O. Reg. 437/11: FORMS AND RECORDS


Published: 2011-09-01

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ontario regulation 437/11

made under the

registry 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. 995 of R.R.O. 1990

(Forms and Records)

1. The title to Regulation 995 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

 

RECORDS

2. (1) Section 20 of the Regulation is amended by adding the following subsection:

(0.1) This section applies to instruments registered under subsection 22 (7) of the Act.

(2) Clause 20 (5) (b) of the Regulation is amended by striking out “Form 10” and substituting “the prescribed form”.

3. Subsection 21 (2) of the Regulation is revoked and the following substituted:

(2) A notice of a lease of chattels that have become, or may become, fixtures shall not be registered unless the notice is signed by the owner of the chattels.

4. Subsection 22 (8) of the Regulation is revoked and the following substituted: 

(8) A statement of good faith referred to in subsection 22 (11) of the Act shall be made by the person who signs the notice to which the statement refers.

5. (1) Section 28 of the Regulation is amended by adding the following subsections:

(1) The following registry divisions are designated for the purposes of section 44 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)




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 subsection 44 (4) 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 28 (4) and (5) of the Regulation are revoked and the following substituted:

(4) Despite subsection (1), all registry divisions are designated for the purposes of section 44 of the Act if the instrument to be registered or document to be deposited is the bilingual version 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 to be registered or the document to be deposited is the bilingual version 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 document 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 may be registered or the document may be deposited.

6. Subsection 41 (2) of the Regulation is amended by adding “under section 107 of the Act” after “may be written on or attached to a requisition”.

7. Section 48 of the Regulation is revoked and the following substituted:

48. A tax deed or notice of vesting under the Municipal Act, 2001 in respect of land that, on the date of the deed or notice, was in a local municipality referred to in Schedule 2 shall not be registered unless it has attached to it a statement stating,

(a) whether or not the land is liable to taxes under the Mining Act; and

(b) whether or not, under section 384 of the Municipal Act, 2001, the registration creates a severance of the surface rights of the land from its mining rights.

8. Section 59 of the Regulation is revoked and the following substituted:

59. A notice of claim registered under subsection 113 (2) of the Act shall not be registered unless it has attached to it a statement in support in the prescribed form.

Commencement

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

Made by:

Harinder Jeet Singh Takhar

Minister of Government Services

Date made: May 18, 2011.