Registering a Power of Attorney on Title in Ontario Land Registry

If you are signing a transfer or mortgage for someone else under a power of attorney for property, the paperwork on title is stricter than many people expect. The land registry system is electronic, and the power of attorney itself has to be reviewed and filed correctly.

This article walks through how the document is registered, what statements are involved and the common reasons a registration runs into trouble. The current statement wording and requirements should be confirmed by your lawyer for your file.

What a power of attorney for property allows

Ontario's guidance explains that the attorney does not need to be a lawyer, the person granting the power must be 18 or older and mentally capable, and typical duties include keeping up or selling the house. The attorney can usually act right away unless the document says it takes effect only on incapacity.

Whether a particular document lets the attorney sell or mortgage a specific property depends on its wording. A limited power of attorney may cover only certain acts, which matters when a registration is checked.

Why a lawyer is needed to register

On the electronic system, most transfer of title documents need two different lawyers to sign for completeness. One lawyer may sign alone in limited cases, such as estate-trustee-to-beneficiary transfers or certain related-party transfers. Only a lawyer can sign for completeness an electronic registration document requiring compliance-with-law statements, and non-lawyers may sign such documents for release only. This is why a paralegal, notary or title company cannot register a transfer or mortgage on their own.

Access is controlled too. Teraview users need a unique access key and must meet identity, financial resources and good character and accountability criteria, and users without authorization have search-only access.

The statements and steps for an individual's power of attorney

When an individual registers a document under a power of attorney, a law statement is required. The lawyer must review the power of attorney with the client and the attorney. The original signed and witnessed power of attorney, or a notarial or certified copy, must be scanned into the electronic registration.

Documents signed under a corporate or bank power of attorney do not need the law statement, and the attorney instead states they are acting within the scope of the power of attorney.

Common reasons a registration runs into trouble

Registration is checked against the requirements above, so problems usually come from gaps in the paperwork or the facts. Which issues will actually cause a rejection on your file is something your lawyer can confirm.

• No scanned copy of the original or a notarial or certified copy of the power of attorney.
• The wrong choice between the limited and general statements.
• Uncertainty about whether the power of attorney has been revoked or the donor has died, since revocation uses statement 2914 for a court order or 2916 for the donor's death.
• No lawyer review of the document with the client and the attorney.
• A corporate or bank power of attorney treated as if it were an individual's, or the reverse.
• A document that does not clearly give the attorney authority over the property or the type of transaction, or an attorney who is not acting within its scope.

If the donor is incapable or has died, or there is a family dispute about the attorney's authority, the situation needs legal advice before anything is signed.

What to do next

• Find the original signed and witnessed power of attorney, or a notarial or certified copy.
• Check the wording to see whether it is general or limited and whether it takes effect immediately.
• Confirm the person who granted it is alive and has not revoked it.
• Gather government identification for the attorney and the donor.
• Contact a real estate lawyer early, since the lawyer must review the document with you before registration.
• Bring any family or lender correspondence about the transaction so the lawyer sees the full picture.

Frequently asked questions