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Last revised:
December 8, 2000

Memo to:

Regional Managers
Regional Surveyors
Land Registrars
Business Improvement Team

From:

Kate Murray
Director of Titles

Contents of the memo:

Bill 119, Red Tape Reduction Act, 2000 received Royal Assent on December 6th, 2000.

Amendments to the Boundaries Act, Certification of Titles Act, Land Registration Reform Act, Land Titles Act and the Registry Act were made in this Act. Administrative changes were made to all of the five Acts. These changes are to clarify the responsibilities of the Director of Land Registration and the Director of Titles. Basically these changes confirmed that anything relating to the operation of the land registry offices is the responsibility of the Director of Land Registration, whereas items which relate to registration and technical/legal issues are the responsibility of the Director of Titles. A copy of the applicable sections of the Bill will be forwarded to you in the next few days. Below is a summary of the amendments to the relevant acts.

Boundaries Act

  • Section 21- the Minister can prescribe the circumstances in which an application for confirmation of the location of boundaries may be treated as abandoned.

Certification of Titles Act

  • Where the Act refers to "Ontario Court (General Division)” it is substituted with “Superior Court of Justice”.

Land Registration Reform Act

  • Where the Act refers to "Ontario Court (General Division)” it is substituted with “Superior Court of Justice”.

Land Titles Act

  • Amends definition of "court" in section 1 to mean the "Superior Court of Justice”.
  • Amends sections 123, 124 and 125 to provide that evidence will be in the manner specified by the Director of Titles. This will permit us to now accept statements in lieu of evidence for estate type documents. A bulletin will be forthcoming.
  • Section 172 is amended to provide that the Director of Titles may withdraw land from land titles.

Registry Act

  • Section 18(6) is amended to allow for the registration of general conveyances and transfers of assets of a corporation to be registered in the general register.
  • Amends several sections of the Act by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".
  • Amends section 35 to remove the word affidavits of execution. The section has been amended by using the words "duly executed" in place of an affidavit of execution.
  • Section 53 is amended to provide that in addition to a statement by one of the subscribing witnesses, a statement by someone well acquainted with the testator attesting to the signature of the testator on the will is sufficient to prove the execution of the will. A notarial copy of the statements is acceptable.

These amendments are effective immediately.

You will note that there are amendments to the Condominium Act, 1998 included in the Bill. This Act has not yet been proclaimed and the changes will therefore not take effect until the date of proclamation.

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Ian Veitch
Title and Survey Services Staff
Legal Services