Execution Of Instruments

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

• chapter 11 (Land Title Act Part 10.1 (ss. 168.1 to 168.7)—Electronic Filing);
• E-filing Directions, available at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced in chapter 71 (Director’s Directions); and
• Land Title Web Filing Form Practice Guides, available at https://help.ltsa.ca/myltsa-enterprise/land-title-web-filing-form-practice-guides.

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

• Land Title Web Filing Form Practice Guides;
• Directions for Completing EFS Forms, available at https://ltsa.ca/directions-for-completing-efs-forms/; and
• EFS User’s Guide, available at https://help.ltsa.ca/myltsa-enterprise/electronic-filing.

For hardcopy forms, see Completion Instructions for Hardcopy Transfer Forms, available at https://ltsa.ca/completion-instructions-for-hardcopy-transfer-forms/.

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