Land Titles Act

PART I PRELIMINARY

1 In this Act, “court”, except if the context otherwise requires, means the Superior Court of Justice; (“tribunal”) “facsimile” means an accurate reproduction of a book, document or record and includes a print from microfilm and a printed copy generated by or produced from a computer record; (“fac-similé”) “fraudulent instrument” means an instrument, (a) under which a fraudulent person purports to receive or transfer an estate or interest in land, (b) that is given under the purported authority of a power of attorney that is forged, (c) that is a transfer of a charge where the charge is given by a fraudulent person, or (d) that perpetrates a fraud as prescribed with respect to the estate or interest in land affected by the instrument; (“acte frauduleux”) “fraudulent person” means a person who executes or purports to execute an instrument if, (a) the person forged the instrument, (b) the …

2 Repealed: 2012, c. 8, Sched. 28, s. 2. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 2 - 13/10/2020

PART II ORGANIZATION AND ADMINISTRATION

Application of Act

3 (1) This Act applies to such parts of Ontario as are designated by regulation. R.S.O. 1990, c. L.5, s. 3 (1). Regulations (2) The Minister may by regulation, (a) designate the parts of Ontario to which this Act applies; (b) describe the land titles divisions; and (c) make any change in the boundaries of the land titles divisions. R.S.O. 1990, c. L.5, s. 3 (2); 1998, c. 18, Sched. E, s. 103; 2012, c. 8, Sched. 28, s. 3 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 103 - 18/12/1998 2012, c. 8, Sched. 28, s. 3 (1) - 13/10/2020; 2012, c. 8, Sched. 28, s. 3 (2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

4 (1) The Minister may by regulation, (a) combine two land titles divisions into one land titles division; (b) divide a land titles division into two or more land titles divisions; (c) annex a part of a land titles division to an adjoining land titles division; (d) designate the names by which land titles divisions shall be known; (e) provide for the transfer of records and documents relating to land in a land titles division that is combined, divided or in part annexed by a regulation under clause (a), (b) or (c). R.S.O. 1990, c. L.5, s. 4 (1); 1998, c. 18, Sched. E, s. 104. Idem (2) No alteration in the boundaries of any riding, electoral district or municipality alters or affects the boundaries of any land titles division. R.S.O. 1990, c. L.5, s. 4 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 104 - 18/12/1998 2012, c. 8, Sched. 28, s. 4 - see Table of P…

5 A land registrar appointed for a land titles division may appoint as his or her representative one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the land registrar may delegate to his or her representative the powers, duties and functions under this Act that the land registrar specifies. 2006, c. 35, Sched. C, s. 58 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 105 - 18/12/1998 2006, c. 35, Sched. C, s. 58 (1) - 20/08/2007 2012, c. 8, Sched. 28, s. 4 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

6 (1) Every land titles office, including every combined registry office and land titles office, shall be known as a land registry office. R.S.O. 1990, c. L.5, s. 6 (1). Land titles system (2) The system of registration under this Act shall be known as the land titles system. R.S.O. 1990, c. L.5, s. 6 (2).

7 Upon receiving an instrument for registration or deposit, the land registrar shall record it and the fee charged in a manner approved by the Director of Land Registration. R.S.O. 1990, c. L.5, s. 7. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 5 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

Officers, etc.

8 The Director of Land Registration appointed under the Registry Act has general supervision and control over land registry offices for land titles divisions and the system for registration therein and, subject to this Act and the regulations, has similar powers and duties as he or she has under section 97 of the Registry Act, and such other duties as he or she is required to perform by the Minister. R.S.O. 1990, c. L.5, s. 8; 1998, c. 18, Sched. E, s. 106. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 106 - 18/12/1998 2012, c. 8, Sched. 28, s. 5 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

9 (1) The Deputy Minister may appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 who is a barrister and solicitor to be the Director of Titles. 1998, c. 18, Sched. E, s. 107; 2000, c. 26, Sched. B, s. 12 (2); 2006, c. 35, Sched. C, s. 58 (2). Note: Despite the amendment to subsection (1) by subsection 12 (2) of Schedule B of the Red Tape Reduction Act, 2000, the Director of Titles in office immediately before December 6, 2000 shall continue in office until the Deputy Minister appoints a successor. See: 2000, c. 26, Sched. B, s. 12 (3). Representatives (2) The Director of Titles may appoint as his or her representative one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the Director may delegate to a representative the powers, duties and functions under this or any other Act that the Director specifie…

10 (1) The Director of Titles has the authority to determine any matter relating to titles of land to which this Act applies. R.S.O. 1990, c. L.5, s. 10 (1). (2) Repealed: 1998, c. 18, Sched. E, s. 108 (1). Hearing before Director (3) If under this Act the land registrar is authorized to determine any matter, the Director of Titles may determine the matter at a hearing. 2009, c. 33, Sched. 17, s. 5 (1). Place for hearing (4) A hearing held under this Act may be held at the local land registry office, the office of the Director of Titles or some other location in Ontario that the hearing officer chooses, having regard to the circumstances of the case. 1998, c. 18, Sched. E, s. 108 (2). Notices of hearing (5) The Director of Titles shall serve or cause to be served notices of a hearing to be held by the Director of Titles under this Act and may direct a land registrar to serve any notice o…

11 (1) The Minister may make regulations transferring to the Director of Land Registration any function of the Director of Titles that is essentially of an administrative nature under any Act. R.S.O. 1990, c. L.5, s. 11 (1). Where transfer not exclusive (2) A transfer of a function in a regulation made under subsection (1) may, where it expressly so states, retain to the Director of Titles concurrent authority to perform the function transferred. R.S.O. 1990, c. L.5, s. 11 (2). Statutory references (3) A regulation made under subsection (1) shall identify each function to be transferred by citing the relevant statutory provision. R.S.O. 1990, c. L.5, s. 11 (3). Deemed amendments (4) Where a function has been transferred, the statutory provision cited and the related provisions of any regulation shall thereafter be read and construed as though “Director of Land Registration” had been subs…

12 (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 of Land Registration, and shall thereupon notify the person interested or the person’s agent of such submission, and the decision of the Director of Land Registration upon the question submitted is final, unless appealed from and varied upon appeal as hereinafter mentioned. R.S.O. 1990, c. L.5, s. 12 (1). Reduction of fees (2) Where, in the opinion of the Director of Land Registration, a fee payable under this Act is unduly excessive, having regard to all the circumstances, the Director of Land Registration may reduce the fee to such amount as he or she considers appropriate. R.S.O. 1990, c. L.5, s. 12 (2). Decisions of Director of Land Registration (3) All decisions given by the Director of Land Registration shall be in writing and the app…

13 Repealed: 1998, c. 18, Sched. E, s. 109. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 109 - 18/12/1998

14 (1) There shall be an examiner of surveys whom the Deputy Minister shall appoint. 2000, c. 26, Sched. B, s. 12 (4). Note: Despite the re-enactment of subsection (1) by subsection 12 (4) of Schedule B to the Red Tape Reduction Act, 2000, the examiner of surveys in office immediately before December 6, 2000 shall continue in office until the Deputy Minister appoints a successor. See: 2000, c. 26, Sched. B, s. 12 (5). Qualifications (2) A person shall not be appointed as examiner of surveys unless he or she is an Ontario land surveyor of not less than five years standing. R.S.O. 1990, c. L.5, s. 14 (2). Duties (3) The examiner of surveys shall work under the direction of the Director of Titles and shall perform the duties under this Act, the Boundaries Act, the Condominium Act, 1998 and the Registry Act that are required by the Director of Titles or otherwise required. 2009, c. 33, Sched…

15 The Director of Titles may appoint one or more persons, each of whom is an Ontario land surveyor, to be a representative for the purposes of, (a) exercising the powers and performing the duties of the Director of Titles under the Boundaries Act; or (b) making an order under section 110 of the Condominium Act, 1998 to amend a declaration or description under that Act. 2004, c. 19, s. 13 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 111 - 18/12/1998 2004, c. 19, s. 13 (1) - 30/11/2004 2012, c. 8, Sched. 28, s. 10 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

16 (1) No officer appointed under this Act and no person acting under his or her authority or under an order of a court or a rule is liable to any action, suit or proceeding for or in respect of an act or matter in good faith done or omitted to be done in the exercise or supposed exercise of the powers conferred by this Act or of any such order or rule. R.S.O. 1990, c. L.5, s. 16 (1). Liability of Crown (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 referred to in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. L.5, s. 16 (2); 2019, c. 7, Sched. 17, s. 98. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched…

17 Repealed: 1998, c. 18, Sched. E, s. 112. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 112 - 18/12/1998

18 (1) The Director may by order specify the days and hours during which instruments may be received for registration; no instruments may be received for registration outside those days and hours except if, (a) the Director by order specifies that instruments may be received for registration outside those days and hours; and (b) the registrations are made in accordance with the conditions, if any, set out in the Director’s order mentioned in clause (a). 2012, c. 8, Sched. 28, s. 11 (1). (2)-(5) Repealed: 2012, c. 8, Sched. 28, s. 11 (1). Scope of orders (6) An order that the Director of Land Registration makes under this section may be limited to one or more land registry offices for one or more land titles divisions. 1998, c. 18, Sched. E, s. 113. Not regulations (7) An order that the Director of Land Registration makes under this section is not a regulation within the meaning of Part I…

Authority of Officers

19 The Director of Titles may name the witnesses to be examined at a hearing under this Act or may request an official examiner of the court to take the examination of all witnesses produced by any named person or of any class of witnesses. 2009, c. 33, Sched. 17, s. 5 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 5 (4) - 15/12/2009 2012, c. 8, Sched. 28, s. 12 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

20 (1) The Director of Titles, by summons, may require the attendance of all such persons as he or she thinks fit in an application made to him or her and may in the summons require any person to produce for inspection any document, deed, instrument or evidence of title to the production of which the applicant or a trustee for the applicant is entitled. R.S.O. 1990, c. L.5, s. 20 (1); 1998, c. 18, Sched. E, s. 114; 2009, c. 33, Sched. 17, s. 5 (5). To require production of plans, books, etc. (2) He or she may also, by a like summons, require any person having the custody of any map, plan or book made or kept in pursuance of any statute to produce such map, plan or book for his or her inspection. R.S.O. 1990, c. L.5, s. 20 (2). Examination on oath (3) He or she may examine upon oath any person appearing before him or her, and may allow to every person summoned by him or her reasonable cha…

21 (1) Where upon the examination of a title or upon an application with respect to registered land the Director of Titles or the land registrar entertains a doubt as to any matter of law, he or she may state a case for the opinion of the Divisional Court and may name the parties to it, and where he or she entertains a doubt as to any matter of fact, may direct an issue to be tried for the purpose of determining such fact. R.S.O. 1990, c. L.5, s. 21 (1). Exercise of powers (2) The powers conferred by this section shall not be exercised by a land registrar except with the approval of the Director of Titles. R.S.O. 1990, c. L.5, s. 21 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 14 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

22 The land registrar, or any representative in his or her office authorized by the land registrar in writing, or any person authorized for a like purpose under the Registry Act, may administer an oath for any of the purposes of this Act. R.S.O. 1990, c. L.5, s. 22; 1998, c. 18, Sched. E, s. 115. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 115 - 18/12/1998 2012, c. 8, Sched. 28, s. 14 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

23 (1) The court, the Director of Titles or the land registrar, upon the application of any person interested made in the prescribed manner in relation to any registered land or charge, after directing such inquiries, if any, to be made and notices given and after hearing such persons as the court, the Director of Titles or the land registrar considers necessary or expedient, may issue an order or make an entry inhibiting for a time or until the occurrence of an event to be named in such order or entry or generally until further order or entry any dealing with registered land or with a registered charge. R.S.O. 1990, c. L.5, s. 23 (1). (2) Repealed: 1998, c. 18, Sched. E, s. 116. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 116 - 18/12/1998 2012, c. 8, Sched. 28, s. 14 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, …

PART III JURISDICTION OF THE COURT

24 (1) Any jurisdiction of the court under this Act, other than an appeal to which section 19 of the Courts of Justice Act applies, may be exercised by a judge of the court. R.S.O. 1990, c. L.5, s. 24 (1). Costs (2) The court, on any application or in any other matter or proceeding coming before it under this Act, has the like authority in respect of costs as it has in any ordinary proceeding within its jurisdiction. R.S.O. 1990, c. L.5, s. 24 (2).

25 (1) Officers appointed under this Act shall obey the order of any competent court in relation to registered land on being served with the order or a certified copy thereof. R.S.O. 1990, c. L.5, s. 25 (1). Registration under vesting order (2) Where under an order of the court freehold or leasehold land or a charge is vested in any person, the land registrar shall, on due proof of the order, make such entries in the register as are necessary to give effect thereto, but, if any person whose estate is affected by the order is not shown by the order to be a party to the cause or matter in which the order was made, the applicant shall furnish such evidence as is requisite to show that the person is bound thereby. R.S.O. 1990, c. L.5, s. 25 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 15 - see Table of Public Statute Provisions Repealed Under Section 10.1 of t…

26 A party to a hearing held under this Act may appeal the decision or order of the Director of Land Registration or the Director of Titles to the court within 30 days of the date of the decision or order, as the case may be, and the appeal shall be by way of a new trial. 2009, c. 33, Sched. 17, s. 5 (8). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 117 - 18/12/1998 2009, c. 33, Sched. 17, s. 5 (8) - 15/12/2009 2012, c. 8, Sched. 28, s. 16 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

27 Any person affected by an order made under this Act by a judge of the court may appeal to the Divisional Court within 30 days of the date of the decision and, subject to the rules, in like manner as in the case of other appeals to that court. R.S.O. 1990, c. L.5, s. 27; 1998, c. 18, Sched. E, s. 118. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 118 - 18/12/1998

28 (1) If a minor, person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, person absent from Canada or person yet unborn is interested in land in respect of the title to which a question arises, any person interested in the land may apply to the Divisional Court for a direction that the opinion of the court in the case stated to it under this Act shall be conclusively binding on the minor, person who is incapable, person absent from Canada or unborn person. 2006, c. 19, Sched. G, s. 3 (1); 2009, c. 33, Sched. 2, s. 41 (1, 2). Powers of Divisional Court on stated case (2) The Divisional Court shall hear the allegations of all parties appearing before it and may disapprove altogether or may approve, either with or without modification, of the directions of the Director of Titles or of the land registrar in respect of any case sta…

29 (1) Where an action is instituted for the specific performance of a contract relating to registered land or a registered charge, the court having cognizance of the action may by such mode as it considers expedient cause all or any persons who have registered estates or rights in the land or charge, or have entered notices, cautions or inhibitions against the same, to appear in the action and show cause why the contract should not be specifically performed, and the court may direct that an order made by the court in the action is binding on such persons or any of them. R.S.O. 1990, c. L.5, s. 29 (1). Costs in action for specific performance (2) All costs awarded to a person so appearing may, if the court so orders, be assessed as between solicitor and client. R.S.O. 1990, c. L.5, s. 29 (2).

PART IV APPLICATION FOR FIRST REGISTRATION

Applicants

30 (1) A person entitled for the person’s own benefit at law or in equity to an estate in fee simple in land, whether or not subject to encumbrances, or a person capable of disposing for the person’s own benefit by way of sale of an estate in fee simple in land, whether or not subject to encumbrances, may apply to the land registrar to be registered under this Act or to have registered in the person’s stead any nominee as owner of the land with an absolute, qualified or possessory title, as the case may be. R.S.O. 1990, c. L.5, s. 30 (1); 1998, c. 18, Sched. E, s. 119. Application by purchaser (2) A person who has contracted to buy for the person’s own benefit an estate in fee simple in land, whether or not subject to encumbrances, may also apply if the vendor consents to the application. R.S.O. 1990, c. L.5, s. 30 (2). Application by or authorized by trustee, etc. (3) A person holding l…

31 (1) The council of any municipality to which this Act applies may by by-law authorize an application to be made to the land registrar to have any land that is within the municipality registered under this Act. R.S.O. 1990, c. L.5, s. 31 (1). No consent required (2) For the purpose of an application under subsection (1), the municipality shall be deemed to be the agent of the owners and other persons having an interest in the land designated in the by-law and it is not necessary to obtain the consent of such owners and other persons to the application. R.S.O. 1990, c. L.5, s. 31 (2). Costs (3) The costs of and incidental to an application under subsection (1) shall be borne and paid by the municipality making the application and the municipality may recover the same by levy of a special rate of assessment on all parcels included in the application or in the municipality. R.S.O. 1990, c…

32 (1) A land registrar, with the concurrence of the Director of Titles, may, subject to the regulations or the orders made under subsection (4), register under this Act any land in his or her land titles division to which the Registry Act applies, including land owned by the Crown in right of Canada or Ontario in respect of which evidence of such ownership has been registered under the Registry Act. R.S.O. 1990, c. L.5, s. 32 (1); 1998, c. 18, Sched. E, s. 121 (1). Discretion of land registrar re quality of title (2) A parcel of land may be registered under this section with an absolute, possessory, qualified or leasehold title, according to the circumstances, as appears most appropriate to the land registrar. R.S.O. 1990, c. L.5, s. 32 (2). Title may be qualified as to location and extent (3) A parcel of land may be registered under this section with a title qualified as to the locatio…

33 (1) A land registrar shall register a Crown grant received by him or her under section 37 of the Public Lands Act that meets the requirements for registration set out in this Act and the regulations. R.S.O. 1990, c. L.5, s. 33 (1). Where notice of caution or adverse claim unnecessary (2) It is not necessary to issue a notice in respect of a caution or adverse claim that has been lodged if, by the certificate of the Minister or Deputy Minister of Natural Resources, it appears that the claim in respect of which the caution or adverse claim was lodged was considered by the said Minister and disposed of before the issue of the patent, and, if before the receipt of such a certificate any proceedings have been taken by a land registrar in respect of the caution or adverse claim, he or she shall thereupon discontinue the proceedings and disallow any objection or claim founded thereon and mak…

34 Where land patented by the Government of Canada has not been registered under this Act or the Registry Act and the patentee applies for registration within five years after the date of the patent, the land registrar has authority to register the patentee as owner of the land without submitting his or her finding upon the application to the Director of Titles for his or her concurrence. R.S.O. 1990, c. L.5, s. 34. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 22 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

35 Upon making an entry of ownership for land granted to a patentee, the land registrar shall, unless the land is free grant or otherwise exempt from execution, (a) search against the patentee for writs of execution and other liens in the electronic database maintained by the sheriff who has territorial jurisdiction for the land titles division where the land registrar made the entry as the index of writs of execution; and (b) make an entry against the land of the writs of execution and other liens, if any, affecting the land. 1998, c. 18, Sched. E, s. 122; 2024, c. 2, Sched. 13, s. 1. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 122 - 19/05/1999 2012, c. 8, Sched. 28, s. 23 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2024, c. 2, Sched. 13, s. 1 - 06/03/2024

Titles

36 (1) Where on an application for first registration it appears that the applicant is so entitled by virtue of length of possession of the land, the applicant may be registered as the owner of the land with a possessory title. R.S.O. 1990, c. L.5, s. 36 (1). Absolute title based on possession (2) Subject to the approval of the Director of Titles, an applicant for first registration whose claim to ownership is based upon length of possession of the land may be registered as the owner in fee simple with an absolute title of the land. R.S.O. 1990, c. L.5, s. 36 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 24 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

37 (1) Where on the examination of the title it appears to the land registrar that it can be established only for a limited period or subject to certain reservations, the land registrar, on the application of the party applying to be registered, may, by an entry made in the register, except from the effect of registration any estate, right or interest arising before a specified date, or arising under a specified instrument, or otherwise particularly described in the register. R.S.O. 1990, c. L.5, s. 37 (1). Qualified title (2) A title registered subject to such excepted estate, right or interest shall be called a qualified title. R.S.O. 1990, c. L.5, s. 37 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 25 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

38 (1) A separate register of leasehold land shall be kept and, (a) any person who has contracted to buy for the person’s own benefit leasehold land held under a lease for a life or lives, or determinable on a life or lives, or for a term of years of which at least twenty-one are unexpired, or in respect of which the lessee or the lessee’s assigns is or are entitled to a renewal term or succession of terms amounting with the part unexpired of the current term to at least twenty-one years, or to a renewal for a life or lives, whether or not subject to encumbrances; (b) any person entitled for the person’s own benefit, at law or in equity, to leasehold land held under any such lease whether or not subject to encumbrances; or (c) any person capable of disposing for the person’s own benefit by way of sale or leasehold land held under any such lease whether or not subject to encumbrances,

may apply to the land registrar to be registered or to have registered in the person’s stead any nominee as owner of such leasehold land, with the addition, where the lease under which the land is held is derived immediately out of freehold land and the applicant is able to submit for examination the title of the lessor, of a declaration of the title of the lessor to grant the lease under which the land is held, if, in the case of leasehold land contracted to be bought, the vendor consents to the application. R.S.O. 1990, c. L.5, s. 38 (1). Deposit of lease (2) Every applicant for registration of leasehold land shall deposit with the land registrar, (a) the lease in respect of which the application is made; (b) a notarial copy of the lease; or (c) a notice that sets out the particulars of the lease in a manner specified by the Director of Titles. 2002, c. 18, Sched. E, s. 6 (1). Referenc…

Easements and Mining Rights

39 (1) The land registrar may register the owner of, (a) any incorporeal hereditament of freehold tenure enjoyed in gross; or (b) any mines or minerals where the ownership of the same has been severed from the ownership of the land,

in the same manner and with the same incidents in and with which the land registrar is by this Act empowered to register the owner of land, or as near thereto as circumstances admit. R.S.O. 1990, c. L.5, s. 39 (1). Registration of easements (2) If an easement described in subsection (3) is granted and if the evidence of the easement that the Director of Titles requires is produced to that Director, the easement shall be registered on title to the servient lands and may be registered on title to the dominant lands. 2017, c. 2, Sched. 12, s. 5 (1). Same (3) Subsection (2) applies to an easement in or over registered land that is granted as appurtenant to land registered in a registry division or an easement in or over land registered in a registry division that is granted as appurtenant to registered land. 2017, c. 2, Sched. 12, s. 5 (1). Manner of recording (4) The recording of the easeme…

40 (1) In this section, “common elements”, “corporation”, “declarant”, “declaration”, “description”, “property” and “unit” have the same meaning as in the Condominium Act, 1998. (“parties communes”, “association”, “déclarant”, “déclaration”, “description”, “propriété”, “partie privative”). 2015, c. 28, Sched. 1, s. 150. Easements created by condominium declaration (2) An easement is created for all purposes to the same extent as if it had been created by a transfer if, (a) the first registered description of the easement is that contained in a declaration and description; (b) the easement is, (i) an easement expressly intended to be an easement through the property and to benefit other land owned by the declarant, (ii) an easement expressly intended to be an easement through land owned by the declarant, other than the property, and to benefit the property. (iii) an easement expressly int…

Procedure on First Registration

41 The examination of a title shall be conducted in the prescribed manner, subject to the following: 1. Where notice has been given, sufficient opportunity shall be afforded to any person desirous of objecting to come in and state the person’s objections to the land registrar. 2. The Director of Titles has jurisdiction to hear and determine any such objections, subject to an appeal to the Divisional Court in the prescribed manner and on the prescribed conditions. 3. If the land registrar, upon the examination of any title, is of opinion that it is open to objection but is nevertheless a title under which the holding will not be disturbed, the land registrar may approve of it or may require the applicant to apply to the court, upon a statement signed by the land registrar, for its sanction to the registration. 4. It is not necessary to produce any evidence that by the Vendors and Purchase…

42 A notice of an application for first registration is sufficiently served upon a person having an interest by virtue of a conveyance, mortgage, charge or assignment in land adjoining the land of or claimed by the applicant for first registration if it is sent by registered mail addressed to that person at the address appearing on the conveyance, mortgage, charge or assignment, or where no address for that person appears on the conveyance, mortgage, charge, or assignment, to the solicitor whose name appears on the conveyance, mortgage, charge or assignment registered under this Act, the Registry Act or the regulations. 2002, c. 18, Sched. E, s. 6 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 6 (2) - 26/11/2002

43 (1) A person having or claiming such an interest in unregistered land as entitles the person to object to any disposition thereof being made without the person’s consent may apply to the land registrar for the registration of a caution to the effect that the cautioner is entitled to notice in the prescribed form, and to be served in the prescribed manner, of any application that may be made for the registration of the land. R.S.O. 1990, c. L.5, s. 43 (1). Renewal (2) Every caution under this section shall be renewed before the expiration of five years from the date of registration of the caution; otherwise it ceases to have effect. R.S.O. 1990, c. L.5, s. 43 (2). Unpatented land (3) A caution registered under this section in respect of unpatented land has no validity unless the description contained therein specifies the land in accordance with the description subsequently contained i…

Effect of First Registration

44 (1) All registered land, unless the contrary is expressed on the register, is subject to such of the following liabilities, rights and interests as for the time being may be subsisting in reference thereto, and such liabilities, rights and interests shall not be deemed to be encumbrances within the meaning of this Act: 1. Provincial taxes and municipal taxes, charges, rates or assessments, and school or water rates. 2. Any right of way, watercourse, and right of water, and other easements. 3. Any title or lien that, by possession or improvements, the owner or person interested in any adjoining land has acquired to or in respect of the land. 4. Any lease or agreement for a lease, for a period yet to run that does not exceed three years, where there is actual occupation under it. 5. Any right under Part II of the Family Law Act, of the spouse of the person registered as owner. 6. A cons…

45 The first registration of a person as owner of land, in this Act referred to as first registered owner with an absolute title, vests in the person so registered an estate in fee simple in the land, together with all rights, privileges and appurtenances, free from all estates and interests whatsoever, including estates and interests of the Crown, that are within the legislative jurisdiction of Ontario, but subject to the following: 1. The encumbrances, if any, entered on the register. 2. The liabilities, rights and interests that are declared for the purposes of this Act not to be encumbrances, unless the contrary is expressed on the register. 3. Where the first registered owner is not entitled for the owner’s own benefit to the land registered, then as between the owner and any persons claiming under the owner, any unregistered estates, rights, interests or equities to which such pers…

46 (1) The registration of a person as first registered owner with a qualified title has the same effect as the registration of such person with an absolute title, except that registration with a qualified title does not affect or prejudice the enforcement of any estate, right or interest appearing by the register to be excepted. R.S.O. 1990, c. L.5, s. 46 (1). Application for absolute title (2) The registered owner of land with a qualified title may apply to the land registrar to be registered as owner of the land with an absolute title. 1998, c. 18, Sched. E, s. 123. Forms and procedure (3) The applicant shall complete the prescribed forms for the application and comply with the procedure that the Director of Titles specifies. 1998, c. 18, Sched. E, s. 123. Hearing (4) The Director of Titles may hear and determine the objections, if any, to the application. 1998, c. 18, Sched. E, s. 12…

47 (1) The registration of a person as first registered owner with a possessory title only does not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of the first registered owner, and subsisting or capable of arising at the time of registration of such owner, but otherwise has the same effect as registration of a person with an absolute title. R.S.O. 1990, c. L.5, s. 47 (1). Change from possessory title to absolute or qualified title (2) The registered owner of land with a possessory title only may at any time apply to the land registrar to be registered as owner of the land with an absolute or qualified title, but the applicant shall not be so registered until the title is approved by the land registrar in the same manner as if the application were for first registration with an absolute or qualified title. R.S.O. 1990, c. L.5…

48 The registration of a person as first registered owner of leasehold land, with a declaration that the lessor had an absolute title to grant the lease under which the land is held, vests in such person the land comprised in the registered lease relating to the land for all the leasehold estate therein described with all implied or expressed rights, privileges and appurtenances, free from all estates and interests whatsoever, including estates and interests of the Crown, that are within the legislative jurisdiction of Ontario, but subject to the following: 1. All implied and express covenants, obligations and liabilities incident to such leasehold estate. 2. The encumbrances, if any, entered on the register. 3. The liabilities, rights and interests that affect the leasehold estate and that are by this Act declared not to be encumbrances in the case of registered freehold land, unless th…

49 The registration of a person as first registered owner of leasehold land, without a declaration of the title of the lessor, does not affect or prejudice the enforcement of any estate, right or interest affecting or in derogation of the title of the lessor to grant the lease under which the land is held, but, save as aforesaid, has the same effect as the registration of a person as first registered owner of leasehold land with a declaration that the lessor had an absolute title to grant the lease under which the land is held. R.S.O. 1990, c. L.5, s. 49.

50 (1) Where on the examination of the title of a lessor by the land registrar it appears to the land registrar that the title of the lessor to grant the lease under which the land is held can be established only for a limited period or subject to certain reservations, the land registrar may, by an entry made in the register, except from the effect of registration any estate, right or interest arising before a specified date or arising under a specified instrument, or otherwise particularly described in the register, and the title of a lessor subject to such excepted estate, right or interest shall be deemed to be a qualified title. R.S.O. 1990, c. L.5, s. 50 (1). Effect of registration (2) The registration of a person as first registered owner of leasehold land, with a declaration that the lessor had a qualified title to grant the lease under which the land is held, has the same effect …

51 (1) Despite any provision of this Act, the Real Property Limitations Act or any other Act, no title to and no right or interest in land registered under this Act that is adverse to or in derogation of the title of the registered owner shall be acquired hereafter or be deemed to have been acquired heretofore by any length of possession or by prescription. R.S.O. 1990, c. L.5, s. 51 (1); 2002, c. 24, Sched. B, s. 40 (2). Operation of section (2) This section does not prejudice, as against any person registered as first owner of land with a possessory title only, any adverse claim in respect of length of possession of any other person who was in possession of the land at the time when the registration of the first owner took place. R.S.O. 1990, c. L.5, s. 51 (2). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 40 (2) - 01/01/2004

52 (1) A certificate by the land registrar of the first registration of an owner under this Act shall be registered in the registry division in which the land is situate, and thereafter the Registry Act ceases to apply to the land. R.S.O. 1990, c. L.5, s. 52 (1). Particulars to be stated in certificate for registry office (2) The certificate, besides describing the land, shall state the date of the first registration, the number of the parcel and the register in which the land is registered, and the registrar shall in the abstract index enter the number of the parcel and the register as given in the certificate. R.S.O. 1990, c. L.5, s. 52 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 34 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

53 (1) Where land is registered subject to mortgages existing thereon at the time of the first registration, the mortgages shall be noted in the register in the same order as they are registered in the registry office, if such mortgages have been so registered, or the dates of the respective registrations thereof shall be stated, but this shall not be taken as an affirmation that such mortgages rank in the order in which they were registered or in the order in which they are noted. R.S.O. 1990, c. L.5, s. 53 (1). Abstracts of instruments (2) Abstracts of all instruments dealing with such mortgages shall thereafter be entered in the register, and the entry thereof shall be deemed the registration of the instrument, and the rights of the parties interested or claiming to be interested in any such mortgage so far as it affects land under this Act shall, subject to sections 36, 37, 39, 45, 4…

PART V ASSURANCE FUND

Constitution of Fund, etc.

54 (1) The Land Titles Assurance Fund and The Land Titles Survey Fund are amalgamated and continued under the name The Land Titles Assurance Fund in English and the name Caisse d’assurance des droits immobiliers in French. 2002, c. 18, Sched. E, s. 6 (3). Idem (2) Where the amount standing to the credit of the Assurance Fund is less than $1,000,000, the Assurance Fund shall be increased by payment into it from the Consolidated Revenue Fund of an amount fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. L.5, s. 54 (2). Money paid into court (3) Money paid under subsection (2) shall be paid into court. R.S.O. 1990, c. L.5, s. 54 (3). Land Titles Assurance Fund Account (4) Subject to subsection (5), money standing to the credit of the Assurance Fund and payments received under subsection (2) shall be credited to The Land Titles Assurance Fund Account and shall be invested from tim…

55 The land registrar may require any applicant for registration to indemnify The Land Titles Assurance Fund against loss by a bond or covenant to the Crown, either with or without sureties, or by such other security as he or she considers expedient. R.S.O. 1990, c. L.5, s. 55. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 35 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 CTS 6 FE 25 - 1 - 06/02/2025

56 (1) An application for financial assistance from The Land Titles Assurance Fund may be made to the Director of Titles by, (a) a registered owner in respect of the costs of a survey of the owner’s land; (b) an applicant for first registration under this Act in respect of the costs of a survey of the applicant’s land; (c) the council of a municipality in respect of the costs of and incidental to an application under section 31; (d) an applicant under the Boundaries Act in respect of the costs of and incidental to an application under that Act, including survey costs. 2002, c. 18, Sched. E, s. 6 (4). Direction for payment (2) The Director of Titles may direct that all or a part of the costs mentioned in an application made under subsection (1) be paid out of The Land Titles Assurance Fund. 2002, c. 18, Sched. E, s. 6 (4). Payment re surveys for property mapping (3) The Director of Titles…

Claims Against Fund

57 (1) A person wrongfully deprived of land or of some estate or interest therein, by reason of the land being brought under this Act or by reason of some other person being registered as owner through fraud or by reason of any misdescription, omission or other error in a certificate of ownership or charge, or in an entry on the register, is entitled to recover what is just, by way of compensation or damages, from the person on whose application the erroneous registration was made or who acquired the title through the fraud or error. R.S.O. 1990, c. L.5, s. 57 (1). Where no compensation (2) A person is not entitled to compensation from The Land Titles Assurance Fund in respect of an interest in land existing at the time the land is brought under this Act unless that interest is registered against the title to the land under the Registry Act or notice of it is given to the land registrar …

58 (1) Where a person makes a claim upon The Land Titles Assurance Fund for compensation in respect of land patented as mining land or in respect of land the chief value of which consists in the ores, mines or minerals therein and it appears that the person is entitled to recover in respect of the land or of some interest therein, in determining the amount of compensation to be paid to the person, the entire value of the land shall not be taken at a greater sum than twice the amount that was paid for the original grant from the Crown. R.S.O. 1990, c. L.5, s. 58 (1). Apportionment proportionately (2) Where the amount that was paid for the original grant from the Crown was paid in respect of other land in addition to that for which a claim is so made without it appearing what amount was paid in respect of the particular parcel of land with reference to which the claim is made, the amount s…

59 (1) No person is entitled to recover out of the Assurance Fund any compensation, when person first registered could have conveyed good title to purchaser (a) where the claim is founded upon a right existing at the time of the first registration of the land and the state of the title of the land at that time was such that the person who was first registered, or the person on whose nomination or authorization the registration was made, by a duly registered conveyance could have conferred, as against the claimant, a valid title to a purchaser in good faith for valuable consideration without notice of any defect in the title, and no sufficient caution had been registered and was in force when the application for first registration was made or a patent was forwarded for registration and the land registrar had not actual notice of the defect prior to the first registration; where claimant h…

59.1 (1) In this section, “inspector” means the Director of Titles or a person designated in writing by that Director when exercising any of the powers set out in this section. 2006, c. 34, s. 15 (9). Powers (2) Upon having a reasonable belief that a person described in subsection (3) is likely to have information relevant to determining whether a payment of compensation out of The Land Titles Assurance Fund is authorized under subsection 57 (4.1), an inspector may, (a) require that the person produce for inspection and examination, in a readable form, any documents and records that may contain the information; (b) require that the person provide whatever assistance is reasonably necessary to produce documents and records in a readable form when required to do so under clause (a), including using any data storage, processing or retrieval device or system for that purpose; (c) upon giving…

59.2 A person who contravenes subsection 59.1 (5) is guilty of an offence and, on conviction, 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, if the person is an individual; and (b) a fine of not more than $250,000, if the person is a corporation. 2006, c. 34, s. 15 (9). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 15 (9) - 20/12/2006

PART VI PART OWNERS

60 (1) Any two or more persons entitled concurrently or successively, or partly in one mode and partly in another, to such estates, rights or interests in land as together make up such an estate as would, if vested in one person, entitle the person to be registered as owner of the land may apply to the land registrar to be registered as joint owners in the same manner and with the same incidents, so far as circumstances admit, in and with which it is in this Act declared that an individual owner may be registered. R.S.O. 1990, c. L.5, s. 60 (1). Entry (2) Where several persons are so registered as owners, the entry may, if the parties so desire, define the estates, rights and interests, other than trust estates, rights and interests, to which the owners are respectively entitled, and such entry may be made either upon first registration or subsequently in case the estates, rights or inte…

61 (1) No person shall be registered as owner of an undivided share in freehold or leasehold land or of a charge apart from the other share or shares. R.S.O. 1990, c. L.5, s. 61 (1). Rights of part owner (2) Where the extent of a co-owner’s interest is not shown on the register, the co-owner may, (a) transfer or charge a specified share in the land or transfer a share in the charge, as the case may be, upon providing the Director of Titles with proof of the co-owner’s percentage of ownership in the manner specified by the Director of Titles; or (b) transfer or charge all of the co-owner’s unspecified share. R.S.O. 1990, c. L.5, s. 61 (2); 2017, c. 2, Sched. 12, s. 5 (5). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 28, s. 41 - no effect - see 2017, c. 2, Sched. 12, s. 10 (2) 2017, c. 2, Sched. 12, s. 5 (5, 6, 8) - 22/03/2017; 2017, c. 2, Sched. 12, s. 5 (7) - no effec…

62 (1) A notice of an express, implied or constructive trust shall not be entered on the register or received for registration. R.S.O. 1990, c. L.5, s. 62 (1). Description of owner as a trustee (2) Describing the owner of freehold or leasehold land or of a charge as a trustee, whether the beneficiary or object of the trust is or is not mentioned, shall be deemed not to be a notice of a trust within the meaning of this section, nor shall such description impose upon any person dealing with the owner the duty of making any inquiry as to the power of the owner in respect of the land or charge or the money secured by the charge, or otherwise, but, subject to the registration of any caution or inhibition, the owner may deal with the land or charge as if such description had not been inserted. R.S.O. 1990, c. L.5, s. 62 (2). Owners described as trustees to be joint tenants (3) Where two or mor…

63 Any person registered in the place of a deceased owner or to whom a patent is issued as executor administrator or estate trustee or in any representative capacity shall hold the land or charge, in respect of which the person is registered, upon the trusts and for the purposes to which the same is applicable by law and subject to any unregistered estates, rights, interests or equities subject to which the deceased owner held the same, but otherwise in all respects, and in particular as respects any registered dealings with such land or charge, the person shall be in the same position as if the person had taken the land or charge under a transfer for a valuable consideration. R.S.O. 1990, c. L.5, s. 63; 1998, c. 18, Sched. E, s. 126. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 126 - 18/12/1998 Registration of certain trustees

64 (1) Where registered land or an interest therein is acquired by trustees under the Religious Organizations’ Lands Act, it shall be registered in the name of the religious organization without setting out the purposes or trusts on which the land or interest is held. R.S.O. 1990, c. L.5, s. 64 (1). Registration of other trustees (2) A person who has been appointed as a trustee under the Bankruptcy and Insolvency Act (Canada) or under any other Act of Canada or Ontario or by the court, upon proof of entitlement satisfactory to the land registrar, may be registered as the owner of registered land or of an interest therein, and the person may transfer the same upon proof of compliance with the Act or order under which the person was appointed. R.S.O. 1990, c. L.5, s. 64 (2); 2002, c. 18, Sched. E, s. 6 (5). Trustees of pension funds (3) Where a charge is made or transferred to the trustee …