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Bulletin information:

Issue Date: February 26, 1992
Legislation: The Family Support Plan Amendment Act, 1991 and TheLand Titles Act

Bulletin content:

Under section 136 of The Land Titles Act, R.S.O. 1990, chapter. L.5. (formerly section 137, R.S.O. 1980, c. 230), the sheriff, upon instructions form the judgement creditor, shall forward to the land registrar of the land titles division(s) within the sheriff’s jurisdiction a copy of the writ of execution filed with the sheriff. The writ does not affect land under the Land Titles Act until it has been received and recorded by the land registrar.

Effective March 1, 1992, The Family Support Plan Amendment Act, 1991 comes into force. This act amends the Support and Custody orders Enforcement Act, 1985 to provide for new procedures for enforcement of support orders and changes it name to The Family Support Plan Act. The Director of Support and Custody Enforcement is now called the Director of the Family Support Plan. Please note that the provisions of Bulletin No. 87008 on The Support and Custody Orders Enforcement Act, 1985 should be amended accordingly.

Real estate practitioners should note that under subsection 10.1(6) a ten day waiting period may apply before a writ in respect of a support order can be satisfied.

Subsections 10.1(1) and (2) of The Family Support Plan Act permit the amount of a writ of seizure and sale (i.e. a writ of execution) relating to a support order to be amended by filing a statutory declaration with the sheriff.

Subsection 10.1(8) of The Family Support Plan Act provides that when a statutory declaration is filed which amends the amount of a writ which has been forwarded to a land registrar under The Land Titles Act, a copy of the statutory declaration will be sent by the sheriff to the land registrar. The amendment to the writ does not bind the land until the copy of the statutory declaration has been received and recorded by the land registrar.

The effect of this change is that after March 1, 1992, land registry offices for land titles divisions will begin receiving copies of the statutory declaration form. Our procedure to receive and record, will be to attach the copy of the statutory declaration form to our copy of the writ. The statutory declaration form will have the sheriff’s original writ number to assist in identifying the writ to which it should be attached.

Attached is a copy of subsection 10.1(8) which covers the delivery of a copy of the statutory declaration form to the land registrar. A sample of the statutory declaration form, is also enclosed for your information.

Original signed by:

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

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Contact the Director of Titles for accessible versions of additional PDF attachments