On October 25, 2022, the Ontario Government introduced the More Homes Built Faster Act, 2022.
The plan, which contains around 50 actions, addresses the housing crisis by reducing government fees and fixing developmental approval delays that slow down housing construction and increase costs. Actions in the plan include:
The government is currently consulting on a variety of proposed regulatory amendments affected by this Act.
View Regulatory Amendments here (are most dated October 25th)
The Ministry of Government and Consumer Services recently concluded consultations on proposed regulations to address condo cancellations. Regulations are being proposed under the Condominium Act, 1998 (Condo Act), the New Home Construction Licensing Act (Licensing Act) and the Ontario New Home Warranties Plan Act (Warranties Act).
Proposed changes include:
The ministry is also seeking feedback on potential future regulatory proposals under the Licensing Act that could:
Following consultation with Law Association members, FOLA prepared a submission, which was sent in on April 21, 2022.
The Minister of Consumer and Business Service has filed Phase 2 regulations to support the implementation of the Trust in Real Estate Services Act, 2020 (TRESA, 2020). TRESA, 2020 amends the Real Estate and Business Brokers Act, 2002 (REBBA), the legislation that governs real estate brokerages, brokers and salespersons (registrants) in Ontario, setting rules for how they conduct business and interact with the public.
The following key changes will take effect on April 1, 2023:
Code of Ethics Regulation (Code)
Information and Disclosure Obligations
The amendments in TRESA, 2020 and regulation changes will:
· Furthermore, to enhance consumer protection, the following general requirements will apply to all disclosures under the Act and regulations made by registrants to the public:
· In addition, other specific requirements will be prescribed for certain mandatory disclosures (e.g., in relation to multiple representation; property interest in real estate; material facts about real estate).
Real Estate Council of Ontario (RECO) Powers and Tools
· The amendments in TRESA, 2020 along with the regulation changes will help RECO operate more efficiently and focus its compliance and enforcement efforts where they are most needed and most effective, by:
Discipline Committee Composition and Procedures
· A new regulation dealing with the rules and procedures of the discipline committee will be in place, incorporating the relevant provisions currently found in the Code and General regulation. In addition, the new regulation includes certain updated provisions in relation to committee composition, appointments and processes.
The regulations are available on the Ontario e-Laws website.
The ministry’s proposal to add a condition to the existing exemption for auctioneers generated a significant amount of feedback during the consultation process. As a result, the ministry will continue to consider this issue in Phase 3 of regulation development.
Preliminary work on Phase 3 of regulation development is expected to begin later this year and will also include proposals for the development of an administrative penalties regime and consideration of a specialty certification program.
If you have any questions, please contact the ministry at REBBA@ontario.ca
On March 30, 2022, Hon. Steve Clark, Minister of Municipal Affairs and Housing, introduced Bill 109, More Homes for Everyone Act, 2022.
Below are a number of regulatory changes that the government is proposing. Note that FOLA did not send in a Submission.
Also proposed are a couple of regulatory changes from the Ministry of Government & Consumer Services:
The Ministry of Government and Consumer Services is proposing amendments to the New Home Construction Licensing Act, 2017 (Licensing Act) to help address the issue of inappropriate or unethical behaviour by vendors. The proposed amendments would also enhance the Home Construction Regulatory Authority's (HCRA's) enforcement powers, among other things.
The Ministry of Government and Consumer Services is proposing amendments to the Ontario New Home Warranties Plan Act (Warranties Act).
Effective March 30, 2022, the Non-Resident Speculation Tax (NRST) rate was increased to 20 per cent and expanded provincewide. As a result, the NRST may apply on the purchase or acquisition of an interest in residential property located anywhere in Ontario by individuals who are foreign nationals (individuals who are not Canadian citizens or permanent residents of Canada) or by foreign corporations or taxable trustees. Learn more here.
The NRST applies in addition to the general Land Transfer Tax (LTT) in Ontario.
Prior to March 30, 2022, the NRST was a 15 per cent tax on the purchase of an interest in residential property in the Greater Golden Horseshoe Region (GGH) of Ontario by individuals who are foreign nationals or by foreign corporations or taxable trustees. The map of the GGH and a listing of municipalities, counties and regions within the GGH is outlined below on this page.
Dye & Durham (Unity) Fee Increases 2022
FOLA LETTER TO DYE & DURHAM CEO - Feb 2022
DoProcess Fee Hikes - 2021
FOLA Letter to DoProcess - Jan 18, 2021
Home buyers face higher costs after Dye & Durham hikes real estate software prices 400%, lawyers warn - Globe & Mail Jan 27, 2021
In August 2021, the Ministry of Municipal Affairs and Housing in Ontario posted proposed complementary and consequential changes to Minister's regulations under the Planning Act on consequential and complementary changes that need to be made to the existing Consent Applications regulation.
You can find the posting here.
In November 2021, FOLA was made aware of proposed changes to the Planning Act in PEI.
FOLA responded with a submission re: Bill 42: An Act to Amend the Prince Edward Island Lands Protection Act.
FOLA contends that the proposed legislation in PEI could create liability for lawyers in Ontario who may be asked to commission documents for the purchase of lands in PEI.
Check out these 5 videos by LawPRO to share with your clients and/or on social media!
The Ministry of Municipal Affairs and Housing is proposing to amend regulations under the Planning Act to empower certain municipalities in relation to two areas of land use planning authority.
1) Exemption from Approval - Official Plan Amendments
2) Approval Authority - Plans of Subdivision
The deadline for comments has past, but you can view the Ministry's proposal below.
The Ministry of Government and Consumer Services proposing amendments on regulatory proposals under the Condo Act. The proposal would amend regulations under the Condo Act, delegating responsibility for 19 forms to the Condominium Authority of Ontario (CAO).
If approved, the CAO would be responsible for hosting and implementing any changes to these forms, including accessibility, format and content changes, subject to ministry approval.
DoProcess Fee Hikes
FOLA Letter to DoProcess - Jan 18, 2021
Home buyers face higher costs after Dye & Durham hikes real estate software prices 400%, lawyers warn - Globe & Mail Jan 27, 2021
VIRTUAL COMMISSIONING - MAG REFORMS
FOLA'S SUBMISSION TO PROPOSED REFORMS - APRIL 2019
FOLA'S SUBMISSION TO MAG - JUNE 2020
DEFINITION OF "LENDING CLIENT" - LSO
FOLA SUBMISSION (JUNE 2019
The provincial Working Group on Lawyers and Real Estate revised the Ontario Standard Closing Documents in February 2019 and added an Undertaking (Non-Residency) for use in transactions involving non-resident vendors.
Updated versions of the Ontario Standard Closing Documents can be found on the Working Group website.
FOLA'S Real Estate committee will meet via telephone/video conference and/or email, as necessary. If you or someone from your association is interested in helping, please contact Mark Giavedoni at Mark.Giavedoni@gowlingwlg.com
In 2018, the Law Society’s Advertising and Fee Arrangements Issues Working Group examined practices involving the payment of fees and offering of benefits by title insurers to real estate lawyers or their staff and is considering whether additional regulatory measures involving these practices are required.
The Working Group on Lawyers and Real Estate maintains a list of matters which are brought to its attention regarding Teraview and/or Land Registry Office procedures.
The Working Group brings these matters to the Director of Titles, the government and/or Teranet and posts updates as it receives further information.
(Great to share on social media!)
AvoidAClaim is LawPRO’s blog that offers regular insights on claims prevention and practice management, and warnings about current frauds targeting lawyers
Bencher Blog is a resource for Ontario’s Lawyers from Jerry Udell, Law Society of Ontario Bencher
This weekly email newsletter regularly contains a “Did You Know” section from the CCLA Real Estate Lawyers Committee. You don’t need to be a CCLA member to subscribe to the newsletter
Find prescribed forms under the Condominium Act, 1998
An informative blog on condominium law published by Davidson Houle Allen LLP
Electronic Registration Procedures Guide published by the Ministry of Government and Consumer Services
A web-portal to provide remote access to search Ontario's Land Registration Records
This website was launched in 2015 to deal primarily with getting more solicitors elected as Benchers in the April 2015 & 2019 Law Society elections.
If you aren’t already on his list, send Sid an email or subscribe on the website and ask to be added to his real estate update list. He periodically circulates useful and interesting information about real estate matters.
Teraview® is your secure one-stop solution to accessing data in the Government of Ontario’s land records database. You can perform searches, create and submit title documents for registration, view and print instruments, plans, official parcel registers and search for writs of execution quickly and easily, without having to visit a ServiceOntario Office. You can even access information after ServiceOntario office business hours. While you're there, subscribe to their newsletter!
The provincial Working Group on Lawyers and Real Estate has updated its website. Check it out for the latest version of the Ontario Standard Closing Documents, gain access to the OREA standard forms, and more
The Working Group launched this initiative to mentor real estate lawyers on best practices. Because it does not have the resources to individually mentor, the concept is to create survey questions about various aspects of the work in a real estate transaction and then provide a comment in response to the survey results. It is hoped that this will generate discussion about the practice, encourage ideas to be shared and create an atmosphere to suggest best practices to better serve our clients and possibly create more efficient practice
Teranet Hard Tokens Expiring; Reminder—Teranet Annual Fee Increase; Know Your Client Rules and Bylaw 7.1; Verification of Client Identification Virtually; Reminder – DRA has been updated; Number of Parcels in Teraview System Limit;Federal Prohibition on the Purchase of Residential Property by Non-Canadians Act; TARION Regulation Amendments
Bank Closures: Sept 30th for National Day for Truth and Reconciliation; Mortgage Discharge Guidelines; DRA Update; Teranet Annual Fee Increase.
Increase to Rate & Extent of Non-Resident Speculation Tax; Mortgage Discharge Guidelines; Know Your Client Rules & Bylaw 7.1; Enforcement of Positive Covenants; Reminder - DRA Updates; Reminder - City of Toronto Municipal Land Transfer Tax Administration Fee Increase; and Consultations on Changes to Condo Regulations for Cancelled Projects.
A LOT from the DOT; REBBA Phase 2 Consultations; Planning Act Amendments
FOLA Real Estate Committee Changes; Annual Increase in Teraview Registration Fees; Teranet Hard Tokens; A Lot from the Dot, LSO Award Nominations; Free Practice-related CPD; and Ongoing Consultations
New Ontario Business Registry: SureFund; LSO Nominations; Free CPD; DRA Updates; Ongoing Consultations
Reminder - National Holiday: Sept 30th; Planning Act (Proposed Regulatory Amendments); New Teranet Statements; New Working Group Survey
Updated DRA and Multi-Party DRA info
LawPRO Updates; Planning Act & Standard Closing Documents
New Anti-Money Laundering Requirements; Current Government Consultations (Ontario): REBBA (Code of Ethics); Land Use Compatibility Guide; Conservation Act. Plus - Congratulations to Eldon Horner, FOLA's Real Estate Committee Co-Chair for winning the Law Society Medal! And Congratulations to Quinn Ross, a fellow Real Estate Lawyer, on becoming a Bencher!
Real Estate Committee Plenary Report; Practicing Real Estate Law During a Pandemic - 1 year later (a definite must read!)
Conveyancer/Unity Fee Increase; Wire Transfers: Fee Payments; New Residential Lease Form; Tarion's Consumer Advisory; & Ongoing Consultations.
Conveyancer/Unity Fee Increase; Condo Buyers' Guide; New Regulator for Ontario's New Home Builders; Ontario Standard Closing Docs; and Government Consultations
Wire Transfers - Fee Payments; and RELG Update
November Plenary Report; Help Needed - Volunteers!; and Teraview® Updates
Teraview Fee Increase; Mortgage Discharge Escalations List; Changes to Writ Fee Reporting; Plan Approval & Filing; and Delivering Mortgage Discharge Payments by Wire
Closing of Land Registry Office to the Public; Virtual Commissioning; Virtual Signing; Sample Modified Jurat; Delivering Mortgage Discharge Payments by Wire; Wire Transfers; Payment of Wire Transfer Fees; Working Group Mentoring Survey; and Ongoing Consultations.
Important Land Registry Information
Reminder: Meeting with the Director of Titles; Wire Transfers; Payment of Wire Transfer Fees; TLA event on Land Registry Office on the Web; and Ongoing Consultations. And you can view a recording of the meeting with the Director of Titles HERE.
Meeting with Director of Titles; Delivering Mortgage Discharge Payments by Wire; Virtual Commissioning Beyond COVID; Planning Act Emergency Suspension Calculator; Ongoing Government Consultations; Working Group - New Mentoring Questionnaire; and Free LSO CPD
Virtual Commissioning; Planning Act Amendments; Tarion Consultations; and a Tarion Advisory
Payment of Mortgage Discharges by Wire; Payment of Wire Transfer Fees; Real Estate Liaison Group Update; Suspension of Limitation Periods Until September; and New Ontario Land Tribunals
Wire Mortgage Discharges; Commercial Eviction Restrictions; & Land Title Applications
RBC Wire Mortgage Discharges & Virtual Commissioning
Remote Commissioning; Authorization for Virtual Meetings; Digital Signatures; & Zombie Deeds
Remote Commissioning; Wire Transfer Fees; Working Group Mentoring Survey; LDD Remote Signing Platform; & Announcing FOLA’s New Board
Updates on Banking; Electronic Funds Transfers; Planning Act; the LRO; and Information about the LDD Remote Signing Platform
Updates on Banking & the LRO
Includes information on LRO & Teraview, Client ID Requirements, Expired ID, Wire Transfers & Wire Transfer Fees, Wiring Funds, and information on the LDD Remote Signing Platform.
Includes update re: LRO, CPD, Remote Signing, ID (expired drivers licenses) and more!
Includes Information on: Law Society CPD; Banking Issues; Title Insurance; DRA; Sending Closing Funds; Corporate Amalgamations and Amendments; & Land Transfer Tax pre-payments
Includes information on Land Registry Offices/LSO Program
Keeping your Real Estate practice going during a pandemic
Closings & client meetings during a pandemic
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