Electronic Registration Procedures Guide - Teraview

1 Queen s Printer for Ontario, 2016 Electronic Registration Procedures Guide Ministry of Government and Consumer Services Queen s Printer for Ontario, 2016 COPYRIGHT INFORMATION Copyright 2016 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 11 January 2016 i BACKGROUND .. 5 GENERAL REQUIREMENTS .. 6 Registration OF DOCUMENTS .. 28 TRANSFERS.

2 32 TRANSFER .. 32 TRANSFER BY RELIGIOUS 35 TRANSFER BY PARTNERSHIP .. 36 TRANSFER BY TRUSTEE IN BANKRUPTCY .. 38 WRITS .. 38 LAND TRANSFER TAX .. 42 TRANSACTIONS THAT INCLUDE VALUE OF THE CONSIDERATION .. 42 CHARGES .. 44 DEBENTURE/DEED OF TRUST AND MORTGAGE .. 44 FIXED AND FLOATING CHARGES .. 44 CHARGE .. 44 CHARGE BY RELIGIOUS ORGANIZATION .. 47 CHARGE BY PARTNERSHIP .. 47 NOTICE OF CHARGE OF LEASE .. 51 TRANSFER OF CHARGE .. 51 DISCHARGES .. 54 DISCHARGE OF CHARGE .. 54 EXCEPTIONS TO THE ABOVE .. 58 DISCHARGE OF AN 58 TRANSFER UNDER POWER OF SALE .. 61 DEBENTURE/DEED OF TRUST AND MORTGAGE .. 61 SALE BY CHARGEE UNDER A CHARGE OF LEASE .. 61 SALE BY CHARGEE UNDER A NOTICE OF CHARGE OF LEASE .. 61 POWER OF SALE UNDER COMMON EXPENSE LIEN CONDOMINIUM .. 62 TRANSFER UNDER POWER OF SALE .. 62 FORECLOSURE .. 71 APPLICATION FORECLOSURE ORDER .. 73 easements .. 77 TRANSFER of easement .

3 80 RELEASE of easement .. 83 TRANSFER, RELEASE AND ABANDONMENT .. 84 APPLICATION GENERAL - DELETION of easement .. 87 APPLICATION TO CHANGE NAME .. 90 APPLICATION TO CHANGE NAME .. 90 COURT ORDERS .. 94 COMMON COURT ORDERS .. 94 APPLICATION TO REGISTER COURT ORDER .. 95 APPLICATION TO AMEND BASED ON COURT ORDER .. 96 Electronic Registration Procedures Guide Table of Contents Version 11 January 2016 ii DELETION OF A COURT ORDER .. 97 APPLICATION FOR VESTING ORDER .. 97 APPLICATION FOR RESTRICTIONS BASED ON COURT ORDER .. 98 APPLICATION TO CONSOLIDATE PARCELS .. 100 APPLICATION CONSOLIDATION PARCELS .. 100 APPLICATION GENERAL .. 102 APPLICATION GENERAL .. 102 APPLICATION TO AMEND THE REGISTER .. 104 NOTICES .. 106 NOTICES .. 108 NOTICE OF VENDOR S LIEN .. 110 NOTICE OF CHANGE OF ADDRESS FOR SERVICE.

4 112 LEASES .. 115 NOTICE OF LIFE LEASE .. 115 LEASE OR INTEREST IN A 115 NOTICE OF A LEASE OR AN INTEREST IN A LEASE .. 116 NOTICE OF ASSIGNMENT OF LESSEE'S INTEREST IN LEASE .. 117 NOTICE OF ASSIGNMENT OF LESSOR'S INTEREST IN LEASE .. 118 NOTICE OF ASSIGNMENT OF RENTS - GENERAL .. 118 NOTICE OF ASSIGNMENT OF RENTS - SPECIFIC .. 119 NOTICE OF SUBLEASE .. 119 NOTICE CHARGE OF LEASE .. 120 NOTICE OF DETERMINATION .. 120 NOTICE OF DETERMINATION OF LEASE .. 120 SURRENDER OF LEASE .. 121 DELETION OF LEASE BY REGISTERED OWNER .. 121 NOTICE OF OIL AND GAS LEASE .. 121 APPLICATION FOR LEASEHOLD PARCEL .. 121 EXECUTIONS .. 123 INSTRUMENTS REQUIRING EXECUTION SEARCHES .. 123 EXECUTIONS .. 124 APPLICATION TO DELETE EXECUTIONS .. 126 POSTPONEMENT OF INTEREST .. 128 GOVERNMENT ORDER/BY-LAW .. 130 REQUIREMENTS FOR Electronic Registration .. 130 GOVERNMENT ORDER/BY-LAW .. 130 CONSTRUCTION LIEN.

5 132 CERTIFICATES OF ACTION .. 132 SHELTERING .. 132 RULES FOR SHELTERING .. 133 DISCHARGE OF LIEN AND CERTIFICATE OF ACTION .. 133 RELEASE OF LIEN .. 133 DISCHARGE BY COURT ORDER .. 133 APPLICATION TO AMEND THE REGISTER .. 133 CONSTRUCTION LIEN .. 133 APPLICATION TO DELETE CONSTRUCTION LIEN .. 135 Electronic Registration Procedures Guide Table of Contents Version 11 January 2016 iii CERTIFICATE OF LIEN UNDER THE HOUSING DEVELOPMENT ACT .. 137 REGISTERING A CERTIFICATE OF LIEN HOUSING DEVELOPMENT ACT .. 137 DISCHARGING A CERTIFICATE OF LIEN HOUSING DEVELOPMENT ACT .. 137 CERTIFICATE OF LIEN HOUSING DEVELOPMENT ACT .. 137 APPLICATION DELETE HOUSING DEVELOPMENT LIEN HOUSING DEVELOPMENT ACT .. 138 GENERAL LIENS AND CERTIFICATES .. 140 LIENS AND CERTIFICATES .. 140 RESTRICTIONS .. 142 ANNEXATION OF RESTRICTIVE COVENANTS TO LAND - (SECTION 119).

6 142 BUILDING SCHEMES .. 142 RESTRICTIONS ON TRANSFERRING OR CHARGING LAND - (SECTION 118) .. 142 DISCHARGE OF RESTRICTION (SECTION 118) .. 143 DISCHARGE OR COMPLIANCE OF RESTRICTIVE COVENANTS .. 144 APPLICATION TO DELETE RESTRICTIONS .. 144 NOTICE OF COMPLIANCE .. 146 MODIFICATION OF RESTRICTIVE COVENANTS .. 146 CAUTIONS .. 147 CAUTIONS UNDER THE LAND TITLES ACT .. 147 CAUTIONS UNDER THE LOCAL ROADS BOARDS ACT .. 147 CAUTIONS UNDER THE ESTATES ADMINISTRATION ACT .. 148 REQUIREMENTS OF Electronic Registration .. 148 CAUTION .. 148 CAUTION - AGREEMENT OF PURCHASE AND SALE .. 149 CAUTION LAND .. 149 CAUTION - NOTICE .. 150 CAUTION - CHARGE .. 150 WITHDRAWAL OF CAUTION .. 150 BANKRUPTCY .. 152 TRUSTEE IN BANKRUPTCY .. 152 WRITS OF EXECUTION .. 152 NOTICE OF DISCLAIMER .. 153 SUBSTITUTE TRUSTEE .. 153 TRUSTEE 153 APPLICATION TO REGISTER TRUSTEE IN BANKRUPTCY - OWNER .. 153 APPLICATION TO REGISTER TRUSTEE IN BANKRUPTCY - 153 CAUTION UNDER BANKRUPTCY AND INSOLVENCY ACT.

7 155 PLAN DOCUMENT .. 157 INHIBITING ORDERS .. 159 APPLICATION FOR INHIBITING ORDER - LAND .. 159 APPLICATION FOR INHIBITING ORDER - CHARGE .. 160 APPLICATION TO DELETE INHIBITING ORDER .. 161 ESTATES .. 163 VESTING REAL PROPERTY .. 163 VESTING PERSONAL PROPERTY .. 163 TESTACY REAL PROPERTY .. 163 WILLS .. 167 Electronic Registration Procedures Guide Table of Contents Version 11 January 2016 iv TESTACY PERSONAL PROPERTY .. 168 INTESTACY REAL PROPERTY .. 171 INTESTACY PERSONAL PROPERTY .. 172 POWER OF ATTORNEY .. 173 REQUIREMENTS FOR Electronic Registration .. 173 TRANSMISSION BY PERSONAL REPRESENTATIVE .. 173 TRANSMISSION BY DEVISEE/HEIR-AT-LAW .. 173 TRANSFER BY PERSONAL 173 TRANSFER BY DEVISEE/HEIR-AT-LAW .. 174 DEATH OF OWNER APPLICATIONS .. 174 TRANSMISSION BY PERSONAL REPRESENTATIVE - LAND.

8 174 COMBINED SURVIVORSHIP/TRANSMISSION .. 176 TRANSMISSION BY PERSONAL REPRESENTATIVE - CHARGE .. 176 TRANSMISSION BY DEVISEE/HEIR-AT-LAW - LAND .. 177 CAUTIONS UNDER ESTATES ADMINISTRATION ACT .. 178 RENEWAL OF CAUTION- ESTATES ADMINISTRATION ACT .. 179 TRANSFER BY PERSONAL 180 SURVIVORSHIP APPLICATION .. 183 SURVIVORSHIP APPLICATION LAND .. 183 SURVIVORSHIP APPLICATION CHARGE .. 183 SURVIVORSHIP APPLICATION .. 183 POWER OF ATTORNEY .. 187 POWER OF ATTORNEY .. 187 Registration OF POWER OF 187 REVOCATION OF POWER OF ATTORNEY .. 189 APPLICATION FOR ABSOLUTE TITLE .. 193 LAND TITLES CONVERSION QUALIFIED TITLE TO ABSOLUTE TITLE .. 193 ABSOLUTE TITLE APPLICATION DOCUMENTS .. 193 NOTICE OF APPLICATION FOR ABSOLUTE TITLE .. 194 APPLICATION FOR ABSOLUTE TITLE .. 195 CONDOMINIUM LIEN .. 196 NOTICE OF LIEN .. 196 PRIORITY OF COMMON EXPENSE LIEN .. 196 NOTICE TO BE SERVED .. 196 DISCHARGE OF CONDOMINIUM LIEN.

9 196 CONDOMINIUM LIEN (CONDOMINIUM ACT 1998) .. 197 DISCHARGE OF CONDOMINIUM LIEN .. 198 DISCHARGE OF COMMON ELEMENTS CONDOMINIUM INTEREST .. 199 NOTICE OF CHANGE OF ADDRESS CONDOMINIUM .. 200 NOTICE OF CHANGE OF ADDRESS FOR SERVICE CONDO .. 200 CONDOMINIUM BY-LAW .. 202 CONDOMINIUM BY-LAW (CONDOMINIUM ACT 1998) .. 202 Electronic Registration Procedures Guide Background Version 11 January 2016 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.

10 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. 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.