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Last revised:
March 19, 1992

Memo to:

Beth Wright, Land Registrar, L.R.O. #24 – Kent

From:

Paul Madan
Manager, Survey And Title Services

Contents of the memo

It appears that there is some confusion concerning the registration of copies of Orders in Council which deal with changes to municipal boundaries or annexation orders.

Section 68 of the Registry Act, which deals with changes to the municipal boundaries, provides that:

  • "Every order of the Municipal Board or other instrument whereby a city, town, village, township or improvement district becomes incorporated, or the boundaries of any municipality are enlarged, diminished, or altered, shall be registered in the proper land 1and registry office and shall be recorded in the by-law index under subsection 18(1)". (emphasis added).

Subsection 18(1) of the Act specifies the framework for the by-law index in a land registry office. Subsections 18(4) and 18(5) support the provisions of section 68.

Accordingly the copies of Orders in Council should be registered and recorded in the by-law index as set out in section 68 of the Registry Act.

If the abstract books are maintained on a municipal basis, and Order in Council affects municipal boundaries, if the land registrar is satisfied with the description it may be appropriate for a note to appear on the proper abstract index pages.

Bulletin 75032 provides that a photocopy of a certified copy of an Order in Council is acceptable for registration.

Original signed by:

Paul Madan

Copied:

D. Georgas
Kate Murray
Legal Services
Regional Managers
Regional Surveyors
Head office Managers