Registry Act

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Sections384

• 1Definitions

  1 In this Act, “certificate of amalgamation of loan corporations” includes a certificate issued by the Superintendent of Deposit Institutions under section 24 of the Loan and Trust Corporations Act and of any document mentioned in such certificate and a certificate issued for the purpose of registration under any Act of the Legislature authorizing or ratifying an agreement for the purchase and sale of the assets, or for the amalgamation of loan corporations; (“certificat de fusion de sociétés de prêt”) “certification area” means an area of land designated as such by regulation; (“zone de certification”) “Director” means the Director of Land Registration appointed under section 6; (“directeur”) “Director of Titles” means the Director of Titles appointed under section 9 of the Land Titles Act; (“directeur des droits immobiliers”) “examiner of surveys” means the examiner of surveys appointe…

• 1.
• 2Minister responsible

  2 The Minister of Consumer and Business Services is responsible for the administration of this Act. R.S.O. 1990, c. R.20, s. 2; 2001, c. 9, Sched. D, s. 13. 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 D, s. 13 - 29/06/2001 2012, c. 8, Sched. 51, s. 2 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 2.
• [s2]

  PART I ORGANIZATION AND ADMINISTRATION

• PART I ORGANIZATION AND ADMINISTRATION
• 3Application of Land Titles Act

  3 Subject to the Land Titles Act, after a certificate of the first registration of the owner under that Act has been registered as specified by that Act, this Act ceases to apply to the land mentioned in the certificate. R.S.O. 1990, c. R.20, s. 3; 1998, c. 18, Sched. E, s. 207. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 207 - 18/12/1998 2012, c. 8, Sched. 51, s. 3 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 3.
• 3 #4Application of Act
• 3. #4
• 4Registry divisions

  4 (1) Subject to the provisions of this Act and except where otherwise expressly provided in any general or special Act or Order in Council, the registry divisions as they existed on the 14th day of April, 1925, are the registry divisions of the Province of Ontario for the purposes of this Act and no alteration in the boundaries of any riding, electoral district or municipality alters or affects the boundaries of any registry division. R.S.O. 1990, c. R.20, s. 4 (1). Changes in registry divisions (2) The Minister may, by regulation, make any change in the boundaries of the registry divisions. 2012, c. 8, Sched. 51, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 208 (1, 2) - 18/12/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2012, c. 8, Sched. 51, s. 4 - 01/09/2016

• 4.
• 5Repealed

  5 Repealed: 2012, c. 8, Sched. 51, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 209 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 5 - 01/09/2016

• 5.
• 6Director of Land Registration

  6 (1) The Deputy Minister may appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 to be the Director of Land Registration. R.S.O. 1990, c. R.20, s. 6 (1); 1998, c. 18, Sched. E, s. 210 (1); 2006, c. 35, Sched. C, s. 115 (1). Duties (2) The Director has general supervision and control over land registry offices and the system for registration therein. R.S.O. 1990, c. R.20, s. 6 (2); 1998, c. 18, Sched. E, s. 210 (2). Powers of land registrars (3) The Director or a representative of the Director may exercise any power or perform any duty of a land registrar under this or any other Act if of the opinion, having regard to the circumstances, that such action is necessary or appropriate. 1998, c. 18, Sched. E, s. 210 (3). (4) Repealed: 1998, c. 18, Sched. E, s. 210 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 210 (1-3) - 1…

• 6.
• 7Transfer of functions to Director of Titles

  7 (1) The Minister may make regulations transferring any function of the Director of Land Registration under any Act to the Director of Titles. R.S.O. 1990, c. R.20, s. 7 (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 Land Registration concurrent authority to perform the function transferred. R.S.O. 1990, c. R.20, s. 7 (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. R.20, s. 7 (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 Titles” had been substituted for “Director of Land Registration”. R.S.…

• 7.
• 6 #8Director of Titles
• 6. #8
• 8Representatives of Director

  8 The Director may appoint as his or her representatives 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 such powers and duties under this or any other Act as the Director may specify. 2006, c. 35, Sched. C, s. 115 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 211 - 18/12/1998 2006, c. 35, Sched. C, s. 115 (2) - 20/08/2007 2012, c. 8, Sched. 51, s. 6 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 8.
• 8. #9
• 9Land registrars

  9 (1) Subject to subsection (2), the Director may appoint public servants employed under Part III of the Public Service of Ontario Act, 2006 as land registrars. 1998, c. 18, Sched. E, s. 211; 2006, c. 35, Sched. C, s. 115 (3). Number (2) The Director shall appoint a land registrar for every registry division and every land titles division. 1998, c. 18, Sched. E, s. 211. Form of appointment (3) Every appointment mentioned in subsection (2) shall be for a specific division or divisions. 1998, c. 18, Sched. E, s. 211. Representatives (4) A land registrar for a registry division may appoint as his or her representatives one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the land registrar may delegate to a representative such powers and duties under this Act as the registrar may specify. 2006, c. 35, Sched. C, s. 115 (4). Section Amendments wi…

• 9.
• 10Repealed

  10 Repealed: 1998, c. 18, Sched. E, s. 211. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 211 - 18/12/1998

• 10.
• 11Repealed

  11 Repealed: 1998, c. 18, Sched. E, s. 211. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 211 - 18/12/1998

• 11.
• 12Land registry offices

  12 (1) Every registry office, including every combined registry and land titles office, shall be known as a land registry office. R.S.O. 1990, c. R.20, s. 12 (1). Registry system (2) The system of registration under this Act shall be known as the registry system. R.S.O. 1990, c. R.20, s. 12 (2).

• 12.
• 13Time for registration of instruments

  13 (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. 51, s. 7 (1). (2)-(5) Repealed: 2012, c. 8, Sched. 51, s. 7 (1). Scope of orders (6) An order that the Director makes under this section may be limited to one or more land registry offices for one or more registry divisions. 1998, c. 18, Sched. E, s. 212. Not regulations (7) An order that the Director makes under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. …

• 13.
• 14Repealed

  14 Repealed: 1998, c. 18, Sched. E, s. 213. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 213 - 16/02/1999

• 14.
• 15Production of documents

  15 (1) Instruments, documents, books, records or a facsimile of them shall be produced for inspection and copying, and certified copies of them shall be provided upon payment of the required fee and in the manner specified by the Director. 2012, c. 8, Sched. 51, s. 8. Hours and days (2) The Director may specify minimum hours and days for the purposes of subsection (1). 2012, c. 8, Sched. 51, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 99 (1) - 09/12/1994; 1998, c. 18, Sched. E, s. 214 (1-3) - 18/12/1998; 1999, c. 12, Sched. F, s. 34 - 22/12/1999 2012, c. 8, Sched. 51, s. 8 - 13/10/2020

• 15.
• 16Computer printout, etc., admissible in evidence

  16 (1) Where a registered instrument, a document deposited under Part II or a written record of a land registry office is recorded electronically or on a magnetic medium, any writing that, (a) represents the instrument, document or record; (b) is generated by or produced from the electronic record or magnetic medium; and (c) is in a readily understandable form,

• 16.
• [s17]

  is admissible in evidence to the same extent as the original instrument, document or record. R.S.O. 1990, c. R.20, s. 16 (1). Idem (2) Where a record of a land registry office is recorded electronically or on a magnetic medium and there is no original written record that corresponds to the record, any writing that, (a) represents the record; (b) is generated by or produced from the electronic record or magnetic medium; and (c) is in a readily understandable form, is admissible in evidence to the same extent as the record would be if it were an original written record. R.S.O. 1990, c. R.20, s. 16 (2).

• 17.
• [s18]
• 15 #18Production of documents
• 15. #18
• 17Production of originals upon order of judge

  17 (1) Repealed: 1998, c. 18, Sched. E, s. 215 (1). (2) Repealed: 1998, c. 18, Sched. E, s. 215 (1). Production of originals upon order of judge (3) A judge of a court in Ontario may, for the purposes of a hearing, order a land registrar to produce any instrument or document in his or her custody where, in the opinion of the judge, a certified copy thereof is not sufficient. R.S.O. 1990, c. R.20, s. 17 (3). Delivery (4) Upon receipt of an order under subsection (3) and the required fee for a certified copy of the instrument or document required by the order to be produced, the land registrar shall prepare a certified copy of the instrument or document and deliver the original instrument or document to the person named in the order. R.S.O. 1990, c. R.20, s. 17 (4); 1998, c. 18, Sched. E, s. 215 (2). Substituting a copy (5) The land registrar shall attach the order to the certified copy an…

• [s19]

  Records of Office

• 18.
• [s20]
• 18By-law index and general register index

  18 (1) The land registrar shall keep a by-law index in which he or she shall enter the registration number of every by-law registered after the 1st day of January, 1963, the number of the by-law, the name of the municipality and the title of the by-law. R.S.O. 1990, c. R.20, s. 18 (1). By-law to contain description of land (2) No by-law that directly affects the title to land shall be registered unless it contains a local description of the land affected. R.S.O. 1990, c. R.20, s. 18 (2). Authentication of by-laws (3) A by-law of a municipality may be registered by the production of a duplicate original or a copy of the by-law certified by the clerk of the municipality under its seal. R.S.O. 1990, c. R.20, s. 18 (3). Order of Ontario Land Tribunal, etc. (4) An order of the Ontario Land Tribunal or other instrument registered under section 68 shall be recorded in the by-law index. R.S.O. 1…

• 19.
• 17 #21Production of originals upon order of judge
• 17. #21
• 19Preservation of abstract books, etc.

  19 (1) It is the duty of every land registrar to preserve the abstract index books and other records of his or her office in good repair. R.S.O. 1990, c. R.20, s. 19 (1). Copying and repair of books, etc. (2) A land registrar may, when he or she considers it necessary, and shall, when so directed by the Director, cause, (a) any book that is becoming obliterated or unfit for further use to be copied or reproduced and, where portions of the entries in the book are missing, obliterated or cannot be deciphered, the missing details to be obtained, so far as possible, by examination of the instruments relating thereto and incorporated in the copy; (b) plans and maps to be copied, repaired, restored, mounted, bound or otherwise preserved; and (c) any book to be repaired, in a manner approved by the Director. R.S.O. 1990, c. R.20, s. 19 (2). Copy to be certified (3) Where a book is copied or rep…

• 20.
• [s22]
• 17 #22Production of originals upon order of judge
• 20Abstract index of lots

  20 (1) The land registrar, in a book in the required form, called the “Abstract Index” in English and the “répertoire par lot” in French, shall enter under a separate and distinct head each separate lot or part of a lot of land as originally patented by the Crown, or that appears on any registered plan of subdivision, judge’s plan or municipal plan under section 91. R.S.O. 1990, c. R.20, s. 20 (1); 1998, c. 18, Sched. E, s. 217 (1). Entries (2) Subject to subsection (3), the land registrar shall enter every instrument that mentions such parcel or lot of land in the abstract index in the required manner under the proper heading of each separate parcel or lot of land. R.S.O. 1990, c. R.20, s. 20 (2); 1998, c. 18, Sched. E, s. 217 (2). Regulations (3) The Minister may make regulations designating instruments to which subsection (2) does not apply and governing the manner of making entries i…

• 21.
• [s23]
• 21Land under automated system

  21 (1) This section applies only to land in the parts of Ontario designated under Part II of the Land Registration Reform Act. R.S.O. 1990, c. R.20, s. 21 (1). Properties and property identifiers (2) The Director of Titles shall, in the required manner, divide into blocks and properties any land that is designated under Part II of the Land Registration Reform Act and assign property identifiers to those properties. R.S.O. 1990, c. R.20, s. 21 (2); 1998, c. 18, Sched. E, s. 218 (1); 2000, c. 26, Sched. B, s. 17 (2). Property maps (3) The Director of Titles shall, in the required manner, prepare property maps showing all properties and prepare the other required maps. 1998, c. 18, Sched. E, s. 218 (2); 2000, c. 26, Sched. B, s. 17 (2). Idem (4) The land registrar shall maintain property maps in the required manner and shall assign property identifiers to properties when and in the manner s…

• [s24]

  Instruments that may be Registered

• 22.
• [s25]
• 18 #25Crown property
• 18. #25
• 22Instruments that may be registered

  22 (1) Except as otherwise provided in and subject to, (a) this Act and the regulations; and (b) Part I of the Land Registration Reform Act and the regulations made under it,

• 23.
• [s26]

  any instrument within the meaning of section 1 and any other instrument specifically permitted to be registered under Part I of this Act may be registered. R.S.O. 1990, c. R.20, s. 22 (1); 1998, c. 18, Sched. E, s. 219 (1). Delivery of instruments (2) Unless otherwise provided in this Act, any instrument that may be registered shall be registered upon and by delivery to the Director of the instrument or of an executed duplicate or other original part of the instrument with all necessary affidavits. 2012, c. 8, Sched. 51, s. 12. Same (2.1) In subsection (2), “delivery” includes delivery by direct electronic transmission. 1994, c. 27, s. 99 (3). Unpatented Crown lands (3) Subject to subsection (4), the registration of an instrument purporting to affect unpatented Crown land or land that has the status of unpatented Crown land has no effect under this Act. R.S.O. 1990, c. R.20, s. 22 (3). E…

• 18 #26Crown property
• 24.
• 19 #27By-law index
• 19. #27
• 23Refusal to register or record in certain cases

  23 The land registrar may, (a) refuse to accept for registration an instrument, (i) that is wholly or partly illegible or unsuitable for microfilming, or (ii) that contains or has attached to it material that does not, in the land registrar’s opinion, affect or relate to an interest in land; and (b) refrain from recording a part of a registered instrument if the part does not, in the land registrar’s opinion, affect or relate to an interest in land. R.S.O. 1990, c. R.20, s. 23; 1998, c. 18, Sched. E, s. 220. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 220 (1, 2) - 18/12/1998 2012, c. 8, Sched. 51, s. 13 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 25.
• 19 #28By-law index
• 19.1
• 24Repealed

  24 Repealed: 1998, c. 18, Sched. E, s. 221. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 221 - 18/12/1998

• 26.
• 25Brief description and property identifier, etc.

  25 (1) Repealed: 1998, c. 18, Sched. E, s. 222 (1). Brief description and property identifier, etc. (2) An instrument shall not be registered unless it contains, (a) a reference to the lot, part lot or other unit on the plan or concession it affects; (b) a registrable description of the land it affects, unless a registrable description of the same land is already recorded in the abstract index; and (c) the property identifier, if any, assigned under subsection 21 (2) or (4) to the property it affects. R.S.O. 1990, c. R.20, s. 25 (2). Exceptions (3) Subsection (2) does not apply to an instrument that is, (a) a plan; (b) identified by the letters “G.R.” and to be registered under subsection 18 (6); (c) a by-law that does not directly affect title to land; (d) presented for registration together with a statement in the prescribed form made by a party to the instrument or by the party’s soli…

• 27.
• 26Easements, etc.

  26 (1) In this section, “easement” means an easement, right-of-way, right or licence in the nature of an easement, profit à prendre or other incorporeal hereditament, but does not include such an easement arising by operation of law. R.S.O. 1990, c. R.20, s. 26 (1). Local description required (2) Despite section 15 of the Conveyancing and Law of Property Act or any rule of law, an instrument purporting to convey an easement, made after the 1st day of January, 1967, does not, as against a purchaser in good faith who, for valuable consideration and without actual notice, purchases the servient tenement after the registration of the instrument, convey to the grantee any interest in the easement unless a local description of the affected part of the servient tenement is contained in the instrument by which the conveyance is made. R.S.O. 1990, c. R.20, s. 26 (2).

• 28.
• [s31]
• 27Condominium easements

  27 (1) Where the first registered description of an easement is that contained in a condominium declaration and description, and the easement is expressly intended, (a) to be an easement through the common elements and to benefit other land owned by the declarant; or (b) to be an easement through other land owned by the declarant and to benefit the condominium property,

• 29.
• [s32]

  the easement is created for all purposes to the same extent as if it had been created by a deed and the declarant had not been the same person as the owner of the other land. R.S.O. 1990, c. R.20, s. 27 (1). Easement to benefit condominium property (2) Where, in a deed that is registered before the registration of a deed of any unit made by the declarant, an easement through land outside the condominium property is transferred by the declarant to the condominium corporation to be part of the common elements, the easement does not merge by operation of law. R.S.O. 1990, c. R.20, s. 27 (2). Easement affecting common elements (3) Where, in a deed that is registered before the registration of a deed of any unit made by the declarant, the common elements are made subject to an easement expressly intended to benefit other land owned by the declarant, the easement is created for all purposes as…

• 30.
• [s33]
• 28Repealed

  28 Repealed: 1998, c. 18, Sched. E, s. 223. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 223 - 18/12/1998

• 31.
• [s34]
• 23. #34
• 29Repealed

  29 Repealed: 1998, c. 18, Sched. E, s. 223. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 223 - 18/12/1998

• 32.
• 23 #35No registration or recording in certain cases
• 30Repealed

  30 Repealed: 1998, c. 18, Sched. E, s. 223. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 223 - 18/12/1998

• 33.
• 23 #36No registration or recording in certain cases
• 31Power to administer oaths

  31 (1) Every land registrar, by virtue of office, and every representative whom the land registrar specifies is a commissioner for taking affidavits for uses under this Act that relate to land in the registry division of the land registrar. 1998, c. 18, Sched. E, s. 224. Affidavits, etc., made outside Ontario (2) An affidavit, affirmation or declaration that complies with section 44 or 45 of the Evidence Act is sufficiently sworn, affirmed or made for the purposes of this Act. R.S.O. 1990, c. R.20, s. 31 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 224 - 18/12/1998 2012, c. 8, Sched. 51, s. 15 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 34.
• 32Required statements

  32 If this Act requires, as a condition for registration of an instrument, proof in the form of a statement, the form of the statement may be prescribed or may be approved by the Director of Titles if none is prescribed. 1998, c. 18, Sched. E, s. 225; 2000, c. 26, Sched. B, s. 17 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 225 - 18/12/1998 2000, c. 26, Sched. B, s. 17 (2) - 06/12/2000 2012, c. 8, Sched. 51, s. 16 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 35.
• 33Restrictions on affidavits

  33 No person authorized to take affidavits shall take an affidavit of the execution of an instrument to which he or she is a party, nor shall such an affidavit be taken from a witness unless the witness has subscribed his or her name in the witness’s own handwriting as such witness. R.S.O. 1990, c. R.20, s. 33.

• 36.
• 34Witnesses compellable to make affidavit

  34 Every subscribing witness is compellable, by order of a judge of the Superior Court of Justice, to make an affidavit or proof of the execution of an instrument for the purpose of registration, and to do all other acts necessary for that purpose, upon being paid or tendered his or her reasonable expenses therefor. R.S.O. 1990, c. R.20, s. 34; 2000, c. 26, Sched. B, s. 17 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (3) - 06/12/2000

• 37.
• [s40]
• 35Execution of instrument

  35 (1) If an instrument that is otherwise capable of registration is not duly executed, any person who is or claims to be interested in the registration of the instrument may make proof before a judge of the Superior Court of Justice of the execution of the instrument. 2000, c. 26, Sched. B, s. 17 (4). Registration (2) The instrument may be registered if a certificate in the prescribed form is endorsed on the instrument and signed by the judge. 2000, c. 26, Sched. B, s. 17 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (4) - 06/12/2000

• 38.
• [s41]
• 36Repealed

  36 Repealed: 1998, c. 18, Sched. E, s. 226. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 226 - 18/12/1998

• 39.
• 37Execution by others

  37 (1) Repealed: 1998, c. 18, Sched. E, s. 227. Execution by others (2) The seal of a court of record affixed to an instrument is sufficient evidence, for the purpose of registration, of the due execution of the instrument by the judge or the officer of the court signing it. R.S.O. 1990, c. R.20, s. 37 (2). Execution by corporation (3) Where an instrument is executed by a corporation, (a) the corporation’s seal affixed to the instrument, with the signature of an authorized person; or (b) the signature of an authorized person, with the person’s statement that he or she has authority to bind the corporation, are sufficient evidence, for the purpose of registration, of the due execution of the instrument by the corporation. R.S.O. 1990, c. R.20, s. 37 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 227 - 18/12/1998

• 40.
• 38Judgments and orders affecting land

  38 (1) A judgment or order of a court or judge affecting land, other than an order or certificate endorsed on an instrument, may be registered in the land registry office of the registry division in which the land is situate by registering therein, (a) a certificate signed by the proper officer of the court setting forth the substance and effect of the judgment or order; (b) a copy of the judgment or order certified as such by the proper officer of the court; (c) the original judgment or order under the seal of the court; or (d) a notarial copy of the certificate, the certified copy or the original judgment or order. R.S.O. 1990, c. R.20, s. 38 (1); 1998, c. 18, Sched. E, s. 228. Supporting statement (1.1) No judgment or order shall be registered unless it is supported by a solicitor’s statement that it, (a) is in full force and effect and has not been stayed; and (b) affects the land me…

• 41.
• 39Registration of certified copies, powers of attorney, etc.

  39 There may be registered, (a) a copy of an instrument certified by the land registrar in whose office the instrument is registered; (b) a copy of a power of attorney or other instrument executed by a corporation that confers upon any person authority to act for the corporation if the copy is certified by the proper officer of any department of the Government of Canada or Ontario in whose office the power of attorney or instrument is deposited; or (c) a copy of an instrument registered under the Corporation Securities Registration Act, being chapter 94 of the Revised Statutes of Ontario, 1980, or a predecessor thereof, certified under that Act. R.S.O. 1990, c. R.20, s. 39; 1998, c. 18, Sched. E, s. 229. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 229 - 18/12/1998 2012, c. 8, Sched. 51, s. 17 - see Table of Public Statute Provisions Repealed Under Section 10.1…

• 42.
• 40Registration of deposits

  40 A copy of an instrument deposited under Part II of this Act or under The Custody of Documents Act, being chapter 85 of the Revised Statutes of Ontario, 1960, or any predecessor thereof, certified by the land registrar in whose office the instrument is deposited, may be registered subject to the proof for registration required by this Act. R.S.O. 1990, c. R.20, s. 40. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 18 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 43.
• 41Registration of notarial copies of instruments executed in Quebec

  41 A notarial copy of an instrument executed in the Province of Quebec, the original of which is filed in a notarial office according to the law of Quebec, and a prothonotarial copy of an instrument executed in Quebec may be registered and shall be treated under this Act for all purposes as if it were the original instrument, and such notarial or prothonotarial copy with the seal of the notary or prothonotary attached shall be registered without any other proof of the execution of the original thereof. R.S.O. 1990, c. R.20, s. 41.

• 44.
• [s47]
• 42Repealed

  42 Repealed: 1998, c. 18, Sched. E, s. 230. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 230 - 18/12/1998

• [s48]
• 43Registrations in languages other than English

  43 Where an instrument, document or related attachment is written wholly or in part in a language other than English there shall be produced with the instrument, document or related attachment a translation into English, together with an affidavit by the translator stating that he or she understands both languages and has carefully compared the translation with the original and that the translation is in all respects a true and correct translation. R.S.O. 1990, c. R.20, s. 43.

• 45.
• 44Registration of instruments and documents in French language

  44 (1) Despite section 43, where an instrument, document or related attachment is in a prescribed form, the instrument may be registered or the document deposited if, (a) the instrument or document affects the title to land in a registry division or part thereof that is designated by regulation; and (b) the instrument or document is otherwise acceptable for registration or deposit. R.S.O. 1990, c. R.20, s. 44 (1). Regulations (2) The Minister may make regulations, (a) prescribing the forms of instruments, documents and related attachments for the purposes of this section; (b) prescribing a lexicon of French-English terms to be used in connection with the prescribed forms of instruments, documents and related attachments and deeming the corresponding forms of expression in the lexicon to have the same effect in law; (c) designating registry divisions or parts thereof for the purpose of th…

• 46.
• [s50]

  Manner of Registering

• 47.
• 45Registration of foreclosure orders, etc.

  45 A judgment in foreclosure or a final order of foreclosure or an instrument purporting to be a conveyance of land under a power of sale contained in a mortgage shall not be registered until the mortgage and any assignment thereof have been registered. R.S.O. 1990, c. R.20, s. 45.

• 48.
• 40. #52
• 46Instrument executed by attorney

  46 (1) Subject to subsection (1.1), no instrument purporting to be signed or executed by any person by attorney shall be registered unless, at or before the time of registration, (a) the original power of attorney, a notarial copy of it or a copy certified for registration under section 39 is registered in the land registry office where the instrument is tendered for registration; and (b) the date of registration and registration number of the original, the notarial copy or the certified copy, as the case may be, are indicated in the body or margin of the instrument tendered for registration. 1998, c. 18, Sched. E, s. 232 (1). Other proof (1.1) If the power of attorney, a notarial copy of it or a certified copy cannot be produced, proof may be made before a judge of the Superior Court of Justice of the execution of the instrument and, if the judge signs a certificate in the prescribed fo…

• 49.
• 47Order dispensing with statement

  47 (1) If an instrument that is otherwise capable of registration is not accompanied by a statement that this Act requires or is accompanied by an incomplete or defective statement, a person who is or claims to be interested in the registration of the instrument may apply to a judge of the Superior Court of Justice for an order dispensing with the statement. 1998, c. 18, Sched. E, s. 233; 2000, c. 26, Sched. B, s. 17 (5). Grounds for order (2) The judge may grant the order if the applicant proves that, (a) the required statement cannot be obtained conveniently; and (b) the facts were as are required to be stated by the statement. 1998, c. 18, Sched. E, s. 233. Certificate (3) On granting an order, the judge shall endorse on the instrument or securely attach to it a certificate, in the prescribed form, stating the facts that have been proven to the judge’s satisfaction, and the certificat…

• 50.
• 40 #54Registration of deposits
• 48Requirements for grantees

  48 (1) In this section, “grantee” includes a grantee under a deed or other conveyance, a mortgagee or a person claiming an interest in land. R.S.O. 1990, c. R.20, s. 48 (1). Description of grantee (2) An instrument shall not be registered unless every grantee who is not a corporation is described by, (a) if the grantee has a single name, but no surname or first given name, the grantee’s single name; or (b) if the grantee does not have a single name, the grantee’s surname and first given name in full, followed by another given name, if any, in full. 2017, c. 20, Sched. 9, s. 13. Saving (3) Failure to comply with subsection (2) does not, in itself, invalidate a registered instrument. R.S.O. 1990, c. R.20, s. 48 (3). Trustees of pension plans (4) Despite subsection (2), where a mortgage is made or assigned to the trustee or trustees of a registered pension plan within the meaning of subsect…

• 51.
• 40 #55Registration of deposits
• 49Registration numbers

  49 (1) Except as provided by subsection (5), all instruments shall be numbered consecutively in order of time of being registered. R.S.O. 1990, c. R.20, s. 49 (1). Idem (2) Where two or more instruments affecting the same land are received at the same time, they shall, if capable of registration, be registered and numbered in the order requested by the person or persons from whom they are received. R.S.O. 1990, c. R.20, s. 49 (2). Time of receipt (3) The year, month, day, hour and minute at which an instrument is registered shall be endorsed thereon. R.S.O. 1990, c. R.20, s. 49 (3). Priorities, how established (4) For the purpose of section 71, priorities shall, subject to subsection (5), be determined in accordance with the respective registration numbers. R.S.O. 1990, c. R.20, s. 49 (4). Idem (5) A separate series of registration numbers may be used for plans of subdivision and for any…

• 52.
• 50Manner of registration

  50 (1) Upon accepting an instrument for registration, the land registrar shall, (a) register it in the manner that the Director of Titles specifies; (b) record it in the proper index or indexes in the manner that the Director of Titles specifies; (c) except as provided by the regulations, cause it to be recorded on photographic film or by any other means of image recording that the Director specifies; and (d) in the manner that the Director specifies, preserve it and all recorded copies of it that the Director requires. 1998, c. 18, Sched. E, s. 236; 2000, c. 26, Sched. B, s. 17 (6). (2) Repealed: 1998, c. 18, Sched. E, s. 236. Custody of registered instruments (3) Every registered instrument is the property of the Crown and, subject to subsection 17 (3) and the regulations, shall be retained in the custody of the land registrar in his or her office. R.S.O. 1990, c. R.20, s. 50 (3). Idem…

• 53.
• [s57]
• 51Crown grants

  51 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. R.20, s. 51. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 51, s. 20 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

• 54.
• 52Orders in council

  52 Where by any Act of Canada or Ontario an order in council or a certified copy thereof is required to be registered or deposited in a land registry office, the order or a certified copy thereof may be registered and recorded, (a) in the case of an order that does not contain a local description, as a general registration; or (b) in the case of an order that contains a local description, in the abstract index. R.S.O. 1990, c. R.20, s. 52.

• 55.
• [s59]
• 53Wills and other instruments involving estates

  53 (1) A will shall be registered by registering, (a) the original will or a notarial copy of it with, (i) in the case of a will that is not a holograph will, (A) a statement by one of the subscribing witnesses to the will proving the due execution of it by the testator, (B) a statement by a person well acquainted with the testator attesting to the signature of the testator on the will, or (C) a notarial copy of a statement described in sub-subclause (A) or (B), (ii) in the case of a holograph will, (A) a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will, or (B) a notarial copy of a statement described in sub-subclause (A), and (iii) one of the following: 1. A statement that the testator died on or about a specified date, made by any person who has personal knowledge of that fact. 1.1 A notarial copy of a st…

• 56.
• [s60]
• 54Letters of administration

  54 Letters of administration and certificates of appointment of estate trustees without a will that under the Estates Administration Act affect land shall be registered in the same manner as a probate of a will. 1998, c. 18, Sched. E, s. 238. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 238 - 18/12/1998

• 57.
• 55Where registration of will, etc., required

  55 An instrument purporting to convey or otherwise deal with land in any manner shall not be registered if executed by any person as devisee, legatee, executor administrator or estate trustee of the estate of a deceased person who at the time of his or her death appears from the instrument to have been in any wise possessed of or interested in the land in question unless before the time of registration of the instrument the will or the letters probate of the will, the letters of administration or certificate of appointment of the estate trustee under which the person executing the instrument claims to be entitled has or have been registered in the registry division in which the land in question is situate and the registration date and number thereof have been inserted in the body of the instrument or in its margin. R.S.O. 1990, c. R.20, s. 55; 1998, c. 18, Sched. E, s. 239. Section Amend…

• 58.
• 56Discharge of mortgage

  56 (1) A certificate of discharge, in the prescribed form, of a registered mortgage, executed by the mortgagee, the executor, administrator, estate trustee or assignee of the mortgagee, or by such other person as may be entitled by law to receive the money and to discharge the mortgage, may be registered. R.S.O. 1990, c. R.20, s. 56 (1); 1998, c. 18, Sched. E, s. 240 (1). (2) Repealed: 1998, c. 18, Sched. E, s. 240 (2). (3) Repealed: 1998, c. 18, Sched. E, s. 240 (2). (4) Repealed: 1998, c. 18, Sched. E, s. 240 (2). (5) Repealed: 1998, c. 18, Sched. E, s. 240 (2). (6) Repealed: 1998, c. 18, Sched. E, s. 240 (3). Where plan registered after mortgage (7) Where land is mortgaged and subsequently subdivided by a registered plan of subdivision, judge’s plan, land registrar’s compiled plan, or any other registered plan by which lots are created, any certificate of discharge of the mortgage sha…

• 59.
• 57Change of name of mortgagee

  57 Subject to section 59, where, after the registration of a mortgage, the name of the person or corporation entitled to receive the money and to discharge the mortgage has changed or been changed, an explanation of the change of name, (a) shall, in the case of a change of name by order under the Change of Name Act or by supplementary letters patent or articles of amendment, be noted in the body or margin of the certificate of discharge, with reference to the registration number of the certificate of order, supplementary letters patent, or certificate of amendment; (b) shall, if made by an Act of Ontario or of any other jurisdiction, be noted in the body or margin of the certificate of discharge, with reference to the Act; or (c) shall, if made upon or in consequence of marriage, annulment or dissolution of marriage, adoption or in any other way, be evidenced by a certificate issued unde…

• 60.
• 50. #64
• 58Mortgage-of-a-mortgage, etc., not to be registered

  58 (1) Subject to subsection (2), (a) a mortgage-of-a-mortgage; or (b) a discharge of a mortgage-of-a-mortgage,

• 61.
• [s65]

  executed after the 1st day of January, 1971 shall not be registered. R.S.O. 1990, c. R.20, s. 58 (1). Exceptions (2) Where, upon an application made to him or her, a judge of the Superior Court of Justice is satisfied that there cannot be conveniently obtained and registered, (a) an assignment of a mortgage containing a provision for reassignment to the assignor instead of a mortgage-of-a-mortgage; or (b) an assignment of a mortgage-of-a-mortgage to the person entitled to redeem the mortgage-of-a-mortgage instead of a discharge of the mortgage-of-a-mortgage, the judge may endorse his or her fiat on the mortgage-of-a-mortgage or discharge of a mortgage-of-a-mortgage, which may then be registered, despite subsection (1). R.S.O. 1990, c. R.20, s. 58 (2); 2000, c. 26, Sched. B, s. 17 (5). Effect of registration of discharge (3) A discharge, even though registered under subsection (2), execut…

• 62.
• 50 #66Manner of registration
• 51. #66
• 59Discharge of mortgages held by amalgamated loan or trust corporations

  59 Where a loan or trust corporation that has acquired the assets of another loan or trust corporation by amalgamation of such corporations desires to discharge any of the mortgages of such corporation and the certificate of amalgamation or a certified or notarial copy thereof has been registered, it is sufficient to set forth in the instrument to be registered the fact of the assent of the Lieutenant Governor in Council or the Governor in Council, as the case may be, to the amalgamation with the date of the certificate of amalgamation and its registered number, or a reference to the Act by which the loan or trust corporations were amalgamated or by which the agreement was ratified, and upon registration of the discharge the land registrar shall enter in the abstract index the particulars of amalgamation mentioned in the discharge. R.S.O. 1990, c. R.20, s. 59. Section Amendments with dat…

• 63.
• 50 #67Manner of registration
• 60Registration of discharge when mortgage paid off by subsequent mortgagee

  60 (1) Where a mortgage has been paid off by any person advancing money by way of a new loan on mortgage on the same land and the mortgage so paid off or the discharge thereof is held by the mortgagee making the new loan, the discharge of the mortgage so paid off shall be registered within six months from the date thereof, unless the mortgagor has authorized, in writing, the retention of the discharge for a longer period. R.S.O. 1990, c. R.20, s. 60 (1). Right of subsequent mortgagee (2) The registration does not affect the right, if any, of the mortgagee who may have paid off such mortgage, the assignee, or any person claiming under the mortgagee, by purchase or otherwise, to be subrogated to the rights of the mortgagee whose mortgage debt has been so paid. R.S.O. 1990, c. R.20, s. 60 (2).

• 64.
• 51 #68Crown grants
• 61Registration of discharge given by person other than the mortgagee

  61 (1) Where the person entitled to receive the mortgage money and to discharge a registered mortgage is not the original mortgagee, the person shall, at the person’s own expense, cause to be registered before the registration of the certificate of discharge all the instruments or documents through which the person claims interest in and title to the mortgage money, and until those instruments or documents are registered the certificate of discharge shall not be registered. R.S.O. 1990, c. R.20, s. 61 (1). Where document lost or destroyed (2) Where it is made to appear to a judge of the Superior Court of Justice that any instrument or document through which any person claims interest in and title to mortgage money has been destroyed or cannot be found, the judge may, upon such evidence by affidavit or otherwise as the judge may consider proper, dispense with the registration thereof and …

• 65.
• 51 #69Crown grants
• 62Partial discharge of mortgage

  62 Where only part of the land mortgaged by a registered mortgage is to be discharged therefrom, a certificate of discharge, in the prescribed form, that includes a local description of the land, executed by the mortgagee, the executor, administrator, estate trustee or assignee of the mortgagee, or by such other person as may be entitled by law to receive the money and to discharge the mortgage, may be registered. R.S.O. 1990, c. R.20, s. 62; 1998, c. 18, Sched. E, s. 243. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 243 - 18/12/1998

• 66.
• 63Effect of registration of discharge of mortgage

  63 (1) If a certificate of discharge under this Act and the regulations that complies with Part I of the Land Registration Reform Act and the regulations made under it is registered for a mortgage described in subsection (2), the certificate is valid and effectual as a conveyance to the mortgagor, the heirs or assigns of the mortgagor of the mortgagor’s original estate in the mortgaged land or in the part of the land described in the certificate, as the case may be. 1998, c. 18, Sched. E, s. 244. Mortgage predating (2) Subsection (1) applies to a mortgage executed, (a) before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or (b) before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario. 1998, c. 18, Sched. E, s. 244. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s.…

• 67.
• 64Deeds to uses

  64 (1) In this section, “deed to uses” means a deed purporting to grant or convey land to such uses as the grantee may appoint, regardless of the method of appointment specified in the deed, and, until appointment or in default of appointment, purporting to grant or convey the land to the use of the grantee absolutely, and includes every such deed containing words of like import, but does not include a mortgage; (“acte accordant un droit d’usage”) “grantee to uses” means a grantee named in a deed to uses. (“bénéficiaire du droit d’usage”) R.S.O. 1990, c. R.20, s. 64 (1). Mortgage does not exhaust power (2) A mortgage made by a grantee to uses does not exhaust the grantee’s power of appointment. R.S.O. 1990, c. R.20, s. 64 (2). Effect of discharge of mortgage (3) Despite the registration of a discharge of, (a) a mortgage that was made by a grantee to uses; or (b) a mortgage to which the l…

• 68.
• 65Discharge of mortgage seized under execution

  65 (1) Where a sheriff, bailiff of the Small Claims Court or other officer, under a writ or warrant of execution against goods, seizes a mortgage belonging to the person against whose goods the writ or warrant has issued, on or affecting land in Ontario, the payment of the mortgage money in whole or in part to the sheriff, bailiff, or other officer by the mortgagor, or any other person or any person claiming under the mortgagor, satisfies the mortgage to the extent of such payment. R.S.O. 1990, c. R.20, s. 65 (1). Form of certificate of discharge (2) After payment of the mortgage money or any part thereof, the sheriff, bailiff or other officer shall, at the request and expense of the person requiring it, give a certificate in the prescribed form under the hand and seal of office of the sheriff or other officer, or under the hand of the bailiff and the seal of the Small Claims Court. R.S.…

• 69.
• [s73]
• 66Discharge of instrument given in relation to purchase of goods

  66 Instruments of the nature mentioned in section 30, as that section read immediately before December 18, 1998, may be discharged, and the land affected thereby released therefrom, by registering in the proper land registry office a certificate of discharge in the prescribed form. R.S.O. 1990, c. R.20, s. 66; 1998, c. 18, Sched. E, s. 246. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 246 - 18/12/1998

• [s74]
• 67Effect when discharge of certain other instruments registered for two years

  67 (1) Where it appears from the abstract index that an instrument purporting to be a valid discharge of, (a) a certificate of pending litigation; (b) a claim for a construction lien under the Construction Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980; (c) a certificate of action in respect of a construction lien under the Construction Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980; (d) a registered notice of a conditional sale contract; (e) a registered gas or oil lease; (f) a registered notice of security interest under the Personal Property Security Act; (g) a certificate under subsection 3 (3) of the Housing Development Act; (h) a registered notice of a lien under the Legal Aid Services Act, 2020 or a predecessor of that Act; (i) a registered notice of a lien under the Ontario Works Act, 1997; (j…

• 70.
• [s75]

  has been registered for two or more years, the land described in the certificate, claim, notice or lease, or that portion of the land described in the discharging instrument, as the case may be, is not affected by any claim under the certificate, claim, notice or lease or under any instrument relating exclusively thereto. R.S.O. 1990, c. R.20, s. 67 (1); 1993, c. 27, Sched.; 1999, c. 12, Sched. F, s. 38 (1); 2002, c. 18, Sched. E, s. 8 (5); 2017, c. 24, s. 81 (3, 4); 2020, c. 11, Sched. 15, s. 58. Deletion after two years (2) After the expiry of the two-year period mentioned in subsection (1), the land registrar may, (a) delete from the abstract index, in the manner that the Director of Titles specifies, the entry of any instrument to which subsection (1) applies; or (b) make an entry in the abstract index, in the manner that the Director of Titles specifies, indicating that the entry of…

• 71.
• [s76]
• 68Registration of order

  68 Every order of the Ontario Land Tribunal or other order or instrument whereby a local municipality becomes incorporated or the boundaries of a municipality are enlarged, diminished or altered, may be registered in the proper land registry office. 2002, c. 17, Sched. F, Table.; 2021, c. 4, Sched. 6, s. 85 (2) Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2021, c. 4, Sched. 6, s. 85 (2) - 01/06/2021

• 72.
• [s77]
• 69Certified copies, notarial copies

  69 Where any provision of this Act requires or permits the registration of a certified or notarial copy of an instrument, the instrument may be registered instead of a copy. R.S.O. 1990, c. R.20, s. 69.

• 73.