Electronic Land Registration Services Act, 2010

Bills that amended this Act0

No published amendment links yet for this Act.

Sections21

• 1Definitions

  1 In this Act, “Commissioner” means the Electronic Land Registration Services Commissioner appointed under section 3; (“commissaire”) “minister” means a minister of the Crown who enters into a service provider agreement on behalf of the Crown in right of Ontario; (“ministre”) “service provider” means a person who has entered into a service provider agreement with the Crown in right of Ontario; (“fournisseur de services”) “service provider agreement” means an agreement entered into under subsection 2 (1). (“accord de services”) 2010, c. 1, Sched. 6, s. 1. Service Provider Agreements

• 1.
• 8.-11.
• 12.
• 2Service provider agreements authorized

  2 (1) The Minister of Government Services, the Attorney General or such other minister of the Crown as may be designated by order of the Lieutenant Governor in Council may, on behalf of the Crown in right of Ontario, enter into one or more agreements, (a) for the provision of such land registration and related services as may be specified in the agreement; (b) for the provision of such services related to writs of execution as may be specified in the agreement; (c) for granting a licence to a service provider to access, use, copy, sell and otherwise deal with the land registration and writs data specified in the agreement with the service provider; and (d) authorizing or requiring a service provider to grant sublicences to third parties to access, use, copy, sell and otherwise deal with the land registration and writs data specified in the agreement with the service provider. 2010, c. 1,…

• 2.
• 13.
• 3Appointment of Commissioner

  3 (1) The Lieutenant Governor in Council, having regard to the service provider agreements, may appoint, for a term not exceeding three years, an individual to perform the duties and exercise the powers of the Commissioner set out in this section and sections 4 and 5. 2010, c. 1, Sched. 6, s. 3 (1). Title (2) The person appointed under subsection (1) shall be known in English as the Electronic Land Registration Services Commissioner and in French as commissaire aux services d’enregistrement immobilier électronique. 2010, c. 1, Sched. 6, s. 3 (2). Renewal of appointment (3) The term of office of the Commissioner may be renewed for additional terms of office not exceeding three years. 2010, c. 1, Sched. 6, s. 3 (3). Acting Commissioner (4) If the Commissioner is absent or unable to act or the office becomes vacant, the Deputy Minister of Government Services, having regard to the service pr…

• 3.
• 4Access to records

  4 (1) A service provider shall provide the Commissioner with access to all records of the service provider that the Commissioner requires in order to perform his or her duties under this or any other Act. 2010, c. 1, Sched. 6, s. 4 (1). Privileged documents (2) Despite subsection (1), the Commissioner shall not require a service provider to provide access to any record that is subject to lawyer-client privilege. 2010, c. 1, Sched. 6, s. 4 (2). No waiver of privilege (3) A disclosure to the Commissioner by a service provider does not constitute a waiver of any legal privilege, including lawyer-client privilege. 2010, c. 1, Sched. 6, s. 4 (3).

• 4.
• 5Confidentiality

  5 (1) The Commissioner shall maintain in confidence all records and information that have been provided to him or her in confidence by a service provider or by a complainant, including any records created by the Commissioner that would reveal any confidential record or information that has been provided to him or her by the service provider or a complainant. 2010, c. 1, Sched. 6, s. 5 (1). Conflict with FIPPA (2) Subsection (1) prevails over any provision of the Freedom of Information and Protection of Privacy Act. 2010, c. 1, Sched. 6, s. 5 (2). Permitted disclosure (3) Despite subsection (1), the Commissioner may, (a) disclose to any person any written recommendation the Commissioner has made to a service provider, including any information in the written recommendation that the Commissioner views is reasonably necessary in order to explain the reasons for his or her recommendation; an…

• 5.
• 6Commissioner, etc., not compellable

  6 Neither the Commissioner nor any person employed by or in his or her office is a competent or compellable witness in a civil proceeding respecting any information given or obtained, statements made or received, or records or other things produced or received under this Act. 2010, c. 1, Sched. 6, s. 6. Arbitration

• 6.
• 7Duty to enter arbitration agreement

  7 (1) If a service provider agreement requires that a service provider enter into an arbitration agreement with a third party, the service provider shall enter into the arbitration agreement with the third party on such terms and conditions as are set out in the service provider agreement. 2010, c. 1, Sched. 6, s. 7 (1). Powers of arbitrator (2) An arbitrator appointed pursuant to an arbitration agreement referred to in subsection (1) has the authority to settle all disputes contemplated in the arbitration agreement, including the authority to impose the terms and conditions of agreements between the service provider and the third party in accordance with the terms of the arbitration agreement. 2010, c. 1, Sched. 6, s. 7 (2).

• 7.
• 8-11

  8-11 Omitted (amends, repeals or revokes other legislation). 2010, c. 1, Sched. 6, ss. 8-11.

• 8.-11
• 12

  12 Omitted (provides for coming into force of provisions of this Act). 2010, c. 1, Sched. 6, s. 12.

• 13

  13 Omitted (enacts short title of this Act). 2010, c. 1, Sched. 6, s. 13. ______________