The Wood Bull Guides

Sections 50 to 50.1 [Interpretation, Division by Will]

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  • 50(9) PART OF BUILDING OR STRUCTURE

    (9) Nothing in subsections (3) and (5) prohibits the entering into of an agreement that has the effect of granting the use of or right in a part of a building or structure for any period of years.  R.S.O. 1990, c. P.13, s. 50 (9).

  • 50(10) EXCEPTION

    (10) This section does not apply to an agreement entered into under section 2 of the Drainage Act.   R.S.O. 1990, c. P.13, s. 50 (10).

  • 50(11) APPLICATION TO ARDD

    (11) This section does not apply so as to prevent the Agricultural Rehabilitation and Development Directorate of Ontario from conveying or leasing land where the land that is being conveyed or leased comprises all of the land that was acquired by the Directorate under one registered deed or transfer.  R.S.O. 1990, c. P.13, s. 50 (11). 

  • 50(12) EXCEPTION TO APPLICATION OF SUBSS. (3, 5)

    (12) Where a parcel of land is conveyed by way of a deed or transfer with a consent given under section 53, subsections (3) and (5) of this section do not apply to a subsequent conveyance of, or other transaction involving, the identical parcel of land unless the council or the Minister, as the case may be, in giving the consent, stipulates either that subsection (3) or subsection (5) shall apply to any such subsequent conveyance or transaction.  R.S.O. 1990, c. P.13, s. 50 (12).

  • 50(13) REFERENCE TO STIPULATION

    (13) Where the council or the Minister stipulates in accordance with subsection (12), the certificate provided for under subsection 53 (42) shall contain a reference to the stipulation, and if not so contained the consent shall be conclusively deemed to have been given without the stipulation.  R.S.O. 1990, c. P.13, s. 50 (13); 1994, c. 23, s. 29 (5).

  • 50(14) EFFECT OF CONTRAVENTION

    (14) Where land is within a registered plan of subdivision or within a registered description under the Condominium Act, 1998 or where land is conveyed, mortgaged or charged with a consent given under section 53 or a predecessor thereof, any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on June 25, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that occurred before the registration of the plan of subdivision or description or before the giving of a certificate under subsection 53(42) stating that a consent has been given, as the case may be, does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before December 15, 1978.  1994, c. 23, s. 29 (6); 2015, c. 28, Sched. 1, s. 155 (1).

  • 50(15) SIMULTANEOUS CONVEYANCES, ETC., OF ABUTTING LANDS

    (15) Where a person conveys land or grants, assigns or exercises a power of appointment in respect of land, or mortgages or charges land, or enters into an agreement of sale and purchase of land, or enters into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more by way of simultaneous conveyances of abutting lands or by way of other simultaneous dealings with abutting lands, the person so conveying or otherwise dealing with the lands shall be deemed for the purposes of subsections (3) and (5) to retain, as the case may be, the fee or the equity of redemption in, or the power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land that is being conveyed or otherwise dealt with but this subsection does not apply to simultaneous conveyances or other simultaneous dealings involving the same parties acting in their same respective capacities.  R.S.O. 1990, c. P.13, s. 50 (15).

  • 50(16) PARTIAL DISCHARGES, ETC., EFFECT OF

    (16) Where a person gives a partial discharge of a mortgage on land or gives a partial cessation of a charge on land, the person giving the partial discharge or partial cessation shall be deemed to hold the fee in the lands mentioned in the mortgage or charge and to retain, after the giving of the partial discharge or partial cessation, the fee in the balance of the lands, and for the purposes of this section shall be deemed to convey by way of deed or transfer the land mentioned in the partial discharge or partial cessation.  R.S.O. 1990, c. P.13, s. 50 (16).

  • 50(17) SAVING

    (17) Subsection (16) does not apply to a partial discharge of mortgage or partial cessation of charge where the land described in the partial discharge or partial cessation,

    (a) is the same land in respect of which a consent to convey has previously been given;

    (b) includes only the whole of one or more lots or blocks within a registered plan of subdivision, unless such plan of subdivision has been designated under subsection (4);

    (c) is owned by Her Majesty in right of Canada or Her Majesty in right of Ontario or by any municipality; or

    (d) is land to which clause (3) (g) or (5) (g) applies.  R.S.O. 1990, c. P.13, s. 50 (17); 1998, c. 15, Sched. E, s. 27 (10).

  • 50(18) FORECLOSURE OR EXERCISE OF POWER OF SALE

    (18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law without the approval of the Minister or of the council authorized to give a consent under section 53, as the case may be, other than a council authorized to give a consent pursuant to an order under section 4, unless all of the land subject to such mortgage or charge is included in the foreclosure or exercise of the power of sale, but this subsection does not apply where the land foreclosed or in respect of where the power of sale is exercised comprises only,

    (a) the whole of one or more lots or blocks within one or more registered plans of subdivision;

    (b) one or more parcels of land that do not abut any other parcel of land that is subject to the same mortgage or charge;

    (c) the identical parcel of land that has been the subject of a consent to convey given under section 53 and the consent did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or transaction; or

    (d) the whole of the remaining part of a parcel of land, the other part or parts of which parcel have been the subject of a consent to convey given under section 53 and the consent did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or transaction.  R.S.O. 1990, c. P.13, s. 50 (18); 1993, c. 26, s. 58 (1); 1994, c. 23, s. 29 (7); 1996, c. 4, s. 27 (4).

    Related Regulations

    O. Reg. 150/95: CRITERIA - POWER OF SALE

  • 50(18.1) CRITERIA

    (18.1) No approval shall be given by a council under subsection (18) unless the approval conforms with the prescribed criteria.  1993, c. 26, s. 58 (2).

    Related Regulations

    O.Reg. 150/95: CRITERIA - POWER OF SALE

  • 50(19) RELEASE OF INTEREST BY JOINT TENANT OR TENANT IN COMMON

    (19) Where a joint tenant or tenant in common of land releases or conveys the tenant’s interest in such land to one or more other joint tenants or tenants in common of the same land while holding the fee in any abutting land, either alone or together with any other person, the tenant shall be deemed, for the purposes of subsections (3) and (5), to convey such land by way of deed or transfer and to retain the fee in the abutting land.  R.S.O. 1990, c. P.13, s. 50 (19).

  • 50(20) PARTITION ORDERS

    (20) No order made under the Partition Act for the partition of land shall have any effect in law unless,

    (a) irrespective of the order, each part of the land described in the order could be conveyed without contravening this section; or

    (b) a consent is given to the order.  R.S.O. 1990, c. P.13, s. 50 (20).

  • 50(21) CONVEYANCE, ETC., CONTRARY TO SECTION NOT TO CREATE OR CONVEY INTEREST IN LAND

    (21) An agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of this section or a predecessor thereof does not create or convey any interest in land, but this section does not affect an agreement entered into subject to the express condition contained therein that such agreement is to be effective only if the provisions of this section are complied with.  R.S.O. 1990, c. P.13, s. 50 (21).

  • 50(22) EXCEPTION RE PRESCRIBED STATEMENTS

    (22) Where a deed or transfer,

    (a) contains a statement by the grantor, verifying that to the best of the grantor’s knowledge and belief the deed or transfer does not contravene this section;

    (b) contains a statement by the grantor’s solicitor, verifying that,

    (i) he or she has explained the effect of this section to the grantor,

    (ii) he or she has made inquiries of the grantor to determine that the deed or transfer does not contravene this section,

    (iii) based on the information supplied by the grantor, to the best of the solicitor’s knowledge and belief, the deed or transfer does not contravene this section, and

    (iv) he or she is an Ontario solicitor in good standing; and

    (c) contains a statement by the grantee’s solicitor, verifying that,

    (i) he or she has investigated the title to the land and, where relevant, to abutting land,

    (ii) he or she is satisfied that the record of title to the land and, where relevant, to abutting land, reveals no existing contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that has the effect of preventing the conveyance of any interest in the land,

    (iii) to the best of his or her knowledge and belief, the deed or transfer does not contravene this section, and

    (iv) he or she acts independently of the grantor’s solicitor and is an Ontario solicitor in good standing; and

    (d) is registered under the Land Titles Act or the Registry Act, any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, does not and shall be deemed never to have had the effect of preventing the conveyance of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day the deed or transfer is registered.  R.S.O. 1990, c. P.13, s. 50 (22).

  • 50(23) SEARCH PERIOD RE PLANNING ACT

    (23) For the purposes of the statement referred to in subclause (22) (c) (ii), a solicitor is not required to investigate the registered title to the land except with respect to the time since the registration of the most recent deed or transfer affecting the same land and containing the statements referred to in clauses (22) (a), (b) and (c).  R.S.O. 1990, c. P.13, s. 50 (23).

  • 50(24) EXEMPTING ORDERS

    (24) The Minister may by order designate any part of Ontario as land to which subsection (22) shall not apply after the day a certified copy or duplicate of the order is registered in the proper land registry office in a manner approved by the Director of Land Registration appointed under the Registry Act.  R.S.O. 1990, c. P.13, s. 50 (24).

  • 50(25) OFFENCE

    (25) Every person who knowingly makes a false statement under subsection (22) is guilty of an offence and on conviction is liable to a fine not exceeding the aggregate of the value of,

    (a) the land in respect of which the statement is made; and

    (b) the relevant abutting land, determined as of the day of registration of the deed or transfer containing the false statement.  R.S.O. 1990, c. P.13, s. 50 (25).

  • 50(26) COPY OF BY-LAW TO BE LODGED WITH APPROVAL AUTHORITY

    (26) A certified copy or duplicate of every by-law passed under subsection (4) shall be lodged by the clerk of the municipality in the office of the approval authority.  2006, c. 23, s. 21 (3).

  • 50(27) WHEN BY-LAW EFFECTIVE

    (27) A by-law passed under subsection (4) is not effective until the requirements of subsection (28) have been complied with.  R.S.O. 1990, c. P.13, s. 50 (27).

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