Proposed amendments to: O.Reg. 43/96 and O.Reg 427/99 made under the Registry Act, O.Reg 16/99 and O.Reg. 19/99 made under the Land Registration Reform Act, Regulation 60 under the Boundaries Act; Regulation 690 under the Land Titles Act and O.Reg. 49/01 under the Condominium Act, 1998

Regulation Number(s):

43/96
19/99
16/99
427/99
60
690
49/01

Instrument Type:

Regulation - Minister

Bill or Act:

Registry Act, Land Registration Reform Act, Boundaries Act, Land Titles Act, Condominium Act, 1998

Summary of Proposal:

The Ministry of Government and Consumer Services is proposing amendments to O.Reg. 43/96 under the Registry Act and O.Reg. 19/99 and O.Reg. 16/99 under the Land Registration Reform Act to modernize the regulations and allow for electronic submission of survey plans.

Proposed Amendments to O.Reg. 43/96 under the Registry Act:

• Include a new Part that establishes requirements for both a reference plan of survey and a subdivision plan when such plan is provided to the land registration system through direct electronic submission

• Update and simplify the process for pre-approval of a survey plan by the examiner of surveys and remove the requirement for a physical signature signifying approval by the examiner

• Streamline the plan approval process by reducing the mandatory requirement for a land surveyor to provide a paper print of every plan showing lands included in or adjoining the lands included in the plan and a copy of the parcel register of the lands included in the plan certified by the surveyor as being current to the date of the plan, to an optional requirement, at the discretion of the land registrar.

• Require a strata plan of survey to include the title 'Strata Plan of Survey'

• Remove the existing sections prescribing how paper block maps are to be maintained by the Director of Titles as block maps are now provided in electronic form

Proposed Amendments to O. Reg. 19/99 under the Land Registration Reform Act:

• Set out the information that must be contained in an application to deposit or an application to register a plan and a plan document in the land registration system

Proposed Amendments to O. Reg. 16/99 under the Land Registration Reform Act:

• Include a plan as a document type that may be electronically submitted for registration or deposit

Other proposed amendments, to update regulations:

Proposed Amendments to O. Reg 427/99 under the Registry Act

• Remove references to now-repealed clauses in the Registry Act; replace the enumerated list of records that must be transferred to another land registry office, when registry offices are combined or annexed with the authority for the Director to order what records must be transferred

Reg. 60 under the Boundaries Act and Reg. 690 under the Land Titles Act

• These two regulations require updating to remove references to previously revoked regulations, and update language regarding the ELRS

O.Reg. 49/01 under the Condominium Act, 1998

• The Condominium Act, 1998 and the regulations under that Act were reviewed during the Construction Lien Act Reform Project

• During this review, it was noted that, for common elements condominiums, encumbrances are registered against the common elements but discharges are registered against the owner's land. This may cause confusion as to whether the encumbrance itself is enforceable against the owner's land.

• The proposed amendments would provide that both the encumbrance and related discharge are to be registered against the owner's land for a common elements condominium. This would create consistency in the registration process, and is in line with the proposed Condominium Act, 1998 changes.

The ministry welcomes feedback and encourages anyone interested to provide comments on the proposal.

Further Information: