Electronic Registration Procedures Guide - Teraview

1 Queen s Printer for Ontario, 2017 Electronic Registration Procedures Guide Ministry of Government and Consumer Services Queen s Printer for Ontario, 2017 COPYRIGHT INFORMATION Copyright 2017 by Queen s Printer for Ontario. All rights reserved. No part of this publication may be transmitted, transcribed, reproduced, stored in any retrieval system or translated into any language or computer language in any form or by any means, mechanical, Electronic , magnetic, optical, chemical, manual, or otherwise, without the prior written consent of the Queen s Printer for Ontario. Electronic Registration Procedures Guide Table of Contents Version 12 December 2017 i BACKGROUND .. 5 GENERAL REQUIREMENTS .. 6 Registration OF DOCUMENTS .. 29 TRANSFERS .. 33 TRANSFER .. 33 TRANSFER BY RELIGIOUS 36 TRANSFER BY PARTNERSHIP.

2 37 TRANSFER BY TRUSTEE IN BANKRUPTCY .. 39 WRITS .. 39 LAND TRANSFER TAX .. 43 TRANSACTIONS THAT INCLUDE VALUE OF THE CONSIDERATION .. 43 CHARGES .. 45 DEBENTURE/DEED OF TRUST AND MORTGAGE .. 45 FIXED AND FLOATING CHARGES .. 45 CHARGE .. 45 CHARGE BY RELIGIOUS ORGANIZATION .. 48 CHARGE BY PARTNERSHIP .. 48 NOTICE OF CHARGE OF LEASE .. 52 TRANSFER OF CHARGE .. 52 DISCHARGES .. 55 DISCHARGE OF CHARGE .. 55 EXCEPTIONS TO THE ABOVE .. 59 DISCHARGE OF AN 61 TRANSFER UNDER POWER OF SALE .. 63 DEBENTURE/DEED OF TRUST AND MORTGAGE .. 63 SALE BY CHARGEE UNDER A CHARGE OF LEASE .. 63 SALE BY CHARGEE UNDER A NOTICE OF CHARGE OF LEASE .. 63 POWER OF SALE UNDER COMMON EXPENSE LIEN CONDOMINIUM .. 64 TRANSFER UNDER POWER OF SALE .. 64 FORECLOSURE .. 73 APPLICATION FORECLOSURE ORDER .. 75 EASEMENTS .. 79 TRANSFER OF EASEMENT .. 82 RELEASE OF EASEMENT .. 86 TRANSFER, RELEASE AND ABANDONMENT .. 86 APPLICATION GENERAL - DELETION OF EASEMENT .. 89 APPLICATION TO CHANGE NAME.

3 92 APPLICATION TO CHANGE NAME .. 92 COURT ORDERS .. 96 COMMON COURT ORDERS .. 96 APPLICATION TO REGISTER COURT ORDER .. 97 APPLICATION TO AMEND BASED ON COURT ORDER .. 98 DELETION OF A COURT ORDER .. 99 Electronic Registration Procedures Guide Table of Contents Version 12 December 2017 ii APPLICATION FOR VESTING ORDER .. 99 APPLICATION FOR RESTRICTIONS BASED ON COURT ORDER .. 100 APPLICATION TO CONSOLIDATE PARCELS .. 103 APPLICATION CONSOLIDATION PARCELS .. 103 APPLICATION GENERAL .. 105 APPLICATION GENERAL .. 105 APPLICATION TO AMEND THE REGISTER .. 107 NOTICES .. 109 NOTICES .. 111 NOTICE OF VENDOR S LIEN .. 113 NOTICE OF CHANGE OF ADDRESS FOR SERVICE .. 115 LEASES .. 118 NOTICE OF LIFE LEASE .. 118 LEASE OR INTEREST IN A 118 NOTICE OF A LEASE OR AN INTEREST IN A LEASE .. 119 NOTICE OF ASSIGNMENT OF LESSEE'S INTEREST IN LEASE .. 120 NOTICE OF ASSIGNMENT OF LESSOR'S INTEREST IN LEASE.

4 121 NOTICE OF ASSIGNMENT OF RENTS - GENERAL .. 121 NOTICE OF ASSIGNMENT OF RENTS - SPECIFIC .. 122 NOTICE OF SUBLEASE .. 123 NOTICE CHARGE OF LEASE .. 123 NOTICE OF DETERMINATION .. 124 NOTICE OF DETERMINATION OF LEASE .. 124 SURRENDER OF LEASE .. 124 DELETION OF LEASE BY REGISTERED OWNER .. 125 NOTICE OF OIL AND GAS LEASE .. 125 APPLICATION FOR LEASEHOLD PARCEL .. 125 EXECUTIONS .. 127 INSTRUMENTS REQUIRING EXECUTION SEARCHES .. 127 EXECUTIONS .. 128 APPLICATION TO DELETE EXECUTIONS .. 130 POSTPONEMENT OF INTEREST .. 132 GOVERNMENT ORDER/BY-LAW .. 134 REQUIREMENTS FOR Electronic Registration .. 134 GOVERNMENT ORDER/BY-LAW .. 134 CONSTRUCTION LIEN .. 136 CERTIFICATES OF ACTION .. 136 SHELTERING .. 136 RULES FOR SHELTERING .. 137 DISCHARGE OF LIEN AND CERTIFICATE OF ACTION .. 137 RELEASE OF LIEN .. 137 DISCHARGE BY COURT ORDER .. 137 APPLICATION TO AMEND THE REGISTER .. 137 CONSTRUCTION LIEN .. 137 APPLICATION TO DELETE CONSTRUCTION LIEN .. 139 CERTIFICATE OF LIEN UNDER THE HOUSING DEVELOPMENT ACT.

5 142 Electronic Registration Procedures Guide Table of Contents Version 12 December 2017 iii REGISTERING A CERTIFICATE OF LIEN HOUSING DEVELOPMENT ACT .. 142 DISCHARGING A CERTIFICATE OF LIEN HOUSING DEVELOPMENT ACT .. 142 CERTIFICATE OF LIEN HOUSING DEVELOPMENT ACT .. 142 APPLICATION DELETE HOUSING DEVELOPMENT LIEN HOUSING DEVELOPMENT ACT .. 143 GENERAL LIENS AND CERTIFICATES .. 145 LIENS AND CERTIFICATES .. 145 RESTRICTIONS .. 147 ANNEXATION OF RESTRICTIVE COVENANTS TO LAND - ( section 119).. 147 BUILDING SCHEMES .. 147 RESTRICTIONS ON TRANSFERRING OR CHARGING LAND - ( section 118) .. 147 DISCHARGE OF RESTRICTION ( section 118) .. 149 DISCHARGE OR COMPLIANCE OF RESTRICTIVE COVENANTS .. 149 APPLICATION TO DELETE RESTRICTIONS .. 149 NOTICE OF COMPLIANCE .. 151 MODIFICATION OF RESTRICTIVE COVENANTS .. 151 CAUTIONS .. 152 CAUTIONS UNDER THE LAND titles act .

6 152 CAUTIONS UNDER THE LOCAL ROADS BOARDS ACT .. 152 CAUTIONS UNDER THE ESTATES ADMINISTRATION ACT .. 153 REQUIREMENTS OF Electronic Registration .. 153 CAUTION .. 153 CAUTION - AGREEMENT OF PURCHASE AND SALE .. 154 CAUTION LAND .. 154 CAUTION - NOTICE .. 155 CAUTION - CHARGE .. 155 WITHDRAWAL OF CAUTION .. 156 BANKRUPTCY .. 157 TRUSTEE IN BANKRUPTCY .. 157 WRITS OF EXECUTION .. 157 NOTICE OF DISCLAIMER .. 158 SUBSTITUTE TRUSTEE .. 158 TRUSTEE 158 APPLICATION TO REGISTER TRUSTEE IN BANKRUPTCY - OWNER .. 158 APPLICATION TO REGISTER TRUSTEE IN BANKRUPTCY - 158 CAUTION UNDER BANKRUPTCY AND INSOLVENCY ACT .. 160 PLANS .. 162 PLAN DOCUMENT 162 Electronic PLANS (E-PLANS) 163 APPLICATION - DEPOSIT PLAN 164 APPLICATION - REGISTER PLAN 166 INHIBITING ORDERS .. 171 APPLICATION FOR INHIBITING ORDER - LAND .. 171 APPLICATION FOR INHIBITING ORDER - CHARGE .. 172 APPLICATION TO DELETE INHIBITING ORDER.

7 173 ESTATES .. 175 VESTING REAL PROPERTY .. 175 VESTING PERSONAL PROPERTY .. 175 Electronic Registration Procedures Guide Table of Contents Version 12 December 2017 iv TESTACY REAL PROPERTY .. 175 WILLS .. 179 TESTACY PERSONAL PROPERTY .. 180 INTESTACY REAL PROPERTY .. 183 INTESTACY PERSONAL PROPERTY .. 184 POWER OF ATTORNEY .. 185 REQUIREMENTS FOR Electronic Registration .. 185 TRANSMISSION BY PERSONAL REPRESENTATIVE .. 185 TRANSMISSION BY DEVISEE/HEIR-AT-LAW .. 185 TRANSFER BY PERSONAL 185 TRANSFER BY DEVISEE/HEIR-AT-LAW .. 186 DEATH OF OWNER APPLICATIONS .. 186 TRANSMISSION BY PERSONAL REPRESENTATIVE - LAND .. 186 COMBINED SURVIVORSHIP/TRANSMISSION .. 188 TRANSMISSION BY PERSONAL REPRESENTATIVE - CHARGE .. 189 TRANSMISSION BY DEVISEE/HEIR-AT-LAW - LAND .. 190 CAUTIONS UNDER ESTATES ADMINISTRATION ACT .. 191 RENEWAL OF CAUTION- ESTATES ADMINISTRATION ACT.

8 191 TRANSFER BY PERSONAL 192 SURVIVORSHIP APPLICATION .. 196 SURVIVORSHIP APPLICATION LAND .. 196 SURVIVORSHIP APPLICATION CHARGE .. 196 SURVIVORSHIP APPLICATION .. 196 POWER OF ATTORNEY .. 200 POWER OF ATTORNEY .. 200 Registration OF POWER OF 200 REVOCATION OF POWER OF ATTORNEY .. 202 APPLICATION FOR ABSOLUTE title .. 206 LAND TITLES CONVERSION QUALIFIED title TO ABSOLUTE title .. 206 ABSOLUTE title APPLICATION DOCUMENTS .. 206 NOTICE OF APPLICATION FOR ABSOLUTE title .. 207 APPLICATION FOR ABSOLUTE title .. 208 CONDOMINIUM LIEN .. 210 NOTICE OF LIEN .. 210 PRIORITY OF COMMON EXPENSE LIEN .. 210 NOTICE TO BE SERVED .. 210 DISCHARGE OF CONDOMINIUM LIEN .. 210 CONDOMINIUM LIEN (CONDOMINIUM ACT 1998) .. 210 DISCHARGE OF CONDOMINIUM LIEN .. 212 DISCHARGE OF COMMON ELEMENTS CONDOMINIUM INTEREST .. 212 NOTICE OF CHANGE OF ADDRESS CONDOMINIUM .. 214 NOTICE OF CHANGE OF ADDRESS FOR SERVICE CONDO .. 214 CONDOMINIUM BY-LAW .. 216 CONDOMINIUM BY-LAW (CONDOMINIUM ACT 1998).

9 216 Electronic Registration Procedures Guide Background Version 12 December 2017 5 Background The Province of Ontario is the first in the world to provide a remote Electronic Registration system for land titles documents. Documents in an automated land titles system will be created, submitted, registered, filed and maintained in an Electronic environment, with limited exceptions. These activities are performed using the e-reg system, part of the Teraview gateway. Documents registered under the Registry Act will continue to be created and registered in paper form. Traditionally, clients have had their documents reviewed by staff at a Registration counter. This process has been effective in reducing errors prior to a document beginning the Registration process; it was also necessary because the land Registration system was based on a manual Registration and recording procedure.

10 Now, with the introduction of POLARIS (Province of Ontario Land Registration Information System), together with the automation of land titles records, and the conversion of registry records to an automated land titles system, document Registration has become a much more efficient process. With automated records, documents can now be created and registered electronically. The traditional check at the counter has been replaced by a check by the Electronic system which verifies much of the information contained in the Electronic document. The Electronic Registration system is being introduced throughout the Province, land Registration division by land Registration division. The system was tested in Middlesex County, where the land titles conversion process was also tested and introduced. As the system is introduced in subsequent divisions, there is a transition period in which registrants will be able to register title documents both electronically and in paper form.