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In This Volume

Section 165(4) of the Land Title Act provides:

  • (4) Despite
  • (a) any other Act or law,
  • (b) the charter, memorandum, notice of articles and articles or other constating documents of a corporation, or
  • (c) any other document,
  • an instrument executed by a corporation is, in favour of all persons dealing in good faith with the corporation, conclusively deemed to be properly executed and the instrument takes effect accordingly if
  • (d) the instrument is executed for the corporation by an individual whose signature is represented in the instrument as the signature of an authorized signatory of the corporation, and
  • (e) the execution of the instrument is witnessed or proved in accordance with Part 5.

See Part 5, and in particular ss. 42 and 44 of the Land Title Act, which sets out the basic requirements for execution of instruments by a corporation and for officer certification.

For requirements on the use of electronic land title forms, see

the second of which is at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”, and reproduced in chapter 69 (Director’s Directions) of this Manual.

Completion instructions for electronic land title forms are set out in the

  • Green Book;
  • Land Title Web Filing Form Practice Guides;
  • Directions for Completing EFS Forms; and
  • EFS User’s Guide;

the latter three of which are at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”.

For hardcopy forms, see Completion Instructions for Hardcopy Transfer Forms. The completion instructions are available at ltsa.ca.

See also s. 49 of the Land Title Actregarding the use of an affidavit of execution in place of officer certification. The Green Book and Web Filing Form Practice Guides provide both instructions on the execution of instruments where an affidavit is used and sample forms of affidavit.