Power to make leases for 21 years
32 (1) The following persons, unless the settlement contains an express declaration that it is not lawful for them to make the demise, may from time to time and without any application to the court, except as hereinafter mentioned, demise the settled estate or any part thereof for any term, not exceeding twenty-one years, to take effect in possession at or within one year next after the making thereof: 1. A person entitled to the possession or to the receipt of the rents and profits of any settled estate, for an estate for life or for a term of years determinable with any life or lives or for any greater estate not holding merely under a lease at a rent. 2. A tenant in fee simple with an executory limitation, gift or disposition over on failure of the tenant’s issue or in any other event. 3. A tenant for years determinable on life not holding merely under a lease at a rent. 4. A tenant for the life of another not holding merely under a lease at a rent. 5. A tenant for the tenant’s own or any other life or for years determinable on life, whose estate is liable to cease in any event during that life, whether by expiration of the estate or by conditional limitation or otherwise, or to be defeated by an executory limitation, gift or disposition over, or is subject to a trust for accumulation of income for payment of debts or any other purpose. 6. A person entitled to the income of land under a trust or direction for payment thereof to the person during the person’s own or any other life whether subject to expenses of management or not or until sale of the land or until forfeiture of the person’s interest therein on bankruptcy or other event.  R.S.O. 1990, c. S.7, s. 32 (1). Curtesy and dower (2) The powers conferred by subsection (1) may be exercised by a person entitled to the possession or to the receipt of the rents and profits of unsettled land as tenant by the curtesy or tenant in dower.  R.S.O. 1990, c. S.7, s. 32 (2). Additional powers (3) Any of the persons empowered by subsections (1) and (2) to make a demise may also make, (a) a lease for giving effect to a contract entered into by any of the person’s predecessors in title for making a lease that, if made by the predecessor, would have been binding on the successors in title; and (b) a lease for giving effect to a covenant of renewal, performance whereof could be enforced against the owner for the time being of the settled estate; and (c) a lease for confirming, as far as may be, a previous lease being void or voidable; but so that every lease, as and when confirmed, shall be such a lease as might at the date of the original lease have been lawfully granted under this Act, or otherwise as the case may require.  R.S.O. 1990, c. S.7, s. 32 (3). Joint action (4) Where two or more persons are under the same settlement or otherwise entitled in possession to concurrent estates for life, or are concurrently entitled to the possession or receipts of the rents and profits as in subsection (1) mentioned, they shall, for the purposes of this section, act concurrently.  R.S.O. 1990, c. S.7, s. 32 (4). Form of lease (5) Every demise made under this section shall be by deed in duplicate, and for the best rent that can reasonably be obtained, which rent shall be incident to the immediate reversion and shall be made payable half-yearly or oftener.  R.S.O. 1990, c. S.7, s. 32 (5). Conditions (6) Such demise shall not be made without impeachment of waste and shall not authorize the cutting of any timber or felling of any trees except in the ordinary course of husbandry, and shall contain a covenant for payment of the rent and such other usual and proper covenants as the lessor thinks fit, and shall be subject to the statutory right of re-entry for non-payment of rent in the Commercial Tenancies Act.  R.S.O. 1990, c. S.7, s. 32 (6); 1997, c. 24, s. 221 (2). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 221 (2) - 17/06/1998