, c. 8, Sched. 51, s. 46 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 Powers of Minister
102.1 The application of any provision of an order made by the Director of Titles under section 100, an order made by the Minister under section 101.1, or a regulation made under section 102 may be limited to one or more registry divisions or one or more part or parts of a registry division or divisions.  1998, c. 18, Sched. E, s. 257 (1); 2000, c. 26, Sched. B, s. 17 (20). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 257 (1) - 18/12/1998 2000, c. 26, Sched. B, s. 17 (20) - 06/12/2000 2012, c. 8, Sched. 51, s. 48 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
103 (1) Despite any provision of this Act or of the Land Titles Act, the Minister may make regulations for standardizing the procedures in the land titles system and the registry system and for integrating the records of those systems in land registry offices where both systems are operated, and may limit the application of any provision of the regulations to one or more registry or land titles divisions.  R.S.O. 1990, c. R.20, s. 103 (1); 1998, c. 18, Sched. E, s. 258 (1). Note:  The Lieutenant Governor in Council may by regulation revoke regulations made under subsection (1), as it read before December 18, 1998, if the Minister makes a regulation under subsection (1), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 258 (1), that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 258 (2). (2) Repealed:  1998, c. 18, Sched. E, s. 258 (3). Note:  Despite the repeal of subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection (2), as it read immediately before December 18, 1998, if the Minister makes a regulation under paragraph 7 of subsection 102 (1), as re-enacted by the Statutes of Ontario 1998, chapter 18, Schedule E, subsection 257 (1), that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 258 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 258 (1-4) - 18/12/1998 104 Repealed:  1998, c. 18, Sched. E, s. 259 (1). Note:  Despite the repeal of section 104, regulations made under section 104, as it read immediately before December 18, 1998, continue until the Director makes an order under section 13, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 212, that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 259 (2). Note:  Despite the repeal of section 104, the Director may by regulation revoke regulations made under section 104, as it read immediately before December 18, 1998, if the Director makes an order under section 13, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 212, that is inconsistent with those regulations.  See:  1998, c. 18, Sched. E, s. 259 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 259 (1-3) - 18/12/1998 PART II   DEPOSITS
105 In this Part, “document” includes, (a)  a plan of survey, (b)  any certificate, affidavit, statutory declaration or other proof as to the birth, baptism, marriage, divorce, death, burial, descendants or pedigree of any person, or as to the existence or non-existence, happening or non-happening of any fact, event or occurrence upon which the title to land may depend, (c)  a notice of sale, or other notice necessary to the exercise of any power of sale or appointment or other power relating to land, (d)  a receipt for payment of money under a registered instrument, and (e)  a notarial copy of a certificate, affidavit, statutory declaration, proof, notice or receipt described in this section that the Director specifies.  1998, c. 18, Sched. E, s. 260. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 260 - 18/12/1998
106 (1) A document may be deposited and shall be recorded in the manner specified by the Director in any registry division in which any land to which it relates is situate.  2012, c. 8, Sched. 51, s. 49. Effect of deposit (2) The deposit of a document under this Part shall not be deemed a registration thereof and the admissibility or value of any document as evidence shall not be affected by the deposit.  R.S.O. 1990, c. R.20, s. 106 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 49 - 13/10/2020
107 On every deposit, the person making the deposit shall deliver to the land registrar a requisition in the prescribed form containing a description of the land to which the deposit relates that complies with section 25.  1998, c. 18, Sched. E, s. 261. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 261 - 18/12/1998 2012, c. 8, Sched. 51, s. 50 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
108 (1) Upon receiving a requisition under section 107 and the documents mentioned in it, the land registrar shall cause words indicating that the documents have been deposited and the date and deposit number to be endorsed on the requisition.  R.S.O. 1990, c. R.20, s. 108 (1); 1993, c. 27, Sched.; 2004, c. 19, s. 19. Certificate of deposit (2) Upon receiving a requisition under subsection 107 (3), the land registrar shall cause a certificate of deposit in the prescribed form to be endorsed on the requisition and every duplicate of it.  R.S.O. 1990, c. R.20, s. 108 (2). Idem (3) Deposits shall be numbered consecutively in order of time of receipt, in accordance with subsections 49 (1) and (5), as though they were instruments or a separate class of instruments.  R.S.O. 1990, c. R.20, s. 108 (3). Entry in abstract index (4) The land registrar shall enter in the abstract index against each lot, parcel or property mentioned in the requisition a reference to the deposit number and, where the requisition refers to only a part of a lot, the entry in the abstract index shall include a reference to the part of the lot.  R.S.O. 1990, c. R.20, s. 108 (4); 1993, c. 27, Sched. Custody of deposits (5) The provisions of Part I applying to property in or custody of instruments apply to documents deposited under this Part or under The Custody of Documents Act, being chapter 85 of the Revised Statutes of Ontario, 1960, or any predecessor thereof.  R.S.O. 1990, c. R.20, s. 108 (5). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1998, c. 18, Sched. E, s. 262 (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 (20) - 06/12/2000 2004, c. 19, s. 19 - 30/11/2004 2012, c. 8, Sched. 51, s. 51 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
109 (1) Sections 15 and 17 and clause 50 (1) (b) apply to every document deposited under this Part.  R.S.O. 1990, c. R.20, s. 109 (1). Refusal to deposit or record (2) The land registrar may, (a)  refuse to accept for deposit a document, (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, relate to an interest in land; and (b)  refrain from recording a part of a deposited document if the part does not, in the land registrar’s opinion, relate to an interest in land.  R.S.O. 1990, c. R.20, s. 109 (2); 1998, c. 18, Sched. E, s. 263. Where ss. 107 and 108 do not apply (3) In respect of a reference plan referred to in section 80 or 81 or in the regulations, the procedures prescribed by the regulations apply in lieu of the requirements set out in sections 107 and 108.  R.S.O. 1990, c. R.20, s. 109 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 263 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 52 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
110 (1) The deposit of a document under this Part shall be deemed a sufficient compliance with, and fulfilment of, any covenant or agreement entered into by any person to produce or allow the inspection of, or the making of, any copy of or extract from the document, and absolves any person liable for the production or custody thereof from any further liability in respect of such custody or production.  R.S.O. 1990, c. R.20, s. 110 (1). Expenses of executors, etc. (2) An executor, administrator, estate trustee or trustee may reimburse himself, herself or itself out of the estate for any expense that is incurred in or about depositing any document that came into his, her or its possession or control as such executor, administrator or trustee.  R.S.O. 1990, c. R.20, s. 110 (2); 1998, c. 18, Sched. E, s. 264. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 264 - 18/12/1998 PART III   INVESTIGATION OF TITLES
111 (1) In this Part, “claim” means a right, title, interest, claim, or demand of any kind or nature whatsoever affecting land set forth in, based upon or arising out of a registered instrument, and, without limiting the generality of the foregoing, includes a mortgage, lien, easement, agreement, contract, option, charge, annuity, lease, dower right, and restriction as to the use of land or other encumbrance affecting land; (“réclamation”) “notice of claim” means a notice of claim that is registered under subsection 113 (2) and that is in the prescribed form and includes a notice registered under a predecessor of this Part or under The Investigation of Titles Act, being chapter 193 of the Revised Statutes of Ontario, 1960, or a predecessor of it; (“avis de réclamation”) “notice period” means the period ending on the day 40 years after the later of, (a)  the day of the registration of an instrument that first creates a claim, or (b)  the day of the registration of a notice of claim for a claim; (“délai d’avis”) “owner” means a person, other than a lessee or a mortgagee, entitled to a freehold or other estate or interest in land at law or in equity, in possession, in futurity or in expectancy; (“propriétaire”) “title search period” means the period of forty years described in subsection 112 (1); (“délai de recherche”) “year” means a period of 365 consecutive days or, if the period includes February 29, 366 consecutive days. (“année”)  R.S.O. 1990, c. R.20, s. 111 (1); 2006, c. 34, s. 22 (2, 3). Claims under unregistered instruments (2) A claim referred to in clause 113 (5) (a) or (b) is not confined to a claim under a registered instrument.  R.S.O. 1990, c. R.20, s. 111 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 22 (2, 3) - 20/12/2006