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More on the Status of Land Registration in Ontario During COVID-19 Pandemic
Practical Law Canada Legal Update w-024-7397 (Approx. 5 pages)
More on the Status of Land Registration in Ontario During COVID-19 Pandemic
by Practical Law Canada Commercial Real Estate
| Published on 30 Mar 2020 • Canada (Common Law) |
During the COVID-19 pandemic, Ontario continues to keep its Teraview system of electronic land registration (www.teraview.ca) up and running for both search and registration. Furthermore, Ontario continues to keep its OnLand system of land records searching (www.onland.ca) up and running for, amongst other things, PIN correction and override requests. Ontario's fifty-four (54) land registry offices also remain open for those limited documents that have to be registered in paper format at a local land registry office, albeit with reduced operating hours.
Background
On March 17, 2020, the Government of Ontario made an order, Declaration of Emergency, O. Reg. 50/20, declaring an emergency under section 7.0.1(1) of the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9. (EMCPA) in response to the 2019 novel coronavirus disease (COVID-19) pandemic, allowing the government to exercise sweeping powers to respond to the emergency. On March 23, 2020, the Ontario government issued another order pursuant to Order Under Subsection 7.0.2(4) - Closure of Places of Non-Essential Businesses, O. Reg. 82/20 (the Order) mandating the closure of all non-essential workplaces effective Tuesday, March 24, 2020 at 11:59 p.m. under section 7.02(4) of the EMCPA. Land registration services were expressly enumerated as an “essential business” pursuant to paragraph 67 of the Order. Ontario's land registration services therefore remain open for business. This Legal Update provides the particulars of the land registration services available in Ontario during the COVID-19 pandemic.
Teraview
In excess of 99% of all registrations in Ontario's land registration system, the largest such system in Canada, are made electronically under the Teraview electronic land registration system (www.teraview.ca). The Ontario government has issued official communication confirming that the Teraview electronic land registration system remains up and running for both search and registration. The Teraview electronic land registration system was migrated from a desktop system to a wholly web-based system allowing registrants to carry on electronic land registration from anywhere that has web access. Although not designed specifically as a pandemic response, the system does allow real estate practitioners to continue to close transactions without physically attending at the office. Anecdotally, there have been no reported issues regarding the operation of Teraview, and the Ontario government does not appear to have any plans to voluntarily shut down Teraview in response to some real estate practitioner demands to do so to make it easier for real estate practitioners to observe lock-down protocols.
OnLand
Ontario also maintains the OnLand electronic land record search system which principally allows the public to search historic and current land records. The OnLand system does not allow the registration of any documents (all of which have to be submitted through the Teraview system) and OnLand is rarely used by real estate lawyers. However, the OnLand system also serves as a request portal for, amongst other things:
- Pre-approvals of certain prescribed document types.
- Certain PIN corrections that are critical for the completion of transactions.
- Overrides of certain Teraview functions needed to complete certain types of transactions (collectively, “Requests”).
The OnLand system remains up and running to facilitate such Requests. Anecdotally, there have been no reported issues regarding the operation of OnLand, and the Ontario government does not appear to have any plans to voluntarily shut down OnLand.
Physical Land Registry Offices
Ontario fifty-four (54) land registration offices across Ontario. All land registry offices are scheduled to remain for business but with limited hours of public access, currently from 9:30 a.m. to noon on all normal business days.
Some land registry offices have been closed lately, notwithstanding the fact that they continue to be scheduled to be open. Anecdotally, there have been upwards of a dozen land registry offices closed on any given business day. If the local land registry office is closed, then any paper documents that still need to be physically registered or deposited at that land registry office cannot be registered or deposited until that land registry office re-opens. Documents that need to be registered in paper at a land registry office include:
- Documents relating to non-convert Registry Act, R.S.O. 1990, c. R.20 properties (there are less than 0.5% of Ontario properties, typically rural properties, laneways, churches, golf courses, etc., that remain under the Registry Act) – these “non-convert” properties can be searched in Teraview but documents relating thereto cannot be registered electronically in Teraview, they must be registered in paper at the local land registry office.
- Documents registered under the Land Titles Act, R.S.O. 1990, c. L.5 that are ordinarily registered electronically in Teraview but that are above systems limits (typically the 450 PIN limit) – Land Titles documents that exceed systems limits frequently involve large condominium projects.
- Although some of the more progressive land survey firms in Ontario can register reference plans electronically, most plans of survey in Ontario (including plans of subdivision, reference plans, expropriation plans, and condominium plans, etc.) are still registered physically (in mylar and paper).
There is currently no option to send paper documents via courier or mail to a land registry office (or to an alternate location) if that local land registry office happens to be closed. Lawyers with closings that require the registration of such paper documents should explore workarounds (e.g. title insurance, escrow agreements, postponement, undertakings, etc.). The government's ServiceOntario centre locations, hours and contact webpage supposedly tracks daily time information on land registry office closures in near real time, and lawyers are urged to check this webpage before attending at a local land registry office.
Pre-Payment of Land Transfer Tax with the Ministry of Finance
The technique of pre-paying exigible land transfer tax with the Ministry of Finance in Oshawa and then registering a transfer without disclosing consideration has historically been available in Ontario for both electronic land registration and paper land registration. However, this technique may no longer be available during the COVID-19 pandemic. The Ministry of Finance has advised that, for the time being, they will no longer accept the payment of land transfer tax over the counter at its Oshawa offices. Lawyers whose clients wish to still prepay land transfer tax should contact the Ministry of Finance for details and workarounds, if any.