Bill 117, Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997

Tsubouchi, Hon. David H. Minister of Consumer and Commercial Relations

Versions

Red Tape Reduction Act (Ministry of

Consumer and Commercial Relations), 1997

EXPLANATORY NOTE

The Bill is part of the government's initiative to reduce red tape. It amends certain Acts administered by the Ministry of Consumer and Commercial Relations, repeals the Costs of Distress Act and makes a complementary amendment to the Mortgages Act. The latter two Acts are administered by the Ministry of the Attorney General.

The main changes made by the Bill are as follows:

Athletics Control Act

The Bill requires the Deputy Minister under the Act to appoint the Athletics Commissioner. It also eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Bailiffs Act

The Minister responsible for the administration of the Act is required to appoint the Registrar of Bailiffs. The Minister, rather than the Lieutenant Governor in Council, appoints bailiffs under the Act.

The Bill eliminates the regulation-making powers in the Act with respect to fees and allows the Minister to approve fees.

The Bill incorporates the provisions of the Costs of Distress Act into the Act.

Boundaries Act

The Bill amends the regulation-making powers in the Act. The Minister responsible for the administration of the Act can make orders with respect to matters including fees payable under the Act and administrative procedures, the Director of Land Registration can make regulations with respect to forms and the Minister can make all other regulations.

Business Corporations Act

The Bill eliminates the requirement to file a notice of resolution for a change in the number of directors and the requirement for non-offering corporations to make an application for an exemption from an audit.

A holding corporation may amalgamate with subsidiary corporations with director approval only if the shares of the subsidiary corporation are wholly owned by one of the amalgamating corporations.

The Bill eliminates the limitation of five years from the dissolution of a corporation for bringing an action or proceeding against the corporation.

The Bill eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees. It also transfers to the Minister the regulation-making power to prescribe forms.

Business Names Act

The Bill amends the Act to provide for the registration of extra-provincial limited liability companies. It also eliminates the regulation-making power in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Business Practices Act

The Bill eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Certification of Titles Act

The Bill sets the time period for appealing a decision of the Director of Titles under the Act at 30 days from the date of the decision.

Change of Name Act

The Bill amends the regulation-making powers in the Act so that the Registrar General by order can set and collect fees for services that the Registrar General provides under the Act.

Collection Agencies Act

The Bill requires the Deputy Minister under the Act to appoint the Registrar of Collection Agencies. It also eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Consumer Protection Act

The Bill eliminates the power in the Act to make regulations prescribing the form of executory contracts.

Consumer Reporting Act

The Bill requires the Deputy Minister under the Act to appoint the Registrar of Consumer Reporting Agencies. It also eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Corporations Act

The Bill eliminates the requirement to have a corporate seal and to file a notice of resolution changing the head office address or the number of directors.

A corporation is allowed to hold directors' meetings by telephone or other means of communication and to keep corporate records at any place where there is electronic access from the head office.

Non-profit corporations other than charitable corporations are not required to have an audit for any year in which their annual income is less than $10,000 and all of their members consent in writing. All non-profit corporations are allowed to purchase liability insurance for its directors and officers.

Corporations Information Act

The Bill eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Costs of Distress Act

The Act is repealed.

Extra-Provincial Corporations Act

The Bill eliminates regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees. It also transfers to the Minister the regulation-making power to prescribe forms.

Land Registration Reform Act

The Bill amends the Act so that Part I of the Act applies to all of Ontario.

The Bill amends the regulation-making powers in the Act. The Minister responsible for the administration of the Act can make orders with respect to fees payable under the Act, the Director of Land Registration can make regulations with respect to forms and the Minister can make all other regulations.

Land Titles Act

The Director of Land Registration appointed under the Registry Act, rather than the Minister of Consumer and Commercial Relations, appoints the Director of Titles. The Director of Titles can appoint representatives, instead of Deputy Directors. Land registrars can appoint their own representatives, instead of deputy land registrars. The Director of Land Registration, rather than the Lieutenant Governor in Council, appoints the examiner of surveys.

The Director of Titles and the land registry offices for land titles divisions are no longer required to have a seal.

Courts, the Director of Titles and land registrars are no longer allowed, of their own accord and without notice, to register an order inhibiting the dealing with registered land or a registered charge.

All appeal periods under the Act are set at 30 days.

The Bill amends the Act to reflect the fact Part I of the Land Registration Reform Act applies to all of Ontario. The Bill changes most requirements in the Land Titles Act for affidavits to requirements for statements. It also amends the Act so that notarial copies of some documents are acceptable in addition to certified copies.

The order of registration of instruments is determined not by the time, but by the number, that the land registrar assigns to them.

It is no longer necessary to state the rate of interest, the periods of payment and the maturity date in a registered charge.

The Bill expands all references in the Act to executors and administrators to include estate trustees.

The Bill repeals all provisions with respect to certificates of ownership, certificates of charge and certificates of search.

A chargee who exercises a power of sale under a registered charge is deemed to have complied with the Mortgages Act upon registering the evidence specified by the Director of Titles.

It is possible to register a notice of a lease or an agreement for a lease if it sets out the particulars of the lease or agreement; it is no longer necessary for the notice to contain an executed copy. It is also possible to register a notice of an amendment of a registered lease.

Cautions registered under section 128 of the Act after the amendments come into force expire 60 days, rather than five years, from the date of their registration and the requirement to hold a hearing under section 129 with respect to them is eliminated. A person having an interest in the land or the charge against which a caution was registered before the amendments come into force can apply to the land registrar to have the caution deleted from the register, without the need for a hearing, if the applicant has served 60 days notice on the cautioner.

Sheriffs no longer forward to land registrars writs of execution that affect land governed by the Act and land registrars no longer record them. Instead land registrars have access to the electronic database where the sheriffs record them.

The Bill amends the regulation-making powers in the Act. The Minister of Consumer and Commercial Relations can make orders with respect to matters including the records of the land registry offices and fees payable under the Act. The Director of Land Registration can make orders with respect to the hours of operation of land registry offices and the procedures for changing registrations so that land is governed by the Act,rather than the Registry Act. The Director of Titles can specify the procedures for removing a qualification from title. The Director of Land Registration can make regulations with respect to forms. The Minister can make all other regulations.

Limited Partnerships Act

The Bill eliminates the regulation-making powers in the Act with respect to fees and allows the Minister to approve fees.

Liquor Licence Act

The Bill allows the Board, in certain specified cases, to issue a licence to sell liquor to an applicant who has a financial relationship with a manufacturer.

The Board, and not the regulations, can determine the additional manner in which the Board is required to give public notice of an application for a liquor licence.

The Board can dispense with a public meeting if it considers that the objections to an application are frivolous or vexatious. It can also grant a special occasion permit if there has been a significant change in circumstances on which the board based an order disqualifying premises.

Loan Brokers Act, 1994

The Bill allows the Director appointed under the Ministry of Consumer and Commercial Relations Act to issue cease-and-desist orders against persons violating the Act and adds an offence section for non-compliance with those orders.

Marriage Act

The Bill repeals the Form to the Act that sets out the relationships by consanguinity or adoption that, under the Marriage (Prohibited Degrees) Act (Canada), bar the lawful solemnization of marriage. The Lieutenant Governor in Council can prescribe a form by regulation for that purpose.

Mortgages Act

The Bill amends section 35 of the Act so that a mortgagee exercising a power of sale under a mortgage obtains the benefit of the section if the statutory declaration proving service includes a notarial copy of the post office receipt of registration. It is no longer necessary that the statutory declaration include the original receipt.

Motor Vehicle Dealers Act

The Bill requires the Deputy Minister under the Act to appoint the Registrar of Motor Vehicle Dealers and Salesmen.

Ontario New Home Warranties Plan Act

The Bill allows the Ontario New Home Warranty Program to appoint Deputy Registrars.

It also imposes the warranties that a vendor makes under section 13 of the Act on a person who at any time has registered as a vendor with respect to a home on which a builder has substantially completed construction, even if another person sells the home to an owner or completes a transaction to sell the home to an owner.

The Bill removes the requirement for the Corporation to obtain the approval of the Lieutenant Governor in Council for making regulations prescribing terms and conditions of registration under the Act.

Paperback and Periodical Distributors Act

The Bill requires the Deputy Minister under the Act to appoint the registrar of paperback and periodical distributors. It also allows the Minister to approve fees under the Act.

Personal Property Security Act

The Bill amends the Act so that the registrar of personal property security can determine that a claimant is entitled to compensation from The Personal Property Security Assurance Fund without the need for a hearing. If there is a hearing, the registrar, and not the Director of Titles, holds it.

The Bill amends the regulation-making powers in the Act so that the Minister responsible for the administration of the Act can make orders with respect to fees payable under the Act, forms and other administrative matters.

Real Estate and Business Brokers Act

The Bill requires the Deputy Minister to appoint the Registrar of Real Estate and Business Brokers.

It also allows the administrative authority designated under the Safety and Consumer Statutes Administration Act, 1996 to pass by-laws, with the prior approval of the Minister, establishing consumer protection programs.

Registry Act

The Deputy Minister, rather than the Minister of Consumer and Commercial Relations, appoints the Director of Land Registration. The Director of Land Registration can appoint representatives, instead of Deputy Directors. Land registrars can appoint their own representatives, instead of deputy land registrars.

The Director of Land Registration and the land registry offices for registry divisions are no longer required to have a seal.

Land registrars no longer provide abstracts with respect to registered land.

It is possible to register a notice of an amendment of a lease.

The Bill amends the Act to reflect the fact Part I of the Land Registration Reform Act applies to all of Ontario. The Bill changes all requirements in the Registry Act for affidavits to requirements for statements. It also amends the Act so that notarial copies of some documents are acceptable in addition to certified copies.

It is no longer necessary to show the land registrar the original judgment or order affecting land when registering a notarial copy.

The land registrar is no longer required to enter a note on the abstract index when a person registers an instrument that is signed under a power of attorney.

The order of registration of instruments and deposit of documents is determined not by the time, but by the number, that the land registrar assigns to them. The Act no longer requires the land registrar to endorse a certificate of registration on a duplicate instrument.

The original copy or a notarial copy of a holograph will can be registered if it is accompanied by a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will.

The Bill expands all references in the Act to executors and administrators to include estate trustees.

The Bill eliminates the requirement to produce the duplicate registered mortgage when registering a discharge of the mortgage.

The Bill allows, but does not require, instruments that change municipal boundaries to be registered.

The Bill amends the regulation-making powers in the Act. The Minister of Consumer and Commercial Relations can make orders with respect to matters including the records of the land registry offices and fees payable under the Act. The Director of Land Registration can make orders with respect to the hours of operation of land registry offices and certain administrative matters specified in section 100 and can make regulations with respect to forms. The Minister can make all other regulations.

Repair and Storage Liens Act

Theatres Act

The Bill reduces the requirement for a quorum for the Ontario Film Review Board from three to two. It allows the Board to approve a film in the methods prescribed by the regulations, and eliminates the licensing requirement for projection equipment.

The Bill eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Travel Industry Act

The Bill requires the Deputy Minister under the Act to appoint the Registrar under the Act.

Vital Statistics Act

The Bill removes the requirement for payment of a special fee of 25 cents when a sub-registrar issues a burial permit. It also repeals section 41 of the Act that provides for payments to division registrars and superintendents of Indian agencies on a per registration basis.

The Bill amends the regulation-making powers in the Act so that the Registrar General can make orders with respect to fees payable for services that the Registrar General provides under the Act.

Bill 1171997

An Act to reduce red tape by amending

certain statutes administered by the

Ministry of Consumer and Commercial

Relations, by repealing the Costs of

Distress Act and by making complementary

amendments to the Mortgages Act

CONTENTS

Amendments to the following Acts:	Sections:
Athletics Control Act	1 - 4
Bailiffs Act	5 - 16
Boundaries Act	17 - 19
Business Corporations Act	20 - 31
Business Names Act	32 - 38
Business Practices Act	39 - 40
Certification of Titles Act	41 - 44
Change of Name Act	45 - 48
Collection Agencies Act	49 - 52
Consumer Protection Act	53
Consumer Reporting Act	54 - 56
Corporations Act	57 - 78
Corporations Information Act	79 - 81
Costs of Distress Act	82
Extra-Provincial Corporations Act	83 - 88
Land Registration Reform Act	89 - 97
Land Titles Act	98 - 153
Limited Partnerships Act	154 - 158
Liquor Licence Act	159 - 167
Loan Brokers Act, 1994	168 - 170
Marriage Act	171 - 173
Mortgages Act	174
Motor Vehicle Dealers Act	175
Ontario New Home Warranties Plan Act	176 - 179
Paperback and Periodical Distributors Act	180 - 181
Personal Property Security Act	182 - 191
Real Estate and Business Brokers Act	192 - 194
Registry Act	195 - 252
Repair and Storage Liens Act	253 - 256
Theatres Act	257 - 276
Travel Industry Act	277
Vital Statistics Act	278 - 291
Commencement and Short Title	292 - 293

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Athletics Control Act

1. The definition of "Minister" in section 1 of the Athletics Control Act is repealed and the following substituted:

"Minister" means the Minister responsible for the administration of this Act. ("ministre")

2. Section 3 of the Act is repealed and the following substituted:

Commissioner

3. The Deputy Minister shall appoint a person as the Athletics Commissioner.

3. The Act is amended by adding the following section:

Power of Minister

12.1 The Minister may by order require the payment of fees for licences or permits, or a fee or a charge for the holding of an amateur boxing or wrestling contest or exhibition under this Act and may approve the amount of those fees.

4. (1) Clauses 13 (1) (f) and (g) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 13 (1) (f) or (g) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 12.1 of the Act, as enacted by section 3, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 13 (1) (f) or (g) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 12.1 of the Act, as enacted by section 3, that is inconsistent with those regulations.

Bailiffs Act

5. The definition of "Registrar" in section 1 of the Bailiffs Act is repealed and the following substituted:

"Registrar" means the Registrar of Bailiffs. ("registrateur")

6. The Act is amended by adding the following section:

Registrar

2.1 The Minister shall appoint a person as the Registrar of Bailiffs.

7. Subsection 3 (1) of the Act is repealed and the following substituted:

Appointment

(1) No person, other than a person authorized to act as a bailiff under court process, shall act as a bailiff unless appointed by the Minister.

8. (1) Subsection 5 (1) of the Act is amended by striking out "the Costs of Distress Act" in the sixth line and substituting "this Act".

(2) Subsection 5 (2) of the Act is repealed and the following is substituted:

Costs in eviction

(2) For the purposes of subsection (1), section 16.3 applies to costs in an eviction as if these costs were costs in a seizure or repossession.

9. Section 6 of the Act is amended by striking out the portion before clause (a) and substituting the following:

6. A person applying to be appointed as bailiff shall submit an application to the Registrar that states,

. . . . .

10. Section 7 of the Act is repealed.

11. Section 8 of the Act is amended by striking out the portion before clause (a) and substituting the following:

8. The Minister may appoint an applicant as a bailiff if,

. . . . .

12. Clause 9 (a) of the Act is repealed and the following substituted:

(a) has not complied with this Act or the regulations; or

. . . . .

13. Section 12 of the Act is repealed and the following substituted:

Complaints

12. (1) A person may make a complaint against a bailiff to the Registrar.

Investigation

(2) The Registrar shall investigate the complaint.

14. The Act is amended by adding the following sections:

Tariff of costs

16.1 (1) A bailiff shall not charge any costs or fees other than those set out in the prescribed tariff for,

(a) making a distress for rent or a penalty;

(b) making a seizure or sale of goods for default in paying the principal money or interest secured by a chattel mortgage or the interest secured by an instrument under which the vendor retains the right to take possession of a chattel sold by the vendor for default in payment of an instalment of principal or interest.

Same

(2) A bailiff shall not charge any costs or fees referred to in subsection (1) until after the distress, seizure or sale.

No costs

(3) A bailiff shall not charge costs or fees for goods exempted from distress or seizure when they may not be lawfully sold.

Sale of exempted goods

(4) A bailiff shall not charge, for the sale of goods exempted from distress or seizure, a sum greater than_$2 plus the actual and necessary payments for possession money.

Right of action not affected

16.2 No person aggrieved by a seizure or sale of goods under a chattel mortgage or by a distress for rent or for default in payment of an instalment of principal or interest secured by an instrument under the terms of which the vendor retains the right to take possession of a chattel sold by the vendor for default in payment of an instalment of principal or interest shall be barred from any action or remedy that the person would have had if this Act had not been passed.

Statement

16.3 (1) A bailiff who is acting under subsection 16.1 (1) shall give,

(a) a statement, in writing, that is signed by the person requesting the distress and that sets out the costs or fees of the distress, to the person on whose goods the distress was made; and

(b) a statement, in writing, that is signed by the person requesting the seizure and that sets out the costs or fees charged in respect of the seizure and subsequent proceedings, to the person in possession of the goods seized.

Assessment of costs of distress

(2) A person whose goods are distrained or seized or the person authorizing the distress or seizure or any other person interested, upon giving two days notice in writing, may have the costs, fees and expenses of the bailiff assessed by the local registrar of the Ontario Court (General Division) for the area in which the distress or seizure was made.

Furnishing bill of costs

(3) A bailiff shall furnish the registrar referred to in subsection (2) with a statement of the costs, fees and expenses for assessment at the time mentioned in the notice or at such other time as the registrar directs, and, in default of so doing, is not entitled to any costs or expenses.

Duty of registrar

(4) On the assessment the registrar shall, among other things, consider the reasonableness of any costs or fees for removal and keeping possession of the goods, and for advertising, or any sums alleged to have been paid for these services, and may examine either party on oath touching the costs.

Fee

(5) A person requiring an assessment shall pay the registrar a fee of 25 cents for the examination under subsection (4).

Appeal

(6) A party to an assessment made under subsection (4) may appeal the assessment to a judge of the Ontario Court (General Division).

15. The Act is amended by adding the following section:

Power of Minister

18.1 The Minister may by order require the payment of fees for applications or other services under this Act and may approve the amount of those fees.

16. (1) Clause 19 (b) of the Act is repealed.

(2) Section 19 of the Act is amended by adding the following clause:

(d) prescribing a tariff of fees and costs payable to bailiffs under this Act or any other Act.

(3) Despite subsection (1), regulations made under clause 19 (b) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 18.1 of the Act, as enacted by section 15, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 19 (b) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 18.1 of the Act, as enacted by section 15, that is inconsistent with those regulations.

Boundaries Act

17. Subsection 9 (2) of the Boundaries Act is amended by striking out "the prescribed fee" in the fifth and sixth lines and substituting "the required fee".

18. The Act is amended by adding the following section:

Minister's orders

20.1 The Minister responsible for the administration of this Act may by order,

(a) require the payment of fees under this Act and specify the amounts of the fees;

(b) specify administrative procedures for the purposes of this Act;

19. (1) Section 21 of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) The Minister responsible for the administration of this Act may make regulations,

. . . . .

(2) Clauses 21 (d), (f), (h) and (j) of the Act are repealed.

(3) Section 21 of the Act is amended by adding the following subsection:

Director of Land Registration

(2) The Director of Land Registration appointed under the Registry Act may make regulations prescribing forms and providing for their use.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 21 (a), (b), (c), (e), (g), (i), (k) or (l) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 21 (1) of the Act, as amended by this section, that is inconsistent with those regulations.

(5) Despite subsection (2), regulations made under clause 21 (d), (h) or (j) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 20.1 of the Act, as enacted by section 18, that is inconsistent with those regulations.

(6) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 21 (d), (h) or (j) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 20.1 of the Act, as enacted by section 18, that is inconsistent with those regulations.

(7) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 21 (f) of the Act, as that clause read immediately before that subsection comes into force, if the Director of Land Registration makes a regulation under subsection 21 (2) of the Act, as enacted by subsection (3), that is inconsistent with those regulations.

Business Corporations Act

20. Section 12 of the Act is amended by adding the following subsection:

Written hearing

(1.1) A hearing referred to in subsection (1) shall be in writing in accordance with the rules made by the Director under the Statutory Powers Procedure Act.

21. (1) Subsection 125 (5) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is repealed.

(2) Subsection 125 (6) of the Act is repealed.

22. Section 148 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is repealed and the following substituted:

Exemption from audit requirements

148. In respect of a financial year of a corporation, the corporation is exempt from the requirements of this Part regarding the appointment and duties of an auditor if,

(a) the corporation is not an offering corporation; and

(b) all of the shareholders consent in writing to the exemption in respect of that year.

23. Subsection 177 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is further amended by striking out "wholly owned" in the second line, by striking out "and" at the end of clause (a) and by adding the following clause:

(a.1) all of the issued shares of each amalgamating subsidiary corporation are held by one or more of the other amalgamating corporations; and

. . . . .

24. Subsection 184 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(4) The notice of a meeting of shareholders to approve a transaction referred to in subsection (3) shall be sent to all shareholders and shall include or be accompanied by,

. . . . .

25. (1) Subsection 241 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 16, section 2 and 1994,chapter 27, section 71, is repealed and the following substituted:

Same, non-filing

(3) Where a corporation fails to comply with a filing requirement under the Corporations Information Act or fails to pay a fee required under this Act, the Director may give notice in accordance with section 263 to the corporation or by publication once in The Ontario Gazette that an order dissolving the corporation will be issued unless the corporation, within 90 days after the notice is given, complies with the requirement or pays the fee.

(2) Subsection 241 (5) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71 is repealed and the following substituted:

Revival

(5) Where a corporation is dissolved under subsection (4) or any predecessor of it, the Director on the application of any interested person immediately before the dissolution, may, in his or her discretion, on such terms and conditions as the Director sees fit to impose, revive the corporation and the corporation, subject to the terms and conditions imposed by the Director and to any rights acquired by any person during the period of dissolution, shall be deemed for all purposes to have never been dissolved.

26. (1) Clause 242 (1) (b) of the Act is repealed and the following substituted:

(b) a civil, criminal or administrative action or proceeding may be brought against the corporation as if the corporation had not been dissolved;

. . . . .

(2) Subsection 242 (1) of the Act is amended by adding "and" at the end of clause (c) and by adding the following clause:

(d) title to land belonging to the corporation immediately before the dissolution remains available to be sold in power of sale proceedings.

(3) Section 242 of the Act is amended by adding the following subsection:

Interpretation

(1.1) In this section and section 244,

"proceeding" includes a power of sale proceeding relating to land commenced pursuant to a mortgage.

(4) Subsection 242 (3) of the Act is repealed and the following substituted:

Notice of action

(3) A person who commences an action, suit or other proceeding against a corporation after its dissolution, shall serve the writ or other document by which the action, suit or other proceeding was commenced, on the Public Guardian and Trustee in accordance with the rules that apply generally to service on a party to an action, suit or other proceeding.

Same, power of sale proceeding

(4) A person who commences a power of sale proceeding relating to land against a corporation after its dissolution shall serve a notice of the proceeding on the Public Guardian and Trustee in accordance with the notice requirements in the Mortgages Act that apply with respect to a person with an interest in the land recorded in the records of the appropriate land registry office.

27. (1) Subsection 244 (2) of the Act is repealed and the following substituted:

Exception

(2) Despite subsection (1), if a judgment is given or an order or decision is made or land is sold in an action, suit or proceeding commenced in accordance with section 242 and the judgment, order, decision or sale affects property belonging to the corporation before the dissolution, unless the plaintiff, applicant or mortgagee has not complied with subsection 242 (3) or (4),

(a) the property shall be available to satisfy the judgment, order or other decision; and

(b) title to the land shall be transferred to a purchaser free of the Crown's interest, in the case of a power of sale proceeding.

(2) Section 244 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is further amended by adding the following subsection:

No notice

(4) Despite subsection (2), if a person commences a power of sale proceeding relating to land before the dissolution of a corporation but the sale of the land is not completed until after the dissolution, the person is not required to serve the notice mentioned in subsection 242 (4) and title to the land may be transferred to a purchaser free of the Crown's interest.

28. Subsection 270 (1) of the Act is amended by striking out "prescribed fee" in first and second lines and substituting "required fee".

29. The Act is amended by adding the following section:

Powers of Minister

271.1 (1) The Minister may make regulations,

(a) prescribing forms for use under this Act and providing for their use; and

(b) prescribing the form and content of any notices or documents that this Act requires to be filed.

Fees

(2) The Minister may by order require the payment of fees for search reports, copies of documents or information, filing of documents or other services under this Act and may approve the amount of those fees.

30. (1) Paragraphs 2, 3 and 4 of section 272 of the Act are repealed.

(2) Despite subsection (1), regulations made under paragraph 2 of section 272 of the Act, as that paragraph read immediately before that subsection comes into force, continue until the Minister makes an order under subsection 271.1 (2) of the Act, as enacted by section 29, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 2 of section 272 of the Act, as that paragraph read immediately before that subsection comes into force, if the Minister makes an order under subsection 271.1 (2) of the Act, as enacted by section 29, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 3 or 4 of section 272 of the Act, as those paragraphs read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 271.1 (1) of the Act, as enacted by section 29, that is inconsistent with those regulations.

31. (1) Subsection 273 (2) of the Act is amended by striking out "prescribed fee" in the sixth line and substituting "required fee".

(2) Clause 273 (4) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 71, is amended by strikingout "prescribed fee" in the third and fourth lines and substituting "required fee".

(3) Subsection 273 (5) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 71, is amended by striking out "prescribed fee" in the fifth line and substituting "required fee".

Business Names Act

32. The Business Names Act is amended by adding the following section:

Extra-provincial limited liability company

2.1 (1) In this section,

"extra-provincial limited liability company" means an unincorporated association, other than a partnership, formed under the laws of another jurisdiction that grants to each of its members limited liability with respect to the liabilities of the association.

Registration

(2) No extra-provincial limited liability company shall carry on business in Ontario unless it has registered its company name.

Use of registered name only

(3) No extra-provincial limited liability company shall carry on business in Ontario under a name other than its registered company name.

Laws of other jurisdiction

(4) The laws of the jurisdiction under which an extra-provincial limited liability company is formed shall govern its organization and internal affairs and the liability of its managers and members.

Service

(5) A person may serve a notice or document on an extra-provincial limited liability company at its Ontario place of business, if any, or its address required to be maintained under the laws of the jurisdiction of formation or its principal office address.

33. Subsection 4 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 72, is repealed and the following substituted:

Registration

(1) Upon payment of the required fee, any person may register a name for the purpose of complying with section 2 or 2.1.

34. (1) Subsection 5 (1) of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

(2) Subsection 5 (2) of the Act is amended by striking out "prescribed fee" in the third line and substituting "required fee".

35. Subsection 8 (1) of the Act is amended by repealing the portion before clause (a) and substituting the following:

(1) Upon the payment of the required fee, the Registrar shall issue to any person applying for it,

. . . . .

36. Subsection 10 (1) of the Act is amended by inserting "or 2.1" after "section 2" in the second line.

37. The Act is amended by adding the following section:

Powers of Minister

10.1 The Minister may by order require the payment of fees for registrations, late renewals, search reports, or copies of documents or information, or other services under this Act and may approve the amounts of those fees.

38. (1) Clauses 11 (c) and (h) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 11 (c) or (h) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 10.1 of the Act, as enacted by section 37, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 11 (c) or (h) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 10.1 of the Act, as enacted by section 37, that is inconsistent with those regulations.

Business Practices Act

39. The Business Practices Act is amended by adding the following section:

Power of Minister

15.1 The Minister may by order require the payment of fees for the inspection of public records maintained under section 5 of the Act and may approve the amount of those fees.

40. (1) Clause 16 (1) (e) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 16 (1) (e) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 15.1 of the Act, as enacted by section 39, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 16 (1) (e) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 15.1 of the Act, as enacted by section 39, that is inconsistent with those regulations.

Certification of Titles Act

41. Subsection 7 (2) of the Certification of Titles Act is amended by inserting ", within 30 days after the date of the decision," after "appeal" in the second line.

42. Subsection 8 (3) of the Act is amended by inserting ", within 30 days after the date of the order," after "appeal" in the third line.

43. The Act is amended by adding the following section:

Minister's orders

19.1 The Minister responsible for the administration of this Act may by order,

(a) require the payment of fees under this Act and specify the amounts of the fees;

(b) specify administrative procedures for the purposes of this Act;

44. (1) Section 20 of the Act is amended by striking out the portion before clause (a) and substituting the following:

20. The Minister responsible for the administration of this Act may make regulations,

. . . . .

(2) Clauses 20 (c), (d), (g) and (h) of the Act are repealed.

(3) Section 20 of the Act is amended by adding the following subsection:

Director of Land Registration

(2) The Director of Land Registration appointed under the Registry Act may make regulations prescribing forms and providing for their use.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 20 (a), (b), (e), (f) or (i) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 20 (1) of the Act, as amended by this section, that is inconsistent with those regulations.

(5) Despite subsection (2), regulations made under clause 20 (c), (g) or (h) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 19.1 of the Act, as enacted by section 43, that is inconsistent with those regulations.

(6) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 20 (c), (g) or (h) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 19.1 of the Act, as enacted by section 43, that is inconsistent with those regulations.

(7) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 20 (d) of the Act, as that clause read immediately before that subsection comes into force, if the Director of Land Registration makes a regulation under subsection 20 (2) of the Act, as enacted by subsection (3), that is inconsistent with those regulations.

Change of Name Act

45. Subsection 3 (3) of the Change of Name Act is amended by striking out "the prescribed fee" in the second and third lines and substituting "the required fee".

46. Subsection 7 (1) of the Act is amended by striking out "the prescribed fee" in the third and fourth lines and substituting "the required fee".

47. The Act is amended by adding the following section:

Power of Registrar General

12.1 The Registrar General may by order set and collect fees for,

(a) elections under subsection 3 (1) made at the time of marriage or at the time of filing a joint declaration;

(b) elections under subsection 3 (2) and elections under subsection 3 (1) made after the time of marriage or after the time of filing a joint declaration;

(d) any other services that the Registrar General provides under this Act.

48. (1) Clauses 13 (b), (c) and (e) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 13 (b), (c) or (e) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Registrar General makes an order under section 12.1 of the Act, as enacted by section 47, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 13 (b), (c) or (e) of the Act, as those clauses read immediately before that subsection comes into force, if the Registrar General makes an order under section 12.1 of the Act, as enacted by section 47, that is inconsistent with those regulations.

Collection Agencies Act

49. Subsection 3 (1) of the Collection Agencies Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Collection Agencies.

50. Subsection 8 (8) of the Act is amended by striking out "prescribed fee" in the fourth and fifth lines and substituting "required fee".

51. The Act is amended by adding the following section:

Power of Minister

29.1 The Minister may by order require the payment of fees for applications of registrations or renewal of registration under this Act and may approve the amount of those fees.

52. (1) Clause 30 (c) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 30 (c) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 29.1 of the Act, as enacted by section 51, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 30 (c) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 29.1 of the Act, as enacted by section 51, that is inconsistent with those regulations.

Consumer Protection Act

53. Clause 40 (g) of the Consumer Protection Act is repealed and the following substituted:

(g) prescribing the form of statements of the cost of borrowing.

Consumer Reporting Act

54. Subsection 2 (1) of the Consumer Reporting Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Consumer Reporting Agencies.

55. The Act is amended by adding the following section:

Power of Minister

24.1 The Minister may by order require the payment of fees for an application for registration or a renewal of registration under this Act and may approve the amount of those fees.

56. (1) Clause 25 (c) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 25 (c) of the Act, as that clause read immediately before that subsection comes into force, continue in force until the Minister makes an order under section 24.1 of the Act, as enacted by section 55, that is inconsistent with the regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 25 (c) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 24.1 of the Act, as enacted by section 55, that is inconsistent with those regulations.

Corporations Act

57. Subsection 13 (2) of the Corporations Act is repealed and the following substituted:

Change of name

(2) If a corporation, through inadvertence or otherwise, has acquired a name that is objectionable, the Minister may, after giving the corporation an opportunity to be heard, issue supplementary letters patent changing the name of the corporation to the name specified in the supplementary letters patent.

Written hearing

(2.1) A hearing under subsection (2) shall be in writing in accordance with rules made by the Minister under the Statutory Powers Procedure Act.

58. Subsection 21 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding at the end "if it has a seal".

59. Subsection 34 (7) of the Act is repealed.

60. (1) Section 80 of the Act is amended by inserting "and officer" after "director" in the first line.

(2) The French version of clause 80 (a) of the Act is amended by inserting "ou ce dirigeant" after "administrateur" in the second line.

61. The Act is amended by adding the following section:

Exemption from annual audit

96.1 In respect of a financial year of a company, the company is exempt from the requirements of this Part regarding the appointment and duties of an auditor, if

(a) the company is not a public company;

(b) the annual income of the company is less than $10,000; and

62. Subsection 113 (3) of the Act is amended by striking out "under the corporate seal thereof" at the end.

63. Section 119 of the Act is amended by adding the following subsection:

Exception

(3) Subsection (2) does not apply to a provision providing for the election and retirement of directors in accordance with subsection 287 (2) or (5).

64. Clause 130 (1) (a) of the Act is repealed and the following substituted:

(a) the division of its members into groups that are composed of territorial groups, common interest groups or both territorial and common interest groups.

65. Subsection 131 (5) of the Act is repealed.

66. Subsections 132 (3) and (4) of the Act are repealed.

67. (1) Subsection 133 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 78, is further amended by striking out "section 96" in the fourth line and substituting "sections 96 and 96.1".

(2) Section 133 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 78, is further amended by adding the following subsection:

Exemptions

(2.1) Despite subsection (1), sections 80 and 96.1 do not apply to a corporation referred to in subsection 1 (2) of the Charities Accounting Act.

68. Subsections 277 (4) and (5) of the Act are repealed.

69. Section 279 of the Act is repealed and the following substituted:

Seal

279. A corporation may, but need not, have a corporate seal.

70. (1) Subsection 283 (3) of the Act is amended by inserting "and subsection (3.1)" after "subsection 298 (1)" in the first line.

(2) Section 283 of the Act is amended by adding the following subsections:

Means of meetings

(3.1) Unless the by-laws otherwise provide, if all the directors of a corporation present at or participating in the meeting consent, a meeting of directors or of a committee of directors may be held by such telephone, electronic or other communication facilities as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, and a director participating in the meeting by those means is deemed for the purposes of this Act to be present at the meeting.

. . . . .

Purchase of liability insurance

(5) Subject to subsection (6), a corporation may purchase and maintain insurance for a director or officer of the corporation against any liability incurred by the director or officer, in the capacity as a director or officer of the corporation, except where the liability relates to the person's failure to act honestly and in good faith with a view to the best interests of the corporation.

Charitable corporation

(6) A corporation referred to in subsection 1 (2) of the Charities Accounting Act may not purchase insurance described in subsection (5) unless,

(a) the corporation complies with the Charities Accounting Act or a regulation made under that Act that permits the purchase; or

(b) the corporation or a director or officer of the corporation obtains a court order authorizing the purchase.

71. Subsections 285 (2) and (3) of the Act are repealed.

72. (1) Subsection 287 (2) of the Act is amended by striking out "letters patent or supplementary letters patent" in the first and second lines and substituting "by-laws".

(2) Subsection 287 (5) of the Act is amended by striking out "letters patent or supplementary letters patent" in the first and second lines and substituting "by-laws".

73. (1) Subsection 298 (1) of the Act is amended by striking out "during a corporation's first year of existence" in the second and third lines.

(2) Subsection 298 (2) of the Act is amended by striking out "during the corporation's first year of existence" in the first and second lines.

74. Subsection 304 (3) of the Act is repealed and the following substituted:

Exemption

(3) A corporation may keep any of the records mentioned in subsection (1) at a place other than the head office of the corporation if the records are available for inspection during regular office hours at the head office by means of a computer terminal or other electronic technology.

75. Section 318 of the Act is repealed and the following substituted:

Continuation of existence for particular purpose

318. (1) Despite the dissolution of a corporation under this Act,

(a) a civil, criminal or administrative action or proceeding commenced by or against the corporation before its dissolution may be continued as if the corporation had not been dissolved;

(b) a civil, criminal or administrative action or proceeding may be brought against the corporation as if the corporation had not been dissolved;

(c) any property that would have been available to satisfy any judgment or order if the corporation had not been dissolved remains available for such purpose; and

(d) title to land belonging to the corporation immediately before its dissolution remains available to be sold in power of sale proceedings.

Interpretation

(2) In this section and section 322,

"proceeding" includes a power of sale proceeding relating to land commenced pursuant to a mortgage.

Service of process

(3) For the purposes of this section, the service of any process on a corporation after its dissolution shall be deemed to be sufficiently made if it is made upon any person shown on the records of the Ministry as being a director or officer of the corporation immediately before the dissolution.

Notice of action

(4) A person who commences an action, suit or proceeding against a corporation after its dissolution, shall serve the writ or other document commencing the action, suit or proceeding, on the Public Guardian and Trustee in accordance with the rules that apply generally to service on a party to an action, suit or proceeding.

Notice of power of sale proceeding

(5) A person who commences a power of sale proceeding relating to land against a corporation after its dissolution shall serve a notice of the proceeding on the Public Guardian and Trustee in accordance with the notice requirements in the Mortgages Act that apply with respect to a person with an interest in the land recorded in the records of the appropriate land registry office.

76. Section 322 of the Act is repealed and the following substituted:

Forfeiture of undisposed property

322. (1) Any property of a corporation that has not been disposed of at the date of its dissolution is immediately on the dissolution forfeit to and vests in the Crown.

Exception

(2) Despite subsection (1), if a judgment is given or an order or decision is made or land is sold in an action, suit or proceeding commenced in accordance with section 318 and the judgment, order, decision or sale affects property belonging to the corporation before its dissolution, unless the plaintiff, applicant or mortgagee has not complied with subsection 318 (4) or (5),

(a) the property shall be available to satisfy the judgment, order or other decision; and

(b) title to the land shall be transferred to a purchaser free of the Crown's interest, in the case of a power of sale proceeding.

No notice

(3) Despite clause (2) (b), a person who commences a power of sale proceeding relating to land before the dissolution of a corporation but the sale of the land was not completed until after the dissolution, is not required to serve the notice mentioned in subsection 318 (5) and title to the land may be transferred to a purchaser free of the Crown's interest.

77. The Act is amended by adding the following section:

Powers of Minister

326.1 (1) The Minister may make regulations prescribing the form and content of letters patent, supplementary letters patent, or other documents or notices that this Act requires to be filed.

Fees

(2) The Minister may by order require the payment of fees and approve the amount of the fees to be paid under this Act for,

(a) the filing of letters patent, supplementary letters patent and other documents or other services; and

(b) search reports, copies of documents and information, or other services.

78. (1) Clause 327 (a) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 327 (a) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes anorder under subsection 326.1 (2) of the Act, as enacted by section 77, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 327 (a) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under subsection 326.1 (2) of the Act, as enacted by section 77, that is inconsistent with those regulations.

Corporations Information Act

79. Section 10 of the Corporations Information Act is repealed and the following substituted:

Examination by public

10. (1) On payment of the required fee, any person is entitled to examine the record of any document filed under section 2, 3, 3.1, 4, 6 or 7 or any predecessor of those sections, and to make extracts from it.

Copies

(2) On payment of the required fee, the Minister shall furnish any person with a certified copy of the contents of any document filed under section 2, 3, 3.1, 4, 6 or 7 or any predecessor of those sections.

80. The Act is amended by adding the following section:

Powers of Minister

21.1 The Minister may by order require the payment of fees for search reports and copies of documents and information, or other services under this Act and may approve the amount of those fees.

81. (1) Clause 22 (b) of the Act is repealed.

(2) Clause 22 (e) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 43, is repealed and the following substituted:

(e) prescribing the information required by subsections 2 (1) and 3 (1) and section 3.1.

(3) Clause 22 (f) of the Act is repealed.

(4) Despite subsections (1) and (3), regulations made under clause 22 (b) or (f) of the Act, as those clauses read immediately before those subsections come into force, continue until the Minister makes an order under section 21.1 of the Act, as enacted by section 80, that is inconsistent with those regulations.

(5) Despite subsections (1) and (3), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 22 (b) or (f) of the Act, as those clauses read immediately before those subsections come into force, if the Minister makes an order under section 21.1 of the Act, as enacted by section 80, that is inconsistent with those regulations.

Costs of Distress Act

82. (1) The Costs of Distress Act is repealed.

(2) Despite subsection (1), regulations made under section 7 of the Act, as that section read immediately before that subsection comes into force, continue until the Lieutenant Governor in Council makes a regulation under clause 19 (d) of the Bailiffs Act, as enacted by subsection 16 (2), that is inconsistent with those regulations.

Extra-Provincial Corporations Act

83. Subsection 5 (1) of the Extra-Provincial Corporations Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

84. Clause 7 (3) (a) of the Act is repealed and the following substituted:

(a) failure to pay any required fee.

85. Section 11 of the Act is amended by adding the following subsection:

Written hearing

(1.1) A hearing under subsection (1) shall be in writing in accordance with rules made by the Director under the Statutory Powers Procedures Act.

86. Section 16 of the Act is amended by striking out the portion before clause (a) and substituting the following:

16. The Director shall, on payment of the required fee, issue a certificate certifying,

. . . . .

87. The Act is amended by adding the following section:

Powers of Minister

24.1 (1) The Minister may make regulations,

(a) prescribing forms for use under this Act and providing for their use;

(b) prescribing the form and content of any documents to be filed under this Act.

Fees

(2) The Minister may by order require the payment of fees for search reports and copies of documents and information, or other services under this Act and may approve the amount of those fees.

88. (1) Clauses 25 (a) and (b) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 25 (a) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under subsection 24.1 (2) of the Act, as enacted by section 87, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 25 (a) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under subsection 24.1 (2) of the Act, as enacted by section 87, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 25 (b) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 24.1 (1) of the Act, as enacted by section 87, that is inconsistent with those regulations.

Land Registration Reform Act

89. Section 2 of the Land Registration Reform Act is repealed and the following substituted:

Application of Part

2. This Part applies to documents affecting or relating to land in Ontario.

90. Subsection 7 (7) of the Act is repealed.

91. Subsection 8 (4) of the Act is amended by striking out "at the prescribed fee" in the third and fourth lines and substituting "upon payment of the required fee".

92. The Act is amended by adding the following section:

Minister's orders

13.1 The Minister responsible for the administration of this Act may by order require the payment of fees under subsection 8 (4) and specify the amount of the fees.

93. (1) Section 14 of the Act is repealed and the following substituted:

Regulations

14. (1) The Minister responsible for the administration of this Act may make regulations,

(a) prescribing standard charge terms for the purpose of subsection 7 (5);

(b) prescribing the form and manner in which sets of standard charge terms are to be filed with the Director under subsection 8 (1) and are to be made available for public inspection and copying;

(d) prescribing the form and manner in which statements in documents are to be made;

(e) prescribing the manner in which a party to a document registered under the Land Titles Act or the Registry Act may notify the land registrar of changes in the party's address for service;

(f) authorizing the Director to issue instructions for the completion and execution of documents;

(g) authorizing the Director to approve forms prescribed under subsection (2) and prohibiting the registration of documents in forms prescribed under subsection (2) that are not approved by the Director.

Regulations made by Director

(2) The Director may make regulations prescribing forms for transfers, charges, discharges and other documents to be registered under the Land Titles Act or the Registry Act, or deposited under Part II of the Registry Act.

(2) Despite subsection (1), the Minister responsible for the administration of the Act may by regulation revoke regulations made under clause 14 (a) of the Act, as that clause read immediately before that subsection comes into force.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 14 (b), (c), (d), (e), (f), (h), (i) or (j) of the Act, as those clauses read immediately before that subsection comes into force, if,

(a) the Minister makes a regulation under subsection 14 (1) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 14 (2) of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

(4) Despite subsection (1), regulations made under clause 14 (g) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 13.1 of the Act, as enacted by section 92, that is inconsistent with those regulations.

(5) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 14 (g) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 13.1 of the Act, as enacted by section 92, that is inconsistent with those regulations.

94. Section 15 of the Act is repealed and the following substituted:

Designated areas

15. The Minister responsible for the administration of this Act may by regulation designate all or any part of land in Ontario for the purpose of implementing a system of automated information recording and retrieval and property mapping.

95. Subsection 16 (1) of the Act is amended by striking out "prescribed" in the second line and substituting "specified".

96. (1) Section 19 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, is amended by striking out "Lieutenant Governor in Council" in the fifth line and substituting "Minister responsible for the administration of this Act".

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under section 19 of the Act, as that section read immediately before subsection (1) comes into force, if the Minister makes a regulation under section 19 of the Act, as amended by subsection (1), that is inconsistent with those regulations.

97. (1) Subsection 30 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, is amended by striking out the portion before clause (a) and substituting the following:

(1) The Minister responsible for the administration of this Act may make regulations,

. . . . .

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 30 (1) of the Act, as that subsection read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 30 (1) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

Land Titles Act

98. The definition of "regulations" in section 1 of the Land Titles Act is repealed and the following substituted:

"regulations" means the regulations made under this Act and paragraph 7 of subsection 102 (1) or section 103 of the Registry Act. ("règlements")

99. Subsection 3 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may by regulation,

. . . . .

100. Subsection 4 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) The Minister may by regulation,

. . . . .

101. Section 5 of the Act is repealed and the following substituted:

Representatives of land registrars

5. A land registrar appointed for a land titles division may appoint public servants within the meaning of the Public Service Act as representatives of the land registrar, to whom the land registrar may delegate the powers and duties under this Act that the land registrar specifies.

102. Section 8 of the Act is amended by striking out "the Lieutenant Governor in Council" in the ninth and tenth lines and substituting "the Minister".

103. Section 9 of the Act is repealed and the following substituted:

Director of Titles

9. (1) The Director of Land Registration may appoint a public servant within the meaning of the Public Service Act who is a barrister and solicitor to be the Director of Titles.

Representatives

(2) The Director of Titles may appoint public servants within the meaning of the Public Service Act as representatives of the Director, to whom the Director may delegate the powers and duties under this or any other Act that the Director specifies.

104. (1) Subsection 10 (2) of the Act is repealed.

(2) Subsection 10 (4) of the Act is repealed and the following substituted:

Place for hearing

(4) A hearing held under this Act may be held at the local land registry office, the office of the Director of Titles or some other location in Ontario that the hearing officer chooses, having regard to the circumstances of the case.

(3) Subsection 10 (7) of the Act is amended by striking out "prescribed" at the end and substituting "required".

105. Section 13 of the Act is repealed.

106. (1) Subsection 14 (1) of the Act is repealed and the following substituted:

Examiner of surveys

(1) There shall be an examiner of surveys whom the Director of Land Registration appointed under the Registry Act shall appoint.

(2) Subsection 14 (3) of the Act is amended by striking out "prescribed by the Lieutenant Governor in Council" in the seventh, eighth and ninth lines and substituting "otherwise required".

107. Section 15 of the Act is amended by striking out "Deputy Director of Titles" in the third and fourth lines and substituting "representative".

108. Section 17 of the Act is repealed.

109. Section 18 of the Act is repealed and the following substituted:

Office hours

18. (1) Every land registry office shall be kept open, for the hours that the Director of Land Registration by order specifies, on every day except,

(a) Saturday;

(b) Sunday;

(d) a day that the Director by order specifies.

Extension of time

(2) A day described in clauses (1) (a), (b), (c) or (d) shall be deemed to be a holiday for the purpose of clause 28 (i) of the Interpretation Act.

Registration of instruments

(3) The Director of Land Registration may by order specify the hours during which instruments may be received for registration; no instruments may be received for registration outside those hours except if,

(a) the Director by order specifies that instruments may be received for registration outside those hours; and

(b) the registrations are made in accordance with the conditions, if any, set out in the Director's order mentioned in clause (a).

Different hours

(4) The hours that the Director of Land Registration specifies under subsection (3) for receiving instruments for registration may be different from the hours that the Director specifies under subsection (1) for the opening of a land registry office.

Services when no registrations

(5) The Director of Land Registration may by order specify the services to be provided at land registry offices before or after the hours within which instruments are received for registration.

Scope of orders

(6) An order that the Director of Land Registration makes under this section may be limited to one or more land registry offices for one or more land titles divisions.

Not regulations

(7) An order that the Director of Land Registration makes under this section is not a regulation within the meaning of the Regulations Act.

110. Subsection 20 (1) of the Act is amended by striking out "under the seal of his or her office" in the second and third lines.

111. Section 22 of the Act is amended by striking out "officer" in the first line and substituting "representative".

112. Subsection 23 (2) of the Act is repealed.

113. Section 26 of the Act is repealed and the following substituted:

Appeal to court

26. A party to a hearing held under this Act may appeal the decision or order of the Director of Land Registration, Director of Titles or land registrar to the court within 30 days of the date of the decision or order, as the case may be, and the appeal shall be by way of a new trial.

114. Section 27 of the Act is amended by striking out "the prescribed time" in the fourth line and substituting "30 days of the date of the decision".

115. (1) Subsection 31 (5) of the Act is amended by striking out "The Lieutenant Governor in Council" in the first line and substituting "The Minister".

(2) Subsection 31 (6) of the Act is amended by striking out "the Director of Land Registration" in the second and third lines and substituting "the Minister".

116. (1) Subsection 32 (1) of the Act is amended by adding "or the orders made under subsection (4)" after "regulations" in the third line.

(2) Subsection 32 (4) of the Act is repealed and the following substituted:

Orders governing registration

(4) The Director of Land Registration may make orders governing the registration of land under subsection (1) and the procedure to be followed in connection with the registration, including the notices to be given to owners and encumbrancers.

Not regulations

(5) An order made by the Director of Land Registration under subsection (4) is not a regulation within the meaning of the Regulations Act.

(3) Despite subsection (2), regulations made under subsection 32 (4) of the Act, as it read immediately before subsection (2) comes into force, continue until the Director of Land Registration makes an order under subsection 32 (4) of the Act, as re-enacted by subsection (2), that is inconsistent with those regulations.

(4) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 32 (4) of the Act, as it read immediately before subsection (2) comes into force, if the Director of Land Registration makes an order under subsection 32 (4) of the Act, as re-enacted by subsection (2), that is inconsistent with those regulations.

117. Section 35 of the Act is repealed and the following substituted:

Entry of writs against patentee

35. Upon making an entry of ownership for land granted to a patentee, the land registrar shall, unless the land is free grant or otherwise exempt from execution,

(a) search against the patentee for writs of execution and other liens in the electronic database that the sheriff, who has territorial jurisdiction for the land titles division where the land registrar made the entry, maintains for writs of execution and liens; and

(b) make an entry against the land of the writs of execution and other liens, if any, affecting the land.

118. Subsection 46 (2) of the Act is repealed and the following substituted:

Application for absolute title

(2) The registered owner of land with a qualified title may apply to the land registrar to be registered as owner of the land with an absolute title.

Forms and procedure

(3) The applicant shall complete the prescribed forms for the application and comply with the procedure that the Director of Titles specifies.

Hearing

(4) The Director of Titles may hear and determine the objections, if any, to the application.

Time of registration

(5) The land registrar shall not grant an application under subsection (2) unless all objections have been withdrawn or have been finally disposed of and,

(a) the Director of Titles is satisfied that the estate, right or interest in respect of which the title is qualified is no longer capable of enforcement; or

(b) the Director of Titles is prepared to accept a bond or covenant from the applicant in accordance with section 55.

119. Subsection 47 (3) of the Act is amended by striking out "the prescribed fees" in the fifth line and substituting "the required fees".

120. Subsection 57 (10) of the Act is amended by striking out "twenty" in the fifth line and substituting "30".

121. Section 63 of the Act is amended by striking out "or administrator" in the third line and substituting "administrator or estate trustee".

122. (1) Subsection 64 (3) of the Act is amended by striking out "an affidavit" in the sixth line and substituting "a statement".

(2) Subsection 64 (4) of the Act is amended by striking out "an affidavit" in the fourth line and substituting "a statement".

123. Subsection 70 (2) of the Act is repealed and the following substituted:

Registration

(2) A power of attorney or a notarial or certified copy of it may be registered in the prescribed manner.

124. Section 71 of the Act is amended by adding the following subsection:

Agreement of purchase and sale

(1.1) An agreement of purchase and sale or an assignment of that agreement shall not be registered, but a person claiming an interest in registered land under that agreement may register a caution under this section on the terms specified by the Director of Titles.

125. Section 76 of the Act is amended by striking out "prescribed" in the fifth line and substituting "specified".

126. (1) Subsection 78 (1) of the Act is repealed and the following substituted:

Particulars of registration

(1) A land registrar who receives and accepts an instrument for registration shall number it consecutively in the order of receiving it and shall note on it the particulars of registration in the required manner.

Simultaneous receipt

(1.1) A land registrar who receives, at the same time, two or more instruments that affect the same land and that are capable of registration shall register them in the order requested by the person presenting them for registration.

(2) The English version of subsection 78 (2) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "of time" in the third line.

(3) Subsection 78 (3) of the Act is repealed and the following substituted:

When registration complete

(3) Registration of an instrument is complete when the land registrar has certified the instrument and its entry in the proper register in the required manner, and the instrument shall be deemed to have been registered on the day that the land registrar received it and in the order that the land registrar entered it in the proper register.

(4) Subsection 78 (5) of the Act is amended by striking out "time of registration" in the last line and substituting "order of their registration".

127. Section 79 of the Act is repealed.

128. (1) Subclause 81 (a) (ii) of the Act is repealed and the following substituted:

(ii) that contains or has attached to it material that does not, in the land registrar's opinion, affect or relate to an interest in land; and

. . . . .

(2) Clause 81 (b) of the Act is repealed and the following substituted:

(b) refrain from recording a part of a registered instrument where the part of the instrument does not, in the land registrar's opinion, affect or relate to an interest in land.

129. (1) Subsection 85 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may make regulations,

. . . . .

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 85 (2) of the Act, as it read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 85 (2) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

130. (1) Subsection 93 (2) of the Act is repealed and the following substituted:

Statement of principal

(2) A charge that secures the payment of money shall state the amount of the principal sum that it secures.

(2) Subsection 93 (4) of the Act is amended by inserting "estate trustees" after "administrators" in the second line and by striking out "or administrators" in the fifteenth line and substituting "administrators or estate trustees".

(3) Subsection 93 (5) of the Act is amended by striking out "upon the authorization of the parties thereto or their solicitors" in the third, fourth and fifth lines.

(4) Subsections 93 (6) and (7) of the Act are repealed.

131. (1) Sections 94, 95, 96, 97 and 98 of the Act are repealed.

(2) Despite subsection (1), sections 94, 95, 96 and 97 of the Act, as they read immediately before that subsection comes into force, continue to apply to a charge of registered land that was executed,

(a) before September 6, 1984, in the case of land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of land elsewhere in Ontario.

132. (1) Subsection 99 (1) of the Act is amended by striking out "upon production of evidence satisfactory to the land registrar" in the third and fourth lines and substituting "upon registering the evidence specified by the Director of Titles".

(2) Section 99 of the Act is amended by adding the following subsection:

Compliance with Mortgages Act

(1.1) The evidence specified by the Director of Titles under subsection (1) is conclusive evidence of compliance with Part III of the Mortgages Act and, where applicable, with Part II of thatAct and, upon registration of a transfer under that subsection, is sufficient to give a good title to the purchaser.

133. Subsection 102 (1) of the Act is amended by striking out "the prescribed manner" in the eleventh line and substituting "the required manner".

134. Subsection 103 (1) of the Act is amended by striking out "the prescribed manner" in the sixth and seventh lines and substituting "the required manner".

135. (1) Section 110 of the Act is repealed.

(2) Despite subsection (1), subsection 110 (1) of the Act, as it read immediately before that subsection (1) of this section comes into force, continues to apply to a transfer of registered leasehold land that was executed,

(a) before September 6, 1984, in the case of land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of land elsewhere in Ontario.

136. (1) Subsections 111 (4) and (5) of the Act are repealed and the following substituted:

Documents to deliver

(4) The applicant shall deliver to the land registrar,

(a) a notice of the lease or agreement setting out the particulars of it;

(b) a notice accompanied by the lease or agreement; or

Effect of registration

(5) When notice of a lease or an agreement for lease is registered in respect of land, every registered owner of the land and every person deriving title through the registered owner, except owners of encumbrances registered before the registration of the notice, shall be deemed to have knowledge of the document that the applicant delivered to the land registrar under subsection (4) as an encumbrance on the land.

(2) Subsection 111 (6) of the Act is amended by adding the following clause:

(a.1) an amendment of the lease.

137. Sections 113, 114, 115, 116 and 117 of the Act are repealed.

138. Subsection 118 (3) of the Act is amended by striking out "as are prescribed" in the fourth line and substituting "that are required".

139. Section 121 of the Act is repealed and the following substituted:

Transmission on death of owner

121. On the death of the sole registered owner or of the survivor of several joint registered owners of leasehold land or of a charge, the executor, administrator or estate trustee of the deceased is entitled to be registered as owner in the place of the deceased.

140. Subsection 126 (1) of the Act is amended by inserting "estate trustee" after "administrator" in the third line.

141. (1) Subsection 127 (1) of the Act is repealed and the following substituted:

Registration of devisees etc.

(1) A person claiming to be entitled to freehold or leasehold land, or to an interest in it capable of being registered, or to a charge as devisee, heir, executor, administrator or estate trustee of a person who might have been registered under section 66, or a person claiming through the person claiming to be so entitled may apply to be registered as owner of the land, interest or charge and, if no conflicting registration has been made, may be so registered subject to section 66 and this section.

(2) The English version of subsection 127 (2) of the Act is amended by striking out "or administrator" in the eleventh line and substituting ", administrator or estate trustee".

142. (1) Subsections 128 (4) and (5) of the Act are repealed and the following substituted:

Expiry

(4) A caution registered under this section after section 142 of the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997 comes into force ceases to have effect 60 days from the date of its registration and may not be renewed.

(2) Subsection 128 (4) of the Act, as enacted by subsection (1), is amended by striking out "after section 142 of the Red Tape Reduction Act (Ministry of Consumer and CommercialRelations), 1997 comes into force" and substituting "on or after" followed by the date that section 142 comes into force.

143. (1) Subsections 129 (2), (3) and (4) of the Act are repealed and the following substituted:

Notice of caution

(2) After registering a caution, the cautioner shall serve a copy of the caution and a notice containing the particulars of its registration on the registered owner of the land and all other persons having an interest in the land or the charge against which the caution was registered.

Application

(3) In the case of a caution registered before section 142 of the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997 comes into force, the registered owner of the land or any other person having an interest in the land or the charge against which the caution was registered is entitled, on application to the land registrar, to have the land registrar delete the entry of the caution from the register if the applicant has served a notice of the application on the cautioner at least 60 days before making the application.

(2) Subsection 129 (3) of the Act, as re-enacted by subsection (1), is amended by striking out "section 142 of the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997 comes into force" and substituting the date that section 142 comes into force.

(3) Subsection 129 (7) of the Act is repealed and the following substituted:

Deletion from register

(7) A land registrar shall delete the entry of a caution from the register as soon as practicable when,

(a) the caution ceases to have effect; or

(b) the land registrar receives a withdrawal of the caution in the prescribed form.

144. (1) Section 134 of the Act is repealed.

(2) A caution registered under section 71, 128 or 134 of the Act or a predecessor of those sections before subsection (1), section 124 and section 142 of this Act come into force ceases to have effect,

(a) five years from the date that subsection (1), section 124 and section 142 come into force, if the date that the caution ceases to have effect is not specified inthe caution or by subsection 128 (4) of the Act, as it read immediately before section 142 comes into force; or

(b) if there is a date specified in the caution or by subsection 128 (4) of the Act, as it read immediately before section 142 comes into force, the earlier of that date and five years from the date of registration of the caution.

145. (1) Subsections 136 (1), (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Notice of executions

(1) Despite section 3 of the Bail Act and subsection 18 (4) of the Legal Aid Act, a sheriff to whom a writ of execution, a renewal of a writ of execution or a certificate of lien under either of those Acts is directed shall, upon receiving from or on behalf of the judgment creditor the required fee and instructions to do the actions described in clauses (a) and (b), forthwith,

(a) enter the writ, renewal or certificate of lien, as the case may be, in the electronic database that the sheriff maintains for writs of execution;

(b) indicate in the electronic database that the writ, renewal or certificate of lien, as the case may be, affects land governed by this Act;

(c) assign a number in the electronic database consecutively to each writ, renewal and certificate of lien in the order of receiving it;

(d) note in the electronic database the date of receiving each writ, renewal and certificate of lien; and

(e) give the land registrar of each land titles division wholly or partially within the sheriff's territorial jurisdiction access to the electronic database.

When land is bound

(2) No registered land is bound by any writ of execution, renewal or certificate of lien mentioned in subsection (1) until the sheriff has complied with that subsection.

Transfer void

(3) No sale or transfer under a writ of execution or certificate of lien mentioned in subsection (1) is valid as against a person purchasing for valuable consideration before the sheriff has complied with that subsection, although the purchaser may have had notice of the writ or certificate of lien, as the case may be.

(2) Subsections 136 (6) and (7) of the Act are repealed and the following substituted:

Different name on writ

(6) A writ of execution or certificate of lien mentioned in subsection (1) has no effect under this Act if it is issued against the registered owner under a different name from that under which the owner is registered.

Where writ not binding

(7) A writ of execution, renewal or certificate of lien mentioned in subsection (1) does not bind land being transferred or charged as against the transferee or chargee if the land registrar,

(a) decides that the name of the execution debtor appearing in the writ, renewal or certificate of lien, as the case may be, and the name of the registered owner as it appears in the records of the land registry office of the land registrar do not represent the same person; and

(b) does one of the following:

1. Issues a certificate to the effect that the land registrar has made the decision described in clause (a).

2. In the case of a transfer, registers the transfer free of the writ, renewal or certificate of lien, as the case may be.

(3) Subsection 136 (9) of the Act is repealed.

146. (1) Subsection 141 (2) of the Act is amended by striking out "prescribed" in the second line and substituting "required".

(2) Subsection 141 (3) of the Act is repealed and the following substituted:

Property maps

(3) The Director shall, in the required manner, prepare property maps showing all properties and prepare all other maps as are required.

(3) Subsection 141 (4) of the Act is amended by striking out "prescribed" in the second line and substituting "required".

(4) Subsection 141 (5) of the Act is amended by striking out "prescribed" in the first and second lines and substituting "required".

(5) Subsection 141 (6) of the Act is repealed and the following substituted:

Other indexes and records

(6) The land registrar shall, in the required manner, maintain all other indexes and records as are required.

(6) Subsection 141 (7) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "prescribed" in the third line and substituting "required".

147. (1) Subsection 142 (1) of the Act is repealed.

(2) Clause 142 (3) (b) of the Act is repealed and the following substituted:

(b) one of a specified class of instruments.

148. Subsection 144 (3) of the Act is amended by striking out "The Lieutenant Governor in Council" in the first line and substituting "The Minister".

149. Subsection 158 (2) of the Act is repealed and the following substituted:

Correction of errors

(2) Subject to the regulations, before receiving any conflicting instruments or after notifying all persons interested, the land registrar may correct errors and supply omissions in the register, or in an entry in it, upon the evidence that appears sufficient to the land registrar.

150. (1) Section 163 of the Act is repealed and the following substituted:

Regulations

163. (1) The Minister may make regulations,

1. prescribing any matter, other than forms, that this Act directs or authorizes to be prescribed;

2. governing the precautions to be taken, the instruments to be used, the notices to be given, and the evidence to be adduced in all proceedings under this Act or in connection with registrations under this Act, other than registrations under section 32 or 99 and proceedings under section 46;

3. requiring the information in connection with any form, evidence or procedure under this Act to be verified by affidavit, declaration or statement;

4. governing standards and procedure for surveys and plans of registered land;

5. governing the assessment of costs and the persons by whom the costs are to be paid;

6. specifying the costs that solicitors may charge the Minister in registering land or for any matter incidental to or consequential on the registration of land or for any other matter required to be done for the purpose of carrying out this Act;

7. requiring that the costs mentioned in paragraph 6 be payable by commission, percentage or otherwise, and bear a certain proportion to the value of the land registered or be determined on such other principle as is expedient;

8. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, other than matters mentioned in subsection (2) and section 18 or 163.1.

Director's regulations

(2) The Director of Land Registration may make regulations prescribing forms and providing for their use.

Minister's orders

163.1 (1) The Minister may make orders,

1. specifying the functions of land registrars relating to the first registration of land under this Act, and specifying which of the functions shall be performed by the Director of Titles or the Director of Land Registration;

2. specifying the duties that are to be performed by the Director of Titles, the land registrar and other officers, and the duties of the Director of Titles and of the land registrars that may be performed by other officers;

3. specifying the manner in which land is to be divided into blocks and properties;

4. specifying the manner in which property maps and other maps are to be prepared and maintained, and specifying those other maps;

5. specifying the manner in which property identifiers are to be assigned;

6. specifying the manner in which the abstract index is to be created and maintained;

7. specifying other indexes and records and the manner in which they are to be maintained for the purpose of subsection 141 (6);

8. specifying the manner in which instruments are to be entered for the purpose of subsection 141 (7);

9. specifying classes of instruments for the purpose of clause 142 (3) (b);

10. specifying the form and manner in which entries in the records of land registry offices are to be made;

11. specifying the manner in which instruments and entries in the register are to be certified at registration;

12. governing the mode in which the register is to be made and kept;

13. governing the mode in which any special register is to be made and kept;

14. specifying methods and standards for computer entry, storage and retrieval of information;

15. governing the custody, disposition and destruction of instruments and records of land registry offices;

16. specifying the manner in which instruments, books, public records and facsimiles of them are to be produced for inspection;

17. specifying the manner in which copies of instruments, books and public records are to be produced and certified;

18. requiring that printed copies of the parcel register relating to land in the parts of Ontario designated under Part II of the Land Registration Reform Act be produced at specified times and specifying the times at which they are to be produced;

19. specifying the amount of fees payable under this Act, having regard to,

(i) in the case of the registration of land or of a transfer of land on the occasion of a sale, the value of the land as determined by the amount ofpurchase money or the value of it to be ascertained in the manner specified in the order,

(ii) in the case of registration of a charge or of a transfer of a charge, the amount of the charge;

20. specifying the manner in which fees under this Act are to be paid, authorizing land registrars to require the prepayment of classes of fees by cash deposits and specifying classes of fees for that purpose;

21. specifying classes of users who may pay fees under this Act by means of credit accounts rather than on the basis of prepayment or payment at the time the service is rendered;

22. requiring land registrars to assign to persons who ask to search the records of the land registry office account numbers and other identification to enable them to do so.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

Scope of regulations and orders

163.2 The application of any provision of a regulation made under section 163 or an order made under section 163.1 may be limited to one or more land titles divisions or one or more part or parts of a land titles division or divisions.

(2) Despite subsection (1), regulations made under clause 163 (1) (a), (c), (e), (f), (g) or (i) or clause 163 (2) (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) or (p) of the Act, as those clauses read immediately before subsection (1) comes into force, continue until the Minister makes an order under section 163.1 of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 163 (1) (a), (c), (e), (f), (g) or (i) or clause 163 (2) (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) or (p) of the Act, as those clauses read immediately before subsection (1) comes into force, if the Minister makes an order under section 163.1 of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 163 (1) (b), (d), (h), (j), (k) or (l) of the Act, as those clauses read immediately before subsection (1) comes into force, if,

(a) the Minister makes a regulation under subsection 163 (1) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations; or

(b) the Director of Land Registration makes a regulation under subsection 163 (2) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations.

151. Section 164 of the Act is amended by striking out "section 103 of the Registry Act" in the fourth and fifth lines and substituting "paragraph 7 of subsection 102 (1) of the Registry Act or section 103 of that Act".

152. (1) Subsections 165 (2) and (3) of the Act are repealed.

(2) Subsection 165 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 86, is further amended by striking out the portion before clause (a) and substituting the following:

(4) Upon receiving the required fee, if any, and a written request where a fee is required, the land registrar shall, in the required manner,

. . . . .

(3) The English version of subsection 165 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 86, is further amended by striking out the portion after clause (c).

153. Section 168 of the Act is repealed.

Limited Partnerships Act

154. Subsection 3 (4) of the Limited Partnerships Act is repealed and the following substituted:

Subsequent filing

(4) A limited partnership is not dissolved if a declaration expires, but an additional fee in the required amount is payable for the subsequent filing of a new declaration.

155. Section 23.2 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 87, is amended by striking out "prescribed fee" in the third line and substituting "required fee".

156. Section 25 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 87, is further amended by adding the following subsection:

Exemption

(6.2) Subsections (4), (5) and (6) do not apply to an extra-provincial limited partnership formed in another Canadian jurisdiction that has an office or other place of business in Ontario.

157. The Act is amended by adding the following section:

Powers of Minister

35.1 The Minister may by order require the payment of fees for search reports, copies of documents or information, the filing of documents or other services under this Act and may approve the amount of those fees.

158. (1) Clause 36 (a) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 36 (a) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 35.1 of the Act, as enacted by section 157, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 36 (a) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 35.1 of the Act, as enacted by section 157, that is inconsistent with those regulations.

Liquor Licence Act

159. (1) Clauses 6 (2) (b) and (c) of the Liquor Licence Act are repealed.

(2) Subsection 6 (2) of the Act is amended by striking out "subsection (4)" in the first line and substituting "subsection (4) or (4.1)".

(3) Subsection 6 (4) of the Act is repealed and the following substituted:

Prohibition

(4) A licence to sell liquor shall not be issued,

(a) to a manufacturer; or

(b) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor or to sell the liquor of a manufacturer exclusive of any other manufacturer.

Same

(4.1) Subject to subsection (4.2), a licence to sell liquor shall not be issued,

(a) to a person who is under agreement with any person to sell the liquor of any manufacturer;

(b) to a person who is associated or connected with a manufacturer or financially interested in a manufacturer as to be likely to promote the sale of liquor of that manufacturer;

(c) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor of any manufacturer;

(d) to a person for premises in which a manufacturer has an interest, whether freehold or leasehold, or by way of mortgage or charge or other encumbrance, or by way of mortgage, lien or charge upon any personal property in the premises and whether the interest is direct or indirect or contingent or by way of suretyship or guarantee; or

(e) to a person in respect of a business in which a manufacturer has an interest by way of a franchise agreement.

Exception

(4.2) The Board may issue a licence to sell liquor to an applicant mentioned in subsection (4.1) even if there is a financial relationship between the applicant and a manufacturer once the Board has considered the nature and extent of the financial relationship and it is not contrary to the public interest to issue the licence.

160. (1) Clause 7 (1) (b) of the Act is repealed and the following substituted:

(b) in any other manner approved by the Board.

(2) Subsection 7 (2) of the Act is amended by striking out "subsection 6 (4)" in the fourth line and substituting "subsection 6 (4) or (4.1)".

161. (1) Clause 8 (2) (a) of the Act is amended by striking out "subsection 6 (2) or (4)" in the second and third lines and substituting "subsection 6 (2), (4) or (4.1)".

(2) Subsection 8 (4) of the Act is repealed and the following substituted:

Objections

(4) If, after giving notice of an application under subsection 7_(1), the Board receives one or more written objections to the application from the residents of the municipality within the time for making submissions, the member shall consider the objections and may,

(a) call a public meeting;

(b) direct that a proposal to review the application be issued; or

(i) the member is of the opinion that the objections are frivolous or vexatious, and

(ii) the applicant is not otherwise disentitled under the Act.

(3) Subsection 8 (5) of the Act is amended by striking out "subsection 6 (4)" in the fourth line and substituting "subsection 6 (4) or (4.1)".

162. Clause 9 (5) (a) of the Act is amended by striking out "subsection 6 (2) or (4) in second and third lines and substituting "subsection 6 (2), (4) or (4.1).

163. Subsection 15 (1) of the Act is amended by striking out "subsection 6 (2) or (4)" in the fifth line and substituting "subsection 6 (2), (4) or (4.1)".

164. Subsection 17 (2) of the Act is amended by striking out "subsection 6 (4)" at the end and substituting "subsection 6 (4) or (4.1).

165. Clause 19 (2) (a) of the Act is amended by striking out "subsection 6 (4)" in the fourth line and substituting "subsection 6 (4) or (4.1).

166. Section 20 of the Act is amended by adding the following subsection:

Exception

(4) If a member of the Board is satisfied that there has been a significant change in the circumstances on which the board based an order disqualifying the premises under subsection (2), the Board may rescind the order for the purpose of issuing a permit under section 19.

167. Section 51 of the Act is repealed and the following substituted:

Analyst's certificate or report

51. A certificate or report purporting to be signed by a federal or provincial analyst as to the composition of any liquor or any other substance is admissible in evidence in any proceeding under this Act, and in the absence of evidence to the contrary, is proof of the information set out in the certificate or report and of the authority of the person giving it or making it, without proof of the appointment or signature of the person.

Loan Brokers Act, 1994

168. Section 1 of the Loan Brokers Act, 1994 is amended by adding the following definitions:

"Director" means the Director within the meaning of the Ministry of Consumer and Commercial Relations Act; ("directeur")

"Tribunal" means The Commercial Registration Appeal Tribunal. (Commission)

169. The Act is amended by adding the following sections:

Cease and desist order

11.1 (1) If the Director believes on reasonable and probable grounds that any person has contravened subsection 2 (1), section 3 or subsection 4 (5) or 11 (3) of the Act, the Director may order the person to cease and desist from doing anything that contravenes those provisions.

Service

(2) The Director shall serve the order, together with written reasons for it, on the person named in it.

Statement

(3) The order shall state that the person named in the order may request a hearing before the Tribunal by mailing or delivering a written request for a hearing to the Director and the Tribunal within 15 days after service of the order.

Effect

(4) The order takes effect immediately on being served on the person named in it.

Compliance with order

(5) A person named in the order shall comply with it.

Hearing

11.2 (1) If, within the allowed time, a person who is served with an order under section 11.1 requests a hearing by the Tribunal, the Tribunal shall schedule and hold the hearing.

Stay of order

(2) If a person requests a hearing under subsection (1), the Tribunal may stay the order until it confirms or sets aside the order.

Parties

(3) The Director, the person who requested the hearing and any other person whom the Tribunal specifies are parties to the hearing.

Powers of Tribunal

(4) In making a decision, the Tribunal may,

(a) confirm the Director's order;

(b) confirm the Director's order with the amendments that the Tribunal considers proper to give effect to the purpose of the Act, including a direction to a loan broker named in the order to make a refund or return the security under subsection 4 (5); or

Order of Tribunal

(5) For the purposes of subsection (6) and clause 13 (1) (a) of the Act and section 19 of the Statutory Powers Procedure Act, a decision by the Tribunal confirming the order of the Director, with or without amendments, shall be deemed to be an order of the Tribunal.

Stay of order

(6) Even if the person named in the order of the Tribunal appeals it under section 11 of the Ministry of Consumer and Commercial Relations Act, the order takes effect immediately but the Tribunal may grant a stay of the order until the disposition of the appeal.

Service of order

11.3 (1) An order under section 11.1 is sufficiently served if delivered personally or sent by registered mail addressed to the person to whom service is required to be made at the person's last known business address.

Registered mail

(2) An order sent by registered mail shall be deemed to have been served on the third day after the day of mailing, unless the person being served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the order until a later date.

Exception

(3) Despite subsection (1), the Tribunal may order any other method of service in respect of a matter before the Tribunal.

170. Subsection 13 (1) of the Act is repealed and the following substituted:

Offence

(1) Every person is guilty of an offence who,

(a) knowingly fails to comply with any order made under this Act;

(b) contravenes subsection 2 (1), section 3 or subsection 4 (5) or 11 (3).

Marriage Act

171. Section 19 of the Marriage Act is repealed and the following substituted:

19. If the regulations prescribe a form setting out the relationships by consanguinity or adoption that, under the Marriage (Prohibited Degrees) Act (Canada), bar the lawful solemnization of marriage, the form shall be endorsed on the licence and on the proof of publication of banns.

172. Clause 34 (f) of the Act is repealed and the following substituted:

(f) prescribing a form setting out the relationships by consanguinity or adoption that, under the Marriage (Prohibited Degrees) Act (Canada), bar the lawful solemnization of marriage.

173. The Form to the Act, as amended by Ontario Regulation 726/91, section 1, is repealed.

Mortgages Act

174. Section 35 of the Mortgages Act is repealed and the following substituted:

Statutory declarations conclusive

35. Subject to the Land Titles Act and except where an order is made under section 39, a document that contains all of the following is conclusive evidence of compliance with this Part and, where applicable, with Part II, and is sufficient to give a good title to the purchaser:

1. A statutory declaration by the mortgagee or the mortgagee's solicitor or agent as to default.

2. A statutory declaration proving service, including production of the original or a notarial copy of the post office receipt of registration, if any.

3. A statutory declaration by the mortgagee or the mortgagee's solicitor that the sale complies with this Part and, where applicable, with Part II.

Motor Vehicle Dealers Act

175. Subsection 2 (1) of the Motor Vehicle Dealers Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Motor Vehicle Dealers and Salesmen.

Ontario New Home Warranties Plan Act

176. Section 3 of the Ontario New Home Warranties Plan Act is amended by adding the following subsections:

Deputy Registrars

(2) The Corporation may appoint one or more Deputy Registrars who have and may exercise the powers and duties of the Registrar that the Registrar specifies.

References to Registrar

(3) If the Registrar so specifies, references in this Act and the regulations to the Registrar shall be deemed to refer to a Deputy Registrar.

177. The Act is amended by adding the following section:

Liability of vendor

15.1 For the purposes of sections 13 and 14, a person, who at any time has registered as a vendor under this Act with respect to a home, for which the builder has complied with section 12 and has substantially completed the construction, shall be deemed to be a vendor of the home even if another person sells the home to an owner or completes a transaction to sell the home to an owner.

178. Section 21 of the Act is repealed and the following substituted:

Certificate of evidence

21. The following statements are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in them for all purposes in any proceeding or prosecution, without the need for proving the office or signature of the Registrar, if the statements purport to be certified by the Registrar:

1. A statement as to the registration or non-registration of any person.

2. A statement as to the filing or non-filing of any document or material required or permitted to be filed with the Corporation.

3. A statement as to any other matter pertaining to a registration, non-registration, filing or non-filing of any person.

179. Clause 23 (1) (b) of the Act is repealed and the following substituted:

(b) prescribing the terms and conditions of registration.

Paperback and Periodical Distributors Act

180. Subsection 2 (1) of the Paperback and Periodical Distributors Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the registrar of paperback and periodical distributors.

181. The Act is amended by adding the following section:

Power of Minister

15.1 The Minister may by order require the payment of fees for registration as a distributor or maintenance of registration under this Act and may approve the amount of those fees.

Personal Property Security Act

182. The definitions of "financing change statement" and "financing statement" in subsection 1 (1) of the Personal Property Security Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, are repealed and the following substituted:

"financing change statement" means the information required for a financing change statement in the required form or format; ("état de modification du financement")

"financing statement" means the information required for a financing statement in the required form or format. ("état de financement")

183. (1) Subsection 43 (1) of the Act is amended by striking out "the prescribed fee" in the fifth line and substituting "the required fee".

(2) Subsection 43 (4) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is repealed and the following substituted:

Certified copies

(4) If the financing statement or financing change statement is registered as a document in the required form, a person may require that the registrar furnish a certified copy of the registered statement and, upon payment of the required fee, the registrar shall furnish it to the person.

184. Subsection 43.1 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 13, section 2, is amended by striking out "the prescribed fee" in the fourth line and substituting "the required fee".

185. (1) Subsections 44 (8), (9), (10), (11), (12), (13) and (14) of the Act are repealed and the following substituted:

Duty of registrar

(8) Within 90 days of receiving an application for compensation, the registrar shall determine the claimant's entitlement to compensation and advise the claimant of the decision.

Hearing

(9) The registrar may hold a hearing to determine the claimant's entitlement to compensation but shall not determine that the claimant is not entitled to a payment out of the Assurance Fund until after having held a hearing.

Claim accepted

(10) If the registrar decides that the claimant is entitled to a payment out of the Assurance Fund, the registrar shall make an offer of settlement in satisfaction of the claim to the claimant within 30 days of making the decision.

Costs

(11) The offer of settlement may include an award of costs if the registrar considers it appropriate.

Confirmation of decision

(12) A decision under subsection (8) shall be deemed to be confirmed at the expiration of 30 days from the date of mailing of the decision to the claimant, unless the claimant serves a notice of application under subsection (14) on the registrar within that time.

Application to court

(13) If the registrar does not determine the claimant's entitlement to compensation within 90 days of receiving an application for compensation, the claimant may apply to theOntario Court (General Division) and the court may order that the compensation set out in the order be paid to the claimant.

Same

(14) A claimant who is dissatisfied with a decision under subsection (8) may apply to the Ontario Court (General Division) within 30 days of the mailing of the decision to the claimant and the court may order that the decision be set aside and that the compensation set out in the order be paid to the claimant.

(2) Despite subsection (1), subsections 44 (8), (9), (10), (11), (12), (13) and (14) of the Act, as they read immediately before subsection (1) comes into force, continue to apply with respect to decisions or offers of settlement that the registrar has made before subsection (1) comes into force.

186. (1) Subsection 46 (1) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "the prescribed form" in the second and third lines and substituting "the required form".

(2) Subsection 46 (2) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "a prescribed format" in the second and third lines and substituting "a required format".

(3) Subsection 46 (2.1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is repealed and the following substituted:

Format of statement

(2.1) A financing statement or financing change statement to be tendered for registration shall contain the required information and shall be in the form of,

(a) a document in the required form; or

(b) data presented in a required format.

(4) Subsection 46 (2.2) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "a prescribed format" in the second and third lines and substituting "a required format".

(5) Subsection 46 (2.3) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "a prescribed format" in the second and third lines and substituting "a required format".

(6) Clauses 46 (6) (a) and (b) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, are repealed and the following substituted:

(a) a copy of the registered statement or a copy of a verification statement, if the statement was registered as a document in the required form; or

(b) a copy of a verification statement, if the statement was registered as data in a required format.

187. (1) Subsection 54 (1) of the Act is amended by striking out "the prescribed form" in the second line and substituting "the required form".

(2) Subsection 54 (4) of the Act is amended by striking out "the prescribed form" in the third line and substituting "the required form".

188. Section 70 of the Act is amended by striking out "a time prescribed" in the third line and substituting "a required time".

189. The Act is amended by adding the following section:

Powers of Minister

73.1 (1) The Minister responsible for the administration of this Act may make orders,

(a) designating branch offices;

(b) specifying business hours for the offices of the registration system or any of them;

(d) requiring the payment of fees, other than fees mentioned in subsection 74 (1), and specifying the amounts of those fees;

(e) specifying forms, the information to be contained in forms, the manner of recording the information, including the manner of setting out names, and the persons who shall sign forms;

(f) governing the format or formats of financing statements or financing change statements that are in the form of data, the format or formats of verification statements and the information to be included in the statements;

(g) governing the tendering for registration of financing statements and financing change statements that are presented as data in a required format;

(h) governing the tendering for registration of financing statements and financing change statements by direct electronic transmission;

(i) requiring that the forms to be used shall be those provided or approved by the registrar;

(j) governing the time assigned to the registration of financing statements and financing change statements;

(k) specifying abbreviations, expansions or symbols that may be used in a financing statement or financing change statement or in the recording or production of information by the registrar;

(l) fixing the address to which financing statements and financing change statements shall be addressed when tendered by mail for registration;

(m) specifying a lexicon of French-English terms to be used in connection with required forms and deeming the corresponding forms of expression in the lexicon to have the same effect in law.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

190. (1) Subsection 74 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 44, section 7, is repealed and the following substituted:

Regulations

(1) The Lieutenant Governor in Council may make regulations,

(a) prescribing the duties of the registrar and branch registrars;

(b) prescribing the amount of the charge to which a secured party is entitled for any statement or copy provided pursuant to section 18;

(c) prescribing the portion of the fees received under this Act that shall be paid into The Personal Property Security Assurance Fund under section 44;

(d) specifying additional methods of serving notices and other documents for the purposes of section 68 and specifying methods of serving notices and other documents on persons not referred to in section 68;

(e) defining "motor vehicle".

(2) Despite subsection (1), regulations made under clause 74 (1) (a), (c), (d), (e), (g), (g.1), (g.2), (g.3), (h), (i), (j), (k) or (o) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 73.1 of the Act, as enacted by section 189, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 74 (1) (a), (c), (d), (e), (g), (g.1), (g.2), (g.3), (h), (i), (j), (k) or (o) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 73.1 of the Act, as enacted by section 189, that is inconsistent with those regulations.

191. (1) Subsection 80 (1) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(2) Subsection 80 (2) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

Real Estate and Business Brokers Act

192. Subsection 2 (1) of the Real Estate and Business Brokers Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Real Estate and Business Brokers.

193. The Act is amended by adding the following section after the heading before section 47 of the Act:

Consumer protection programs

46.1 If an administrative authority is designated under the Safety and Consumer Statutes Administration Act, 1996 to administer this Act, the board of the administrative authority may, with the prior approval of the Minister,

(a) pass by-laws to establish consumer protection programs; and

(b) require that a person registered under this Act participate in any consumer protection program established under clause (a).

194. Clauses 52 (f) and (i) of the Act are repealed.

Registry Act

195. Section 3 of the Registry Act is amended by striking out "prescribed" in the fourth line and substituting "specified".

196. (1) Subsection 4 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may by regulation,

. . . . .

(2) Subsection 4 (2) of the Act is further amended by adding the following clause:

(0.a) describing the registry divisions.

197. (1) Subsection 5 (1) of the Act is amended by striking out "Subject to subsection (2)" in the first line.

(2) Subsection 5 (2) of the Act is repealed.

198. (1) Subsection 6 (1) of the Act is amended by striking out "Minister" in the first line and substituting "Deputy Minister".

(2) The English version of subsection 6 (2) of the Act is amended by striking out "of Land Registration" in the first line.

(3) Subsections 6 (3) and (4) of the Act are repealed and the following substituted:

Powers of land registrars

(3) The Director or a representative of the Director may exercise any power or perform any duty of a land registrar under this or any other Act if of the opinion, having regard to the circumstances, that such action is necessary or appropriate.

199. Sections 8, 9, 10 and 11 of the Act are repealed and the following substituted:

Representatives of Director

8. The Director may appoint one or more public servants within the meaning of the Public Service Act as representatives of the Director, to whom the Director may delegate the powers and duties under this or any other Act that the Director specifies.

Appointment

9. (1) Subject to subsection (2), the Director may appoint public servants within the meaning of the Public Service Act as land registrars.

Number

(2) The Director shall appoint a land registrar for every registry division and every land titles division.

Form of appointment

(3) Every appointment mentioned in subsection (2) shall be for a specific division or divisions.

Representatives

(4) A land registrar for a registry division may appoint one or more public servants within the meaning of the Public Service Act as representatives to whom the land registrar may delegate the powers and duties under this Act that the land registrar specifies.

200. Section 13 of the Act is repealed and the following substituted:

Office hours

13. (1) Every land registry office shall be kept open, for the hours that the Director by order specifies, on every day except,

(a) Saturday;

(b) Sunday;

(d) a day that the Director by order specifies.

Extension of time

(2) A day described in clauses (1) (a), (b), (c) or (d) shall be deemed to be a holiday for the purpose of clause 28 (i) of the Interpretation Act.

Registration of instruments

(3) The Director may by order specify the hours during which instruments may be received for registration; no instruments may be received for registration outside those hours except if,

(a) the Director by order specifies that instruments may be received for registration outside those hours; and

(b) the registrations are made in accordance with the conditions, if any, set out in the Director's order mentioned in clause (a).

Different hours

(4) The hours that the Director specifies under subsection (3) for receiving instruments for registration may be different from the hours that the Director specifies under subsection (1) for the opening of a land registry office.

Services when no registrations

(5) The Director may by order specify the services to be provided at land registry offices before or after the hours within which instruments are received for registration.

Scope of orders

(6) An order that the Director makes under this section may be limited to one or more land registry offices for one or more registry divisions.

Not regulations

(7) An order that the Director makes under this section is not a regulation within the meaning of the Regulations Act.

201. Section 14 of the Act is repealed.

202. (1) Subsections 15 (1), (2) and (3) of the Act are repealed.

(2) Subsection 15 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 99, is further amended by striking out the portion before clause (a) and substituting the following:

(4) If the Minister has specified a fee, upon receiving the fee and a written request, the land registrar shall, in the required manner,

. . . . .

(3) The English version of subsection 15 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 99, is further amended by striking out the portion after clause (c).

203. (1) Subsections 17 (1) and (2) of the Act are repealed.

(2) Subsection 17 (4) of the Act is amended by striking out "the fee prescribed" in the second line and substituting "the required fee".

204. (1) Paragraphs 1, 2, 3, 4 and 8 of subsection 18 (6) of the Act are repealed and the following substituted:

1. Wills or notarial copies of them.

2. Letters probate or notarial copies of them.

3. Letters of administration or notarial copies of them.

4. General appointments of new trustees or notarial copies of those appointments.

. . . . .

8. Powers of attorney or revocations of them, or notarial copies of powers of attorney or those revocations.

(2) Subsection 18 (6) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding the following paragraphs:

16. Certificates of appointment of estate trustees or notarial copies of those certificates.

17. Certificates of appointment of statutory guardians under the Substitute Decisions Act, 1992 or notarial copies of those certificates.

(3) Subsection 18 (8) of the Act is amended by striking out "the prescribed form" in the second line and substituting "the required form".

205. (1) Subsection 20 (1) of the Act is amended by striking out "in the prescribed form" in the first and second lines and substituting "in the required form".

(2) Subsection 20 (2) of the Act is amended by striking out "in the prescribed manner" in the fourth line and substituting "in the required manner".

(3) Subsection 20 (3) of the Act is amended by striking out "The Lieutenant Governor in Council" in the first line and substituting "The Minister".

(4) Despite subsection (3), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 20 (3) of the Act, as that subsection read immediately before subsection (3) comes into force, if the Minister makes a regulation under subsection 20 (3) of the Act, as amended by subsection (3), that is inconsistent with those regulations.

206. (1) Subsection 21 (2) of the Act is amended by striking out "in the prescribed manner" in the first and second lines and substituting "in the required manner".

(2) Subsection 21 (3) of the Act is repealed and the following substituted:

Property maps

(3) The Director shall, in the required manner, prepare property maps showing all properties and prepare the other required maps.

(3) Subsection 21 (4) of the Act is amended by striking out "in the prescribed manner" in the second line and substituting "in the required manner".

(4) Subsection 21 (5) of the Act is amended by striking out "in the prescribed manner" in the first and second lines and substituting "in the required manner".

(5) Subsection 21 (6) of the Act is repealed and the following substituted:

Other indexes and records

(6) The land registrar shall, in the required manner, maintain the other required indexes and records.

(6) Subsection 21 (7) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "in the prescribed manner" in the second line and substituting "in the required manner".

207. (1) Clause 22 (1) (b) of the Act is repealed and the following substituted:

(b) Part I of the Land Registration Reform Act and the regulations made under it.

(2) Clause 22 (4) (f) of the Act is amended by striking out "an affidavit" in the fourth line and substituting "a statement".

(3) Subsection 22 (7) of the Act is amended by adding the following clause:

(a.1) an amendment of a lease.

(4) Subsection 22 (11) of the Act is repealed and the following substituted:

Statement of good faith

(11) A notice registered under subsection (8) or (10) shall be accompanied by a statement of good faith in the prescribed form.

208. (1) Subclause 23 (a) (ii) of the Act is repealed and the following substituted:

(ii) that contains or has attached to it material that does not, in the land registrar's opinion, affect or relate to an interest in land; and

. . . . .

(2) Clause 23 (b) of the Act is repealed and the following substituted:

(b) refrain from recording a part of a registered instrument if the part does not, in the land registrar's opinion, affect or relate to an interest in land.

209. Section 24 of the Act is repealed.

210. (1) Subsection 25 (1) of the Act is repealed.

(2) Clause 25 (3) (d) of the Act is repealed and the following substituted:

(d) presented for registration together with a statement in the prescribed form made by a party to the instrument or by the party's solicitor, attorney under a registered power of attorney or registered notarial copy of a power of attorney, or heirs, executors, administrators or estate trustees, or, where the party is a corporation, by an officer of the corporation, stating that the instrument affects land within the registry division, and containing the information required by subsection (2).

(3) The English version of clause 25 (3) (e) of the Act is amended by striking out "declaration" in the fifth line and substituting "statement".

(4) The English version of subsection 25 (4) of the Act is amended by striking out "declaration" in the third line and substituting "statement".

211. Sections 28, 29 and 30 of the Act are repealed.

212. Subsection 31 (1) of the Act is repealed and the following substituted:

Power to administer oaths

(1) Every land registrar, by virtue of office, and every representative whom the land registrar specifies is a commissioner for taking affidavits for uses under this Act that relate to land in the registry division of the land registrar.

213. Section 32 of the Act is repealed and the following substituted:

Required statements

32. If this Act requires, as a condition for registration of an instrument, proof in the form of a statement, the form of the statement may be prescribed or may be approved by the Director if none is prescribed.

214. Section 36 of the Act is repealed.

215. Subsection 37 (1) of the Act is repealed.

216. Clause 38 (1) (d) of the Act is repealed and the following substituted:

(d) a notarial copy of the certificate, the certified copy or the original judgment or order.

217. Clause 39 (a) of the Act is repealed and the following substituted:

(a) a copy of an instrument certified by the land registrar in whose office the instrument is registered.

218. Section 42 of the Act is repealed.

219. (1) Subsection 44 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may make regulations,

. . . . .

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 44 (2) of the Act, as that subsection read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 44 (2) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

220. (1) Subsection 46 (1) of the Act is repealed and the following substituted:

Instrument executed by attorney

(1) Subject to subsection (1.1), no instrument purporting to be signed or executed by any person by attorney shall be registered unless, at or before the time of registration,

(a) the original power of attorney, a notarial copy of it or a copy certified for registration under section 39is registered in the land registry office where the instrument is tendered for registration; and

(b) the date of registration and registration number of the original, the notarial copy or the certified copy, as the case may be, are indicated in the body or margin of the instrument tendered for registration.

Other proof

(1.1) If the power of attorney, a notarial copy of it or a certified copy cannot be produced, proof may be made before a judge of the Ontario Court (General Division) of the execution of the instrument and, if the judge signs a certificate in the prescribed form endorsed on the instrument and the instrument is otherwise capable of registration, the land registrar shall register the instrument and certificate.

(2) Subsection 46 (2) of the Act is repealed.

221. Section 47 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, and 1994, chapter 27, section 43, is repealed and the following substituted:

Order dispensing with statement

47. (1) If an instrument that is otherwise capable of registration is not accompanied by a statement that this Act requires or is accompanied by an incomplete or defective statement, a person who is or claims to be interested in the registration of the instrument may apply to a judge of the Ontario Court (General Division) for an order dispensing with the statement.

Grounds for order

(2) The judge may grant the order if the applicant proves that,

(a) the required statement cannot be obtained conveniently; and

(b) the facts were as are required to be stated by the statement.

Certificate

(3) On granting an order, the judge shall endorse on the instrument or securely attach to it a certificate, in the prescribed form, stating the facts that have been proven to the judge's satisfaction, and the certificate shall be received in lieu of the required statement.

222. (1) Subsection 48 (4) of the Act is amended by striking out "an affidavit" in the sixth and seventh lines and substituting "a statement".

(2) Subsection 48 (5) of the Act is amended by striking out "an affidavit" in the fourth and fifth lines and substituting "a statement".

223. (1) Subsection 49 (1) of the Act is repealed and the following substituted:

Particulars of registration

(1) A land registrar who receives and accepts an instrument for registration shall number it consecutively in the order of receiving instruments accepted for registration and requisitions accepted for deposit and shall note on each instrument accepted for registration the particulars of registration in the manner that the Director specifies.

(2) Subsections 49 (3), (4) and (5) of the Act are repealed and the following substituted:

Priorities

(3) For the purpose of section 71, priorities shall be determined in accordance with the respective registration numbers.

Other registration numbers

(4) A separate series of registration numbers may be used for plans of subdivision.

224. Subsections 50 (1) and (2) of the Act are repealed and the following substituted:

Manner of registration

(1) Upon accepting an instrument for registration, the land registrar shall,

(a) register it in the manner that the Director specifies;

(b) record it in the proper index or indexes in the manner that the Director specifies;

(c) except as provided by the regulations, cause it to be recorded on photographic film or by any other means of image recording that the Director specifies; and

(d) in the manner that the Director specifies, preserve it and all recorded copies of it that the Director requires.

225. (1) Clause 53 (1) (a) of the Act is repealed and the following substituted:

(a) the original will or a notarial copy of it with,

(i) a statement by one of the subscribing witnesses to the will proving the due execution of it by the testator, if it is not a holograph will,

(ii) a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will, if the will is a holograph will, and

(iii) a statement that the testator died on or about a specified date, made by any person who has personal knowledge of that fact, or a death certificate under the Vital Statistics Act in respect of the death of the testator.

(2) Subsection 53 (2) of the Act is repealed.

226. Section 54 of the Act is repealed and the following substituted:

Letters of administration

54. Letters of administration and certificates of appointment of estate trustees without a will that under the Estates Administration Act affect land shall be registered in the same manner as a probate of a will.

227. Section 55 of the Act is amended by striking out "or administrator" in the fourth and fifth lines and substituting "administrator or estate trustee" and by striking out "or the letters of administration" in the eleventh and twelfth lines and substituting "the letters of administration or certificate of appointment of the estate trustee".

228. (1) Subsection 56 (1) of the Act is amended by inserting "estate trustee" after "administrator" in the fourth line.

(2) Subsections 56 (2), (3), (4) and (5) of the Act are repealed.

(3) Subsection 56 (6) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed.

(4) Subsections 56 (8), (10) and (12) of the Act are repealed and the following substituted:

Deletion of entries

(8) If the land registrar is satisfied that a registered instrument purporting to discharge a mortgage validly discharges the land described in the discharging instrument from any claim arising under the mortgage or under any other instrument relating exclusively to the mortgage, the land registrar shall,

(a) delete from the abstract index, in the manner that the Director specifies, the entry of the mortgage and all other instruments relating exclusively to the mortgage; or

(b) make an entry in the abstract index in the manner that the Director specifies indicating that the entry of the mortgage and all other instruments relating exclusively to the mortgage is deleted.

. . . . .

Effect of deletion

(10) If the land registrar has complied with subsection (8), the land described in the discharging instrument is not affected by any claim under the mortgage or under any other instrument relating exclusively to the mortgage.

. . . . .

Instruments under s. 30

(12) Subsections (8) to (11) apply with necessary modifications to instruments mentioned in section 30, as that section read immediately before section 211 of the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997 comes into force, and to every instrument purporting to discharge one of those instruments.

(5) Subsection 56 (12) of the Act, as re-enacted by subsection (4), is amended by striking out "section 211 of the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997 comes into force" and substituting the date that section 211 comes into force.

229. The English version of clause 57 (c) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "declaration" in the fifth line and substituting "statement".

230. Subsection 58 (3) of the Act is amended by inserting "estate trustee" after "legal personal representative" in the fifth line.

231. Section 62 of the Act is amended by inserting "estate trustee" after "administrator" in the sixth line.

232. Section 63 of the Act is repealed and the following substituted:

Effect of registration of discharge of mortgage

63. (1) If a certificate of discharge under this Act and the regulations that complies with Part I of the Land RegistrationReform Act and the regulations made under it is registered for a mortgage described in subsection (2), the certificate is valid and effectual as a conveyance to the mortgagor, the heirs or assigns of the mortgagor of the mortgagor's original estate in the mortgaged land or in the part of the land described in the certificate, as the case may be.

Mortgage predating

(2) Subsection (1) applies to a mortgage executed,

(a) before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario.

233. (1) Subsections 65 (4) and (5) of the Act are repealed.

(2) Subsection 65 (6) of the Act is repealed and the following substituted:

Effect of certificate

(6) A certificate of payment in full of a mortgage described in subsection (6.1), when registered, is as valid and effectual in law as a release of the mortgage and as a conveyance of the original estate of the mortgagor that is executed by the execution debtor and made to the mortgagor, the heirs, executors, administrators, estate trustees or assigns of the mortgagor, or any person lawfully claiming by, through or under the mortgagor or the heirs, executors, administrators, estate trustees or assigns of the mortgagor.

Mortgage predating

(6.1) Subsection (6) applies to a mortgage executed,

(a) before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario.

234. Section 66 of the Act is amended by inserting ", as that section read immediately before", followed by the date on which section 211 of the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997 comes into force, after "section 30" in the second line.

235. Section 68 of the Act is repealed and the following substituted:

Instruments re changes in municipal boundaries

68. Every order of the Ontario Municipal Board, the Lieutenant Governor in Council under the Municipal Boundaries Negotiations Act or other instrument whereby a city, town, village, township or improvement district becomes incorporated, or the boundaries of a municipality are enlarged, diminished or altered, may be registered in the proper land registry office.

236. Section 73 of the Act is amended by inserting "estate trustees" after "administrators" in the second and third lines and by striking out "or administrators" in the fifteenth and sixteenth lines and substituting "administrators or estate trustees".

237. (1) Clause 74 (2) (b) of the Act is amended by striking out "subsection 24 (2)" in the second line and substituting "section 25".

(2) Subsection 74 (3) of the Act is repealed and the following substituted:

Deemed notice

(3) For the purposes of subsection (1), the registration of a notice under section 113 or a statement under section 25 constitutes registration of the instrument referred to in the notice or statement.

238. Clause 76 (2) (b) of the Act is repealed and the following substituted:

(b) make, date and certify the necessary entries, alterations or corrections in the manner that the Director specifies.

239. Section 77 of the Act is repealed and the following substituted:

Deemed registration

77. An instrument capable of and properly proved for registration shall be deemed to be registered when the land registrar has accepted it for registration in accordance with the regulations and no alteration may be made to it after that time.

240. Section 82 of the Act is repealed and the following substituted:

Plan index

82. The land registrar shall keep a plan index in the form that the Director specifies.

241. (1) Subsection 86 (1) of the Act is amended by striking out "an affidavit" in the eighth line and substituting "a statement".

(2) Subsection 86 (2) of the Act is amended by striking out "affidavit" in the fourth line and substituting "statement".

242. (1) Clause 97 (c) of the Act is amended by striking out "deputy" at the end and substituting "representative".

(2) Clause 97 (d) of the Act is repealed.

(3) Clause 97 (g) of the Act is repealed and the following substituted:

other duties

(g) perform the other duties that the Minister prescribes.

243. Section 100 of the Act is repealed and the following substituted:

Director's orders

100. (1) The Director may make orders specifying anything that subsection 49 (1), 50 (1), 56 (8) or 76 (2) or section 105 or 108 requires or authorizes the Director to specify.

Not regulations

(2) An order made by the Director under subsection (1) is not a regulation within the meaning of the Regulations Act.

244. The Act is amended by adding the following section:

Powers of Minister

Minister's orders

101.1 (1) Except with respect to matters for which the Director may make orders under section 100, the Minister may make orders,

1. conferring on the Director the powers that are necessary for carrying out the provisions of this Act or any other Act relating to the duties of the land registrars;

2. specifying the manner in which land is to be divided into blocks and properties;

3. specifying the manner in which property maps and other maps are to be prepared and maintained, and specifying those other maps;

4. specifying the manner in which property identifiers are to be assigned;

5. specifying the manner in which the abstract index is to be created and maintained;

6. specifying other indexes and records and the manner in which they are to be maintained for the purpose of subsection 21 (6);

7. governing the content of alphabetical or deposit indexes and dispensing with the indexes in any registry division;

8. specifying the form and manner in which entries in the records of land registry offices are to be made;

9. specifying the manner in which instruments are to be entered for the purpose of subsection 21 (7).

10. specifying the manner in which entries are to be certified;

11. specifying methods and standards of recording by photographic film or image recording and providing for the storage of the film or the image recording;

12. specifying methods and standards for computer entry, storage and retrieval of information;

13. governing the custody, disposition and destruction of instruments and records of land registry offices;

14. specifying the manner in which instruments, documents, books, public records and facsimiles of them are to be produced for inspection;

15. specifying the manner in which copies of instruments, documents, books and public records are to be produced and certified;

16. requiring that printed copies of the abstract index relating to land in the parts of Ontario designated under Part II of the Land Registration Reform Act, be produced at specified times and specifying the times at which they are to be produced;

17. requiring the payment of fees to land registrars upon the performance of any official function under this Act and specifying the amounts of the fees;

18. specifying the manner in which fees under this Act are to be paid, authorizing land registrars to require the prepayment of classes of fees by cash deposits and specifying classes of fees for that purpose;

19. specifying classes of users who may pay fees under this Act by means of credit accounts rather than on the basis of prepayment or payment at the time the service is rendered;

20. requiring land registrars to assign to persons who ask to search the records of the land registry office account numbers and other identification to enable them to do so;

21. specifying the method in which fees and other receipts of a land registry office shall be collected, kept and accounted for.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

245. (1) Section 102 of the Act is repealed and the following substituted:

Regulations

102. (1) The Minister may make regulations,

1. prescribing anything that by this Act is required to be prescribed by the regulations, other than forms and provisions for their use;

2. prescribing the minimum and maximum dimensions of instruments tendered for registration;

3. respecting the quality of writing and material used in instruments tendered for registration and in copies required by this Act;

4. requiring, in connection with an instrument presented for registration, proof of compliance with any law that if not complied with might detrimentally affect the title or interest of a person claiming title or an interest under the instrument, and governing the form and manner of presentation of that proof;

5. prescribing classes of instruments for the purpose of clause 25 (3) (f);

6. designating instruments or documents or classes of them to which clause 50 (1) (c) does not apply;

7. governing surveys, plans and descriptions of land and procedures related to them for the purposes of the Boundaries Act, the Certification of Titles Act, the Condominium Act, the Land Titles Act and this Act andspecifying the powers and duties of the examiner of surveys;

8. designating certification areas for the purpose of subsection 78 (10);

9. prescribing the manner in which sketches referred to in subsection 81 (2) are to be prepared;

10. governing the correction of errors, defects and omissions in registered and deposited plans;

11. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, other than a matter mentioned in subsection (2) or section 13, 100 or 101.1.

Director's regulations

(2) The Director may make regulations prescribing forms and providing for their use.

Scope of regulations and orders

102.1 The application of any provision of an order made by the Director under section 100, an order made by the Minister under section 101.1, or a regulation made under section 102 may be limited to one or more registry divisions or one or more part or parts of a registry division or divisions.

(2) Despite subsection (1), regulations made under paragraph 3, 5, 10, 11, 12, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or 31 of subsection 102 (1) of the Act, as those paragraphs read immediately before subsection (1) comes into force, continue until,

(a) the Director makes an order under section 100 of the Act, as re-enacted by section 243, that is inconsistent with those regulations; or

(b) the Minister makes an order under section 101.1 of the Act, as enacted by section 244, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 3, 5, 10, 11, 12, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or 31 of subsection 102 (1) of the Act, as those paragraphs read immediately before subsection (1) comes into force, if,

(a) the Director makes an order under section 100 of the Act, as re-enacted by section 243, that is inconsistent with those regulations; or

(b) the Minister makes an order under section 101.1 of the Act, as enacted by section 244, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 4, 6, 7, 8, 9, 13, 15, 16, 30, 32 or 34 of subsection 102 (1) of the Act, as those paragraphs read immediately before subsection (1) comes into force, if,

(a) the Minister makes a regulation under subsection 102 (1) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 102 (2) of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

246. (1) Subsection 103 (1) of the Act is amended by striking out "Lieutenant Governor in Council" in the second and third lines and substituting "Minister".

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 103 (1) of the Act, as that subsection read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 103 (1) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

(3) Subsection 103 (2) of the Act is repealed.

(4) Despite subsection (3), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 103 (2) of the Act, as that subsection read immediately before subsection (3) comes into force, if the Minister makes a regulation under paragraph 7 of subsection 102 (1) of the Act, as re-enacted by subsection 245 (1), that is inconsistent with those regulations.

247. (1) Section 104 of the Act is repealed.

(2) Despite subsection (1), regulations made under section 104 of the Act, as that section read immediately before subsection (1) comes into force, continue until the Director makes an order under section 13 of the Act, as re-enacted by section 200, that is inconsistent with those regulations.

(3) Despite subsection (1), the Director may by regulation revoke regulations made under section 104 of the Act, as that section read immediately before subsection (1) comes into force, if the Director makes an order under section 13 of the Act, asre-enacted by section 200, that is inconsistent with those regulations.

248. Section 105 of the Act is repealed and the following substituted:

Definition

105. In this Part,

"document" includes,

(a) a plan of survey;

(b) any certificate, affidavit, statutory declaration or other proof as to the birth, baptism, marriage, divorce, death, burial, descendants or pedigree of any person, or as to the existence or non-existence, happening or non-happening of any fact, event or occurrence upon which the title to land may depend;

(c) a notice of sale, or other notice necessary to the exercise of any power of sale or appointment or other power relating to land;

(d) a receipt for payment of money under a registered instrument; and

(e) a notarial copy of a certificate, affidavit, statutory declaration, proof, notice or receipt described in this section that the Director specifies.

249. Section 107 of the Act is repealed and the following substituted:

Requisition on deposit

107. On every deposit, the person making the deposit shall deliver to the land registrar a requisition in the prescribed form containing a description of the land to which the deposit relates that complies with section 25.

250. (1) Subsection 108 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:

Record of deposit

(1) On receiving and accepting a requisition for a deposit under section 107, the land registrar shall deposit and record it in the manner that the Director specifies.

(2) Subsections 108 (2) and (3) of the Act are repealed and the following substituted:

Numbering

(2) The land registrar shall number each deposit consecutively in the order of receiving instruments accepted for registration and requisitions accepted for deposit and shall note on each deposit the particulars of receipt in the manner that the Director specifies.

251. (1) Subclause 109 (2) (a) (ii) of the Act is repealed and the following substituted:

(ii) that contains or has attached to it material that does not, in the land registrar's opinion, relate to an interest in land; and

. . . . .

(2) Clause 109 (2) (b) of the Act is repealed and the following substituted:

(b) refrain from recording a part of a deposited document if the part does not, in the land registrar's opinion, relate to an interest in land.

252. Subsection 110 (2) of the Act is amended by inserting "estate trustee" after "administrator" in the first line.

Repair and Storage Liens Act

253. Subsection 9 (1) of the Repair and Storage Liens Act is repealed and the following substituted:

Registration of documents

(1) A claim for lien or change statement to be registered under this Part shall be in the required form and may be tendered for registration at a branch office established under Part IV of the Personal Property Security Act, or by mail addressed to an address required under that Act.

254. (1) Subsection 24 (3) of the Act is repealed and the following substituted:

Form

(3) The application shall be in the required form and may include an offer of settlement.

(2) Subsection 24 (5) of the Act is amended by striking out "the prescribed form" in the fourth and fifth lines and substituting "the required form".

(3) Subsection 24 (6) of the Act is amended by striking out "the prescribed form" in the seventh line and substituting "the required form".

(4) Subsection 24 (7) of the Act is amended by striking out "the prescribed form" in the ninth line and substituting "the required form".

(5) Subsection 24 (11) of the Act is amended by striking out "the prescribed form" in the sixth and ninth and tenth lines and substituting "the required form" in each case.

255. The Act is amended by adding the following section:

Powers of Minister

31.1 (1) The Minister responsible for the administration of this Act may make orders,

(a) requiring the payment of fees and specifying the amounts of those fees;

(b) specifying forms, the information to be contained in forms, the manner of recording the information, including the manner of setting out names, and the persons who shall sign forms;

(c) requiring that claim for lien forms and change statement forms to be registered under Part II shall be those provided or approved by the registrar;

(d) governing the time assigned to the registration of claims for lien and change statements;

(e) specifying abbreviations, expansions or symbols that may be used in a claim for lien or change statement or in the recording or production of information by the registrar.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

256. (1) Section 32 of the Act is repealed and the following substituted:

Regulations

32. The Lieutenant Governor in Council may make regulations specifying the types of security that may be deposited with a court under section 24.

(2) Despite subsection (1), regulations made under clause 32 (a), (b), (c), (d) or (e) of the Act, as those clauses readimmediately before that subsection comes into force, continue until the Minister makes an order under section 31.1 of the Act, as enacted by section 255, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 32 (a), (b), (c), (d) or (e) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 31.1 of the Act, as enacted by section 255, that is inconsistent with those regulations.

Theatres Act

257. The definition of "Minister" in section 1 of the Theatres Act is repealed and the following substituted:

"Minister" means the minister responsible for the administration of this Act. (ministre)

258. Section 2 of the Act is repealed and the following substituted:

Director

2. (1) The Deputy Minister may appoint a person as the Director to administer and enforce this Act and the regulations.

Powers

(2) The Director has all the powers of an inspector.

Assistant Director

(3) The Deputy Minister may appoint an Assistant Director who shall act as Director in the absence of the Director or when so instructed to act by the Director.

Powers

(4) When acting as the Director, an Assistant Director has all the powers of the Director.

259. Subsection 4 (1) of the Act is amended by striking out "Lieutenant Governor in Council" in the first and second lines and substituting "Director".

260. Subsection 9 (2) of the Act is amended by striking out "prescribed fee" in the fourth and fifth lines and substituting "required fee".

261. Subsection 12 (1) of the Act is amended by striking out "prescribed fee" in the fourth line and substituting "required fee".

262. Section 13 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

263. Sections 18 and 20 of the Act are repealed.

264. Section 25 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

265. (1) Subsection 28 (1) of the Act is amended by striking out "prescribed fee" in the fifth line and substituting "required fee".

(2) Subsection 28 (2) of the Act is amended by striking out "prescribed fee" in the fourth line of the portion after clause (b) and substituting "required fee".

(3) Subsection 28 (3) of the Act is amended by striking out "prescribed fee" in the first line of the portion after subclause (b) (iii) and substituting "required fee".

266. Section 30 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

267. (1) Section 33 of the Act is amended by adding the following subsection:

Approval

(1.1) The Board may approve a film for exhibition and distribution in Ontario in accordance with the methods prescribed by the regulations.

(2) Subsection 33 (4) of the Act is repealed and the following substituted:

Quorum

(4) Except if this Act provides otherwise, a quorum of the Board for the purpose of exercising a power under clause 3 (7) (a) or (d) is,

(a) two members, if the chair does not specify otherwise under clause (b); or

(b) the number of members that the chair specifies, if the chair is of the opinion that more than two members are required.

(3) Subsection 33 (5) of the Act is amended by striking out "prescribed fee" in the fourth line and substituting "required fee".

268. Section 36 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

269. Subsection 39 (2) of the Act is amended by striking out "prescribed fee" in the fourth and fifth lines and substituting "required fee".

270. (1) Subsection 41 (1) of the Act is amended by striking out "prescribed fee" in the third line and substituting "required fee".

(2) Subclause 41 (2) (b) (i) of the Act is repealed.

271. Section 42 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

272. Sections 48, 49 and 50 of the Act are repealed.

273. Subsection 51 (2) of the Act is amended by striking out "prescribed fee" in the third line and substituting "required fee".

274. Subsection 52 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) The Director may, after a hearing, refuse to issue a licence under section 51 if,

. . . . .

275. The Act is amended by adding the following section:

Power of Minister

57.1 The Minister may by order require the payment of fees under this Act and approve the amount of those fees for,

(a) examinations and tests for any class of projectionist licence;

(b) issuing and renewing projectionist licences or any class of projectionist licence;

(d) a review under section 33;

(e) approval of advertising under section 39;

(f) certificates of approval and duplicates of these certificates;

(g) licences to exhibit standard film in buildings or premises other than a theatre in respect of which a licence is in force under this Act.

276. (1) Paragraphs 1, 2, 3, 4, 5, 6 and 7 of subsection 60 (1) of the Act are repealed.

(2) Subsection 60 (1) of the Act is amended by adding the following paragraph:

9.1 prescribing the method by which a film may be approved for exhibition or distribution.

(3) Paragraphs 13, 15 and 22 of subsection 60 (1) of the Act are repealed.

(4) Paragraph 23 of subsection 60 (1) of the Act is amended by striking out "and prescribing the fees therefor" at the end.

(5) Paragraphs 25, 27, 28 and 29 of subsection 60 (1) of the Act are repealed.

(6) Paragraph 30 of subsection 60 (1) of the Act is amended by striking out "and prescribing fees therefor" at the end.

(7) Paragraph 31 of subsection 60 (1) of the Act is amended by striking out "and prescribing fees therefor" at the end.

(8) Despite subsections (3), (4), (5), (6) and (7), regulations made under paragraphs 22, 23, 25, 27, 28, 29, 30 and 31 of subsection 60 (1) of the Act, as those paragraphs read immediately before those subsections come into force, continue until the Minister makes an order under section 57.1 of the Act, as enacted by section 275, that is inconsistent with those regulations.

(9) Despite subsections (3), (4), (5), (6) and (7), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraphs 22, 23, 25, 27, 28, 29, 30 and 31 of subsection 60 (1) of the Act, as those paragraphs read immediately before those subsections come into force, if the Minister makes an order under section 57.1 of the Act, as enacted by section 275, that is inconsistent with those regulations.

Travel Industry Act

277. Subsection 2 (1) of the Travel Industry Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar for the purposes of this Act.

Vital Statistics Act

278. (1) The definition of "division registrar" in section 1 of the Vital Statistics Act is repealed and the following substituted:

"division registrar" means a division registrar as specified in section 38. ("registraire de division de l'état civil")

(2) The definition of "superintendent of an Indian agency" in section 1 of the Act is repealed.

279. Clause 13 (2) (a) of the Act is repealed and the following substituted:

(a) the required fee.

280. Subsection 14 (7) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

281. Subsection 15 (2) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

282. Subsection 17 (1) of the Act is amended by striking out "the prescribed fee" in the fifth line of the portion after subclause (1) (c) (ii) and substituting "the required fee".

283. Clause 27 (2) (a) of the Act is repealed and the following substituted:

(a) the required fee.

284. Subsection 38 (5) of the Act is amended by striking out "and upon payment of a special fee of 25 cents" in the sixth and seventh lines.

285. Section 41 of the Act is repealed.

286. Section 42 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 102, is repealed and the following substituted:

Forms

42. For the purposes of the administration of this Act, the Marriage Act or the Change of Name Act, the Registrar General may,

(a) provide for and require the use of forms, statutory declarations or affidavits in addition to or in substitution for forms, statutory declarations oraffidavits prescribed by the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be;

(b) require the use of forms, statutory declarations or affidavits supplied by the Registrar General; and

(c) permit information to be supplied in a format acceptable to the Registrar General rather than on forms or in statutory declarations or affidavits that are otherwise provided for or required under this section or the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be.

287. (1) Subsection 44 (1) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(2) Subsection 44 (2) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(3) Subsection 44 (3) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(4) Subsection 44 (4) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

288. (1) Subsection 45 (1) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

(2) Subsection 45 (2) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

289. Clause 48 (1) (b) of the Act is repealed and the following substituted:

(b) pays the required fee; and

. . . . .

290. The Act is amended by adding the following section:

Powers of Registrar General

59.1 The Registrar General may by order,

(a) set and collect fees for services that the Registrar General provides under this Act; and

(b) provide for the waiver of payment of those fees in favour of any person or class of persons.

291. (1) Clause 60 (l) of the Act is repealed and the following substituted:

(l) prescribing the fees to be paid for anything done or permitted to be done under this Act, other than for services provided by the Registrar General, and providing for the waiver of payment of those fees in favour of any person or class of persons.

(2) Clause 60 (r) of the Act is repealed.

(3) Despite subsection (1), regulations made under clause 60 (l) of the Act, as that clause read immediately before that subsection comes into force, continue until the Registrar General makes an order under section 59.1 of the Act, as enacted by section 290, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 60 (l) of the Act, as that clause read immediately before that subsection comes into force, if the Registrar General makes an order under section 59.1 of the Act, as enacted by section 290, that is inconsistent with those regulations.

Commencement and short title

Commencement

292. (1) Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives Royal Assent.

Same, proclamation

(2) Sections 5 to 16, 20 to 38, 57 to 88, 117, 126, 145, 154, 155, 156, 157, 158, 171, 172, 173, 223 and 250 come into force on a day to be named by proclamation of the Lieutenant Governor.

Same, other date

(3) Sections 137 and 201 come into force 60 days after this Act receives Royal Assent.

Same, other date

(4) Sections 124, 142, 143 and 144 come into force 180 days after this Act receives Royal Assent.

Short title

293. The short title of this Act is the Red Tape Reduction Act (Ministry of Consumer and Commercial Relations), 1997.