88001 Fees and Procedures
Bulletin information:
Issue Date: January 25, 1988
Legislation: Land Titles Act, Registry Act
Bulletin content:
Fees
On January 18, 1988 new fee regulations under the Land Titles Act and Registry Act take effect, Copies of the fee schedule of O. Reg. 656/87 under the Registry Act and O. Reg. 555/87 under the Land Titles Act are attached hereto. Please post this bulletin and provide copies to users as requested.
The fees for services provided under the statutes referred to above are now as follows:
Instruments and Deposits
With limited exceptions, the fee for registration of instruments and documents for deposit is $20.00. Where a combined instrument is permitted (see paragraph 24, 625 of the Document User Guide) only one fee is payable.
Condominiums
The previous fee for registration of a declaration and description under the Condominium Act and the underlying lot or parcel fee have been eliminated. A fee of $15.00 per unit is payable under either act upon registration of a declaration and description.
Plans of Subdivision
For registration of a plan of subdivision under either act, there is a fee of $25.00 plus $1.00 for each lot or block created by the plan. The underlying lot or parcel fee has been eliminated.
First Registration – Land Titles
The fee for a first registration of land under the Land Titles Act is now $900.00. There is also a proposal to raise the fee for a certificate of Title under the Certification of Titles Act from the present $850.00 to $900.00. Land Registrars will be advised when this proposal takes effect.
Registration of Letters Patent
Under the Land Titles Act, where a federal patent is registered within 5 years of the date of issuer the fee will be $20.00. However, if registration occurs outside of the 5 year period, the normal first application procedure applies and the registration fee of $900.00 is payable.
Under the Registry Act, regardless of the time period, the fee for registration of federal letters patent remains at $20.00.
For provincial letters patent under the Public Lands Act, there is no fee for registration under either act and the first application procedure for Land Titles does not apply.
Search Fees
Under both acts, the fee for production of any index or register for a parcel is $4.00. The fees for production of instruments have been eliminated.
Photocopy Fees
Photocopies of instruments and plans continue at $0.50 per page under both acts. Also a paper print of a plan (commonly known as a white print) under either system will cost $1.50 as previously.
In Land Titles, a copy of a writ of execution will cost $2.00
The copy charge for indexes or registers for each parcel of land is $4.00 for the first page and $1.00 for each succeeding page, regardless of the number of pages. For condominiums, a parcel includes a Property Parcel Register or Property Abstract Index, the Common Elements and General Index, the Constitution Index and the Unit Register or Index.
Certified Copies/Registrar’s Abstracts/Certificates
To certify a copy of an instrument, abstract, parcel or writ of execution will cost an additional $1.00. This fee applies per copy certified, not per page.
Registrars’ abstracts under s.15 of the Registry Act cost $20.00 plus $1.00 for each instrument included in the abstract.
The fee for an execution search certificate under the Land Titles Act is $3.00 per name searched. A certificate of search under the Land Titles Act, including executions, cost $20.00.
Procedures
The following procedures will take effect on January 18, 1988.
Production of Abstract/Parcel Books
The fee for production of an abstract index book or parcel registers but does not include indexes for adjoining parcels. The production fee must be paid each time a book is produced. A book cannot be produced without fee on subsequent days in order to complete searches commenced on previous days. The production of parcel registers in land titles as part of the registration process is not to be considered as a search production. Consequently, no fee is payable for the production of a book on r registration in land titles.
Other indexes and registers in either system such as the By-law Index, the Trans-Canada Pipeline Register, the General Register, etc. are to be produced free of charge.
Photocopies of Parcel/Abstract
The fee for photocopies of abstract indexes or parcel registers applies when ordering the requisite copies. In cases where a fee is paid for production of a book and subsequently photocopies are ordered, the fee for photocopies applies. In situations where it is necessary to look at the parcel register or abstract index for purposes of identifying the parcel, a photocopy may be ordered without incurring the production fee.
Receipted Copies/Duplicates
The following procedure for processing and returning copies of instruments registered under the Land Titles Act is to be adopted immediately.
When an instrument is accepted for registration, one copy if any, should be numbered and stamped with a certificate of receipt (Form 21b of O. Reg. 75/82) and returned to the registrant immediately. A facsimile signature may be used on the certificate. Enter the time of registration but do not add a duplicate stamp.
No change of procedure is required for copies of instruments already accepted for registration or received by mail. Copies will not be receipted if presented after the original ahs been accepted for registration. The registrant may, in that case, order a certified copy. The land registrar is required to receipt only one copy on registration.
In the registry system no change in the present procedure of returning copies of registration is required. However, as in land titles, a duplicate stamp should not be used and only 1 copy is required to be endorsed. Facsimile signature are also authorized.
Document Production
In order to obtain a document for inspection, the “request for service” slips must still be completed and submitted. In situations where the slips are for document purposes only, the slips may be discarded the documents are returned to the files. It is still necessary to tally the number of documents produced for the monthly report. In situations where fees are rung the onto a slip (for production of indexes/registers or copies) they must be retained for audit purposes.
In land titles, the land registrar may produce a writ of execution for inspection without fee. The procedure for this amends bulletin 87003.
Fee Reductions
To accommodate transitions to the new fees, the Director of Land Registration is authorizing fee reductions in the following circumstances:
Where the land registrar is satisfied that the registrant did not have notice of fee changes and application of the new fee requirements would result in hardship, the land registrar may allow registration based on previous fees. This includes mailed documents before notice of fee changes could reasonably have been received. Fees are not to be reduced on this basis after February 29, 1988.