2003-2 Automated Abstracting Protocols

Bulletin information:

Issue Date: July 11, 2003
Legislation: Land Titles Act, Registry Act

Bulletin content:

Changes were recently made to the Electronic Registration system and these changes have been communicated through Teraview and Ministry newsletters. One of these changes affects the way a lease type document is shown on the automated parcel register PIN. The following is a summary of the changes that affect the PIN.

Leases

The Land Titles Act states that the lessee or other person entitled to or interested in a lease or agreement for lease of registered land may apply to the land registrar to register notice of the lease or agreement. Bulletin No. 98008 detailed the requirements for the option of registering a notice of a lease or agreement to lease by setting out the particulars of the lease in lieu of including the lease or agreement in the document. In this situation the applicant is generally the lessee and the lessee or their solicitor signs the document.

Until the recent changes, the electronic registration system required a Notice of Lease and other lease type documents to be electronically signed by two parties for completeness and the Party To would complete the Land Transfer Tax Affidavit. Where the lessee was the applicant and the only party signing the document for completeness, the document could not be registered electronically. The change to the requirements for submitting lease type documents electronically enables the lessee to register a Notice of Lease, Notice of Assignment of Lessee Interest in Lease, Notice of Assignment of Lessor Interest in Lease, Notice of Oil and Gas Lease and Notice of Sublease as a one party (Party From) document and sign for completeness and authorize the Land Transfer Tax portion of the electronic document. Although the electronic system does not require the other party to the lease or agreement to be included in the document, the Land Titles registration requirements as detailed in Bulletin 98008 still need to be complied with. Therefore, both parties to the lease should still be included in the document however only one party needs to sign for completeness. This can be accomplished by completing the Party To field or by including the information in Statement 61.

The applicant on these documents, whether it is the lessor or lessee, will be abstracted in the Party From column of the parcel register. If the other parties are shown in the document as the Party To, they will be abstracted in the Parties To field of the parcel register. If any parties are referenced in Statement 61, they will not be abstracted on the parcel register.

When subsequent documents, such as an assignment or determination relating to the lease are created, the system will retrieve the information from the Party To column or the Ownership Field of the parcel register and enter it into the Party From field of the document. If this is not the appropriate party, the registrant will have the ability to remove the prepopulated party and enter the correct information into this field. Land Registry Office staff will continue to verify that proper parties are dealing with the interest(s).

Changes to Instrument Types on the Automated Parcel Register (PIN)

On July 14, 2003 system changes will be promoted which will affect how some document types appear on the PIN. Prior to these changes, the PIN did not reflect the entire name of the document, although the information was stored in the database.

Some of the common examples of this change are:

This change will result in a more descriptive document type shown on the PIN regardless of when it was registered and is consistent with the types available in electronic registration. As a result, a copy of a PIN obtained July 14, 2003 may contain additional information that was not previously shown.

Original signed by:

Katherine M. Murray, Director of Titles