Registration requirements, real property
43. (1) Within two years after the effective date of a transfer of real property by a transfer order, the transferee shall take all such actions as are necessary to register or deposit under the Registry Act or to register under the Land Titles Act against title to the real property a document that includes the following: 1. Form 1 of Regulation 688 of the Revised Regulations of Ontario, 1990 (“Form of Documents”) made under the Land Registration Reform Act that sets out the transferor and the transferee as the parties, executed by the transferee. 2. A statement executed by the transferee, i. stating that the transferor’s interest in and rights in respect of the real property were transferred to the transferee by a transfer order made by the Lieutenant Governor in Council under this Act, ii. identifying the real property by including a legal description in registrable form of the real property, iii. specifying the interest or rights that were transferred by the transfer order, iv. specifying the date on which the transfer took effect, as set out in the transfer order, v. identifying the transfer order by setting out the names of the transferor and the transferee and the date the transfer order was made or by referring to a copy of the transfer order that is attached to the document, vi. setting out the restrictions imposed by section 50, and vii. stating that the document meets the requirements of this Act. 2000, c. 27, s. 43 (1). Form of document (2) The document required by subsection (1) may be prepared in a form suitable for a transfer that is submitted for electronic registration. 2000, c. 27, s. 43 (2). Registration or deposit (3) The document required by subsection (1) may be registered or deposited and shall be accepted for registration or deposit under the Registry Act and may be registered and shall be accepted for registration under the Land Titles Act, despite any provision of those Acts. 2000, c. 27, s. 43 (3). Same (4) Despite the Land Registration Reform Act, the document required by subsection (1) shall be accepted for registration or deposit even if the form required by paragraph 1 of subsection (1) has not been executed by or on behalf of the transferor. 2000, c. 27, s. 43 (4). Purpose of Form 1 (5) The purpose of the registration or deposit of a Form 1 under subsection (1) is solely to give notice to the public of the transfer by transfer order of the real property identified in the form. 2000, c. 27, s. 43 (5). Deeming re Planning Act (6) If the document required by subsection (1) is registered or deposited under the Registry Act or registered under the Land Titles Act, the document shall be deemed, for the purposes of the Planning Act, to be a deed or transfer, as the case may be, containing the statements described in clauses 50 (22) (a), (b) and (c) of the Planning Act. 2000, c. 27, s. 43 (6). Registration, etc., on request (7) If, on or after the effective date of a transfer of real property by a transfer order but before the transferee has complied with subsection (1), a person is or purports to be lawfully entitled to register or deposit a document under the Registry Act or to register a document under the Land Titles Act against title to the real property, the transferee, at the request of that person, shall take as expeditiously as possible all such actions as are necessary to register or deposit under the Registry Act or to register under the Land Titles Act a document described in subsection (1). 2000, c. 27, s. 43 (7). Effect of failure to register, etc. (8) If, on or after the effective date of a transfer of real property by a transfer order, a person does not know that the real property has been transferred to the transferee because the transferee has not yet registered or deposited under the Registry Act or registered under the Land Titles Act a document described in subsection (1) and if, as a result of that, a right of the person against the transferee is adversely affected by the expiration of the period of time for doing something, the transferee is not entitled to raise the expiration of the period of time as a defence to a proceeding by the person. 2000, c. 27, s. 43 (8). Same (9) If, on or after the effective date of a transfer of real property by a transfer order, the transferee has not yet registered or deposited under the Registry Act or registered under the Land Titles Act a document described in subsection (1), the transferor may take all such actions as are necessary to do so on behalf of the transferee, including making the statement described in paragraph 2 of subsection (1) on behalf of the transferee. 2000, c. 27, s. 43 (9). Liability of transferor (10) A transferor is not liable to any person for exercising or not exercising its power under subsection (9). 2000, c. 27, s. 43 (10). Provincial housing costs (11) Expenses incurred by the transferor in exercising its power under subsection (9) may be included in the amount of provincial housing costs determined under section 122. 2000, c. 27, s. 43 (11). Evidence (12) A statement described in paragraph 2 of subsection (1) that is included in a document registered or deposited under this section shall be deemed to be conclusive evidence of the facts stated in it. 2000, c. 27, s. 43 (12).