O. Reg. 439/11: FORMS, RECORDS AND PROCEDURES


Published: 2011-09-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
 

ontario regulation 439/11

made under the

land titles Act

Made: May 18, 2011
Filed: September 1, 2011
Published on e-Laws: September 6, 2011
Printed in The Ontario Gazette: September 17, 2011


Amending Reg. 690 of R.R.O. 1990

(Forms, Records and Procedures)

1. The title of Regulation 690 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

 

PROCEDURES AND RECORDS

2. The definition of “registrable description” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“registrable description” means a description of land in accordance with Part XII of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act;

3. (1) Subsection 2 (1) of the Regulation is amended by striking out “in Form 1” and substituting “in the required form”.

(2) Clause 2 (2) (b) of the Regulation is amended by striking out “and an affidavit in Form 19 as to the execution of the consent” at the end.

4. (1) Subsection 3 (1) of the Regulation is revoked and the following substituted:

(1) A notice of an application shall be in the required form and shall be prepared and signed by the applicant’s solicitor.

(2) Clause 3 (4) (b) of the Regulation is amended by striking out “in Form 3” and substituting “in the required form”.

5. (1) Section 5 of the Regulation is amended by adding the following subsection:

(1) An application for the registration of a caution against first registration under subsection 43 (1) of the Act that is submitted for registration in a non-electronic format shall be supported by an affidavit that sets out the supporting evidence and that is in the required form.

(2) Subsection 5 (2) of the Regulation is amended by striking out “in Form 10” and substituting “in the required form”.

6. (1) Clause 6 (2) (b) of the Regulation is amended by striking out “in Form 4” in the portion before subclause (i) and substituting “in the required form”.

(2) Clause 6 (2) (p) of the Regulation is amended by striking out “in Form 5” and substituting “in the required form”.

(3) Clause 6 (2) (q) of the Regulation is amended by striking out “in Form 6” and substituting “in the required form”.

(4) Clause 6 (2) (r) of the Regulation is amended by striking out “in Form 7” and substituting “in the required form”.

(5) Subclause 6 (2) (s) (i) of the Regulation is revoked and the following substituted:

(i) proof of service in the required form, and

(6) Clause 6 (2) (x) of the Regulation is amended by striking out “in Form 8” and substituting “in the required form”.

7. Subsection 10 (4) of the Regulation is amended by striking out “in Form 12” and substituting “in the required form”.

8. Clause 11 (2) (a) of the Regulation is amended by striking out “in Form 13” and substituting “in the required form”.

9. Clause 12 (2) (d) of the Regulation is amended by striking out “in Form 8” and substituting “in the form mentioned in clause 6 (2) (x)”.

10. Section 12.2 of the Regulation and the heading immediately before it are revoked.

11. (1) Section 14 of the Regulation is amended by adding the following subsections:

(1) The following land titles divisions are designated for the purposes of section 85 of the Act:

 


Algoma (No. 1)




Cochrane (No.6)




Dundas (No. 8)




Essex (No. 12)




Glengarry (No. 14)




Kenora (No. 23)




Kent (No. 24)




Middlesex (No. 33)




Niagara (No. 30)




Niagara South (No. 59)




Nipissing (No. 36)




Ottawa-Carleton (No. 4)




Peel (No. 43)




Prescott (No. 46)




Renfrew (No. 49)




Russell (No. 50)




Simcoe (No. 51)




Stormont (No. 52)




Sudbury (No. 53)




Thunder Bay (No. 55)




Timiskaming (No. 54)




Toronto (No. 66)




Wentworth (No. 62)




 

(2) The following Acts are designated for the purpose of the definition of “prescribed form” in subsection 85 (3) of the Act:

1. Condominium Act, 1998.

2. Construction Lien Act.

3. Estates Administration Act.

4. Family Law Act.

5. Land Registration Reform Act.

6. Land Transfer Tax Act.

7. Municipal Act, 2001.

8. Personal Property Security Act.

9. Powers of Attorney Act.

10. Substitute Decisions Act, 1992.

(2) Subsections 14 (4) and (5) of the Regulation are revoked and the following substituted:

(4) Despite subsection (1), all land titles divisions are designated for the purposes of section 85 of the Act if the instrument or application to be registered is the bilingual version of any of the forms described in section 2 of Regulation 688 of the Revised Regulations of Ontario, 1990 (Form of Documents) made under the Land Registration Reform Act.

(5) If the instrument or application to be registered is the bilingual version of any of the forms described in section 2 of Regulation 688 of the Revised Regulations of Ontario, 1990 (Form of Documents) made under the Land Registration Reform Act, if words have been added to the instrument or application and if the land registrar is of the opinion that all the words that have been added appear in both the English and French languages, the instrument or application may be registered.

12. The Regulation is amended by adding the following section:

15. (1) If an application to amend the register under subsection 69 (1) or section 75 of the Act or under any other section of the Act under which no form is prescribed is submitted for registration in a non-electronic format, it shall,

(a) refer to the section of the Act under which the application is made; and

(b) be supported by the documentary evidence, if any, upon which the applicant relies.

(2) If the application is based on a judgment or order of a court or judge, the documentary evidence mentioned in clause (1) (b) shall be in the form of,

(a) the original judgment or order;

(b) a copy certified by the court;

(c) a certificate certified by the court setting out the substance and effect of the judgment or order; or

(d) a notarial copy of the original, certified copy or certificate.

(3) If the application is based on a judgment or order of a court or judge, it shall be supported by an affidavit of a solicitor deposing that,

(a) the judgment or order is still in full force and effect and has not been stayed; and

(b) the judgment or order affects or relates to the land referred to in the application, unless the land is unambiguously identified in the judgment or order as being the land described in the register.

(4) If the application is based on a judgment or final order of foreclosure on a charge or mortgage, it shall include a registrable description of the land and the registration number of the charge or mortgage.

(5) If the application is based on an order discharging or vacating a construction lien or vacating a certificate of action under the Construction Lien Act, it shall include a registrable description of the land and the registration number of every registered claim for lien and certificate of action affected by the order.

13. Section 17 of the Regulation is amended by adding the following subsections:

(1) Except as provided in section 15, an application to register a judgment or order affecting or relating to registered land that is submitted for registration in a non-electronic format shall not be registered unless accompanied by an application in the required form.

. . . . .

(3) A judgment or order shall not be registered unless it is in the form of,

(a) the original judgment or order;

(b) a copy certified by the court;

(c) a certificate certified by the court setting out the substance and effect of the judgment or order; or

(d) a notarial copy of the original, certified copy or certificate.

14. The Regulation is amended by adding the following sections:

Instrument Executed under Power of Attorney

19. An instrument that is executed under a power of attorney and that is submitted for registration in a non-electronic format shall not be registered unless the attorney states in the instrument that, to the best of the attorney’s knowledge and belief,

(a) the principal was at least 18 years old and had the legal capacity to give the power of attorney when giving it; and

(b) the power is in full force and effect.

Transfer and Charge of Land

20. A transfer of freehold land under subsection 86 (1) of the Act or a transfer of leasehold land under subsection 105 (1) of the Act shall comply with the requirements for the registration of a transfer under the Land Registration Reform Act.

21. A charge under section 93 of the Act shall comply with the requirements for the registration of a charge under the Land Registration Reform Act.

22. (1) A cessation of charge under section 102 of the Act, a discharge of mortgage under section 103 of the Act or a discharge of any other encumbrance or interest shall not discharge more than one charge, mortgage or other interest.

(2) A cessation of charge under section 102 of the Act, a discharge of mortgage under section 103 of the Act or a discharge of any other encumbrance or interest shall comply with the requirements for the registration of a discharge under the Land Registration Reform Act.

(3) If the registered owner of the land submits an application to register in a non-electronic format a cessation of a registered charge under subsection 102 (1) of the Act, the application shall be supported by,

(a) a receipt or such other evidence of payment as is acceptable to the land registrar; and

(b) the affidavit of the applicant attesting to full payment.

23. A transfer of an interest in land by a chargee under section 99 of the Act or under Part II of the Mortgages Act that is submitted for registration in a non-electronic format shall state that,

(a) the transfer is given under a power of sale contained in the charge or under Part II of the Mortgages Act, as the case may be; and

(b) the sale complies with the charge and the Mortgages Act.

15. (1) The heading immediately before subsection 36 (1) of the Regulation is revoked.

(2) Subsection 36 (2) of the Regulation is revoked.

16. The Regulation is amended by adding the following section:

37. A survivorship application under section 123 of the Act that is submitted for registration in a non-electronic format shall be supported by an affidavit that sets out the supporting evidence and that is in the required form.

17. (1) Subsection 38 (1) of the Regulation is revoked and the following substituted:

(1) An application to the Director of Titles or to the land registrar for an inhibiting order under section 23 of the Act that is submitted for registration in a non-electronic format shall be in the required form and shall be supported by the evidence that the Director of Titles or the land registrar, as the case may be, requires.

(2) Subsection 38 (3) of the Regulation is revoked.

18. Subsection 41 (2) of the Regulation is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

19. Section 44 of the Regulation is revoked.

20. Subsection 60 (1) of the Regulation is amended by striking out “first class mail” and substituting “ordinary mail”.

21. The Regulation is amended by adding the following section:

61. (1) If a notice is required by the Act or this Regulation to be served by the Director of Titles or by a land registrar, the notice may, with the consent of the Director of Titles or of the land registrar, be served by the solicitor for the party interested in service if,

(a) the Director of Titles or the land registrar, as the case may be, has signed the original form of the notice; and

(b) an affidavit attesting to the service is filed with the Director of Titles or the land registrar, as the case may be.

(2) A notice served by or on behalf of the Director of Titles or the land registrar may be served by electronic transmission, and if so sent, shall be deemed to be received on the day following the date of electronic transmission that the land registry office is open under section 18 of the Act.

22. Sections 63 and 64 of the Regulation are revoked and the following substituted:

Claims against the Land Titles Assurance Fund

63. An instrument perpetrates a fraud for the purposes of clause (d) of the definition of “fraudulent instrument” in section 1 of the Act if,

(a) it is a cessation of a charge or of an encumbrance; and

(b) the person who purports to register it is a fraudulent person.

64. (1) Subject to subsection (2), the following classes of persons are prescribed for the purposes of subsections 57 (4.1) and (4.2) of the Act:

1. An individual who was the registered owner of the land that is the subject of the application for compensation from the Assurance Fund mentioned in the applicable subsection, where the land was used for residential purposes.

2. An individual who is a purchaser in good faith for valuable consideration of the land that is the subject of the application for compensation from the Assurance Fund mentioned in the applicable subsection, where the land is used for residential purposes.

(2) No individual or person who is entitled to receive compensation from an insurer for any part of the loss for which the individual or person applies for compensation from the Assurance Fund shall be part of a class prescribed under subsection (1).

64.1 (1) An application under subsection 57 (6) of the Act for payment of compensation out of The Land Titles Assurance Fund shall be in the required form and shall be accompanied by an affidavit in the required form.

(2) If the amount payable under a certificate of the Director of Titles under subsection 57 (11) of the Act does not exceed the amount to which subsection 54 (4) of the Act applies, the certificate shall be delivered to the Accountant of the Superior Court of Justice for payment from The Land Titles Assurance Fund Account.

(3) If the Director of Titles determines that an amount is to be paid from The Land Titles Assurance Fund in full satisfaction of the applicant’s claim, the Director of Titles may, before or after the Accountant’s cheque for the amount has been transferred to the applicant or the applicant’s solicitor, require the applicant to execute an acknowledgement and release in the required form and to deliver it to the Director of Titles.

23. Section 65 of the Regulation is amended by striking out “Ontario Court (General Division)” at the end and substituting “Superior Court of Justice”.

Commencement

24. This Regulation comes into force on the later of the July 1, 2011 and the day it is filed.

Made by:

Harinder Jeet Singh Takhar

Minister of Government Services

Date made: May 18, 2011.