Transfer of Ownership Document
The Transfer of Ownership Document (TOD) provides a reasonable assurance that the seller is the rightful owner of the vehicle.
The TOD assists consumers in several ways. The TOD shows:
- Any vehicle status under the Stolen & Wrecked Vehicle Monitoring Program.
- When the vehicle was last inspected or if it requires a new inspection. Note that a valid Certificate of Inspection (COI) is required to register a vehicle.
- That the seller attests to the accuracy of the odometer reading.
The TOD helps the purchaser make an informed buying decision and should be viewed prior to purchasing a vehicle. It is not intended to eliminate the need for further action to protect yourself when buying a vehicle.
Completing the TOD
The TOD is part of the vehicle registration card. The person selling the vehicle must fill in the date and odometer reading and sign in the space provided. The purchaser must also sign. After completion, the seller separates the registration card, keeping the left portion and giving the right portion (TOD) to the purchaser to present when the vehicle is re-registered.
In the case of an unregistered vehicle, an Ownership Document is provided on request. The registration portion of the document is voided and only the vehicle/owner information is printed.
Exemptions
In most cases, when you buy a used vehicle, you’ll need a TOD to register the vehicle. The following applications for registration do not require a TOD:
- When the vehicle was previously registered to the same owner in this or another jurisdiction.
- When a new vehicle is purchased from a dealer.
- When the vehicle was purchased in another jurisdiction. In this situation, an ownership document or title from the jurisdiction in question must accompany the application. View more information on importing a vehicle.
- When the vehicle was sold by a person who is entitled by law to sell the vehicle without the owner’s consent.
Death-related transfers
When the registered owner dies, the vehicle registration remains valid until it expires or is cancelled. However, you must notify us, through your Autopac agent, about the owner’s death.
Transferring ownership from the deceased to a new owner requires certain documentation.
For all vehicles acquired from an Estate you must have a Transfer of Ownership Document (TOD), as well as other supporting documents which provide proof of ownership.
When a vehicle owned by an estate is sold to a third party, a bill of sale (signed by the estate executor or disposer) is required, in addition to the other documents listed here.
Situation 1 – Will Not Probated
If there is a will but it is not probated, you will require the following documents:
- A complete Statutory Declaration & Indemnification Agreement – The Statutory Declaration & Indemnification Agreement form is to be completed by the executor, administrator, or disposer only. Signing the statutory declaration makes the applicant subject to a Criminal Code of Canada penalty for making a false statement under oath in an affidavit or statutory declaration.
- Copy of the will, which was certified as a true copy by the executor
- Copy of the death certificate
- Transfer of Ownership Document (TOD)
Situation 2 – No Will and No Letters of Administration
If there is no will and no Letters of Administration, you will require the following documents:
- A complete Statutory Declaration & Indemnification Agreement – The Statutory Declaration & Indemnification Agreement form is to be completed by the executor, administrator, or disposer only. Signing the statutory declaration makes the applicant subject to a Criminal Code of Canada penalty for making a false statement under oath in an affidavit or statutory declaration.
- Copy of the death certificate
- Documentation, if available, indicating that the person disposing of the deceased’s assets has the right to do so, (for example, court order, bankruptcy proceeding order)
- Transfer of Ownership Document (TOD)
Situation 3 – Probated Will
If there is a probated will, you will require the following documents:
- Copy of the will, naming the applicant as the beneficiary of the vehicle
- Certified copy of Letters Probate
- Copy of the death certificate
- Transfer of Ownership Document (TOD)
Situation 4 – No Will but Letters of Administration Obtained
If there is no will but letters of Administration have been obtained, you will require the following documents:
- Certified Copy of the Letters of Administration issued by the Surrogate Court, appointing the Administrator of the Estate
- Copy of the death certificate
- Transfer of Ownership Document (TOD)
Situation 5 – Joint Owners
When vehicles are jointly owned, they do not automatically fall into the estate of the deceased person. Instead, they pass to the surviving joint owner(s). To have a vehicle registered solely in the name of the surviving joint owner(s), you will require the following documents:
- Proof of joint ownership (Transfer of Ownership Document (TOD) or other proof of ownership documents acceptable to the Registrar of Motor Vehicles).
- Copy of the death certificate