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Last revised:
February 5, 1997

Memo to:

Regional Managers
Land Registrars

From:

Ian Veitch
Director – Real Property Registration

Contents of the memo:

Bill 117 was introduced for first reading into the legislature on Monday, February 3. This Bill includes amendments to all five Acts which are administered by the Real Property Registration Branch, namely: the Boundaries Act, the Certification of Titles Act, the Land Registration Reform Act, the Land Titles Act and the Registry Act,.

The Bill, known as the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997, is a result of a Red Tape Review Commission which was given the mandate of reducing red tape in government. The Red Tape Review Commission issued some general recommendations which specifically related to the regulation making powers. As a result all of the Lieutenant Governor in General regulation making powers in all of our Acts have been eliminated and are now either regulations, which will be made by the Minister or the Director of Land Registration, or orders made by the Minister.

The basic difference as to whether or not a directive is by regulation or order is that, if it is necessary for clients to have specific notice in order to prepare and register documents, it will be by regulation. If the matter is more administrative and affects how we operate in a land registry office, it will be done by way of an order.

Each ministry was asked to review the legislation for which they are responsible and only make proposals which met certain criteria. This criteria included:

  1. decreasing regulatory burden on business of institutions;
  2. increasing efficiencies of government;
  3. providing the framework or authority to eliminate obsolete or unnecessary regulation;
  4. reducing government costs in administering regulatory measures;
  5. resulting in improved customer service;
  6. reducing duplication with other levels of government;
  7. facilitating harmonization with other jurisdictions;
  8. removing barriers to economic growth or job creation;
  9. changing the way that matters are dealt with so that the emphasis is on administrative solutions or self-regulation rather than prescriptive regulations.

As a result, we have proposed many changes in the Acts which will assist both the Branch and our clients in doing business in our offices.

Below is a summary of most of the changes to the Acts administered by RPR.

Boundaries Act

The authority to make regulations is amended so that the Minister can make orders dealing with fees and administrative issues. The Director of Land Registration can make regulations with respect to forms, and the Minister makes any other regulations.

Certification of Titles Act

The time period for appealing a decision of the Director of Titles is specified to be 30 days from the date of the decision.

The authority to make regulations is amended so that the Minister can make orders dealing with fees and administrative issues. The Director of Land Registration can make regulations with respect to forms, and the Minister makes any other regulations.

Land Registration Reform Act

The Act is amended so that it states that Part I applies to the whole Province and the power to designate land under Part I is repealed. Part I has applied to the whole province since 1985, and this amendment repeals many redundant sections.

The authority to make regulations is amended so that the Minister can make orders dealing with fees. The Director of Land Registration can make regulations with respect to forms and the Minister makes any other regulations.

Land Titles Act

The time for an appeal to be initiated after a hearing is set at 30 days.

The process for section 128 cautions has been amended to provide that a caution expires 60 days after the date of registration, and the hearing process under section 129 is repealed. The Act will provide that the cautioner must serve notice of the registration of the caution on the registered owner of the land or charge. There will be a transition period for cautions in order to give sufficient notice to clients, and to provide for cautions which are already in existence. In addition a caution based upon an agreement of purchase and sale will be registered under section 71 with a provision that such a caution will expire 60 days after the date of closing. This will be not be set out in the Act but will be administered as any other section 71 notice is.

The provision for Certificates of Ownership/Charge has been repealed. as well as the requirement for land registry offices to supply a certificate of search.

The rate of interest, period of payment and balance due date will no longer be a mandatory requirement in order to register a charge.

All references in the Act to executors and administrators have been expanded to include estate trustees.

The Act is amended to repeal the powers of the Courts, the Director of Titles and land registrars to register an inhibiting order against land or a charge without notice.

A lease may be registered by registering the lease or a notarial copy of it, or a notice of the lease setting out the particulars of it. The Act is also amended to provide for the registration .of a notice of an amendment of a registered lease.

The Director of Titles and the land registrars are no longer required to have and use a seal of office.

The Bill contains provisions that will accommodate the joint writ project between MCCR and MAG by amending the Act to reflect the changes necessary to reflect the fact that the land registry office will have access to the Sheriff's writ database.

The authority to make regulations is amended so that the Minister can make orders dealing with fees and administrative issues.

The Director of Land Registration can make orders with respect to the hours of operation of a land titles office, and the procedures for converting land under section 32 of the Act.

The Director of Titles can specify the procedures for removing a qualification from title.

The Director of Land Registration can make regulations with respect to forms and the Minister makes any other regulations.

Registry Act

The Act has been amended to repeal the section which provides for a land registrar's abstract of title.

The requirement to produce the duplicate registered mortgage when registering a discharge of the mortgage is repealed.

All references in the Act to executors and administrators have been expanded to include estate trustees.

The Act is amended to allow the registration of a holograph will or a notarial copy thereof. Section 18 is also amended to allow for a notarial copy of a power of attorney to be registered. In addition the requirement to make a special notation on the abstract index that an instrument has been executed under power of attorney has been repealed. Notarial copies of certain documents, as specified by the Director of Land Registration, may now be deposited. The Mortgages Act was amended to provide that a notarial copy of the post office receipts in support of a power of sale may be accepted.

The section requiring that the Director of Land Registration and the land registrars have and use a seal of office has been repealed.

The regulation making powers were amended so that the Minister can make orders dealing with fees and administrative purposes.

The Director of Land Registration can make orders with respect to the hours of operation of a land registry office, and some other administrative procedures.

The Director of Land Registration can make regulations with respect to forms and the Minister makes any other regulations.

Land Titles/Registry Acts

The sections of the Acts which deal with the registration and numbering or receipt of documents have been amended to focus on the registration number, and not the time of registration for priority purposes. The Bill amends both the Registry and Land Titles Acts to reflect the fact that Part I of the Land Registration Reform Act applies to all of Ontario, and it amends various sections to replace the requirements for an affidavit with a requirement for a statement.

In accordance with the guidelines and direction from the Commission, both the Registry and Land Titles Act have been changed to provide that staff appointments and delegation of duties are not set out in the Acts. These provisions are administrative in nature, not legislative, and therefore the delegations in the Acts only include the Director of Land Registration, the Director of Titles, the Examiner of Surveys and Land Registrars. All other delegations are to be made by either the Director of Land Registration, the Director of Titles or by the Land Registrar.

Once passed by the legislature, all of these amendments will be introduced upon Royal Assent with the following exceptions:

  • Certificates of ownership and search and registrar's abstracts will be introduced 60 days after Royal Assent
  • The amendments concerning cautions will be introduced 180 days after Royal Assent.
  • The amendments to the sections regarding the numbering and registration of documents will be proclaimed.
  • The sections concerning writs of execution are to be proclaimed.

For your information, a copy of the portions of the Bill which affect our legislation is enclosed.

A bulletin will be forthcoming in the near future in preparation for the changes which will be made to the operations of the Branch. If you have any questions please contact Kate Murray at (416)314-4881 or Margaret Wiseman at (416)314-4885.

I would like to thank Janet Price, Lee Trevors, Margaret Wiseman and Kate Murray for their participation in this exercise. My thanks are also extended to Barbara LeVasseur and Nancy Sills of Legal Services for their assistance in putting the proposed bill together.

Visit ontario.ca/laws/statute/S00026for the Red Tape Reduction Act.

Original signed by:

Ian Veitch

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