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Bulletin information:

Issue Date: May 22, 1989
Legislation: O. Reg. 655/87 and 656/87

Bulletin 88001 dealt with the new fees introduced under O. Reg. 656/87 under the Registry Act and O. Reg. 655/87 under the Land Titles Act. Since it was issued, we have received a number of requests to deal with specific situations and to clarify specific areas.

The following rules are to be adopted immediately.

  1. “Parcel” in the context of these regulations means every lot, title or area of land for which a separate record (e.g. parcel under the Land Titles Act, subdivision lot, concession lot, or index under section 20 or section 77 of the Registry Act) is maintained in an index or register. It does not mean every contiguous area of land held in one ownership. Accordingly, where a person owns two adjacent lots on a plan of subdivision, for which separate records have been established, the search fee is payable for each lot, for a total of $8.00. Fees will be charged on the basis of these “parcels” listed on the search requisition. Note again that for the purpose of assessing search and photocopy fees, a condominium parcel includes the condominium corporations index, property parcel register/index, the common elements and general index and the constitution index as well as the unit register/index. Streets and reserves are to be treated as separate parcels.
  2. “Search” means inspection of the index or register pages for a “parcel” as defined above. In this connection, the following are emphasized again:
    • The search fee does not entitle a searcher requesting an index or register for a parcel to indexes or registers for adjoining parcels. The search fee applies to each parcel listed on the search requisition.
    • The search fee entitles a searched to the current and all previous registers or indexes for a parcel. Note that this includes previous parcel registers in the land titles system (i.e. for searching previous corporate ownership and/or compliance with the Planning Act). It does not include previous registry abstracts indexes where the parcel is currently in land titles.
    • The search fee does not entitle the search to the index or register any subsequent day. (i.e. the search fee is payable each day the index or register is produced).
  3. The fee for a photocopy is $4.00 for the first page of each parcel. Therefore where photocopies of more than one parcel are requested the searcher is not entitled to photocopies of the first page of the additional parcels in the index or register at $1.00 per page.
  4. Where an index or register is produced for inspection and a photocopy is ordered as soon as the searcher has, in the opinion of the Land Registrar, had a reasonable opportunity to determine whether a photocopy will be required, the search fee is to be credited to the first page of the photocopy.
  5. The fee for a paper print of each sheet of a plan (e.g. whiteprint) is $1.50. A whiteprint must be produced for inspection without fee if request (e.g. access cannot be limited to the sale of copies).

Please make any changes to your procedures required as a result of the above immediately. This does not apply to any work ordered and in process, where the party has been advised that a lower fee will be payable as a result of a previous interpretation (e.g. where a party has ordered photocopies of adjoining parcels based on an expectation of a lower fee than set out above).

Original signed by:

R. Logan, Director of Land Registrations
R. Blomsma, Director of Titles