Registry Act, R.S.O. 1990, c. R.20

• Jurisdiction: Ontario

Registry Act

R.S.O. 1990, CHAPTER R.20

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

Last amendment: 2021, c. 4, Sched. 6, s. 85.

CONTENTS

Definitions

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 appointed under section 14 of the Land Titles Act; (“inspecteur des arpentages”)

“facsimile” means an accurate reproduction of a book, instrument, document or record and includes a print from microfilm and a printed copy generated by or produced from a computer record; (“fac-similé”)

“instrument” includes every instrument whereby title to land in Ontario may be transferred, disposed of, charged, encumbered or affected in any other way, and, without limiting the generality of the foregoing, includes any instrument mentioned in subsection 18 (6) and a Crown grant of Canada and of Ontario, a deed, conveyance, mortgage, assignment of mortgage, certificate of discharge of mortgage, assurance, lease, release, discharge, agreement for the sale or purchase of land, caution under the Estates Administration Act or renewal or withdrawal thereof, municipal by-law, certificate of proceedings in any court, judgment or order of foreclosure and every other certificate of judgment or order of any court affecting any interest in or title to land, and a certificate of payment of taxes granted under the corporate seal of any municipality by the treasurer, a sheriff’s and treasurer’s deed of land sold by virtue of his or her office, a contract in writing, every order and proceeding in bankruptcy and insolvency, a plan of a survey or subdivision of land, and every notice, caution and other instrument registered in compliance with an Act of Canada or Ontario; (“acte”)

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

“land registrar” means a land registrar appointed under section 9; (“registrateur”)

“letters probate” includes letters testamentary or a similar grant based on a will proven before a court having jurisdiction in probate matters outside Ontario; (“lettres d’homologation”)

“local description” means a description of land drawn in accordance with the regulations; (“description particulière”)

“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”)

“notarial” includes prothonotarial; (“notarié”)

“photographic film” includes any photographic plate, microphotographic film or photocopy negative; (“pellicule photographique”)

“plan of subdivision” means a plan by which the owner of land divides the land into areas designated on the plan, but does not include a plan under the Cemeteries Act or the Expropriations Act or any predecessor of such Acts; (“plan de lotissement”)

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

“property” means land designated as a property under subsection 21 (2) or (4); (“unité foncière”)

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

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

“surveyor” means a member of the Association of Ontario Land Surveyors who is authorized under the Surveyors Act to engage in the practice of cadastral surveying in Ontario; (“arpenteur-géomètre”)

“will” means a will as defined in the Succession Law Reform Act. (“testament”) R.S.O. 1990, c. R.20, s. 1; 2001, c. 9, Sched. D, s. 13; 2009, c. 33, Sched. 22, s. 10; 2012, c. 8, Sched. 51, s. 1 (5).

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

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

2009, c. 33, Sched. 22, s. 10 - 15/12/2009

2012, c. 8, Sched. 51, s. 1 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022; 2012, c. 8, Sched. 51, s. 1 (5) - 13/10/2020

Minister 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

PART I
ORGANIZATION AND ADMINISTRATION

Application 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

Registry 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

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

Director 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) - 18/12/1998

2006, c. 35, Sched. C, s. 115 (1) - 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

Transfer 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.O. 1990, c. R.20, s. 7 (4).

Idem

(5) Where a function has been transferred and subsection (2) applies, the statutory provision cited and the related provisions of any regulation shall thereafter be read and construed as though “Director of Land Registration or Director of Titles” had been substituted for “Director of Land Registration”. R.S.O. 1990, c. R.20, s. 7 (5).

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

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

Representatives 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 ...