Electronic Registration of Title Documents
The Law Society's Role
The Law Society continues to play a leadership role, together with the Ontario Bar Association (OBA), to facilitate lawyers' understanding and use of electronic registration, as the Ontario government rolls out the new system across the province. The Law Society will also continue to work with its membership to identify and manage issues of significance as they arise and, when necessary, to revise and draft guidelines to address these issues.
Joint committee on electronic registration of title documents
In 1996, the Law Society and the OBA established the Joint committee on electronic registration of title documents to consider the impact of electronic registration on conveyancing practice and to make recommendations to the Law Society as to procedures, courtesies and standards of practice.
Education and support
In a joint effort, the Law Society and OBA are offering educational sessions corresponding with each rollout phase and scheduled according to the MCBS rollout schedule . See the OBA Web site .
Practice guidelines and Rule amendments
In June 1997, the Joint Committee presented a report to Convocation (pdf) which recommended the adoption of certain practice guidelines with the understanding that these guidelines would evolve as electronic registration was implemented.
With the rollout of electronic registration, the Joint Committee submitted the guidelines to the profession for testing and comments were received. Based on input from the profession, amendments were made to the guidelines and in June 2002 the Joint Committee submitted a further report (pdf) to the Law Society recommending that six practice guidelines be approved and some amendments (pdf) be made to the Rules of professional conduct (Rules).
On June 28, 2002, Convocation approved the amendments and six practice guidelines. The amendments and guidelines aim to assist lawyers to adapt their practices to electronic registration. They promote risk management and they encourage lawyers across the province to develop consistent practices when completing transactions that require the electronic registration of title documents.
In February 1999, the Law Society amended By-law 19 to permit lawyers to establish a special trust account for payment of land transfer tax and registration fees.