Download 64 KB

Last revised:
May 25, 1999

Memo to:

Land Registrars
Electronic Registration Team
Regional Surveyors

From:

Kate Murray
Director of Titles

Contents of the memo:

Over the last few months my office has received several questions regarding registrations of orders appointing guardians under the Substitute Decisions Act and subsequent registrations dealing with property. This memo is to clarify some of the issues that have been raised.

  • If an order appointing a guardian of property under the Substitute Decisions Act is registered, no further order is required.
  • A notarial copy of such an order appointing a guardian is acceptable for registration.
  • If the Public Guardian and Trustee executes a document, no proof of their authority is required.
  • Restrictions under section 118 of the Land Titles Act are acceptable for registration if the applicant is legally entitled to act on behalf of the registered owner, e.g., by a power of attorney; by an appointed statutory guardian, etc.
  • Where an estate trustee is appointed by the Court, any section 118 restrictions should be deleted upon registration of a transfer by the estate trustee.
  • If the guardian is someone other than the Public Guardian and Trustee and is transferring the property, a statement from them or their solicitor that the transfer conforms to the management plan is sufficient for registration purposes under the Land Titles Act.

This addresses most of the issues that have been raised and this information should assist you in dealing with documents registered pursuant to the Substitute Decisions Act. A bulletin will be circulated in the near future. If you have any questions, please call Margaret Wiseman at 314-4885.

Original signed by:

K. Murray

Copied:

Ian Veitch
Regional Managers
Head Office Staff
Legal Services
Eric Black, Teranet Land Information Services