O. Reg. 430/11: FORMS

 

Land Titles Act
Loi sur l’enregistrement des droits immobiliers

ONTARIO REGULATION 430/11

FORMS

Consolidation Period: From December 18, 2013 to the e-Laws currency date.

Last amendment: 355/13.

Legislative History: 355/13.

This Regulation is made in English only.

Definitions

Definitions

1. In this Regulation,

“charge” means a charge of freehold or leasehold land;

“electronic format” means an electronic format within the meaning of section 17 of the Land Registration Reform Act;

“non-electronic format” means a format that is not an electronic format within the meaning of section 17 of the Land Registration Reform Act and includes a written form;

“transfer” means a transfer of freehold or leasehold land.  O. Reg. 430/11, s. 1.

First Registration

Application for first registration

2. (1) In this section,

“application” means an application for the first registration of freehold or leasehold land under section 30, 38 or 39 of the Act.  O. Reg. 430/11, s. 2 (1).

(2) An application shall be in the form entitled “Application for First Registration” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 2 (2).

(3) A notice of an application shall be in the form entitled “Notice of Application for First Registration” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 2 (3).

(4) A consent to an application that is required by clause 3 (4) (b) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 2 (4).

(5) An application under subsection 38 (6) of the Act shall be in the form entitled “Application for Leasehold Parcel” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 2 (5).

(6) The affidavit required by clause 6 (2) (b) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form entitled “Affidavit of Applicant (Application for First Registration)” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 2 (6).

(7) The certificate of the applicant’s solicitor required by clause 6 (2) (p) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form entitled “Certificate of Solicitor (Application for First Registration)” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 2 (7).

(8) The certificate of the Ontario Land Surveyor required by clause 6 (2) (q) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form entitled “Certificate of Surveyor (Application for First Registration)” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 2 (8).

(9) The certificate of the applicant’s solicitor required by clause 6 (2) (r) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form entitled “Certificate of Solicitor (Application for First Registration, Service of Notice of Application)” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 2 (9).

(10) The proof of service required by subclause 6 (2) (s) (i) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act with respect to a notice of application shall be in a form approved by the land registrar.  O. Reg. 430/11, s. 2 (10).

(11) The certificate of registration as owner required by clause 6 (2) (x) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 2 (11).

Objections to first registration

3. (1) An application for the registration of a caution against first registration under subsection 43 (1) of the Act that is submitted for registration in a non-electronic format shall be in the form entitled “Application for Caution Against First Registration” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 3 (1).

(2) An affidavit that is required by subsection 5 (1) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act and that sets out the supporting evidence for an application for the registration of a caution against first registration as described in that subsection shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 3 (2).

(3) A withdrawal of a caution against first registration that is submitted for registration in a non-electronic format shall be in the form entitled “Withdrawal of Caution Against First Registration” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 3 (3).

(4) A notice to be served on a cautioner under subsection 43 (4) of the Act shall be in the form entitled “Notice of Hearing” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 3 (4).

Decision on application for first registration

4. (1) A bond or a covenant to indemnify the assurance fund that is required by subsection 7 (1) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 4 (1).

(2) The notice of hearing required by subsection 8 (3) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 4 (2).

(3) A notice of discontinuance described in subsection 10 (4) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 4 (3).

(4) The certificate of the applicant’s solicitor that is required by clause 11 (2) (a) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act shall be in the form entitled “Certificate of Solicitor (Application for First Registration, Appeals from Hearing of Objections)” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 4 (4).

Dealings After First Registration

Application to amend the register

5. An application to amend the register under subsection 69 (1) or section 75 of the Act or under any other section of the Act under which no form is prescribed that is submitted for registration in a non-electronic format shall be in the form entitled “Application to Amend Register” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 5.

Notice of agreement

6. An application to register a notice under section 71 of the Act that is submitted for registration in a non-electronic format shall be in a form that the Director of Titles specifies.  O. Reg. 430/11, s. 6.

Registration of judgments and orders

7. An application required by subsection 17 (1) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act to register a judgment or order described in that subsection shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 7.

Charges

8. (1) A transfer of charge under subsection 101 (1) or (6) of the Act that is submitted for registration in a non-electronic format shall be in the form entitled “Transfer of Charge” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 8 (1).

(2) A postponement under subsection 78 (6) of the Act that is submitted for registration in a non-electronic format shall be in the form entitled “Postponement of Charge or Other Rights” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 8 (2).

(3) If the registered owner of the land submits an application to register in a non-electronic format a cessation of a registered charge under subsection 102 (1) of the Act, the application shall be in the form entitled “Application by Owner of Land for Cessation of Charge” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 8 (3).

(4) Subject to section 82 of the Act, a discharge to which subsection 103 (1) of the Act applies shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 8 (4).

Transfer under power of sale

9. (1) A transfer of land by a chargee under section 99 of the Act that is submitted for registration in a non-electronic format shall be in the form entitled “Transfer of Land under Power of Sale” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 9 (1).

(2) The evidence required by the Director of Titles under subsection 99 (1) of the Act shall be attached to the original transfer.  O. Reg. 430/11, s. 9 (2).

(3) This section applies with necessary modifications to,

(a) a sale under a mortgage that was entered on the register on the first registration of the land; and

(b) a charge in the form of a debenture or similar instrument.  O. Reg. 430/11, s. 9 (3).

Notice of lease

10. The following documents shall be in the form that the Director of Titles specifies:

1. An application for a notice of a lease or for a notice of an agreement for a lease that is submitted for registration in a non-electronic format under subsection 111 (1) of the Act.

2. A notice of an interest in a lease under subsection 111 (6) of the Act that is submitted for registration in a non-electronic format.  O. Reg. 430/11, s. 10.

Conditions, restrictions and covenants

11. An application under section 118 or 119 of the Act to impose on or annex to land a condition, restriction or covenant that is submitted for registration in a non-electronic format shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 11.

Death of registered owner

12. (1) A transmission application under section 120, 121, 122 or 127 of the Act that is submitted for registration in a non-electronic format shall be in,

(a) the form entitled “Transmission Application (For Registration of Executor or Administrator as Owner)” and dated September 1, 2011, as it appears on the Government of Ontario website, if made by an executor, administrator or estate trustee; or

(b) the form entitled “Transmission Application (For Registration of Devisee or Heir at Law as Owner)” and dated September 1, 2011, as it appears on the Government of Ontario website, if made by a devisee or heir at law.  O. Reg. 430/11, s. 12 (1).

(2) A survivorship application under section 123 of the Act that is submitted for registration in a non-electronic format shall be in the form entitled “Survivorship Application” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 12 (2).

(3) An affidavit required by section 37 of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act that sets out the supporting evidence for a survivorship application described in that section shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 12 (3).

Caution

13. (1) An application to register a caution that is submitted for registration under subsection 128 (1) or (2) of the Act in a non-electronic format shall be in the form entitled “Application to Register Caution” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 13 (1).

(2) A withdrawal of a caution that is submitted for registration under subsection 129 (7) of the Act in a non-electronic format shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 13 (2).

Inhibiting order

14. (1) An application to the Director of Titles or to the land registrar for an inhibiting order under section 23 of the Act that is submitted for registration in a non-electronic format shall be in the form that the Director of Titles or the land registrar, as the case may be, requires. O. Reg. 355/13, s. 1.

(2) An application that is described in subsection 38 (2) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act and that is submitted for registration in a non-electronic format shall be in the form entitled “Application by Municipality for Inhibiting Order” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 14 (2).

Withdrawal of registered land

15. (1) An application for the withdrawal of land under subsection 171 (1) of the Act shall be in the form entitled “Application to Withdraw Land from the Land Titles Act” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 15 (1).

(2) A certificate of withdrawal under subsection 171 (2) of the Act shall be in the form entitled “Certificate of Withdrawal” and dated September 1, 2011, as it appears on the Government of Ontario website, if the subject land is not situated in a land titles division where documents may be submitted for registration in an electronic format.  O. Reg. 430/11, s. 15 (2).

Notice of change of address for service

16. A notice of a change of address for service that is submitted for registration in non-electronic format shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 16.

Land Titles Assurance Fund

Application for compensation

17. (1) A bond or a covenant to indemnify The Land Titles Assurance Fund under section 55 of the Act shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 17 (1).

(2) An application under subsection 57 (6) of the Act for payment of compensation out of The Land Titles Assurance Fund shall be in the form that the Director of Titles specifies.  O. Reg. 430/11, s. 17 (2).

(3) The affidavit of the applicant that accompanies the application shall be in the form entitled “Affidavit in Support of Application for Payment of Compensation” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 430/11, s. 17 (3).

(4) The following shall be in the form that the Director of Titles specifies:

1. A notice of determination by the Director of Titles under subsection 57 (8) of the Act.

2. A certificate of the Director of Titles under subsection 57 (11) of the Act.

3. An acknowledgement and release of the applicant described in subsection 64.1 (3) of Regulation 690 of the Revised Regulations of Ontario, 1990 (Procedures and Records) made under the Act.  O. Reg. 430/11, s. 17 (4).

Financial assistance for surveys

18. The following shall be in the form that the Director of Titles specifies:

1. An application for financial assistance out of The Land Titles Assurance Fund under subsection 56 (1) of the Act.

2. A direction of the Director of Titles under subsection 56 (2) of the Act.  O. Reg. 430/11, s. 18.

19. Omitted (revokes other Regulations).  O. Reg. 430/11, s. 19.

20. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 430/11, s. 20.