Land Registration Reform Act, R.S.O. 1990, c. L.4

• Jurisdiction: Ontario

Land Registration Reform Act

R.S.O. 1990, Chapter L.4

Consolidation Period: From December 31, 2022 to the e-Laws currency date.

Last amendment: 2019, c. 7, Sched. 37.

CONTENTS

part I
documents

Definitions

1 In this Part,

“charge” means a charge on land given for the purpose of securing the payment of a debt or the performance of an obligation, and includes a charge under the Land Titles Act and a mortgage, but does not include a rent charge; (“charge”)

“charge book” means the book maintained under subsection 8 (5); (“registre des charges”)

“chargee” means a person in whose favour a charge is given; (“titulaire d’une charge”, “titulaire”)

“chargor” means a person who gives a charge; (“constituant d’une charge”, “constituant”)

“Director” means the Director of Titles appointed under subsection 9 (1) of the Land Titles Act; (“directeur”)

“Director of Land Registration” means the Director of Land Registration appointed under subsection 6 (1) of the Registry Act; (“directeur de l'enregistrement des immeubles”)

“discharge” means a discharge of a charge and includes a cessation of charge under the Land Titles Act and a certificate of discharge of mortgage under the Registry Act; (“mainlevée”)

“document” includes an instrument as defined in section 1 of the Registry Act; (“document”)

“land” means land, tenements, hereditaments and appurtenances and any estate or interest therein; (“bien-fonds”)

“land registrar” means a land registrar appointed under the Land Titles Act or the Registry Act; (“registrateur”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Part; (“règlements”)

“successor” means an heir, executor or administrator; (“successeur”)

“transfer” means a conveyance of freehold or leasehold land and includes a deed and a transfer under the Land Titles Act, but does not include a lease or a charge; (“cession”)

“transferee” means a person in whose favour a transfer is given; (“cessionnaire”)

“transferor” means a person who gives a transfer. (“cédant”) R.S.O. 1990, c. L.4, s. 1; 2000, c. 26, Sched. B, s. 11 (1, 2).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 11 (1, 2) - 06/12/2000

2012, c. 8, Sched. 27, s. 1 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

Application of Part

2 This Part applies to documents affecting or relating to land in Ontario. 1998, c. 18, Sched. E, s. 93.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. E, s. 93 - 18/12/1998

Form of documents

3 (1) A document shall not be registered under the Land Titles Act or the Registry Act, or deposited under Part II of the Registry Act, unless,

(a) its form and manner of completion and execution comply with this Part and the regulations; or

(b) it is attached to a document whose form and manner of completion and execution comply with this Part and the regulations. R.S.O. 1990, c. L.4, s. 3 (1).

(2) Repealed: 2019, c. 7, Sched. 37, s. 1.

Saving

(3) Failure to comply with subsection (1) does not, in itself, invalidate a document that has been registered under the Land Titles Act or the Registry Act, or deposited under Part II of the Registry Act, after the coming into force of this section. R.S.O. 1990, c. L.4, s. 3 (3).

Director may authorize registration or deposit

(4) The Director may authorize the registration under the Land Titles Act or the Registry Act, or the deposit under Part II of the Registry Act, of a document whose form or manner of execution does not comply with this Part and the regulations. R.S.O. 1990, c. L.4, s. 3 (4).

Court may order registration or deposit

(5) Where the form or manner of execution of a document does not comply with this Part or the regulations, the Superior Court of Justice may, on an application made on notice to the Director, order that the document be registered under the Land Titles Act or the Registry Act, or deposited under Part II of the Registry Act. R.S.O. 1990, c. L.4, s. 3 (5); 2000, c. 26, Sched. B, s. 11 (3).

Appeal

(6) An order or refusal to make an order under subsection (5) may be appealed to the Divisional Court by the applicant or by the Director. R.S.O. 1990, c. L.4, s. 3 (6).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 11 (3) - 06/12/2000

2019, c. 7, Sched. 37, s. 1 - 29/05/2019

Incorporation of schedules

4 (1) A document attached as a schedule to a document whose form is prescribed shall be deemed to be part of the document whose form is prescribed. R.S.O. 1990, c. L.4, s. 4 (1).

Prescribed form governs

(2) Where there is a conflict between the contents of a document whose form is prescribed and the contents of a document attached to it as a schedule, the document whose form is prescribed prevails. R.S.O. 1990, c. L.4, s. 4 (2).

Transfer: implied covenants

5 (1) A transfer in the prescribed form shall be deemed to include the following covenants and release by the transferor, for the transferor and the transferor’s successors, to and with the transferee and persons deriving title under the transferee:

Usual covenants and release

1. In a transfer of freehold or leasehold land by the beneficial owner for valuable consideration, unless the transfer is expressed to be a quitclaim:

i. That the transferor has the right to convey the land to the transferee.

ii. That the transferee shall have quiet enjoyment of the land.

iii. That the transferor or the transferor’s successors and assigns will execute such further assurances of the land and do such other acts, at the transferee’s expense, as may be reasonably required.

iv. That the transferor has not done, omitted or permitted anything whereby the land is or may be encumbered, except as the records of the land registry office disclose.

v. That the transferor releases to the transferee all the transferor’s existing claims on the land, except as the transfer provides and the records of the land registry office disclose.

Covenant re leasehold

2. In a transfer of leasehold land by the beneficial owner for valuable consideration:

That, despite anything done, omitted or permitted by the transferor, the lease or grant creating the term or estate for which the land is transferred is, at the time the transfer is given, a valid lease or grant of the property conveyed, in full force, unforfeited and unsurrendered, and that there is no subsisting default in the payment of the rents reserved by or in the performance of the covenants, conditions and agreements contained in the lease or grant at the time the transfer is given.

Covenants and release by trustee, etc.

3. In a transfer of freehold or leasehold land by a transferor who transfers as trustee or chargee, as personal representative of a deceased person, as guardian of the property of a mentally incapable person, or under a court order:

i. That the transferor has not done, omitted or permitted anything whereby the land is or may be encumbered or whereby the transferor is hindered from giving the transfer.

ii. That the transferor or the transferor’s successors and assigns will execute such further assurances of the land and do such other acts, at the transferee’s expense, as may be reasonably required.

iii. That the transferor releases to the transferee all the transferor’s existing claims on the land, except as the transfer provides and the records of the land registry office disclose.

Settlor’s covenant for further assurances

4. In a transfer of freehold or leasehold land by way of settlement by a transferor who transfers as settlor:

That the transferor and the transferor’s successors and assigns will execute such further assurances of the land and do such other acts, at the expense of any person deriving title under the transfer, as may be reasonably required. R.S.O. 1990, c. L.4, s. 5 (1); 1992, c. 32, s. 17.

Multiple parties

(2) Where a transfer to which subsection (1) applies is given by or to more than one person, the covenants deemed to be included by that subsection are made,

(a) by each transferor to the extent of the interest or share transferred by the transferor; and

(b) with the transferees jointly, if the transfer is made to them jointly, or with each transferee, if the transfer is made to them as tenants in common. R.S.O. 1990, c. L.4, s. 5 (2).

Covenant by beneficial owner directing transfer

(3) Where a transfer to which subsection (1) applies is given at the direction of the beneficial owner, the transfer shall be deemed to include the appropriate covenants set out in subsection (1) on the part of the beneficial owner as if the beneficial owner were the transferor. R.S.O. 1990, c. L.4, s. 5 (3).

Amendment of implied covenants

(4) A covenant deemed to be included in a transfer by this section may, in a schedule to the transfer, be expressly excluded or be varied by setting out the covenant, appropriately amended. R.S.O. 1990, c. L.4, s. 5 (4).

Enforcement of covenant

(5) The benefit of a covenant deemed to be included in a transfer by this section runs with the interest of the transferee in the land transferred, and may be enforced by any person in whom the interest or part of it vests. R.S.O. 1990, c. L.4, s. 5 (5).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 17 - 03/04/1995

Charges

6 (1) A charge does not operate as a transfer of the legal estate in the land to the chargee. R.S.O. 1990, c. L.4, s. 6 (1).

Defeasance

(2) A charge ceases to operate when the money and interest secured by the charge are paid, or the obligations whose performance is secured by the charge are performed, in the manner provided by the charge. R.S.O. 1990, c. L.4, s. 6 (2).

Rights and remedies preserved

(3) Despite subsection (1), a chargor and chargee are entitled to all the legal and equitable rights and remedies that would be available to them if the chargor had transferred the land...