Who Can Be an Owner? DISCLAIMER The materials in this training manual are for demonstration purposes only. The forms are subject to change at any time without notice. Use of outdated forms may result in transactions being rejected or delayed. Always look to the web site for the most recent versions of the forms. Information Services Corporation will not be responsible for loss resulting from the use of outdated forms. The characters and events depicted in this manual are fictional. Any similarity to real events or persons (whether living or deceased) is unintentional. Copyright 2003, Information Services Corporation (ISC). All rights reserved. You may not copy, reproduce, translate or reduce to any electronic medium or machine-readable form, in whole or part, without prior written permission of Information Services Corporation (ISC). While every reasonable precaution has been taken in the preparation of this manual, the author and publishers assume no responsibility for errors or omissions, nor for uses made of the material contained herein and the decision based on such use. Neither the author nor the publishers make any images, warranties or guarantees of any kind, either express or implied. Neither the author nor the publishers shall be liable for any indirect, special, incidental, or consequential damages arising out of the use or inability to use the contents of this book whether the publisher has been advised of the use of this publication or not. 2005 02 03
Table of Contents Owners... 2 Who Can Be an Owner...2 Ownership Structures...3 Trusts, Personal Representatives, Bankruptcy...3 Children and Dependent Adults...3 Changes of Ownership (Transfers)...4 Change of Name...6 Evidence Required to Support Change of Name...6 Why Additional Documentation is Required?... 6 The Minimum Documentation ISC Can Accept... 7 Name Change: Individual...8 Name Change: Non-Individual...10 Authorization forms...12 Single Title Transfers... 13 Multiple Title Transfers... 14 Interests... 15 Transforms... 16 Affidavit of Execution...17 Affidavit Verifying Corporate Signing Authority...18 2005 02 03 i
Owners Who Can Be an Owner Section 33 describes who can be shown as an owner on title or a holder of a registered interest in land. It includes: Individuals that is, natural persons. The Crown. Bodies corporate. Any other entity that is designated in the regulations. Bodies corporate include all corporations that are entitled to own land in Saskatchewan or to hold an interest in land in Saskatchewan. This includes: Business corporations incorporated under The Business Corporations Act. 1 Non-profit corporations incorporated under The Non-Profit Corporations Act, 1995. 2 Bodies corporate established by public or private statute, such as Crown corporations, municipal corporations, cooperatives and credit unions. The Land Titles Registry will be using the database maintained by the Corporations Branch as its database of bodies corporate. That agency will determine whether a particular entity is a body corporate within the meaning of the section, and will assign entity numbers to all such bodies corporate that require one to own a title or hold an interest. Other entities designated in the regulations might include entities that are not bodies corporate but that are entitled to register interests in land, or entities such as Indian bands that will eventually be permitted to own title in the name of the band. 1 R.S.S. 1978, c. B-10 2 S.S. 1995, c. N-4.2 2005 02 03 2
Ownership Structures As mentioned previously, titles can be owned by joint tenants or tenants in common. In rare circumstances, they can also be held by joint tenants with no survivorship. 3 In the case of interests, the interest holders can be designated as tenants in common or joint tenants. Both the old and the new legislation deem ownership to be as tenancy in common in the case of more than one owner, unless the application for registration specifically states otherwise. 4 Trusts, Personal Representatives, Bankruptcy As always, trustees that own title cannot be shown as such. 5 The reason is that displaying trusts would be inconsistent with the fundamental Torrens principle of reliability of title. The prospective purchaser and the Land Titles Registry are entitled to deal with the owner as though there were no trusts. It would be confusing to maintain this principle but notify people that there is, in fact, a trust. This rule is subject to certain exceptions. It is the tradition in Saskatchewan to show personal representatives and trustees in bankruptcy on the title in their capacity as such. This practice is being continued in the new LAND System. 6 Children and Dependent Adults It is well settled that children and dependent adults are entitled to own land and interests in land in Saskatchewan. It is also well settled that no child has, and most dependent adults do not have, the legal capacity to deal with that property. Accordingly, the new LAND System has the capability of tracking which titles and interests are owned by children 7 and dependent adults 8 to notify the customer and the Land Titles Registry that the property can be dealt with only by someone authorized by law to do so. 3 Common law permits this form of ownership only for title and only in the case of trustees or personal representatives as owners. 4 Op. Cit., The Land Titles Act, 2000, subsection 34(3) 5 Ibid., section 35 and The Land Titles Act, section 73 6 Ibid., subsections 35(3) and 35(4) 7 Ibid., section 39 8 Ibid., section 40 2005 02 03 3
Occasionally, titles and interests that actually belong to children will not be flagged as belonging to a child. In that case, the affidavit of execution that is completed by the witness to the signature of the owner or interest holder will not be able to declare that the individual executing the document is over the age of 18. Without this affidavit, the transaction will not proceed with only the authorization of the owner. Changes of Ownership (Transfers) In the new LAND System, all changes of ownership are accomplished by way of a transfer. 9 This includes: Voluntary transfers from the registered owner to a purchaser for value. Voluntary transfers from the registered owner to a recipient (or volunteer ) for no value. Involuntary transfers pursuant to an expropriation, tax enforcement proceeding, or court order. Transmissions to a personal representative or trustee in bankruptcy. Transfers to a surviving joint tenant. Statutory vesting, such as the vesting of streets and lanes in the Crown upon the issuing of new titles following a subdivision. In order to register a transfer, the Land Titles Registry requires appropriate authorization. In the case of a voluntary transfer, this authorization is the signature of the registered owner, verified by affidavit of execution or, where the witness is a barrister and solicitor, the signature of the witness. In the case of an involuntary transfer, the authorization comes from the expropriation order, the tax enforcement order, or the court order. In the case of a transmission, the authorization comes from the production of the document verifying the authority of the new owner, such as letters probate, letters of administration, or an appointment of a trustee in bankruptcy. In the case of a surviving joint tenant, the authorization is the Affidavit accompanied by the death certificate of the deceased joint tenant. In any case where a transfer is registered, all interests that show against the transferred title are carried forward onto the new title, unless discharged or unless some other law prevails. Examples of such a law are tax enforcement proceedings, under which the municipality receives the title clear of all interests except Crown 9 Ibid., clause 2(1)(ss): transfer means to convey a title pursuant to this Act, whether voluntarily or otherwise and whether for value or otherwise, and includes a Crown grant unless the context requires otherwise 2005 02 03 4
interests, 10 and land that is vested in the Crown or a municipality following a subdivision, which is clear of all interests. 11 10 The Tax Enforcement Act, R.S.S. 1978, c. T-2, section 26.1(8) 11 Op. Cit., The Planning and Development Act, 1983, section 205(3) 2005 02 03 5
Change of Name The name change process sets out the rules for changing names of individuals and non-individuals. Name changes made will then display on all Land Registry records that are related to that entity (i.e., individual or non-individual). Once the Change of Name/Client Number Amalgamation form (available from the ISC website - www.isc.ca - under Forms, Client and Account Management) is completed, it is sent to ISC, c/o the e-business Services Centre, for processing. See the Change of Name/Client Number Amalgamation - INSTRUCTION SHEETS, which is also available online, for more detailed instructions. Non-individual name changes (excluding convenience corporations) are processed by Corporations Branch. Once the change is made in Corporations Branch (COBRA), the changes are inserted into the LAND System. No fee is charged for this change of name service. Evidence Required to Support Change of Name Information Services Corporation (ISC) requires specific evidence to support an application to Change Name associated with a client number. The same evidence is required to support the situation where the name of the authorizing party and the name of the title owner or interest holder is not the same. Why Additional Documentation is Required? The purpose of requiring documentation to supporting a request to Change Name associated with client number (or to support the situation of differing authorizing party and owner/interest holder) is to provide ISC with clear evidence, from a reputable source, that one name, in fact and law, has replaced another name. In other words, we need something reliable that tells us that the party providing the authorization is the correct party to do so where the names are inconsistent. 2005 02 03 6
The Minimum Documentation ISC Can Accept The evidence on the face of a copy of a certificate from a corporations registry may be enough for ISC requirements. ISC will not always require the articles to be attached as these may run into many pages and provide little or no additional information. The evidence will be clear from the face of a copy of a corporate certificate if: Both the "old" and "new" name appear on the face of the certificate. The reason for the change of name appears on the face of the certificate (amalgamation, etc.). The certificate has been signed and sealed by an official of the registry or if the certificate is otherwise 'certified'. In the case of a seal on a corporate certificate, it is sufficient if the outline of the seal is visible. It will not be necessary to make out all the words in the seal. However, if the document does not appear to have any seal at all, the certificate of lawyer or notary will be required. Remember the Land Titles Office (LTO) backing page showing the LTO registration number and date will also be sufficient to make the document acceptable. Where a client has undertaken several changes of name over time, it may provide several corporate certificates that will show the "chain" of name changes. Again, the articles need not be supplied if the criteria set out above are satisfied. If the corporate certificate alone cannot satisfy the criteria, however, it will be necessary to provide further documentation. This may be the articles themselves, a portion of the articles or other documentation from the corporations registry. Remember, there are other documents to consider when one has a name on title that does not match the name of the authorizing party: A Court Order - this document must be received in its entirety. A citation of legislation - the client may merely cite the Act and the applicable section or the client may provide an excerpt from the Act or a copy of the Act itself. It will be common to see a mere citation of the Act or a brief excerpt. 2005 02 03 7
Name Change: Individual There are two reasons that a name change request may be submitted to ISC: To change a name as the result of a change in personal circumstances (e.g., legal change of name, marriage, divorce, court order, adoption, etc.). To correct a name as a result of a client error (i.e., the name submitted was spelled incorrectly). When a client has multiple client numbers (this may include a combination of both Land registry and non-land registry related), this may be included and form part of the name change request. When the required information is provided, the name change is then entered and all future transactions using the old client numbers will reference the new name. Follow the steps illustrated below to change the name of an individual: " Download the Individual Change of Name/Client Number Amalgamation form, applicable Affidavit and Instruction Sheet from the website. " Complete the form following the steps in the Instruction Sheet. " Complete an Affidavit of Identity - Individual Change of Name or Affidavit for Individual Name Correction executed by the affected individuals or their solicitors that includes: All affected names (i.e., as they were) and corresponding client numbers. New full name (no initials are permitted unless they are shown as the changed name in the attached Vital Statistics Certificate). Include the second name, third name, and generation, if applicable. The circumstances under which the name is being changed. The authority under which the name is being changed. And Confirmation that the individual named therein is one and the same individual as the new name set out in the attached supporting Certificate. An affidavit of identity can be sworn on behalf of the registered owner or interest holder as well as by the registered owner or interest holder. Although this wording 2005 02 03 8
was meant to address those situations in which the registered owner or interest holder is deceased, the wording cannot be taken as being limited to these situations. Any person including Personal Representatives, Solicitors, etc. may swear an affidavit of identity on behalf of the registered owner or interest holder where the names do not match. " Include attachments, if applicable, such as a Certificate of Name Change. When faxing forms, set the resolution on your fax machine to fine. " Mail, fax, or email the completed form, Affidavit, and, where applicable, the required Certificate or supporting documentation to ISC c/o: e-business Services Centre 1301 1 st Avenue, Regina, Saskatchewan, S4P 3V7 fax: (306) 798-1399 email: e-bsc@isc.ca " Once the name change is completed, a confirmation letter is sent to both the: Affected entity at the new address (if changed). And Requesting party. 2005 02 03 9
Name Change: Non-Individual A non-individual legal name change (excluding convenience corporations) can only be processed by Corporations Branch (COBRA). Once the change is made in Corporations Branch, the COBRA download communicates the change to the Common Entity database. Any further transactions using the associated client number will refer to the changed name. A request for a convenience corporation name change, accompanied by (where applicable) the required supporting documentation are submitted to Common Entity for one of three reasons: To change the name to accommodate amalgamations and/or a branch relationship addition. To standardize multiple name variations of the same client in the Common Entity database. To change the name as a result of a client error (i.e., the name submitted was spelled incorrectly). When a client has multiple client numbers in the Common Entity database (this may include a combination of both Land registry and non-land registry related), this may be included and form part of the name change request. Convenience corporation names may be changed to another convenience corporation or to a COBRA entity. When the required information is provided, the name change is entered in the Common Entity database. Any further transactions using the associated client numbers will refer to the changed name. 2005 02 03 10
Follow the steps illustrated below to change the name of any non- individual: " Download the Change of Name/Client Number Amalgamation form, applicable Affidavit and Instruction Sheet from the website. " Complete the form following the steps in the Instruction Sheet. " Complete the applicable Affidavit executed by the entity s proper signing officer or their solicitor that includes: All affected names (i.e., as they were) and corresponding client numbers. New firm name. Identification that all the convenience corporations named therein are in the Land Registry records as a current title owner, interest holder, alternate holder, and/or personal representative. Confirmation that the convenience corporations named therein are all one and the same as the new entity. Additional details and information that may support the name change. When faxing forms, set the resolution on your fax machine to fine. An affidavit of identity can be sworn on behalf of the registered owner or interest holder as well as by the registered owner or interest holder. Although this wording was meant to address those situations in which the registered owner or interest holder is deceased, the wording cannot be taken as being limited to these situations. Any person including Personal Representatives, Solicitors, etc. may swear an affidavit of identity on behalf of the registered owner or interest holder where the names do not match. " Mail, fax, or email the completed form and Affidavit to ISC at the e-business Services Centre. e-business Services Centre 1301 1 st Avenue, Regina, Saskatchewan S4P 3V7 fax: (306) 798-1399 email: e-bsc@isc.ca " Once the name change is completed, a confirmation letter is sent to both the: Affected entity at the new address (if changed). And Requesting party. 2005 02 03 11
Authorization forms ISC Authorization forms (available from ISC website - www.isc.ca - under the Forms tab) have three distinct sections: Authorization section - differs slightly for each transaction type (e.g., Single Title Transfer, Surrender/Setup Transfers, Interests and Transforms). Affidavit of Execution section. Affidavit Verifying Corporate Signing Authority section. The following factors will determine which requirements must be identified within the authorization: These factors will determine which parts of the Interest Authorization form are mandatory. The nature of the party providing the authorization (individual or corporation). The use of a corporate seal. And The jurisdiction where the authorization is completed. The ISC forms illustrated below are for usage in the LAND System. Their usage is not mandatory and custom made authorization forms are still acceptable as long as they meet the mandatory requirements for the transaction they authorize. For in depth information on the completion of the Authorization Forms and Affidavits, refer to the Common Authorizations Manual available at www.isc.ca, under Support, Reference Materials. 2005 02 03 12
Single Title Transfers When a parcel number is substituted for a title number in a Transfer Authorization (Single Title) form, the parcel must only contain the specified title. It must be a one-to-one association. Apart from the information described in the Common Authorizations Manual referenced above, which covers the requirements for authorizations, the following explains what information must be identified for any Transfer Authorization (Single Title) form to be accepted by ISC: The Title Number being authorized for transfer. If a Parcel number is substituted for the Title Number on the Transfer Authorization (Single Title) form it must be verified that the parcel number specified contains only the title number presented on the Application for Transfer (Single Title) form. When a parcel number is used as a substitute for a title number on the Transfer Authorization (Single Title) form the word "Title" should be crossed out and replaced by the word "Parcel". This will initiate a verification search by CSC staff to ensure that only the title in questions is associated with the parcel number presented. If the parcel contains more than one title or the title associated with that parcel does not match the title number specified in the Application for Transfer (Single Title) form, the authorization is not valid and the packet will be rejected. See the Transfer Authorization (Single Title) Instruction Sheet online for more detailed information regarding this authorization form. All forms and instruction sheets can be found on the ISC website (www.isc.ca) under the Forms tab. 2005 02 03 13
Multiple Title Transfers Apart from the information described in the Common Authorizations Manual referenced above, which covers the requirements for authorizations, the following explains what information must be identified for any Transfer Authorization (Multiple Titles) form to be accepted by ISC: A parcel number cannot be substituted for title number(s) on the Transfer Authorization (Multiple Titles) form. The Title number(s) being authorized for transfer OR the Application Sequence number(s) pertaining to the titles that will be transferred within the same packet. The "to" section. This identifies to whom the titles will be transferred to. See the Transfer Authorization (Multiple Titles) Instruction Sheet online for more detailed information regarding this authorization form. All forms and instruction sheets can be found on the ISC website (www.isc.ca) under the Forms tab. 2005 02 03 14
Interests Apart from the information described in the Common Authorizations Manual referenced above, which covers the requirements for authorizations, the following explains what information must be identified for any Interest Authorization form to be accepted by ISC: The reason for the Interest Authorization. One of the following checkboxes must be identified: Interest Assignment. Interest Discharge, Full or Partial. Interest Amendment. If the Interest Authorization authorizes an Interest Assignment, the "in favour of" section must also be completed. Simply insert the name of the interest holder being assigned this interest. The Interest/Share Numbers being authorized for Assignment, Discharge or Amendment. See the Interest Authorization Instruction Sheet online for more detailed information regarding this authorization form. All forms and instruction sheets can be found on the ISC website (www.isc.ca) under the Forms tab. 2005 02 03 15
Transforms The following explains what information must be identified for any Transform/Multiple Transfer Authorization form to be accepted by ISC: The type of transfer as presented in the Application for Transfer (Part I: Surrender) form. One of the four checkboxes must be selected: Transform Number. Transfer of Full Parcel Number. Transfer of Condominium Unit Number in Parcel Number. Transfer of all Mineral Commodity Title in Parcel Number. The "to" section must be completed. This identifies to whom the titles will be transferred to. The owner name(s) identified on the Application for Transfer (Part II: Setup) must be listed here. See the Transform/Multiple Transfer Authorization Instruction Sheet online for more detailed information regarding this authorization form. All forms and instruction sheets can be found on the ISC website (www.isc.ca) under the Forms tab. 2005 02 03 16
Affidavit of Execution The Affidavit of Execution is required whenever a witness (that is not a lawyer in and for the province of Saskatchewan) is used to verify the signature of an authorizing party. The Affidavit of Execution is not required when a corporate seal is present or when the witness is a lawyer in and for the province of Saskatchewan. Please refer to the Common Authorizations Manual for more detailed information regarding affidavits, available at www.isc.ca, under Support, Reference Materials. 2005 02 03 17
Affidavit Verifying Corporate Signing Authority This affidavit is only required whenever authorization is provided by a corporation and no corporate seal is present. If an authorizing party signs under seal in the Authorization section of an authorization form, there is no need for a witness or a verification of signing authority. Please refer to the Common Authorizations Manual for more detailed information regarding affidavits, available at www.isc.ca, under Support, Reference Materials. 2005 02 03 18