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Bulletin information:

Issue Date: February 17, 1992
Legislation: Land Transfer Tax Act

Bulletin content:

The authority to grant an exemption from the payment of Land Transfer Tax on petroleum and natural gas lease and surrender documents, vests only with the Minister of Revenue under subsection 3(1) of Regulations 571 of The Land Transfer Tax Act. This authority has not been delegated to the collector (Land Registrar) by the Minister in situations where the affidavit is sworn by someone other than the transferee, or the authorized agent of the transferee, or the solicitor for the transferee.

Land Registrars should advise parties tendering such a document for registration that it should be approved for exemption by the Ministry of Revenue, Motor Fuels and Tobacco Tax Branch, 3rd Floor, 33 King Street West, Oshawa, Ontario L1H 8H5.

The collector is authorized to accept an affidavit sworn by the transferee, or by the authorized agent of the transferee, or the solicitor for the transferee, when the transferee is claiming an exemption from the tax under subsection 3(1) of Regulation 571.

Original signed by:

Despina H. Georgas , Director of Land Registration
Katherine M. Murray, Director of Titles