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Bulletin information:

Issue Date: October 26, 1992
Legislation: Subsection 7(6)(7) Cemeteries Act R.S.O. 1990, chapter.4, Land Titles Act, Registry Act

Bulletin content:

A Certificate of Consent issued by the Registrar under The Cemeteries Act (Revised) is acceptable for registration under both The Land Titles Act and The Registry Act.

The Act required that the Certificate of Consent contains sufficient description of land so that it may be registered in the appropriate land registry office. Regulation 130/92 under The Act states that the plan of the cemetery is to be prepared by an Ontario Land Surveyor or prepared from a deposited reference plan of survey. The Certificate of Consent must therefore refer to a reference plan and be attached to a Form 4 General to be registered. Once the Certificate of Consent is registered in the land registry office, the land becomes a cemetery.

The provisions concerning the surveying and subdividing of cemetery land and the depositing of a plan contained in Section 4 of Regulation 90 under The Cemeteries Act (R.S.O. 1980, c.59) have been deleted. Accordingly, such plans will not be accepted for deposit. Clause 2(1)(e) of Regulation 898 will be rescinded when revisions to these regulations are completed.

Land Registrars will not be enforcing any other provisions of the Cemeteries Act (Revised) which govern the operations of cemeteries or crematoriums.

Abstracting Procedures

In both systems the registered instrument is to be entered as a “Certificate of Consent under The Cemeteries Act (Revised)”, in the type of instrument column.

Original signed by:

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