Land Registry Law Society of Saskatchewan Focus on: Real Estate ISC Update Report Prepared by: Lora Bansley and the ISC Land Registry Team Presented by: Lora Bansley Date:
Table of Contents LAND REGISTRY OVERVIEW...3 I. Land Registry Volumes... 3 Online Submission (OLS) and Forms Metrics... 3 RECENTLY COMPLETED INITIATIVES...4 I. Fractional Ownership of Minerals... 4 II. Condominiums: Phase I... 8 III. Customers Correcting Their Own Errors... 9 IV. New Withdrawal of Certificate of Action Form... 11 V. Changes to the Assurance Provisions in The Land Titles Act, 2000... 12 VI. Fee Mitigation... 13 INITIATIVES UNDERWAY: 2012 AND BEYOND... 17 I. Online Submission (OLS) Adoption... 17 II. Map Search 2.0: The Evolution of Map Search... 18 III. Changes to the Lapsing Procedure... 20 IV. Condominiums: Phase II... 21 APPENDICES... 22 Appendix A: Affidavits for Correcting Errors - Instructions... 22 Appendix B: The Land Titles Regulations, 2001... 30 Appendix C: Land Registry Fee Schedule... 32 Law Society of Saskatchewan Page 2 of 35
LAND REGISTRY OVERVIEW I. Land Registry Volumes Saskatchewan continues to have a strong real estate market as reflected in ISC s volumes, with a 1.6 percent increase in transaction volumes in 2011 from 2010. In 2011, ISC registered a total of 177,470 packets compared to 174,687packets in 2010. Title transfer volumes in 2011 were lower than 2007 and 2008 volumes but higher than 2009 and 2010. May and June of 2012 were the busiest months for title transfer registrations, with 8657 and 8417 registered each month respectively. The average title value is the highest it has ever been with a year to date value of $149,943. This is up 6.4 percent from 2011 and up almost 50 percent since 2008. Despite the increase in volumes, ISC has been able to maintain turnaround times below the 2.5 day target with an average of 2.37 days in 2011 and 2.24 days from January to August 2012. Fair Market Value Per Title Transfer (Regular Fee Title Transfers) $160,000 $140,000 $129,579 $140,530 $149,943 $120,000 $100,000 $80,000 $68,263 $70,256 $74,224 $87,548 $100,597 $113,650 $60,000 $40,000 $20,000 $0 2004 2005 2006 2007 2008 2009 2010 2011 2012 Online Submission (OLS) and Forms Metrics ISC has managed to process an increasing amount of transactions in less time due in large part to the use of Online Submissions (OLS). OLS was introduced in 2005 as an internet based Law Society of Saskatchewan Page 3 of 35
Q1 2006 Q3 2006 Q1 2007 Q3 2007 Q1 2008 Q3 2008 Q1 2009 Q3 2009 Q1 2010 Q3 2010 Q1 2011 Q3 2011 Q1 2012 submission method. In 2006, a year after the launch, 39 percent of packets were submitted through OLS. Now approximately 68 percent of transactions are submitted through OLS. One of the greatest benefits of OLS to both customers and ISC is the significant increase in packet acceptance experienced. Over two thirds more OLS packets are successfully registered the first time compared to submissions utilizing the traditional forms based method. The average rejection rate (returned for a deficiency) for forms packets is 26 percent compared to 7 percent for OLS packets. The reduction in rejections saves time and money by reducing unnecessary rework and also improves turnaround times. 70% 60% 50% 40% 66% 65% 67% 67% 68% 68% 60% 61% 59% 60% 60% 61% 57% 47% 48% 47% 48% 49% 51% 52% 53% 46% 45% 42% 39% 39% 30% 20% 10% 0% OLS Usage OLS Rejection Rate Forms Rejection Rate RECENTLY COMPLETED INITIATIVES I. Fractional Ownership of Minerals The concept of restricting the fractional ownership of mines and minerals is not foreign to the land registry in Saskatchewan. A restriction regarding the creation of an undivided fractional interest on a parcel of land containing mines and minerals was first introduced in 1950 as a onetwentieth interest. By 1954, it was raised to a one-quarter interest. The provision was enacted in the legislation to prevent the creation of a large number of fractional interests in minerals in recognition that it was hampering their development. Also, the fractional interests were Law Society of Saskatchewan Page 4 of 35
creating difficulties for the guarantee of title due to errors, particularly situations with more than 100% ownership. When the land registry was modernized in 2000, the decision was made to lift the restriction. It was felt that severing the mineral interest from the surface and creating separate mineral titles would alleviate many of the problems that hindered the transfer of mineral interests and led to questionable certainty of title. On March 5, 2012 ISC announced it will no longer allow a mineral title to be split beyond a 1/20 th tenant in common share of the title. The process to limit fractional ownership shares was several years in the making. We consulted with stakeholders in the resource sector, legal community and our partners in government to determine how best to limit fractional ownership of minerals in Saskatchewan to ensure the province remains as competitive as possible with neighbouring jurisdictions in mineral exploration and development. By limiting fractional ownership shares: The resource sector incur fewer costs when dealing with mineral owners; The number of orphaned mineral titles is reduced; Economic development of Saskatchewan is enhanced; and Mineral title owners may see more business interest in their mineral holdings if they are less fragmented. Example: A customer has a fractional tenant in common mineral title and wants to split it up further among his or her children. Action: An amendment to The Land Titles Act, 2000 effective March 5, 2012, now prohibits a mineral title from being split into fractions smaller than 1/20. Law Society of Saskatchewan Page 5 of 35
This will not restrict someone who already has a share smaller than 1/20 from transferring that title as long as it isn t split any further. Law Society of Saskatchewan Page 6 of 35
A title that is already smaller than 1/20 th can be consolidated into a share that is smaller than 1/20 th. The amendment will not prohibit a mineral owner with a 1/20 th share from transferring to as many joint tenants as required. Benefit: Law Society of Saskatchewan Page 7 of 35
Fractional mineral titles smaller than 1/20 th provide a challenge when it comes to mineral development. The new restriction strikes a balance between the rights of title owners and the ability to facilitate mineral development within the province. II. Condominiums: Phase I In 2010, condominium legislation was amended in order to facilitate the creation of multi-use condominium developments in the province and to better serve the needs of new condominium developments. The legislation also helped align Saskatchewan with other Canadian jurisdictions. The Ministry of Justice and Attorney General (Ministry) and ISC partnered to develop and implement the needed amendments, in response to customers requests. There were several significant concepts which customers wanted to be able to accomplish, which were not facilitated by the legislation. The Ministry held customer consultations to validate the concerns, and ISC amended and updated its policies, processes and computer system to accommodate the necessary changes. As a result, customers now have the ability to: Create titled parking units o o o o o Developers now have the option to have titled parking units. Before the legislation changed, it didn t permit the parking units in a condominium development to be titled in the name(s) of a residential unit owner. The option now exists to title parking units on a go-forward basis in new condominium developments. If the developer decides to have titled parking units, the parking units must be defined on the survey plan that is submitted to ISC. The plan will also contain a declaration that each residential unit has at least one parking unit assigned to it, unless an exemption is granted by the municipality. Along with the ability to raise title to a parking unit, ISC creates a link between a residential unit and a corresponding parking unit. Parking unit owners have the ability to transfer parking titles to other people and acquire new ones. When these transfers occur, the links to residential condominium units will be updated in ISC s systems, where necessary. Law Society of Saskatchewan Page 8 of 35
o Customers find the current process for re-designating traditional parking spaces that are not titled, very time-consuming and cumbersome. Traditional parking designations are handled on the plan of survey and through interests on title and interest assignments. Titled parking provides an alternative to this process. Title common property in the name of the condominium corporation o The option now exists to title common property in the name of the condominium corporation. The resulting units, which are described in a condominium plan, are called services units. Common property areas include any laundry room, recreational facility, landscaping area, roadway, hallway or other area intended for the benefit and use of all the owners in the development. Facilitate the governance of multi-purpose developments o o The option now exists to include different types of condominiums developments (e.g. bare land and regular condominium types) on the same plan of survey. The option now exists for a condominium corporation to form smaller groups called sectors to manage their own affairs. For example, in a condominium development with a mix of both residential and commercial spaces, a residential sector may be created to manage the residential portion of the development, while a commercial sector may be created to manage the commercial portion of the development. All of these changes were designed to better serve the needs of condominium developers and purchasers, and they reflect ISC s continued commitment to improving the customer experience. III. Customers Correcting Their Own Errors Customers asked ISC for an easier way to correct errors made on applications that are clerical in nature. In response, ISC now permits certain errors to be fixed by way of a sworn affidavit. Example: Law firms have on occasion submitted applications to ISC that contain errors and want to be able to correct the error themselves without having to send authorization forms to their clients Law Society of Saskatchewan Page 9 of 35
for execution (e.g. - including the incorrect mortgage amount or the incorrect interest holder name). Action: Customers are allowed to correct their own errors through an affidavit if the errors are accidental and the correct information could be easily verified by the attachment. For example, a customer could correct an error by affidavit if: The mortgage amount on the application differs from the amount on the attached mortgage; The name on the application differs from the attached mortgage (e.g. - the mortgage application states Royal Bank when it should be Bank of Montreal); The application missed registering an interest against a title/parcel/interest where the missing title/parcel/interest number was referred to in an attachment (e.g. - the customer wanted to register against six title numbers but only registered against five); Meaningless information has been included in the application that should not appear in relation to the transaction (e.g. - an interest value is indicated for an easement); The holder/owner has the same name as the intended holder/owner but used the wrong client number. If an interest has been registered in the wrong interest holder name or under the wrong client number, a customer can fix the error by submitting an interest assignment packet. If an interest has been registered in error because of an interest detail, one can fix the error by submitting an interest amendment packet. No authorization form is required in either of these circumstances. The authorization is the affidavit executed by either the lawyer who submitted the packet, or if the packet was submitted by a non-lawyer, someone in a position of authority with the submitting party (like an officer or a director of a corporation). There is no standard form for the affidavit submitted. The affidavit, however, must: Indicate that a clerical error was made; Describe the nature of the error; State what the correct information should be in the application; and Append some documentation to confirm the information contained in the affidavit. Only the portion(s) of the documentation that is relevant to the error needs to be submitted. Sample affidavits and more information about the process can be found in Appendix A. Law Society of Saskatchewan Page 10 of 35
Benefit: The law firm is saved the time and expense it would have taken to contact the client to correct a minor inadvertent mistake and the Land Registry records reflect the correct information. IV. New Withdrawal of Certificate of Action Form If a customer wanted to withdraw a certificate of action that was previously submitted to ISC to prevent a builders lien from lapsing, Form K from the Queen s Printer Website would have to be utilized. This form had become confusing since it referenced old-world Land Titles terminology. ISC updated the form to align with current terminology. Example: A customer wants to withdraw a Certificate of Action and prints the form from the Queen s Printer website. The form asks the customer to enter the instrument number the Certificate of Action was given when it registered against a title. The customer looks at the title and sees that the Certificate of Action isn t registered as an interest and is not given an instrument number. Law Society of Saskatchewan Page 11 of 35
Action: ISC created an updated version of the form and posted it to the ISC website, replacing instrument number with the title number. Benefit: There is less confusion completing the form. V. Changes to the Assurance Provisions in The Land Titles Act, 2000 The Saskatchewan Torrens land registration system is founded on several key principles, one of which is access to assurance. This principle is imbedded in The Land Titles Act, 2000 providing users of Saskatchewan s system the ability to rely on the system and if the Registrar or someone acting under delegated authority makes an error in performing his/her duties and functions under the Act, they will be compensated. The assurance provisions also provide coverage in relation to certain fraudulent transactions registered in the land registry. Amendments to the assurance provisions in The Land Titles Act, 2000 were proclaimed into force on March 5, 2012 to provide additional protection to title owners against losing their land as a result of fraud. The amendments were recommended by the Law Reform Commissions of Saskatchewan and Manitoba and after consultations with the Law Society of Saskatchewan and the Canadian Bar Association. It has always been a fundamental tenet of the Torrens system that in circumstances where a fraud occurs involving a rightful owner and an innocent purchaser, one person will receive the land, while the other person will receive financial compensation. The legislation now makes it clear that in cases where rightful owners who have been removed from title by fraud who have been in continuous possession and occupation of a home while the fraud occurred are able to Law Society of Saskatchewan Page 12 of 35
get the title back into their name (if they choose) even if there has been an innocent purchaser for value registered on title as owner. It makes more sense for the registered owner in possession to receive the home, while the innocent purchaser receives compensation. A new section 101.1 provides the Registrar with authority to correct the land titles registry to restore land to the former registered owner in certain circumstances. Subsection 108(c) allows the registrar to refer the matter to court in appropriate circumstances. This is intended to facilitate a quicker and less costly rectification process if the circumstances warrant. In cases where registered owners lose their home as a result of fraud, section 87(7) provides for compensation in excess of the value of the title to cover the additional costs associated with purchasing a new home. Section 103.2 of The Land Titles Regulations, 2001 prescribes the types of expenses which will be compensated including legal fees and real estate agent fees. Section 84 was expanded to make certain mortgagees eligible for compensation if they enter into a fraudulent mortgage as long as they meet the required standard of due diligence when entering into the mortgage and are not covered by any other insurance for their loss. Mortgages that are registered against the fraudulently transferred title present a barrier to restoring title to the former registered owner. The purpose of providing compensation to mortgagees is to eliminate this barrier. Section 96.1 was added to eliminate the possibility of a title insurer claiming assurance compensation for monies paid out under an insurance policy. The due diligence standard that mortgagees must demonstrate before receiving compensation is set out in section 103.1 of The Land Titles Regulations, 2001 (attached as Appendix B) and is intended to ensure that the land registry does not assume the business risks taken by financial institutions. Financial institutions do not have to meet every requirement included in the due diligence regulations, but must demonstrate that the steps they did take were reasonable and sufficient to verify that the registered owner was transferring or mortgaging the property. These changes to the assurance provisions in The Land Titles Act, 2000 enhance the security and integrity of the Saskatchewan Land Titles Registry. VI. Fee Mitigation There are several land registry transactions which qualify for fee mitigation. All policies related to fee mitigation can be found at www.isc.ca under Land Registry Help/Policies and Procedures. Reduced Fee Transactions: ISC charges a reduced fee of 0.1% of title value on the following transactions: The first instance of raising a title from surface to condominium status; Law Society of Saskatchewan Page 13 of 35
Title and parcel consolidations and subdivisions where at least one owner remains the same before and after the transaction; and Adding or removing a joint tenant from title, where at least one joint tenant remains the same before and after the transaction. The reduced fee only applies to the constant owner. Additional owners are charged the regular set-up fees. The Land Registry Fee Schedule explains how the fee reductions are applied and is attached as Appendix A. In all instances, including applications in Online Submission (OLS), an Affidavit for Reduced Fee Transaction should be included as part of the application. Selecting the appropriate check box in OLS will prompt the OLS fee calculator to estimate the fees at the reduced amount. Condominium Transactions: In a typical condominium development, the developer pays two sets of land registry fees. The first set of fees is paid when the developer acquires the land and the second set of fees is paid when the developer applies to issue titles pursuant to an approved condominium plan. Those titles must be raised in the name of the developer, due to a requirement in The Condominium Property Act, 1993. ISC charges a reduced fee when the developer applies to raise condominium titles. Title and Parcel Consolidations and Subdivisions: In addition to the reduced fee of 0.1% on title and parcel consolidations and subdivisions where at least one owner remains the same before and after the transaction, there are other fee mitigation polices in place for title and parcel consolidations and subdivisions. Not all title and parcel consolidation and subdivisions will qualify for fee mitigation. Customers should refer to the Policies and Procedures on the ISC website under Land Registry Help for more information. A letter requesting fee mitigation should be included with the application to consolidate or subdivide. Consolidation: If parcels are being consolidated, fees may be mitigated on the part of the original parcel that is consolidated. In the example below, three lots are being consolidated into two lots. Fees are only paid on the parcel that is being added which is the area between the dotted line and the centre line. The affidavit of value must reflect the value of the entire parcel. This is so that the newly issued title reflects the correct value. The affidavit of value should also include the value for the addition to the parcel. Fees are then mitigated back so that fees are only paid on the value of the new Law Society of Saskatchewan Page 14 of 35
parcel. Where at least one owner remains the same before and after the transaction, the reduced fee of 0.1% will be charged on the value of the new parcel. In cases where a number of lots are being consolidated into a single lot, ISC may mitigate fees if the total value of all the consolidated parcels is greater than $8,400. ISC will not mitigate fees if the value of the consolidated parcels is less than $8,400, since the regular fees and the mitigated fees are similar. Subdivision: Fee mitigation is generally provided on the parcel retained by the owner. In the example below, an owner subdivides a quarter section of land so that it appears as follows: Parcel A Remainder Parcel After subdivision, the owner has three choices: 1. Parcel A may be retained and the Remainder Parcel is transferred. i. Parcel A will have fees mitigated. ii. The Remainder Parcel will have regular fees applied. 2. Parcel A may be transferred and the Remainder Parcel is retained. i. Parcel A will have regular fees applied. ii. The Remainder Parcel will have fees mitigated. 3. Both Parcel A, and the Remainder Parcel may be retained. i. Fees will be charged on both parcels but at a reduced rate of.01%. Adding or Removing a Joint Tenant from Title: ISC recognizes that there are a number of reasons for adding or removing owners from title. The reduced fee is intended to reduce the financial burden to Saskatchewan families where owners are added for reasons of marriage or estate planning or where owners are removed for reasons such as marital separation. Fee Mitigation Policy on the Lapsing of Shares: Law Society of Saskatchewan Page 15 of 35
ISC has a new policy regarding the fees to lapse interests with multiple shares. ISC charges fees to register notices to lapse at the interest level rather than the share level. When an interest has multiple shares, applications to register a notice to lapse must be registered against each share. Although customers accrue fees based on the number of interests being lapsed and not on the number of interest shares lapsed, customers still pay fees at the share level at the time the application is submitted. After the notice to lapse is registered, customers can request a refund. For example, if an interest has seven shares and the customer is trying to lapse all seven shares, the customer will pay a fee of $350 (7 shares x $50) at the time the application is submitted. Since the charge is only $50 for registration against the single interest, $300 in fees will be mitigated. If an interest has seven shares and is registered against 16 titles and the customer wants to lapse all seven shares on all 16 titles, the customer will pay a fee of $5,600 (7 shares x $50 x 16 titles) at the time the application is submitted. Since the charge is only $800 ($50 x16 titles) to lapse an interest against 16 titles, $4,800 in fees will be mitigated. Fee mitigation requests should be directed to ISC s Customer Support Team at 1-866-275-4721. Law Society of Saskatchewan Page 16 of 35
INITIATIVES UNDERWAY: 2012 AND BEYOND I. Online Submission (OLS) Adoption ISC introduced Phase I of Online Submission (OLS) in 2005, enabling customers to complete and submit four types of Land Registry applications online without the reliance on traditional paperbased forms. In 2008, OLS Phase II was launched to provide an expansion of the number of Land Registry application types available online. Today, customers can submit 98.5% of application types through OLS (excluding condominium applications). Over time, increasing numbers of Land Registry customers have adopted OLS, resulting in a steady increase in usage rates since 2008. However, as part of ISC s overall effort to modernize services and provide improved service to customers, ISC is kicking off a campaign to encourage further adoption of OLS. This will provide efficiencies and cost savings to a wider range of Land Registry customers. OLS Customer Benefits: The top benefits of using OLS are: OLS submissions have a significantly lower rate of rejections than forms submissions OLS users experience less than one third the rejections experienced by customers submitting paper-based forms. This is because OLS has built-in validations to catch errors before they are submitted. Reduced rejections save law firms time and money and allow them to provide better service to their clients. OLS submissions can be completed faster than forms submissions On average, it takes more time to complete a paper-based form submission than an OLS one. This is because OLS reduces data entry by automatically entering information in the appropriate spots throughout the application. Users can also save time by building custom templates in OLS so they don t have to enter information from the beginning each time. While OLS applications are submitted with the click of a button, forms-based submissions require time-consuming scanning or faxing. OLS reduces paper and office clutter Although printing is an option in OLS, it is not required. This allows law firms to save money on paper, ink cartridges, postage, long distance faxing fees, and to free up filing space in their offices. Law Society of Saskatchewan Page 17 of 35
OLS reduces faxing errors Since no faxing is required in OLS, faxing errors are eliminated and users benefit from the associated time and cost savings. OLS submissions reach the processing queue faster than forms submissions OLS submissions enter the processing queue immediately upon validation of submission without the assistance of an ISC employee. OLS includes a fee estimator The OLS fee estimator provides users with a predictability of fees before they submit their work. OLS includes a status update page OLS users can log on to view the real-time status of their work in OLS any time, from anywhere. ISC offers free OLS training Throughout the year, ISC offers a variety of free instructor-led OLS training courses in Saskatchewan and Alberta. For more information, please visit www.isc.ca/training. Looking Ahead: Because of the many benefits that OLS can provide customers, ISC aims to increase its usage rates in 2012 and beyond. As a first step, ISC has kicked off a promotional campaign aimed at increasing awareness of OLS and its associated customer benefits. ISC is also looking into the possibility of introducing a submission fee for paper-based Land Registry applications in mid to late 2013. With this in mind, it is an ideal time to ensure that users are trained in OLS, should this fee go into effect next year. ISC thanks the legal community for their support in furthering the adoption of OLS. For more information on OLS, please visit www.isc.ca/onlinesubmission. II. Map Search 2.0: The Evolution of Map Search Map Search is getting a facelift! Launched in 2007, Map Search is a free search tool that anyone with an ISC online services account can use to quickly find land title and survey plan information about virtually any parcel of land in Saskatchewan. Map Search has proven invaluable to customers from a variety of sectors - legal included - to confirm ownership of land parcels, obtain current legal land descriptions, access plans of survey to view parcel dimensions and more. Law Society of Saskatchewan Page 18 of 35
Put simply, Map Search and Parcel Picture help users understand what a title describes quickly and easily, with minimal need for interpretation. All one needs to do is think back to the old land titles system (if you were around then) and those long titles with numerous plan and metes and bounds exceptions. Map Search is often viewed as complicated to use, limited in the amount of information that can be accessed and with limited functionality. Users often complain about the numerous windows that open and the need to access multiple ISC services such as Map Search, Quick Search and Plan Search to get the information they require. Many users simply do not use Map Search due to the inability to reconcile Title or Plan searches performed within Map Search to their monthly account statements. Law Society of Saskatchewan Page 19 of 35
In order to significantly improve the customer experience in using Map Search, ISC is: Upgrading the technology that Map Search runs on; Making it easier to use by simplifying the customer experience; Adding new basemaps to help users get to their area of interest and understand what s on the ground faster than ever before; Adding title and plan information directly into the map; Reducing clutter by reducing the number of windows that open; Improving ability to reconcile paid title and plan searches with monthly ISC account statement; Implementing various methods for you to help yourself get up and running quickly and easily; Enhancing Parcel Picture; And much more! III. Changes to the Lapsing Procedure The Land Titles Regulations, 2001 currently states that in order to prevent an interest from being lapsed, an interest holder is to register an interest based on a Court Order or Certificate of Action against the title in question within 30 days. However, under the current process the Court Order or Certificate of Action is faxed to ISC and the title or interest is manually locked. Action: ISC will be changing its processes so that a lapse will be prevented in accordance with the Regulations. Under the new process a court order preventing the lapse will be registered as an interest through the regular packet submission process. It would be beneficial to use OLS when submitting the packet to minimize the chance of errors. Benefit: Utilizing the packet process will mean the submitting party can search their packet to verify it is in the system, rather than sending a fax and then calling to ensure the fax was received. The new process will ensure compliance with the legislation and will enhance the integrity of the land registry. Law Society of Saskatchewan Page 20 of 35
Interest Holders should ensure their interests have a current address associated with them in order to receive any notices to lapse sent. To avoid potential delays that may be experienced with mail, consider receiving ISC notices electronically. IV. Condominiums: Phase II The Ministry of Justice and Attorney General (the Ministry), has now completed its customer consultations process which began in 2011, with the aim of undertaking a general review of The Condominium Property Act, 1993. The Ministry is working to create a balance between the rights and obligations of developers, unit owners and condominium corporations. Legislative proposals were put forward to the public in the form of a Consultation Paper, then consultation meetings were held and feedback gathered. ISC also undertook its own customer consultations in order to better understand the issues customers face not only in terms of what ISC does in order to comply with legislation, but also their issues concerning policies and processes that may lie outside the legislation, that can be remedied more informally. The top issues that emerged for ISC customers are the simplification and streamlining of processes relating to parking, the creation of a mechanism to convert common property parking spaces to parking titles, and the ability to perform initial condominium titles setups in Online Submission (OLS). These are some of the issues ISC is working on. Additionally, the Ministry heard and will make some legislative amendments concerning issues such as condominium corporations bylaw making abilities, standard unit definitions, additional disclosure by developers, increased security requirements for developers, annual filing requirements for condominium corporations as well as several others. The Ministry is putting forward the legislative proposals this coming fall. ISC and the Ministry will then move on to Regulations amendments. The desire is to have all amendments in force in the next few years. Law Society of Saskatchewan Page 21 of 35
APPENDICES Appendix A: Affidavits for Correcting Errors - Instructions If you make one of the following types of errors, you can correct them using one of five kinds of affidavits: 1. The mortgage amount on the application differs from the amount on the attached mortgage. 2. The name on the application differs from the attached mortgage (e.g. the mortgage application states one lender when it should state another). 3. The application does not show an interest that you intended to have registered against a title, parcel or other interest (e.g. you wanted to register against six Title Numbers but only registered against five Titles Numbers by mistake). 4. The application contains meaningless information that should not appear for that type of transaction (e.g. an Interest Value is indicated for an easement). 5. The interest holder or title owner has the same name as the intended interest holder or title owner but the wrong Client Number was used. In each of these examples, the correct mortgage amount, the correct name of the interest holder and the correct number of titles, parcels, or interests to which an interest should have been registered can all be confirmed by way of the attachment. If you used the description on the interest registration form on your application instead of an attachment, please append the relevant pages of the attachment to the affidavit. We will also allow you to correct an error in title value. However, the process is different and is described in the Customer Guide to Fee Adjustments for Incorrect Affidavit of Value. If an interest has been registered in the wrong interest holder name or under the wrong Client Number, you can fix the error by submitting an interest assignment packet. If an interest has been registered in error because of an interest detail, you can fix the error by submitting an interest amendment packet. No authorization form is required in either of these circumstances. The authorization is the affidavit executed by either the lawyer who submitted the packet, or if the packet was submitted by a non-lawyer, someone in a position of authority with the submitting party (like an officer or a director of a corporation). Sample affidavits are available in the Forms area. There is no standard form to the affidavit for you to submit. However, the affidavit must: Indicate that a clerical error was made; Describe the nature of the error; State what the correct information should be in the application; and Append some documentation to confirm the information contained in the affidavit. Law Society of Saskatchewan Page 22 of 35
You only need to submit the portion(s) of the documentation that is relevant to the error. Note: If you do not have any supporting documentation available, please contact us to determine whether or not we can permit you to use an affidavit. We will not mitigate fees in these circumstances. If there is something unusual that you feel would warrant fee mitigation, you may send a request to the Registrar s attention explaining why mitigation should be considered. If you have a circumstance that does not fall within one of the examples above, please contact our Customer Support Team at 1-866-ASK-ISC1. Your request will be considered on a discretionary basis. Law Society of Saskatchewan Page 23 of 35
Affidavit Wrong Interest Attribute Page 1 of 1 I,, Barrister and Solicitor, of, Saskatchewan, MAKE OATH AND SAY AS FOLLOWS: 1. That I am a solicitor practising law with the firm in, Saskatchewan. 2. That on I was the lawyer responsible for a transaction that involved an interest registration. 3. That on, I instructed submission of Packet Number 888888888 to the Land Registry. 4. That application Number X in Packet 888888888 was inadvertently completed to reflect an interest value of $100,000, which was the value of the mortgage registered as application Number X in the same packet. 5. That Interest Register Number 999999999 is an [interest type that does not have a value associated with it e.g. Easement Non-mutual] and is now registered as having an interest value of $100,000, in error. There should not be an interest value reflected in relation to Interest Register Number 999999999. 6. That I make this affidavit in support of the Application for Interest Amendment, to correct the interest value error and reflect no value for Interest Register Number 999999999. SWORN before me at the City ) of Regina, in the Province of ) Saskatchewan, this day ) Of March, 2009. ) ) ) A COMMISSIONER FOR OATHS in and for the Province of Saskatchewan. Law Society of Saskatchewan Page 24 of 35
My Commission Expires: September 30, 2012 Affidavit Wrong Mortgage Value Page 1 of 1 I,, Barrister and Solicitor, of, Saskatchewan, MAKE OATH AND SAY AS FOLLOWS: 1. That I am a solicitor practising law with the firm in, Saskatchewan. 2. That on, I was the lawyer responsible for a transaction that involved a transfer of titles and mortgage registration. 3. That on, I instructed submission of Packet Number 888888888 to the Land Registry. 4. That application X in Packet Number 888888888 was inadvertently completed to reflect an interest value of $100,000.00, which is not the actual interest value of the mortgage as reflected in the mortgage document registered as an attachment to Interest Register 777777. 5. That the Mortgage, Interest Register Number 777777777 is now registered as having an interest value of $100,000.00, in error. The interest value that should be reflected in relation to Interest Register Number 777777777 is $105,000.00. 6. That I make this affidavit in support of the Application for Interest Amendment, to correct the interest value error for Interest Register Number 777777777. SWORN before me at the City ) of Regina, in the Province of ) Law Society of Saskatchewan Page 25 of 35
Saskatchewan, this day ) Of March, 2009. ) ) ) A COMMISSIONER FOR OATHS in and for the Province of Saskatchewan. My Commission Expires: September 30, 2012 Law Society of Saskatchewan Page 26 of 35
Affidavit Wrong Interest Holder Name Page 1 of 1 I,, Barrister and Solicitor, of, Saskatchewan, MAKE OATH AND SAY AS FOLLOWS: 1. That I am a solicitor practising law with the firm in, Saskatchewan. 2. That on, I was the lawyer responsible for the registration of a mortgage held by Bank X against title. 3. That on, I instructed the submission of Packet Number 555555555 to the Land Registry to effect the registration of the above described mortgage. 4. That packet 555555555 was prepared in error because the holder of the mortgage was entered as Bank Y when the correct holder of the mortgage should have been Bank X: [if attachment used] 5. The correct holder of the mortgage was reflected in the mortgage document registered as an attachment to Interest Register 999999 or [if only description used] 5. Attached as exhibit A to this affidavit are pages from the document that forms the basis for Interest Register 999999999 which show the mortgage holder is Bank X. 6. That I make this affidavit in support of the Application for Interest Assignment registered in the Land Registry to assign Interest Register 999999999 into the name of Bank X to correct our registration error. Sworn before me at ) in the Province of, ) this day of, 20, ) ) A Commissioner for oaths in and for Saskatchewan My commission expires : or being a Solicitor Law Society of Saskatchewan Page 27 of 35
Affidavit Interest Missed Registering Against a Title/Parcel/Interest Page 1 of 1 I,, Barrister and Solicitor, of, Saskatchewan, MAKE OATH AND SAY AS FOLLOWS: 1. That I am a solicitor practising law with the firm in, Saskatchewan. 2. That on I was the lawyer responsible for a transaction that involved an interest registration. 3. That on, I instructed submission of Packet Number 888888888 to the Land Registry. 4. That packet 888888888 was prepared in error because the interest intended to register against the following [list the title/parcel/or interest numbers that the interest should have been registered against] but did not. [if attachment used] 5. The interest document registered as an attachment to Interest Register 999999 included all the [titles/parcels/interests] or [if only description used] 5. Attached as exhibit A to this affidavit are pages from the document that forms the basis for Interest Register 999999999 which show that the interest was intended to be registered against [list the title/parcel/or interest numbers that the interest should have been registered against]. 6. That I make this affidavit in support of the amendment of Interest Register 999999999 to add it to [title/parcel/interest] to correct our registration error. Sworn before me at ) in the Province of, ) this day of, 20, ) ) A Commissioner for oaths in and for Saskatchewan My commission expires: or being a Solicitor Law Society of Saskatchewan Page 28 of 35
Affidavit Same Name Wrong Client Number Page 1 of 1 I,, Barrister and Solicitor, of, Saskatchewan, MAKE OATH AND SAY AS FOLLOWS: 1. That I am a solicitor practising law with the firm in, Saskatchewan. 2. That on I was the lawyer responsible for a transaction that involved an interest registration. 3. That on, I instructed submission of Packet Number 999999999 to the Land Registry. 4. That packet 555555555 was prepared in error because the holder of the mortgage was entered as Bank Y however the client number entered was 888888888 associated with Bank Y when the correct client number should have been 777777777 associated with Bank Y. 5. That I make this affidavit in support of the assignment of Interest Register 444444444 into client number 777777777 Sworn before me at ) in the Province of, ) this day of, 20, ) A Commissioner for oaths in and for Saskatchewan My commission expires : or being a Solicitor ) )
Appendix B: The Land Titles Regulations, 2001 Due diligence 103.1(1) In this section, property means land or an interest in land that is the subject of a claim for compensation pursuant to Part XII of the Act. (2) For the purposes of clause 84(2)(g) of the Act, in order for a mortgagee to demonstrate due diligence, the mortgagee must demonstrate to the satisfaction of the Registrar that the mortgagee has taken reasonable steps to verify that the registered owner is transferring or mortgaging the property. (3) For the purposes of subsection (2), reasonable steps include any of the following: (a) conducting or having an agent conduct an in-person meeting with the registered owner or the mortgagor within a reasonable time before the date of the transfer or mortgage of the property; (b) obtaining from the registered owner or the mortgagor: (i) one piece of original government-issued photo identification containing the name, date of birth and address of the registered owner or the mortgagor; and (ii) one additional piece of original government-issued identification that provides the name of the registered owner or the mortgagor; (c) verifying the information supplied by the registered owner or the mortgagor in the mortgage loan application by checking the employment references and by ensuring that the information contained in a consumer report relating to the credit information of the registered owner or the mortgagor corresponds to the information in the mortgage loan application; (d) obtaining a copy of the agreement of purchase and sale; (e) conducting or causing an agent to conduct an on-site appraisal of the property within a reasonable time before the date of the transfer or mortgage of the property; (f) visiting or causing an agent to visit the property within a reasonable time before the date of transfer or mortgage of the property; (g) instructing an agent to complete searches of title affecting the person s interest in the property; (h) reviewing or causing an agent to review the Canadian Real Estate Association s Multiple Listing Service history or other sale listing, if any is available, and making reasonable inquiries into the sale listing; (i) taking any other steps that, in the opinion of the Registrar, are appropriate in the circumstances of the case. Law Society of Saskatchewan Page 30 of 35
9 Mar 2012 SR 10/2012 s6. Amount of compensation 103.2 For the purposes of clause 87(8)(b) of the Act, the amount of compensation includes the following reasonable expenses: (a) legal fees for the purchase of an equivalent principal residence; (b) real estate agent fees for the purchase of an equivalent principal residence; (c) any other reasonable expense the Registrar considers appropriate. 9 Mar 2012 SR 10/2012 s6. Law Society of Saskatchewan Page 31 of 35
Effective January 12, 2009 Appendix C: Land Registry Fee Schedule Registration Services Fees Titles & Abstracts Fee Valued At Title or Abstract Transfer $0 to $500 Title Transmission $0 to $500 $501 to $8,400 $12.50 $501 to $8,400 $25 $8,401 and greater 0.3% of the value of the title or abstract $8,401 and greater 0.15% of the value of the title or abstract Title or Abstract Surrender $0 to $500 $501 to $8,400 $12.50 $8,401 and greater 0.15% of the value of the title or abstract, based on the value of the title being set up Title or Abstract Set-up $0 to $500 $501 to $8,400 $12.50 $8,401 and greater 0.15% of the value of the title or abstract, based on the value of the title being set up Transfer of Title to Surviving Joint Tenant $0 to $500 $501 and greater $12.50 Condominium First Raise of Title* $0 to $500 $501 to $25,000 $25 Title Consolidation* where at least one owner remains the same before and after the transaction* Parcel Consolidation* where at least one owner remains the same before and after the transaction Parcel Subdivision* where at least one owner remains the same before and after the transaction Adding or Removing a Joint Tenant From Title* where at least one joint tenant remains the same before and after the transaction $25,001 and greater 0.1% of the value of the title or abstract $0 to $500 $501 to $25,000 $25 $25,001 and greater 0.1% of the value of the title or abstract $0 to $500 $501 to $25,000 $25 $25,001 and greater 0.1% of the value of the title or abstract $0 to $500 $501 to $25,000 $25 $25,001 and greater 0.1% of the value of the title or abstract $0 to $500 $501 to $25,000 $25 $25,001 and greater 0.1% of the value of the title or abstract Mineral Commodity Set-up Law Society of Saskatchewan Page 32 of 35
Registration Services Fees Condominium Ownership Register Setup Alternate Authority Setup Per Title, Interest, or Share Affected $60 Alternate Authority Removal per Title, Interest, or Share Affected Title or Abstract Print with Registration $10 per title (Additional charges will apply for output in email, fax, or paper) *Reduced rate only applies to constant owner. Additional owners will be charged regular set-up fees. Interest Registration Services Fees Registration of Mortgage $150 for the first four titles, interests, or shares affected, plus $50 per additional title, interest, or share affected Assignment of Mortgage Amendment of Mortgage Registration of Tax Liens, Postponements, or Public Utility Easements Assignment of Tax Liens, Postponements, or Public Utility Easements Amendment of Tax Liens, Postponements or Public Utility Easements Registration of all Other Interests Assignment of all Other Interests Amendment of all Other Interests Interest Discharge Interest Expiry $50 per interest register or part of an interest register $50 per interest register, plus $50 for each new title, abstract, interest or share affected $25 per title, abstract, interest or share affected $25 per interest register or part of an interest register $25 per interest register, plus $25 per additional title, abstract, interest, or share affected $50 per title, abstract, interest, or share affected $50 per Interest Register or part of an interest register $50 per Interest Register, plus $50 per additional title, abstract, interest or share affected Mineral Certification Services Fees Delivery Time Parcel Regular 100 working days or less $75 Certify all freehold mineral titles in the target Express 30 working days or less $125 parcel. Priority Immediate attention $500 (specific delivery date dependent on complexity) Quarter Section ** Regular 100 working days or less $125 Certify all freehold mineral titles in the target Express 30 working days or less $250 quarter section. Priority Immediate attention (specific delivery date dependent on complexity) $1000 ** Fees listed may not apply to subdivided quarter sections with access road. Contact ISC or indicate Custom on request form to receive an estimate Fee Law Society of Saskatchewan Page 33 of 35
Parcel Picture on Demand Services Parcel A GIS parcel picture is produced for a target parcel. Quarter Section ** A GIS parcel picture is produced for all parcels in the target quarter section. Fees Delivery Time Fee Regular 30 working days or less $75 Express 10 working days or less $125 Priority Immediate attention $500 (specific delivery date dependent on complexity) Regular 30 working days or less $125 Express 10 working days or less $250 Priority Immediate attention $1000 (specific delivery date dependent on complexity) ** Fees listed may not apply to subdivided quarter sections with access road. Contact ISC or indicate Custom on request form to receive an estimate. Mineral Certification & Parcel Picture on Demand Service Bundle Quarter Section ** All freehold mineral titles in the target quarter section are certified and a GIS parcel picture is produced. Fees Delivery Time Fee Regular 30 working days or less $250 Express 10 working days or less $500 Priority Immediate attention (specific delivery date dependent on complexity) $1500 ** Fees listed may not apply to subdivided quarter sections with access road. Contact ISC or indicate Custom on request form to receive an estimate. Searches Law Society of Saskatchewan Page 34 of 35 Fees Title Detail $10 * Abstract Detail $10 * Standard Results List Parcel Detail Interest Register Detail Parcel Picture * Attachment Detail Title History Detail 1 Parcel History Detail 2 Title Audit Detail Interest Audit Detail Interest Register Audit Detail Parcel Audit Detail Lock Audit Detail Lock Detail Image of Pre-Conversion Title or Instrument 3 *