Ministry of Government Services Service Policy and Regulatory Services Branch Bulletin No. 2011-04 Boundaries Act, Condominium Act, 1998, Land Registration Reform Act, Land Titles Act, Registry Act Date: September 1, 2011 Migration of s from s A. OVERVIEW As part of the government s Open For Business initiative, all of the forms that are part of the regulations under the Boundaries Act, the Condominium Act, 1998, the Land Registration Reform Act, the Land Titles Act and the Registry Act have been moved to the Government of for better public access, or to the Ministry s internal knowledge management if they are for use by Ministry staff only. In the process of removing the forms, the Ministry also took steps to clarify and update some of its regulations. This Bulletin provides information relating to the relocation of the forms, and the amendments to the regulations. Although the forms have been removed from the regulations, they will continue to be used as before. The names of the forms have been revised to include a reference to the relevant section of the applicable regulation or statute, to ensure that the correct form is being used. The use of form numbers in the form title (e.g. 14) has been discontinued. In the process of separating the authority for forms from other matters dealt with under the regulations, three new regulations have been created under the Boundaries Act, Land Titles Act and Registry Act, to deal exclusively with forms. The Director of Titles has also issued orders specifying the revised names and new locations of forms. In addition, 992 under the Registry Act has been revoked and replaced with a Minister s Order, and a Minister s Order from the Minister of Consumer Services regarding some forms under the Condominium Act, 1998 has been issued. B. AMENDMENTS TO REGULATIONS There are no substantive changes to the land registration regulations, and there are no changes to registration procedures arising from the amendments. As forms were being moved to the Government of, other small changes were made to update and clarify the regulations. In order to accomplish this, a number of amending, revoking and new regulations were filed, pursuant to the different regulation-making authorities of the Lieutenant Governor in Council, Minister of Government Services and the Director of Titles under the statutes: Page 1 of 16
AMENDMENTS TO REGULATIONS UNDER THE BOUNDARIES ACT There were two amending regulations filed under 60, and one new regulation: O. Reg. 427/11 revoked both of the forms in the regulation, and revoked one subsection of the. O. Reg. 428/11 removed references to form numbers and included minor updates to the name of the appropriate court to reflect changes made in the court system, as the Court (General Division) is now known as the Superior Court of Justice. O. Reg. 426/11 is a new regulation for s under the Boundaries Act. AMENDMENTS TO REGULATIONS UNDER THE CONDOMINIUM ACT, 1998 There was one amending regulation filed under O. Reg. 48/01: O. Reg. 442/11 revoked all of the forms from the regulation and removed all references to form numbers. Other minor changes included updating the regulation to reflect the repeal of the Certification of Titles Act. There was one amending regulation filed under O. Reg. 49/01: O. Reg. 443/11 revoked all of the forms from the regulation and removed all references to form numbers. AMENDMENTS TO REGULATIONS UNDER THE LAND REGISTRATION REFORM ACT There was one regulation filed to amend 688: O. Reg. 441/11 revoked all of the forms from the regulation. There are no changes to these forms and they will still contain their form numbers, but will no longer be referred to in the regulation as 1, 2, 3, 4 and 5. They will be identified by the title of the form. There was one regulation filed to amend O. Reg. 18/99: O. Reg. 429/11 revoked the form from the regulation and removed reference to the form number. There were other updates to be consistent with amendments to regulation 688. Page 2 of 16
AMENDMENTS TO REGULATIONS UNDER THE LAND TITLES ACT There were two regulations filed to amend 690: O. Reg. 431/11 revoked all of the forms that remained in the regulation and revoked certain sections of the. O. Reg. 439/11 removed all references to form numbers and incorporated some of the provisions of O. Reg. 26/99 (see below). Minor changes included updating references to statutes as well as updating outdated references in the definition of registrable description, updating the name of the court to reflect changes made in the court system, as the Court (General Division) is now known as the Superior Court of Justice, and removing references to affidavits of executions as they are no longer required because of earlier amendments. There was one regulation filed to revoke 26/99: O. Reg. 440/11 revoked O. Reg. 26/99, under the Land Titles Act which set out the requirements for registering certain documents in non-electronic format and referred to the required forms which are found in other regulations; designated certain land titles divisions for registrations in French; and prescribed certain instruments and classes of persons involved in claims under the Land Titles Assurance Fund. The provisions of this regulation have been either incorporated into the new s regulation under the Land Titles Act or reinstated into 690. There was one new regulation filed: O. Reg. 430/11 is a new regulation for s under the Land Titles Act. It also revoked O. Reg. 27/99, which dealt with s. The provisions of O. Reg. 27/99 have been incorporated into the new s regulation. AMENDMENTS TO REGULATIONS UNDER THE REGISTRY ACT There was one regulation filed to revoke 21/99: O. Reg. 436/11 revoked O. Reg. 21/99 (which dealt with registration of instruments and deposit of documents in French). The provisions of O. Reg. 21/99 have been incorporated into 995 (see below). There were two regulations filed to amend 995: O. Reg. 432/11 revoked all of the forms that remained in the regulation plus revoked additional sections of the. Page 3 of 16
O. Reg. 437/11 removed all references to form numbers, and reinstated the provisions of revoked regulation O. Reg. 21/99 which dealt with registration of instruments and documents in French into 995. Certain sections of 995 were revoked and substituted with updated references to statutes and terms such as Statement of Good Faith instead of Affidavit of Good Faith. Section 48 of the regulation, which dealt with the statement required for a tax deed or notice of vesting under the Municipal Tax Sales Act was updated to be consistent with the current requirements under the Municipal Act, 2001. There were no substantive changes, only updates required to be consistent with current legislation. There were two regulations filed to amend O. Reg. 43/96: O. Reg. 433/11 revoked all of the forms in the regulation. O. Reg. 435/11 removed all references to form numbers and updated references to Statutes. There was one new regulation filed under the Registry Act: O. Reg 434/11 is a new regulation for s under the Registry Act. This regulation also revoked 22/99 which dealt with forms. The sole provision of O. Reg 22/99 was incorporated into this new s regulation. There was one regulation filed under the Registry Act to revoke 992: O. Reg 438/11 revoked 992 because it was superseded by a Minister s Order which incorporated the provisions of 992. These provisions provide instruction for land registrars on the process for recording interests in Canada Lands, more specifically national parks and Indian reserves. There were updates made to outdated Registry Divisions. C. MIGRATION OF FORMS All external forms are now available on the Government of Land Registration Information (www.serviceontario.ca/landregistration). The forms are under the heading s. They are organized by statute. Appendix A is a list of all of the current forms referenced in the various statutes with reference to their former form number, the revised name, the location of the form and the regulation to which they were appended. There will be a reference on the to the former number of the form (e.g. ly 33 under Reg. 995). Appendix B is a list of forms that have been removed as they are no longer required by their respective statutes. Page 4 of 16
Appendix C is a list of other forms that have been revoked from the regulations as they have been deemed to be administrative in nature, and are required for internal use only, by Ministry Staff. These forms are now posted on the Ministry s internal knowledge management. Some forms have been updated to reflect the current applicable section of the Act or regulation however, there have been no substantive changes made to the forms. A form that includes reference to the former form number and/or does not include the revised name is still acceptable for registration or deposit. D. SUMMARY The Ministry is committed to maintaining the most up-to-date and accessible land registration system possible, and will continue to monitor its legislation, regulations and forms for any further updates that are required. Katherine M. Murray Director of Titles Page 5 of 16
Appendix A List of s with Reference to Their and the to which they were appended Boundaries Act (ly under R.R.O. 1990, Reg. 60 and now under s regulation O. Reg 426/11) Condominium Act, 1998 O. Reg. 48/01 1 Application For Boundary Confirmation (Boundaries Act) or Demande de confirmation de l emplacement des limites (Loi sur le bornage) 2 Certificate Correction (Boundaries Act) or Certificat de correction (Loi sur le bornage) 1 Consent (Schedule B to Declaration) (Under Clause 7 (2) (b) of the Condominium Act, 1998) 2 Certificate of Architect or Engineer (Schedule G to Declaration for a Standard or Leasehold Condominium Corporation) (Under Clauses 5 (8) (a) and (b) of O. Reg. 48/01 or Clause 8 (1) (e) or (h) of the Condominium Act, 1998) 3 Schedule of Appurtenant and Servient Interests (Under Clauses 8 (1) (g) and (h) of the Condominium Act, 1998 or Clauses 157 (1) (d) and (e) of the Act, in the case of a Vacant Land Condominium Corporation) 4 Certificate of Registration (Under Clause 11 (1) (a) of 49/01 of the Condominium Act, 1998) 5 Surveyor s Certificate (Under Clause 11 (1) (c) of 49/01 of the Condominium Act, 1998) 6 Certificate of Declarant or of Amalgamating Corporations (Under Clause 11 (1) (e) or (f) or Subsection 21 (2) of 49/01 of the Condominium Act, 1998) 7 Surveyor s Certificate Exclusive Use Common Elements (Under Clause 11 (3) (b) of 49/01 of the Condominium Act, 1998) 8 Proxy for General Matters (Under Subsection 52 (6) of the Condominium Act, 1998) 9 Proxy for General Matters and for the Election of Directors (Under Subsection 52 (6) of the Condominium Act, 1998) Internal Page 6 of 16
10 Proxy for General Matters and for the Removal of Directors and Election of Substitutes (Under Subsection 33 (2) of the Condominium Act, 1998) 11 Certificate In Respect of a By-Law (Under Subsection 38 (1) of 49/01 and Subsection 56 (9) of the Condominium Act, 1998) 12 Disclosure Statement, Table of Contents (Under Subsection 72 (4) of the Condominium Act, 1998) 13 Status Certificate (Under Subsection 76 (1) of the Condominium Act, 1998) 14 Notice of Lien to Owner (Under Subsection 85 (4) of the Condominium Act, 1998) 15 Notice of Future Funding of the Reserve Fund (Under Subsection 94 (9) of the Condominium Act, 1998) 16 Consent to Attachment of a Common Interest (Schedule B to Declaration for a Common Elements Condominium Corporation) (Under Subsection 40 (3) of 48/01 and under Clause 140 (c) of the Condominium Act, 1998) 17 Certificate of Architect or Engineer (Schedule G to Declaration for a Common Elements or Vacant Land Condominium Corporation) (Under Subsections 40 (11) and 56 (7) of 48/01 and under Clauses 8 (1) (e) and (h) or Clauses 157 (1) (c) and (e) of the Condominium Act, 1998) 18 Consent and Postponement (Amendment to Schedule B to Declaration of A Phased Condominium Corporation to Create a Phase) (Under Clause 52 (2) (f) of 48/01 and Clause 146 (4) (a) of the Condominium Act, 1998) 19 Amendment to Declaration and Description to Create a Phase (Subsection 146 (3) of the Condominium Act, 1998) 20 Certificate of Registration of Amendment to Declaration And Description Creating A Phase (Under Clause 54 (3) of 48/01 of the Condominium Act, 1998) 21 Amendment to Description for a Vacant Land Condominium Corporation (Under Clause 158 (3) (b) of the Condominium Act, 1998) 22 Amendment to Declaration for a Leasehold Condominium Corporation (Under Subsection 174 (8) of the Condominium Act, 1998) Page 7 of 16
Condominium Act, 1998 O. Reg. 49/01 23 Notice of Intention to Renew the Leasehold Interests in a Leasehold Condominium Corporation (Under Clause 174 (1) (a) of the Condominium Act, 1998) 24 Notice of Intention Not To Renew the Leasehold Interests in a Leasehold Condominium Corporation (Under Clause 174 (1) (b) of the Condominium Act, 1998) 25 Notice of Deemed Renewal of Leasehold Interests in a Leasehold Condominium Corporation (Under Subsection 174 (4) of the Condominium Act, 1998) 26 Notice of Non-Renewal of Leasehold Interests in a Leasehold Condominium Corporation (Under Subsection 174 (6) of the Condominium Act, 1998) 1 Amendment to Declaration or Description (Under Section 107 of the Condominium Act, 1998) 2 Notice of Change of Address (Under Section 108 of the Condominium Act, 1998) 3 Proof of Enrolment in the New Home Warranties Plan (Subclause 43 (5) (f) (i) of the Condominium Act, 1998) 4 Evidence of Compliance (Subsection 81 (6) of the Condominium Act, 1998) 5 Summary of Lease or Renewal (Clause 83 (1) (b) of the Condominium Act, 1998) 6 Certificate of Lien (Under Subsection 85 (2) of the Condominium Act, 1998) 7 Discharge of Certificate of Lien (Under Subsection 85 (7) of the Condominium Act, 1998) 8 Status Certificate in Amalgamation (Under Clause 120 (3) (c) of the Condominium Act, 1998) 9 Certificate of Owner in the Matter of a Common Elements Condominium Corporation (Schedule I to Declaration) (Under Clause 139 (1) (b) of the Condominium Act, 1998) 10 Notice of Attachment of a Common Interest in a Common Elements Condominium Corporation (Schedule J to Declaration) (Under Clause 139 (2) (b) of the Condominium Act, 1998) Page 8 of 16
Land Registration Reform Act O. Reg. 18/99 11 Notice of Renewal of the Leasehold Interests in a Leasehold Condominium Corporation (Under Subsection 174 (7) of the Condominium Act, 1998) 12 Notice of Non-Renewal of the Leasehold Interests in a Leasehold Condominium Corporation (Under Subsection 174 (7) of the Condominium Act, 1998) 13 Notice of Termination (Under Subsection 122 (2) of the Condominium Act, 1998) 14 Notice of Termination (Under Subsection 123 (8) of the Condominium Act, 1998) 15 Certificate in the Matter of a Sale (Under Subsection 124 (3) of the Condominium Act, 1998) 1 Set of Standard Charge Terms or Liste de clauses types de charge Land Registration Reform Act R.R.O. 1990, Reg. 688 Land Titles Act (ly under R.R.O. 1990, Reg. 690, and now under s O. Reg 430/11) 1 Transfer/Deed of Land, Acte de cession or Transfer/Deed of Land / Acte de cession 2 Charge/Mortgage of Land, Acte de charge (hypothèque) or Charge/Mortgage of Land / Acte de charge (hypothèque) 3 Discharge of Charge/Mortgage, Mainlevée de charge (hypothèque) or Discharge of Charge/Mortgage / Mainlevée de charge (hypothèque) 4 Document General, Document général or Document General / Document général 5 Schedule, Annexe or Schedule / Annexe 1 Application for First Registration (Land Titles Act) 2 Notice of Application for First Registration (Land Titles Act) 3 Consent and Waiver of Notice (Application for First Registration) (under Clause 3 (4) (b) of Reg. 690 of the Land Titles Act) Page 9 of 16
4 Affidavit of Applicant (Application for First Registration) (under Clause 6 (2) (b) of Reg. 690 of the Land Titles Act) 5 Certificate of Solicitor (Application for First Registration) (Title to Subject Land) (under Clause 6 (2) (p) of Reg. 690 of the Land Titles Act) 6 Certificate of Surveyor (Application for First Registration) (under Clause 6 (2) (q) of Reg. 690 of the Land Titles Act) 7 Certificate of Solicitor (Application for First Registration, Service of Notice of Application) (under Clause 6 (2) (r) of Reg. 690 of the Land Titles Act) 8 Certificate of First Registration as Owner (Under Clause 6 (2) (x) of Reg. 690 under the Land Titles Act) 9 Application for Caution Against First Registration (Under Subsection 43 (1) of the Land Titles Act) 10 Notice of Hearing (Under Subsection 43 (4) of the Land Titles Act) 11 Withdrawal of Caution Against First Registration (Land Titles Act) 12 Notice of Discontinuance of Application for First Registration (Under Subsection 10 (4) of Reg. 690 of the Land Titles Act) 13 Certificate of Solicitor (Application for First Registration, Appeals from Hearing of Objections) (Under Clause 11 (2) (a) of Reg. 690 of the Land Titles Act) 15 Application to Amend Register (Under Subsection 69 (1) or Section 75 of the Land Titles Act) 16 Application to Register Notice of an Unregistered Estate, Right, Interest or Equity (Under Section 71 of the Land Titles Act) 18 Application to Register Judgment or Order (Under Section 17 of Reg. 690 of the Land Titles Act) 25 Transfer of Charge (Under Section 101 of the Land Titles Act) 26 Postponement of Charge or Other Rights (Under Subsection 78 (6) of the Land Titles Act) Page 10 of 16
28 Application By Owner of Land for Cessation of Charge (Under Subsection 102 (1) of the Land Titles Act) 30 Transfer of Land Under Power of Sale (Under Section 99 of the Land Titles Act) 31 Application for Registration of Notice of Lease or Notice of Agreement for a Lease (Under Subsection 111 (1) of the Land Titles Act) 32 Application for Registration of a Notice of an Interest in a Lease (Under Subsection 111 (6) of the Land Titles Act) 33 Application to Register Caution (Under Subsections 128 (1) and (2) of the Land Titles Act) 34 Affidavit in Support of Application for a Caution or for an Inhibiting Order (Under Sections 23, 43 and 131 of the Land Titles Act) 37 Withdrawal of Caution (Under Subsection 129 (7) of the Land Titles Act) 40 Transmission Application (For Registration of Executor or Administrator as Owner) (Under Sections 120, 121, 122 or 127 of the Land Titles Act) 41 Transmission Application (For Registration of Devisee or Heir at Law as Owner) (Under Sections 120, 122 or 127 of the Land Titles Act) 42 Survivorship Application (Under Section 123 of the Land Titles Act) 43 Affidavit in Support of Survivorship Application (Under Section 123 of the Land Titles Act) 44 Application for Inhibiting Order (Under Section 23 of the Land Titles Act) 45 Application by Municipality for Inhibiting Order (Under Subsection 38 (2) of Reg. 690 and Section 23 of the Land Titles Act) 46 Application to Register Condition, Restriction or Covenant (Under Section 118 or 119 of the Land Titles Act) 48 Application to Withdraw Land from the Land Titles Act (Under Subsection 171 (1) of the Land Titles Act) Page 11 of 16
Registry Act (ly under R.R.O. 1990, Reg. 992, and now under Page 12 of 16 50 Certificate of Withdrawal (Under Subsection 171 (2) of the Land Titles Act) 51 Application for Leasehold Parcel (under Subsection 38 (6) of the Land Titles Act) 52 Notice of Change of Address for Service (Under Land Titles Act) 53 Bond to Indemnify the Land Titles Assurance Fund (Under Section 55 of the Land Titles Act) 54 Covenant to Indemnify the Land Titles Assurance Fund (Under Section 55 of the Land Titles Act) 55 Application for Payment of Compensation out of the Land Titles Assurance Fund (Under Subsection 57 (6) of the Land Titles Act) 56 Affidavit in Support of Application for Payment of Compensation (Under Subsection 57 (6) of the Land Titles Act) 57 Notice of Determination of Liability of the Land Titles Assurance Fund (Under Subsection 57 (8) of the Land Titles Act) 58 Certificate of Amount Payable out of the Land Titles Assurance Fund (Under Subsection 57 (11) of the Land Titles Act) 59 Acknowledgment and Release (Under Subsection 64.1 (3) of Reg. 690 of Land Titles Act) 60 Application for Financial Assistance from the Land Titles Assurance Fund (Under Subsection 56 (1) of the Land Titles Act) 61 Direction of the Director of Titles (Under Subsection Internal Internal Internal 56 (2) of the Land Titles Act) 1 Canada Lands Index (under Registry Act) Internal 2 Index to Canada Lands Index (under Registry Act) Internal Minister s Order) 3 Certificate of Recording (under Registry Act) Registry Act (ly under R.R.O. 1990, Reg. 995, and now under s O. Reg 434/11) 10 Notice of Lease, Agreement to Lease, Option to Lease or Interest Under Lease (Under Subsection 22 (7) of the Registry Act)
11 Notice of Lease of Chattels that have Become, or may Become, Fixtures (Registry Act) 12 Notice of an Agreement of Purchase and Sale, Option to Purchase or Assignment Thereof (Under Subsection 22 (8) of the Registry Act) Registry Act (ly under O. Reg 43/96, and now under s O. Reg 434/11) Page 13 of 16 13 Renewal Notice of an Agreement of Purchase and Sale, Option to Purchase or Assignment Thereof (Under Subsection 22 (10) of the Registry Act) 14 Statement of Good Faith (Under Subsection 22 (11) of the Registry Act) 15 Statement (Under Subsection 25 (4) of the Registry Act) 18 Certificate of a Judge (Under Subsection 35 (2) or under Subsection 46 (1.1) of the Registry Act) 21 Certificate of a Judge (Under Subsection 47 (3) of the Registry Act) 28 Statement Where Instrument Does Not Conform to Plan (Under Subsection 86 (1) of the Registry Act) 31 Certificate of Deposit (Under Subsection 108 (2) of the Registry Act) 32 Notice of Claim (Under Subsection 113 (2) of the Registry Act) 33 Statement in Support of Notice of Claim (Under Subsection 113 (2) of the Registry Act) 1 Surveyor s Certificate (Subsection 9 (2) or Clause 16 (1) (i) of O. Reg. 43/96 made under the Registry Act or Clause 19 (5) (a) of that with respect to parts that are surveyed) 2 Plan Schedule (Clause 20 (1) (e) or Subsection 20 (3), 35 (1) or 41 (1) of O. Reg. 43/96 made under the Registry Act) 3 Examiner s Approval (Under Section 12 of O. Reg 43/96 of the Registry Act) 4 Certificate of Registration (Section 13, Clause 16 (1) (j) or Subsections 27 (3), 36 (2) or 43 (1) of O. Reg. 43/96 under the Registry Act) Internal
5 Surveyor s Certificate (Clause 16 (1) (h) of O. Reg. 43/96 under the Registry Act) 6 Reference Plan Receipt (Subclause 16 (1) (k) (i) or Clause 20 (1) (c) or 21 (5) (a) of O. Reg. 43/96 under the Registry Act) 7 Requisition for Deposit of a Reference Plan (Subclause 16 (1) (k) (ii) or Clause 20 (1) (d) of O. Reg. 43/96 under the Registry Act) 8 Surveyor s Certificate (Subsection 19 (4) of O. Reg. 43/96 made under the Registry Act or Clause 19 (5) (a) of that with Respect to Parts that are Compiled under the Registry Act) 9 Owner s Certificate Plan of Subdivision (Clause 24 (a) of O. Reg. 43/96 under the Registry Act) 10 Comprising Note (Clause 24 (b) of O. Reg. 43/96 under the Registry Act) 11 Plan Document (Clause 25 (1) (a) of O. Reg. 43/96 under the Registry Act) 12 Consent of Chargee or Mortgagee (Clause 25 (1) (b) of O. Reg. 43/96 under the Registry Act) 13 Certificate of Clerk and Head of Municipality (Subsection 42 (5) of O. Reg. 43/96 under the Registry Act) 14 Application to Correct a Plan (Subsection 49 (3) of O. Reg. 43/96 under the Registry Act) 15 Certificate of Correction (Subsection 49 (10) of O. Reg. 43/96 under the Registry Act) Page 14 of 16
Appendix B The following forms have been removed as they are no longer required by their respective Statutes: R.R.O. 1990, REGULATION 690 under the Land Titles Act: 14 Notice to Sheriff 35 Application to Renew Caution 36 Affidavit in Support of Application to Renew Caution 38 Application for Notice to be Served on Cautioner 39 Notice of Hearing 49 Order of Land Registrar R.R.O. 1990, REGULATION 995 under the Registry Act 34 Ministry of Natural Resources (To be Completed in Certain Municipalities) form superseded by the current requirements of O. Reg. 181/03 under the Municipal Act, 2001 Page 15 of 16
Appendix C The following forms were revoked from the regulations and even though they are no longer required by their respective regulations, they are still in use by Ministry Staff and may be found on the Ministry s internal knowledge management : R.R.O. 1990, REGULATION 690 under the Land Titles Act: 22 Certificate of Receipt R.R.O. 1990, REGULATION 995 under the Registry Act 1 Appointment of Assistant Deputy Land Registrar 5 Certificate 6 General Register Index Under Subsection 18 (8) of the Act 7 By-Law Index Under Subsection 18 (1) of the Act 8 Alphabetical Index of Wills, Probates, Etc., Under Subsection 18 (9) of the Act 23 Certificate of Registration Page 16 of 16