jswizzle3737/ontario_laws_and_regs huggingface dataset:
112 (1) A person dealing with land shall not be required to show that the person is lawfully entitled to the land as owner thereof through a good and sufficient chain of title during a period greater than the forty years immediately preceding the day of such dealing, except in respect of a claim referred to in subsection 113 (5).  R.S.O. 1990, c. R.20, s. 112 (1). Deemed commencement of chain of title (2) Where there has been no conveyance, other than a mortgage, of the freehold estate registered within the title search period, the chain of title commences with the conveyance of the freehold estate, other than a mortgage, most recently registered before the commencement of the title search period.  R.S.O. 1990, c. R.20, s. 112 (2). Instruments registered prior to title search period not effective (3) A chain of title does not depend upon and is not affected by any instrument registered before the commencement of the title search period except, (a)  an instrument that, under subsection (2), commences the chain of title; (b)  an instrument in respect of a claim for which a valid and subsisting notice of claim was registered during the title search period; and (c)  an instrument in relation to any claim referred to in subsection 113 (5).  R.S.O. 1990, c. R.20, s. 112 (3).
113 (1) A claim that is still in existence on the last day of the notice period expires at the end of that day unless a notice of claim has been registered.  R.S.O. 1990, c. R.20, s. 113 (1). Notice of claim (2) A person having a claim or a person acting on that person’s behalf, may register a notice of claim with respect to the land affected by the claim, (a)  at any time within the notice period for the claim; or (b)  at any time after the expiration of the notice period but before the registration of any conflicting claim of a purchaser in good faith for valuable consideration of the land.  2006, c. 34, s. 22 (4). Renewal (3) A notice of claim may be renewed from time to time by the registration of a notice of claim in accordance with subsection (2).  R.S.O. 1990, c. R.20, s. 113 (3). Effect of notice of claim (4) Subject to subsection (7), when a notice of claim has been registered, the claim affects the land for the notice period of the notice of claim.  R.S.O. 1990, c. R.20, s. 113 (4). Exceptions (5) This Part does not apply to, (a)  a claim, (i)  of the Crown reserved by letters patent, (ii)  of the Crown in unpatented land or in land for which letters patent have been issued, but which has reverted to the Crown by forfeiture or cancellation of letters patent, or in land that has otherwise reverted to the Crown, (iii)  of the Crown or a municipality in a public highway or lane, (iv)  of a person to an unregistered right of way, easement or other right that the person is openly enjoying and using; (b)  a claim arising under any Act; or (c)  a claim of a corporation authorized to construct or operate a railway, including a street railway or incline railway, in respect of lands acquired by the corporation after the 1st day of July, 1930, and, (i)  owned or used for the purposes of a right of way for railway lines, or (ii)  abutting such right of way.  R.S.O. 1990, c. R.20, s. 113 (5); 2006, c. 34, s. 22 (5). Freehold estates (6) Subsection (1) does not apply to a claim to a freehold estate in land or an equity of redemption in land by a person continuously shown by the abstract index for the land as being so entitled for more than forty years as long as the person is so shown.  R.S.O. 1990, c. R.20, s. 113 (6). Claims not validated (7) The registration of a notice of claim does not validate or extend a claim that is invalid or that has expired other than as a result of subsection (1).  R.S.O. 1990, c. R.20, s. 113 (7). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 22 (4, 5) - 20/12/2006
115 (1) Where there is a conflict between any provision of this Part and any provision of Part I or Part II of this Act or of any provision of any other Act or any rule of law, the provision of this Part prevails.  R.S.O. 1990, c. R.20, s. 115 (1). Application (2) This Part applies to every claim and notice of claim, whether registered before or after the 1st day of August, 1981.  R.S.O. 1990, c. R.20, s. 115 (2). PART IV   COMPENSATION
116 (1) A person wrongfully deprived of land registered under this Act by reason of, (a)  the deletion of an entry under section 56 or 67; or (b)  any error or omission in recording a registered instrument, is entitled to compensation out of The Land Titles Assurance Fund formed under section 54 of the Land Titles Act.  R.S.O. 1990, c. R.20, s. 116 (1). Qualifications (2) A person is not entitled to any compensation out of The Land Titles Assurance Fund in respect of land registered under this Act unless, (a)  the person has been wrongfully deprived of land for a reason set out in subsection (1); (b)  the person is unable to recover what is just by way of compensation or damages from any person whose act caused the loss or who was privy to any such act; and (c)  the claim for compensation is made within six years from the time the person discovered or ought reasonably to have discovered the deletion, error or omission.  R.S.O. 1990, c. R.20, s. 116 (2). Persons under disabilities (3) Despite clause (2) (c), a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, may make a claim for compensation under this Part at any time within six years from the day on which the minority or incapacity ceased but not more than twenty years after the deletion, error or omission occurred.  R.S.O. 1990, c. R.20, s. 116 (3); 2009, c. 33, Sched. 2, s. 64 (2). Reliance on automated index (4) A person who suffers damage because of an error in recording an instrument affecting land designated under Part II of the
Land Registration Reform Act in the abstract index is entitled to compensation from The Land Titles Assurance Fund, and clauses (2) (a) and (b) do not apply to the person’s right to compensation.  R.S.O. 1990, c. R.20, s. 116 (4). Application of Land Titles Act (5) Section 26, subsections 57 (6) to (13), (17) and (18), section 58 and subsection 162 (3) of the Land Titles Act apply with necessary modifications to claims for compensation under this Part.  R.S.O. 1990, c. R.20, s. 116 (5); 2009, c. 33, Sched. 17, s. 12 (12). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 64 (2) - 15/12/2009; 2009, c. 33, Sched. 17, s. 12 (12) - 15/12/2009
116.1 (1) If, as a result of the registration of 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, a person is wrongfully deprived of an interest in land, the person is entitled to recover what is just by way of compensation out of The Land Titles Assurance Fund, so far as it is sufficient for that purpose having reference to other charges on the land, if the application is made, (a)  within six years from the time of having been so deprived; or (b)  in the case of a person who is a minor or otherwise incapable of making an application as a result of his or her incapacity to manage property as defined in the Substitute Decisions Act, 1992, whether or not a guardian has been appointed, within six years from the date at which the incapacity ceased.  2009, c. 33, Sched. 17, s. 12 (13). Exception (2) A person is not entitled to compensation from The Land Titles Assurance Fund in respect of an interest in land existing before the effective date of the certificate of title unless that interest is registered under this Act against the title to the land or notice of it was given to the Director of Titles before the certificate was registered.  2009, c. 33, Sched. 17, s. 12 (13). Applications for compensation (3) Section 26, subsections 57 (6) to (13), (17) and (18), section 58 and subsection 162 (3) of the Land Titles Act apply with necessary modifications to claims for compensation under this section.  2009, c. 33, Sched. 17, s. 12 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 12 (13) - 15/12/2009 2012, c. 8, Sched. 51, s. 53 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
116.2 (1) Upon becoming aware of a possible error in a certificate of title, the Director of Titles may give notice of the possible error by registering a notice in the form approved by the Director of Titles.  2009, c. 33, Sched. 17, s. 12 (13). Contents of notice (2) The notice shall give notice of the possible error to all persons until the Director of Titles deletes it from the abstract index.  2009, c. 33, Sched. 17, s. 12 (13). Amendment of certificates (3) Subject to the regulations, the Director of Titles, of his or her own initiative or on the application of any interested person, may, before receiving any conflicting instruments or after notifying all persons interested, correct errors and omissions in any certificate of title by issuing an amendment to the certificate of title if the Director of Titles receives the evidence that he or she considers sufficient.  2009, c. 33, Sched. 17, s. 12 (13). Extent of amendment (4) In correcting a certificate of title, the Director of Titles shall correct it in the manner that the Director of Titles considers will do the least possible injury to any person affected by the correction.  2009, c. 33, Sched. 17, s. 12 (13). Copies of decision (5) If the Director of Titles decides to make a correction under subsection (3) on the application of an interested person or after notifying the interested persons, the Director of Titles shall mail or deliver a copy of the decision to the applicant and the persons who received the notice.  2009, c. 33, Sched. 17, s. 12 (13). Registration of amendment (6) The Director of Titles shall register an amendment to a certificate of title in the land registry office for the registry division in which the land affected by the certificate is situated.  2009, c. 33, Sched. 17, s. 12 (13). Effect of registration (7) Upon registration under subsection (6), an amendment to a certificate of title takes effect in accordance with the terms set out in the amendment and is conclusive that every notice, publication, proceeding and act that ought to have been made, given or done has been made, given or done in accordance with this Act.  2009, c. 33, Sched. 17, s. 12 (13). Claim against fund (8) A person injuriously affected by an amendment to a certificate of title is entitled to recover what is just by way of compensation out of The Land Titles Assurance Fund as if the person were one wrongfully deprived of an interest in land as a result of the registration of 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.  2009, c. 33, Sched. 17, s. 12 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 12 (13) - 15/12/2009 2012, c. 8, Sched. 51, s. 53 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
117 If, while a deletion or omission of any entry relating to any mortgage or other instrument securing the payment of money is subsisting, an innocent person has acquired an estate, right or interest in the land mentioned in the mortgage or other instrument, and the estate, right or interest of the innocent person is set forth in, is based upon or arises out of an instrument registered before the deletion or omission is corrected, (a)  the estate, right or interest of the innocent person in the land is not affected by any claim under the mortgage or other instrument; and (b)  the person whose interest under the mortgage or other instrument is extinguished under clause (a) is entitled to compensation under this Part.  R.S.O. 1990, c. R.20, s. 117.
118 (1) No action or other proceeding for damages shall be instituted against any officer or employee of the Ministry of the Minister or anyone acting under the Minister’s authority for any act done in good faith in the execution or intended execution of his or her duty under this Act, or for any alleged neglect or default in the execution in good faith of his or her duty under this Act.  R.S.O. 1990, c. R.20, s. 118 (1); 2001, c. 9, Sched. D, s. 13; 2012, c. 8, Sched. 51, s. 54. Crown liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  R.S.O. 1990, c. R.20, s. 118 (2); 2019, c. 7, Sched. 17, s. 151. 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. 54 - 13/10/2020 2019, c. 7, Sched. 17, s. 151 - 01/07/2019 ______________  Français