Download 46 KB

Bulletin information:

Issue Date: September 25, 2000
Legislation: Land Titles Act, Registry Act

Bulletin content:

This represents the administrative policy to be followed in all Land Registry Offices and, in respect of all statements, affidavits, declarations and any other information contained in a document.

Pre-Presentation Alterations

Where an instrument presented for registration or pre-registration approval contains an unverified alteration, the land registrar will assume that the alteration occurred prior to execution unless the Land Registrar or the Land Registry Office employee has actual knowledge to the contrary, in which case verification of the alteration is required. (See requirements below.)

Post Presentation Alterations

Where an alteration is required to an instrument presented for registration or pre-registration approval, the instrument is acceptable if the alteration is made by the party(ies) who signed the instrument or by their properly authorized attorney(s).

Where an alteration is required to:

  • a signed statement; the alteration must be initialled by the person that signed the statement or the statement must be re-signed.
  • an affidavit; the alteration must be made by the deponent and re-sworn by the same or another commissioner.
  • a declaration; the alteration must be made by the declarant and re-declared by the same or another commissioner.

Where an alteration is necessary, it is the responsibility of the registrant to have the alteration properly made together with the appropriate verification (ie: accompanying initials or signature).

When alterations are made to a document, land registry office staff will assume that registrants have obtained the proper authorization from their clients to make any necessary amendment to their documents. However, it must be noted that a lawyer is not, only by reason of having been retained to act for and represent a client, automatically the client’s “attorney."

General

Land Registrars and Land Registry Office employees must not counsel or in any way assist in unauthorized alterations to instruments, statements, affidavits or declarations, nor should they accept for registration any of the above documentation to which they have actually seen any unauthorized alterations made.

A Land Registrar or Land Registry office employee need not question the verification of any alteration that has been made, unless he or she has actual knowledge that the alteration was made without proper authority.

Registrants are advised that the land registry staff have been instructed not to make any amendments to documents either presented for registration or after they have been received for registration.

This Bulletin replaces Bulletin No. 80019.

Original signed by:

Ian Veitch, Director of land Registration
Katherine M. Murray, Director of Titles