222 Discriminating Covenants Are Void

PRACTICE

Discriminating Covenants

On being made aware of the continuing presence in the register of a discriminating covenant, the registrar will act to amend the register and records to reflect the legislated cancellation of the discriminating covenant. The registrar may act on a request or on the registrar’s own initiative.

Where the entire instrument has been affected by s. 222, the registrar will cancel it from all titles against which it is registered.

Where the instrument contains non-discriminating provisions that are not affected, the registrar will make an endorsement on the affected title and original document indicating the discriminating covenant has been cancelled pursuant to s. 222.

Form of Endorsement on Title

The registrar shall cause the appropriate endorsement to be made on the register. The typical endorsements will be:

Legal Notation

LAND HEREIN WITHIN BUILDING SCHEME, SEE 12345I and 56789I CANCELLATION OF DISCRIMINATING COVENANT PURSUANT TO SECTION 222 LAND TITLE ACT, SEE APPLICATION#, DATE

Charge

RESTRICTIVE COVENANT 12345G YY-MM-DD HH/MM CHARGE REMARKS SEE 56789i CANCELLATION OF DISCRIMINATING COVENANT PURSUANT TO SECTION 222 LAND TITLE ACT, SEE APPLICATION#, DATE

Form of Endorsement on Covenant Document

The registrar may, without obliterating the original text, strike the discriminating covenant from the document. The registrar will cause a similar notation to be made on the covenant document as is made on the register.

In many instances, the affected restrictive covenant documents are stored on microfilm and cannot be altered in this state. As such, a paper copy of the document is retrieved to facilitate insertion of the notation. The altered paper copy is subsequently converted to an electronic image and made available through myLTSA under the original charge registration number. The electronic image is considered to be the official record within the register.

Forms of Request to Registrar Concerning a Discriminating Covenant

Owners may submit requests to the registrar online through the LTSA Customer Service Centre at ltsa.ca (under Contact Us) or in hardcopy.

The request should include the legal description and/or parcel identification number of the lands affected by the discriminating covenant and the registration number of the covenant.

There is no charge for a request from an owner to cancel a discriminating covenant pursuant to s. 222 of the Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Power of Supreme Court to Cancel or Modify Restrictive Covenant

See s. 35(2)(e) of the Property Law Act, which provides that a person interested in land may apply to court for an order to cancel or modify a charge, including a restrictive covenant, that is invalid or unenforceable.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, para. 354.