Land Titles Amendment Regulations, 2009 Customer Reference Guide

Transcription

1 Land Titles Amendment Regulations, 2009 Customer Reference Guide On February 13, 2009 a number of changes were passed to The Land Titles Regulations, Although a number of minor amendments to the regulations have been made over the last few years, this is the first general review since The changes included generally are intended to formalize ISC policy currently in practice, however not codified in the regulations. As well, these amendments will introduce new practices and procedures. This Reference Guide will summarize the changes and additions to the regulations. If you require further assistance, or clarification please contact Information Services Corporation at: Customer Support ask@isc.ca Toll Free: Land Titles Amendments Regulations, 2009 Customer Reference Guide 1

2 Table of Contents Processes and Procedures for Interest Transactions... 5 NEW: SECTION 13.1 INTERESTS REGISTERED IN A BUSINESS NAME... 5 NEW: SECTION 13.2 INTERESTS HELD BY AN INACTIVE CORPORATION... 5 NEW: SECTION 30(3) WHO MAY SWEAR OR AFFIRM AN AFFIDAVIT OF IDENTITY... 5 AMENDMENT: SECTION 73 NEW RULES FOR BANKRUPTCY PACKETS PROOF OF TYPE OF ADMINISTRATION MUST BE SUBMITTED... 5 NEW: SECTION 29.1 APPLICATIONS BY PERSONS UNABLE TO SIGN DUE TO PHYSICAL DISABILITY... 5 AMENDMENT: SECTION 36 NEW INTEREST TYPES: MINERAL COMMODITY AGREEMENT, MORTGAGE OF A LEASE, AND ASSIGNMENT OF LEASE AS SECURITY... 6 NEW: SECTION 41(2) AMENDMENTS OF MUTUAL EASEMENTS, PARTY WALL AGREEMENTS, RESTRICTIVE COVENANTS, OR N-MUTUAL EASEMENTS... 8 AMENDMENT: SECTION 44 SUMMARY DISCHARGES OF WRITS... 8 AMENDMENT: SECTION 49 NEW RULES FOR INTEREST DISCHARGE BY EXHAUSTION... 8 Processes and Procedures for Land Registry Title Transactions AMENDMENT: Section 11 GOVERNMENTS OF OTHER PROVINCES NEED A COBRA NUMBER NEW: SECTION 13.3 TITLES HELD BY AN INACTIVE CORPORATION NEW: SECTION 21.2 FOREIGN LANGUAGE DOCUMENTS NEW: SECTION 29.1 APPLICATIONS BY PERSONS UNABLE TO SIGN DUE TO PHYSICAL DISABILITY AMENDMENT: SECTION 30(1) AFFIDAVITS OF IDENTITY SHOULD T BE USED FOR CHANGE OF NAME APPLICATIONS NEW: SECTION 30(3) WHO MAY SWEAR OR AFFIRM AN AFFIDAVIT OF IDENTITY AMENDMENT: SECTION 69 MINERAL COMMODITY SPLITS AMENDMENT: SECTION 73 NEW RULES FOR BANKRUPTCY PACKETS PROOF OF TYPE OF ADMINISTRATION MUST BE SUBMITTED Land Titles Amendments Regulations, 2009 Customer Reference Guide 2

3 AMENDMENT: SECTIONS 84, 85, 86, 87 AMENDMENTS TO BE CONSISTENT WITH 33(B.1) Aligning ISC Policy with the Regulations NEW: SECTION 9.1 PACKET WITHDRAWAL REQUESTS ADDED TO REGULATIONS NEW: SUBSECTIONS 10(3.1) AND 10(4) MORE THAN TWO MIDDLE NAMES CAN BE INCLUDED IN A PACKET 15 AMENDMENT: SECTION 13 EXECUTION DATE REQUIRED FOR AUTHORIZATIONS AMENDMENT: SECTION 15 CLARIFICATION OF POWER OF ATTORNEY RULES REGARDING FORMS UNDER THE POWER OF ATTORNEY REGULATIONS AND NEW: SECTION 15.3 CLARIFICATION THAT POWER OF ATTORNEY IS T REQUIRED IF THE AUTHORIZATION WAS EXECUTED UNDER CORPORATE SEAL AMENDMENT: SECTION 21 CONDITIONAL REGISTRATION RULES NEW SECTION 24.1 EXECUTION REQUIREMENTS FOR AFFIDAVITS ARE THE SAME AS FOR AUTHORIZATIONS NEW: SUBSECTIONS 24(5)(B.1) AND (C.1) DOCUMENTS COMMISSIONED OUTSIDE OF SASKATCHEWAN AMENDMENT: SECTION 33(4)(B) REMAINDER PARCELS ON TRANSFORMS NEW: SECTION 41(3) AMENDING AN INTEREST BY ATTACHING IT TO A NEW TITLE NEW : SUBSECTION 43(4) DISCHARGE OF A RESTRICTIVE COVENANT AMENDMENT: SECTION 52 SEARCH CAN BE MADE BY MAIL OR FAX NEW: SECTION 69.3 PROOF OF DEATH DOES T INCLUDE A FUNERAL DIRECTOR S CERTIFICATE NEW: SUBSECTION 70(3.1) TITLE HELD BY JOINT TENANTS WHO HAVE ALL DIED AMENDMENT: SECTION 71 PROOF OF INFANTS INTERESTED IN THE ESTATE AMENDMENT: SECTION 81 CORRECTION OF INDIVIDUAL S NAME AMENDMENT: SECTION 82(3)(A) SIGNATURE REQUIRED FOR CHANGE OF ADDRESS REQUESTS AMENDMENT: SECTION 105 REMOVAL OF LOCK AFTER CORRECTION Lapsing of Leases AMENDMENT: SECTION 47(2) NEW RULES FOR INTEREST DISCHARGE BY USE OF THE LAPSE PROCESS Housekeeping Land Titles Amendments Regulations, 2009 Customer Reference Guide 3

4 AMENDMENT: SECTIONS 8, 13, AND 37- ADDING DEFINITION OF APPLICATION SEQUENCE NUMBER AMENDMENTS: SECTIONS 9, 11, 24, 101 AND 113 UPDATED TO REFLECT WORDING IN OTHER LEGISLATION AMENDMENT: APPENDIX C Land Titles Amendments Regulations, 2009 Customer Reference Guide 4

5 Processes and Procedures for Interest Transactions NEW: SECTION 13.1 INTERESTS REGISTERED IN A BUSINESS NAME Change: New section 13.1 puts the procedure for interests registered in a business name into the Regulations. What It Means: The procedure requiring an affidavit sworn by the holder of the business name that attaches documentation to show that the business name was validly registered at Corporations Branch and owned by the person executing the affidavit is now included in the Regulations. NEW: SECTION 13.2 INTERESTS HELD BY AN INACTIVE CORPORATION Change: New section 13.2 puts the procedure for discharging an interest held by an inactive corporation into the Regulations. What It Means: The procedure requiring an affidavit sworn by a person who was a director or officer of the corporation immediately prior to dissolution that attaches documentation to show that the corporation was validly registered at Corporations Branch at the time the interest was registered is now included in the Regulations. ISC will check the affidavit from the director or officer to make sure that it contains the following: (i) a statement of the person s position before it became inactive; (ii) confirmation that the corporation was registered with Corporations Branch at the time the interest was registered (confirmation can be a print out from the Corporations Branch website). NEW: SECTION 21.2 FOREIGN LANGUAGE DOCUMENTS Please See Page 10 for a complete description of this change. NEW: SECTION 30(3) WHO MAY SWEAR OR AFFIRM AN AFFIDAVIT OF IDENTITY Please See Page 11 for a complete description of this change. AMENDMENT: SECTION 73 NEW RULES FOR BANKRUPTCY PACKETS PROOF OF TYPE OF ADMINISTRATION MUST BE SUBMITTED Please See Page 12 for a complete description of this change. NEW: SECTION 29.1 APPLICATIONS BY PERSONS UNABLE TO SIGN DUE TO PHYSICAL DISABILITY Change: s establishes a process that allows persons unable to execute a document by signature due to physical disability to still be able to submit a packet to ISC. What It Means: A person with a physical disability can use a mark such as an X to sign a document in place of a signature If a person executes the application with a mark, the affidavit of execution must state: Land Titles Amendments Regulations, 2009 Customer Reference Guide 5

6 (i) The person who executed the application did so by mark because he or she is unable to execute the application by signature; (ii) The witness read the application to the person who made the mark and that person appeared to understand the application; and (iii) The person who executed the application by affixing a mark did so in the presence of the witness. AMENDMENT: SECTION 36 NEW INTEREST TYPES: MINERAL COMMODITY AGREEMENT, MORTGAGE OF A LEASE, AND ASSIGNMENT OF LEASE AS SECURITY Change: Mineral Commodity Agreement, Mortgage of a Lease, and Assignment of Lease as Security Interests have been added to the types of registerable interests in s. 36. What it Means: These three types will be added to the interest registration dropdown box The interests will have the following attributes: Mineral Commodity Agreement Is this interest type lapsable? Can other interests be registered against this interest? Can this interest be partially discharged? When registering this interest is the value required? Is an attachment mandatory? Is an attachment OR text description required? Can this interest be postponed? Can interests of the same type be registered against it? What authorization is required to Amend? Can this interest be registered as a sub-interest? What authorization is required to assign this interest? Can this interest be registered against a title? Can this interest be registered against an Abstract? What authorization is required to discharge? Can a writ attach to the interest? Does this interest require a dominant tenement? Does this interest require a benefitting party REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER AUTHORIZATION SIGNED BY INTEREST HOLDER Land Titles Amendments Regulations, 2009 Customer Reference Guide 6

7 Mortgage of Lease Is this interest type lapsable? Can other interests be registered against this interest? Can this interest be partially discharged? When registering this interest is the value required? Is an attachment mandatory? Is an attachment OR text description required? Can this interest be postponed? Can interests of the same type be registered against it? What authorization is required to Amend? Can this interest be registered as a sub-interest? What authorization is required to assign this interest? Can this interest be registered against a title? Can this interest be registered against an Abstract? What authorization is required to discharge? Can a writ attach to the interest? Does this interest require a dominant tenement? Does this interest require a benefitting party? REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER Assignment of a Lease As Security Is this interest type lapsable? Can other interests be registered against this interest? Can this interest be partially discharged? When registering this interest is the value required? Is an attachment mandatory? Is an attachment OR text description required? Can this interest be postponed? Can interests of the same type be registered against it? What authorization is required to Amend? Can this interest be registered as a sub-interest? What authorization is required to assign this interest? Can this interest be registered against a title? Can this interest be registered against an Abstract? What authorization is required to discharge? Can a writ attach to the interest? Does this interest require a dominant tenement? REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER Land Titles Amendments Regulations, 2009 Customer Reference Guide 7

8 Does this interest require a benefitting party? NEW: SECTION 41(2) AMENDMENTS OF MUTUAL EASEMENTS, PARTY WALL AGREEMENTS, RESTRICTIVE COVENANTS, OR N-MUTUAL EASEMENTS Change: Amendments of Mutual Easements, Party Wall Agreements, Restrictive Covenants, or Non-Mutual Easements are added to section 41 and will now have the same requirements as discharges of those interests. What it Means: Amendments require the consent of all sub-interest holders. AMENDMENT: SECTION 44 SUMMARY DISCHARGES OF WRITS Change: Section 44 is updated to allow persons with names that are not similar to the debtor to execute the affidavit of summary discharge. It also states that the current owner cannot swear the affidavit. It must be the owner at the time the writ is registered. What it Means: If a writ of execution attaches to a person who does not have a name similar to the debtor (i.e. writ attaches through an Application for Writ or Maintenance Order by parcel number rather than searching by debtor s name could lead to a writ against a completely unrelated person), the person can still execute the affidavit even though the name is not similar. If a title, that has a writ of execution registered against it, transfers, the writ runs with the land, so it would be improper for the new owner to swear an affidavit stating they are not the debtor named in the writ. We therefore require the owner at the time the writ was registered to swear the affidavit. If a writ attaches to a person whose name is not at all similar to the debtor, that person can swear an affidavit and cross out the statement in paragraph 2 stating whose name is similar to my name. This does not apply if the title has been transferred from an original debtor with a similar name. If that is the case, the affidavit of identity for summary discharge must be executed by the original owner. The reason ISC will accept the affidavit in the first instance is the title owner has no connection to the debtor in the writ and it would be unfair for the title owner not to be able to remove the writ by summary discharge. In the second circumstance, the writ is a valid writ and it would be unfair for the title owner to be able to discharge the writ when the title owner knew that the writ was properly registered against the former owner s title. AMENDMENT: SECTION 49 NEW RULES FOR INTEREST DISCHARGE BY EXHAUSTION Change: The following interest types can now be discharged by exhaustion: A party wall agreement where the buildings have been demolished; Land Titles Amendments Regulations, 2009 Customer Reference Guide 8

9 Postponements for which the original interest against which the postponement registered against has been discharged. Note however that an upcoming release will automatically discharge the postponement from all interests once the original interest has been discharged; A caveat registered to protect a purchaser s interest under an agreement for sale, where the interest holder becomes the title owner or where the interest holder is deceased without probate or cannot be located; An interest that protects a life interest where the life tenant has died; and Any other interest where (i) The interest expires through the passage of time in accordance with an express provision in the interest; (ii) An event occurs that renders the interest unenforceable in accordance with an express provision in the interest or any piece of legislation; (iii) The obligations that the interest protects are unable to be performed due to the occurrence of an unforeseen event which makes performance impossible. What it Means: This section adds new types of interests that can be discharged by exhaustion. It also clarifies what the requirements are for the interest types that already can be discharged by exhaustion. Interest Type Party Wall Agreement Where the Buildings Have Been Demolished Postponements for which the original interest benefitting from postponement has been discharged Caveat based on an agreement for sale where interest holder has died Caveat based on an agreement for sale where interest holder cannot be found Interest where the life tenant has died Exhaustion Requirement An affidavit sworn by a person with knowledge of the destruction of the buildings is required to have the party wall agreement discharged by exhaustion. The benefitting party can submit a regular discharge of the other half of the interest. The title owner or non-benefitting party can authorize the discharge by attaching an affidavit explaining what has occurred. Note: This is only an interim measure until the Land Registry system is amended so that the nonbenefitting interest is automatically discharged when the benefitting interest is discharged. Either the present owner of the title or the personal representative of the deceased interest holder must submit an affidavit stating that the agreement has been fulfilled. The present owner of the title must submit an affidavit stating that the interest holder cannot be found. The authorization can be either Land Titles Amendments Regulations, 2009 Customer Reference Guide 9

10 Exhaustion because an unforeseen event has made performance impossible Conversion caveat based on a building restriction agreement Restrictive covenant (i) letters probate for the deceased; or (ii) an affidavit stating the life tenant has died and attaching a death certificate. Escalate to business services. This will have to be determined on a case by case basis. The title owner or interest holder against which the caveat is registered submits an authorization and states that it is being discharged through exhaustion. The title owner or interest holder against which the restrictive covenant is registered submits an authorization and states that it is being discharged through exhaustion. Land Titles Amendments Regulations, 2009 Customer Reference Guide 10

11 Processes and Procedures for Land Registry Title Transactions AMENDMENT: Section 11 GOVERNMENTS OF OTHER PROVINCES NEED A COBRA NUMBER Change: Governments of other provinces have been added to the types of entities that can hold land and that must have a COBRA number. What it Means: The Crown in right of another province is treated the same way as the Crown in right of Saskatchewan. NEW: SECTION 13.3 TITLES HELD BY AN INACTIVE CORPORATION Change: New section 13.3 outlines a procedure for an inactive corporation to transfer a title. What it Means: If the transfer authorization was signed before the corporation became inactive, we will accept it as authorization. The packet must contain the following: 1) An authorization signed before the corporation became inactive 2) Must include an affidavit from the former director stating: i) Confirmation that the corporation was registered with Corporations Branch at the time the authorization was signed (confirmation can be a print out from the Corporations Branch website). ii) Proof that the director held the position of director when the authorization was signed. (This information would be apparent from the Corporations Branch documents) NEW: SECTION 21.2 FOREIGN LANGUAGE DOCUMENTS Change: Section 21.2 requires a document submitted in a language other than English and French to be translated into English. What it Means: ISC will not accept documents submitted in a language other than English or French unless the documents are translated and accompanied by an affidavit stating the English version is a true translation of the foreign document. NEW: SECTION 29.1 APPLICATIONS BY PERSONS UNABLE TO SIGN DUE TO PHYSICAL DISABILITY Change: s establishes a process that allows persons unable to execute a document by signature due to physical disability to still be able to submit a packet to ISC. Land Titles Amendments Regulations, 2009 Customer Reference Guide 11

12 What It Means: A person with a physical disability can use a mark such as an X to sign a document in place of a signature If a person executes the application with a mark, the affidavit of execution must state: (i) The person who executed the application did so by mark because he or she is unable to execute the application by signature; (ii) The witness read the application to the person who made the mark and that person appeared to understand the application; and (iii) The person who executed the application by affixing a mark did so in the presence of the witness. AMENDMENT: SECTION 30(1) AFFIDAVITS OF IDENTITY SHOULD T BE USED FOR CHANGE OF NAME APPLICATIONS Change: Section 30 which allows the submission of an affidavit of identity has been made subject to sections 80 and 81 governing change of name and correction of names. What it Means: If a person s name on title is similar, for example Jane Doe vs. Jane Lynn Doe, then it is acceptable to submit an affidavit of identity. However, if the similarity is not obvious, for example Jane Doe vs. Jane Smith, we require the customer to use the change of name process. ISC will not accept a packet using an affidavit of identity where it is not clear that the name is similar. ISC will accept an affidavit of identity for a minor misspelling or missing middle name: - Jane Doe vs. Jane Lynn Doe - Stephaniuk vs. Stephanuik If the last names are different, then a change of name must be done. ISC will not accept an affidavit of identify if the change of name occurs by marriage or under The Change of Name Act. If change of name happens by marriage or under The Change of Name Act, then an application should be submitted to e-business before it is submitted for registration. NEW: SECTION 30(3) WHO MAY SWEAR OR AFFIRM AN AFFIDAVIT OF IDENTITY Change: s. 30(3) specifies who can swear or affirm an affidavit of identity What it Means: Only the following may swear or affirm an affidavit of identity 1) The Registered Owner or Interest Holder 2) The Personal Representative of the Registered Owner or Interest Holder 3) an alternate authority of the Registered Owner or Interest Holder Land Titles Amendments Regulations, 2009 Customer Reference Guide 12

13 4) a lawyer acting on behalf of any of the above AMENDMENT: SECTION 69 MINERAL COMMODITY SPLITS Change: Section 69 now states that authorization is required from all mineral commodity holders in a mineral commodity split. What it Means: The section has been changed to require authorization from all mineral commodity owners on mineral commodity split applications. A consent is no longer enough to authorize the transaction. AMENDMENT: SECTION 73 NEW RULES FOR BANKRUPTCY PACKETS PROOF OF TYPE OF ADMINISTRATION MUST BE SUBMITTED Change: Evidence of whether the bankruptcy administration type is: i) ordinary ii) summary administration with inspectors; or iii) summary administration without inspectors must be provided with the transmission application or interest assignment application otherwise the title must be locked What It Means: Specifying the type of administration in bankruptcy transmissions or interest assignments will work the same way as providing proof that no infants are interested in the estate works in estate transmissions. If the type of administration is not specified then the title or interest must be locked. The new sections 73(7)(8) defines what is acceptable evidence regarding the inspectors. To prove that there are no inspectors, we require an affidavit from the trustee stating that inspectors have not been appointed. To prove that inspectors have been appointed, we require the document appointing the inspectors. The table below outlines the circumstances in which ISC will lock the title: Contents of the packet Transmission Packet does not contain any information about the administration type Transmission Packet includes evidence that the administration is ordinary administration Transmission Packet includes evidence that the administration is summary administration with inspectors Transmission Packet includes evidence that the administration is summary administration that does not require inspectors Requirement to lock the title Lock Title Lock Title because consent of the inspectors is required to transfer Lock Title because consent of the inspectors is required to transfer Title Not Locked Land Titles Amendments Regulations, 2009 Customer Reference Guide 13

14 Interest Assignment Packet does not contain any information about the administration type Interest Assignment Packet includes evidence that the administration is ordinary administration Interest Assignment Packet includes evidence that the administration is summary administration with inspectors Interest Assignment Packet includes evidence that the administration is summary administration that does not require inspectors Interest Not Locked Lock Interest because consent of the inspectors is required to assign or discharge Lock Interest because consent of the inspectors is required to assign or discharge Interest Not Locked AMENDMENT: SECTIONS 84, 85, 86, 87 AMENDMENTS TO BE CONSISTENT WITH 33(B.1) Change: Any other nation or state has been added to entities that can hold land. What it Means: We allow other provinces and countries to own land. These amendments include other provinces and countries to the entities that can change or correct their name and address. Land Titles Amendments Regulations, 2009 Customer Reference Guide 14

15 Aligning ISC Policy with the Regulations NEW: SECTION 9.1 PACKET WITHDRAWAL REQUESTS ADDED TO REGULATIONS Change: The process for packet withdrawal requests is added to the Regulations as section 9.1. What it Means: Customers now have written notice in the Regulations of the process for withdrawing packets. NEW: SUBSECTIONS 10(3.1) AND 10(4) MORE THAN TWO MIDDLE NAMES CAN BE INCLUDED IN A PACKET Change: Section 10(3.1) specifies that no more than two middle names should be included in any application. What it Means: Customers should no longer put more than one name in a space that is only meant to hold one name. If a customer has more than two middle names, they will only be able to enter two of the middle names into the application form. AMENDMENT: SECTION 13 EXECUTION DATE REQUIRED FOR AUTHORIZATIONS Change: Section 13(4)(d) specifies that the execution date must be included in authorizations. What It Means: Current ISC policy requires the execution date in authorizations. This was not included in the regulations. The Regulations are now consistent with ISC policy. AMENDMENT: SECTION 15 CLARIFICATION OF POWER OF ATTORNEY RULES REGARDING FORMS UNDER THE POWER OF ATTORNEY REGULATIONS AND NEW: SECTION 15.3 CLARIFICATION THAT POWER OF ATTORNEY IS T REQUIRED IF THE AUTHORIZATION WAS EXECUTED UNDER CORPORATE SEAL Change: Section 15(7) allows ISC to accept forms under The Power of Attorney Regulations. Section 15.3 specifies that if a power of attorney executes an authorization under corporate seal, the power of attorney document is not required. What it Means: Even though The Power of Attorney Regulations forms use property rather than real property, ISC can accept them because the definition section defines property to include real property. This also applies to out of province powers of attorney. We have always not required the power of attorney document to be included if the attorney authorizes under corporate seal. Land Titles Amendments Regulations, 2009 Customer Reference Guide 15

16 AMENDMENT: SECTION 21 CONDITIONAL REGISTRATION RULES Change: The rules for conditional registration date and time have been included in the Regulations to reflect the process that we actually use. What it Means: On a title transfer application that chooses a conditional registration date and time, only a subsequent interest registration will prevent the title from registering. If a customer selects a conditional registration date and time subject to a writ and the writ does not attach, either because it discharged before the transfer or it was not an exact match, the packet should not be rejected. NEW SECTION 24.1 EXECUTION REQUIREMENTS FOR AFFIDAVITS ARE THE SAME AS FOR AUTHORIZATIONS Change: This amendment confirms that the execution requirements for affidavits are the same as for authorizations What it Means: The Regulations did not specify that an affidavit must be executed according to the requirements set out in ss. 24(3) to (8). These amendments make that clear. NEW: SUBSECTIONS 24(5)(B.1) AND (C.1) DOCUMENTS COMMISSIONED OUTSIDE OF SASKATCHEWAN Change: Sections 24(5)(b.1) and (c.1) are added to clarify that ISC will accept a document commissioned by a commissioner for oaths outside of Saskatchewan. What it Means: The policy which allows ISC to accept documents commissioned out of Saskatchewan by a commissioner or other official authorized by the laws of the other jurisdiction to administer oaths is now specifically included in the Regulations. AMENDMENT: SECTION 33(4)(B) REMAINDER PARCELS ON TRANSFORMS Change: Section 33(4)(b) has been amended to clarify that it is the parcel being retained by the original owner that does not require a value. What it Means: The process which provides fee mitigation on the parcel being retained by the original owner is now in the Regulations. NEW: SECTION 41(3) AMENDING AN INTEREST BY ATTACHING IT TO A NEW TITLE Land Titles Amendments Regulations, 2009 Customer Reference Guide 16

17 Change: Section 41(3) has been added to the Regulations to clarify that the requirements to amend an interest by attaching it to a new title are the same as if the interest were being set-up for the first time. NEW : SUBSECTION 43(4) DISCHARGE OF A RESTRICTIVE COVENANT Change: Section 43(3) of The Regulations now includes a restrictive covenant in the list of interests that require the consent of the subsequent interest holders for discharge. The new Section 43(4) states that the consent of a joint use utility easement holder is not required. What it Means: ISC currently requires the subsequent interest holders consent as a matter of policy. This now officially included in the Regulations. AMENDMENT: SECTION 52 SEARCH CAN BE MADE BY MAIL OR FAX Change: Section 52 now specifies that a search request can be made by mail or fax in addition to attending personally at a Customer Service Center. What it Means: Searches by mail and fax were left out of the original regulations. NEW: SECTION 69.3 PROOF OF DEATH DOES T INCLUDE A FUNERAL DIRECTOR S CERTIFICATE Change: The definition of proof of death has been moved into its own section, s It states that proof of death must be a death certificate issued by Vital Statistics or an equivalent from another jurisdiction. Included with this change is the amendment of section 70 to incorporate the definition in What it Means: ISC will not accept a funeral director s certificate as proof of death. NEW: SUBSECTION 70(3.1) TITLE HELD BY JOINT TENANTS WHO HAVE ALL DIED Change: Section 70(3.1) formalizes the process that if all joint tenants have died, and they did not die at the same time, the personal representative of the last joint tenant can attach letters probate. What it Means: The regulations will reflect current ISC process. If all of the joint tenants have died and they did not die at the same time, the title does not have to be transmitted into each one of the joint tenants personal representatives. The title only has to be transmitted once into the name of the title owner who died last s personal representative. AMENDMENT: SECTION 71 PROOF OF INFANTS INTERESTED IN THE ESTATE Land Titles Amendments Regulations, 2009 Customer Reference Guide 17

18 Change: The Regulations will now state that a Local Registrar s Certificate or a Certificate of the Public Trustee that no infants are interested in the estate must only accompany either the application for transmission or the transfer out of the estate and not both. Land Titles Amendments Regulations, 2009 Customer Reference Guide 18

19 AMENDMENT: SECTION 81 CORRECTION OF INDIVIDUAL S NAME Change: This amendment clarifies that the section refers to a correction to an individual s name due to the individual s error. What it Means: Section 81 was unclear whether section 81 applied to errors made by ISC or errors made by the client. This amendment clarifies what evidence must be submitted to the Registrar to facilitate the correction of an error in an individual s name contained in a previous application and clarifies that it is the individual who corrects the error and when corrections is appropriate AMENDMENT: SECTION 82(3)(A) SIGNATURE REQUIRED FOR CHANGE OF ADDRESS REQUESTS Change: Section 82(3)(a) has been amended to require a signature to change an address. What This Means: Change of address forms must include signatures. AMENDMENT: SECTION 105 REMOVAL OF LOCK AFTER CORRECTION Change: This amendment to allow the Registrar to remove a lock on a title or interest that is no longer required What it Means: If a possible error is identified, ISC s practice is to lock the title while the issue is investigated. If the result of the investigation showed that that there was no error, there was no statutory authority for the Registrar take a lock off. This amendment provides the statutory authority. Land Titles Amendments Regulations, 2009 Customer Reference Guide 19

20 Lapsing of Leases AMENDMENT: SECTION 47(2) NEW RULES FOR INTEREST DISCHARGE BY USE OF THE LAPSE PROCESS Change: An interest holder or interested party will now have the ability to use the lapse process to discharge lease interests so long as there are no sub-interests registered against the lease interest at the time the lapse process is commenced. The following lease interests are affected by this change: CNV Lease Lease 10 years or more Lease less than 10 years Condominium Property Act Common Property Lease Saskatchewan Water Corporation Act Lease Saskatchewan Watershed Authority Act Lease What it Means: The changes provide clarity on which interests are lapsable. Land Titles Amendments Regulations, 2009 Customer Reference Guide 20

21 Housekeeping AMENDMENT: SECTIONS 8, 13, AND 37- ADDING DEFINITION OF APPLICATION SEQUENCE NUMBER Change: Application sequence number has been defined and is now included in these sections. What it Means: ISC s forms referred to application sequence number, but that term was never defined in the Regulations. AMENDMENTS: SECTIONS 9, 11, 24, 101 AND 113 UPDATED TO REFLECT WORDING IN OTHER LEGISLATION Change: References to the Corporations Branch of the Department of Justice have been changed to the Director appointed pursuant to The Business Corporations Act. What it Means: The legislative drafters identified that the wording in our legislation wasn t consistent with The Business Corporations Act. AMENDMENT: APPENDIX C Change: S T02R07W2M is added to the list of producing areas in the Moose Jaw former land registration district in Appendix C. What it Means: Pursuant to sections 69.1 and 69.2 of the Regulations, a transfer respecting an uncertified mineral title may be registered in the land titles registry if the title is or is not within a township listed in Appendix C. Township 02 Range 07 W2 is now added to the list of townships in Appendix C. Land Titles Amendments Regulations, 2009 Customer Reference Guide 21