Land Titles Act, R.S.O. 1990, c. L.5

• Jurisdiction: Ontario

Land Titles Act

R.S.O. 1990, CHAPTER L.5

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

Last amendment: 2020, c. 34, Sched. 22, s. 4.

CONTENTS

PART I
PRELIMINARY

Definitions

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 person is a fictitious person, or

(c) the person holds oneself out in the instrument to be, but knows that the person is not, the registered owner of the estate or interest in land affected by the instrument; (“fraudeur”)

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

“land registrar” means a land registrar appointed under the Registry Act, in whose land titles division land affected or intended to be affected by any proceeding, instrument, application or plan is or may be registered or deposited; (“registrateur”)

“lot” includes a block, reserve and any other delineation of land on a plan; (“lot”)

“Minister” means the Minister of Government Services or whatever other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

“owner” means an owner in fee simple; (“propriétaire”)

“plan” means a plan that is drawn in accordance with the regulations; (“plan”)

“prescribed” means prescribed by this Act or by the regulations; (“prescrit”)

“property” means land designated as a property under subsection 141 (2) or (4); (“unité foncière”)

“registered” means registered under this Act; (“enregistré”)

“regulations” means the regulations made under this Act and paragraph 7 of subsection 102 (1) or section 103 of the Registry Act. (“règlements”) R.S.O. 1990, c. L.5, s. 1; 1998, c. 18, Sched. E, s. 102; 2000, c. 26, Sched. B, s. 12 (1); 2001, c. 9, Sched. D, s. 13; 2006, c. 34, s. 15 (1); 2012, c. 8, Sched. 28, s. 1 (3).

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

1998, c. 18, Sched. E, s. 102 - 18/12/1998

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

2001, c. 9, Sched. D, s. 13 - 29/06/2001

2006, c. 34, s. 15 (1) - 20/12/2006

2012, c. 8, Sched. 28, s. 1 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022; 2012, c. 8, Sched. 28, s. 1 (3) - 13/10/2020

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

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

Changes in land titles divisions

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 Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

Representatives

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

Land registry offices

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).

Fee and receiving record

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.

Duties of Director of Land Registration

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

Director of Titles

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 specifies. 2006, c. 35, Sched. C, s. 58 (3).

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

1998, c. 18, Sched. E, s. 107 - 18/12/1998

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

2006, c. 35, Sched. C, s. 58 (2, 3) - 20/08/2007

2012, c. 8, Sched. 28, s. 6 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

Director of Titles: authority, hearings

Authority of Director of Titles

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 of a hearing required to be served under this Act and the land registrar shall comply with the direction. 2009, c. 33, Sched. 17, s. 5 (2).

Registration of order of Director

(6) Any order of the Director of Titles shall, upon his or her request, be registered, without fee, by the land registrar, who shall make such entries in or amendments to the register of the title of the land affected by the order as may be required by the Director in the order. R.S.O...