Is the Ontario government about to auction off exclusive access to our land registration system to the highest bidder? Is it in the public interest to have a private monopoly control our land registration system?
These are two of the questions which arise from the passage of the Electronic Land Registration Services Act, 2010 (ELRSA) which received Royal Assent on May 18. It is certain to have a profound impact on every Ontario resident who is a party to a deed, mortgage or other document registered in the province’s electronic land registration system.
The legislation was buried in the March 25, 2010, budget bill and enacted without any announcement, publicity or meaningful stakeholder consultation. Since it originated with the Ministry of Finance rather than the Ministry of Government Services (which oversees the land registration system), it is reasonable to assume that the purpose of the law is to raise money for the government.
A ministry spokesman explained to me that the ELRSA legislation gives the province “new tools” to manage contracts effectively and efficiently for the delivery of electronic land registration services. It allows the province to enter into “new business arrangements to continue to enhance and modernize the electronic service offerings available to the public.”
The new law creates the position of Electronic Land Registration Services Commissioner to oversee and regulate the financial and operating relationship among the government, Teranet and third party service providers.
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