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Last revised:
July 25, 2003

Memo to:

Land Registrars

From:

Kate Murray
Director of Titles

Contents of the memo:

Effective December 31, 2002, the corridor land assets of Hydro One Networks Inc. were transferred to Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet by an amendment of the Electricity Act, 1998. Section 114 of the Act provides for notice of the transfer to be given in written statements contained in subsequent registered documents and that these statements are conclusive evidence of the facts stated. The purpose of this memo is to set out the method of reflecting the transfer of Corridor Lands from a Hydro entity to Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet on Land Titles records and on future Registry Division documents.

Land Titles Division Corridor Land

Recognition of the new ownership of the Land Titles Corridor Land will be made through the registration of an application to amend the register under Section 69 of the Land Titles Act. This document will be executed by Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet.

In the manual system, the application to amend the register should be set out on a Document General. A schedule setting out the standard recitals in Bulletin 99006 and additional recitals per Section 114 of the Electricity Act, 1998, as shown on the attached precedents, should be attached. The application to amend the register will place ownership of the specified corridor land into the name of Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet. Once the application has been registered, any further transfers of the Corridor Land by Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet to another party can then take place in a separate document without the additional supporting statements contained in the attachments.

In those offices where electronic registration is mandatory, the request should be registered by way of an Application General modified as an application to amend the register under Section 69 of the Land Titles Act. This request should have the same recitals as in the paper document. A sample electronic document is attached.

Registry Division Corridor Land

For Corridor Land in a Registry Division all recitals regarding the transfer of corridor land to Her Majesty the Queen in right of Ontario can be included in an attached schedule on the next registration document involving the Corridor Land. A sample Registry transfer document is attached.

Descriptions

The descriptions contained in both Registry and Land Titles documents should comply with the current regulations. Often they will be the same descriptions used in a previous registration involving the Corridor Land parcel. Some updates to the existing description to reflect the current municipality, a geographical change or the assignment of a PIN may be required.

This transfer of corridor land project is required to be completed by March of 2004. As there may be instances where the description provided does not comply entirely with current regulations, it may be necessary to accept an undertaking to provide a reference plan. Land Registrars are also encouraged to exercise their discretion in arriving at the most cost effective method of achieving a description that can be recorded correctly and provide a reasonably accurate description of the interest to be conveyed. The Regional Surveyor should be consulted as to what would be appropriate in the circumstances.

Original signed by:

Kate Murray

Copied:

Regional Managers
John Dalgliesh, Director, Real Property Registration Branch
Doug Aron
Regional Surveyors
TSSO staff

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Contact the Director of Titles for accessible versions of additional PDF attachments.