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ISC Changes of Ownership Manual

Changes of Ownership Manual

DISCLAIMER

The materials in this training manual are for demonstration purposes only. The forms are subject to change at any time without notice. Use of outdated forms may result in transactions being rejected or delayed. Always look to the web site for the most recent versions of the forms. Information Services Corporation will not be responsible for loss resulting from the use of outdated forms. The characters and events depicted in this manual are fictional. Any similarity to real events or persons (whether living or deceased) is unintentional.

© Copyright 2003, Information Services Corporation (ISC). All rights reserved.

You may not copy, reproduce, translate or reduce to any electronic medium or machine-readable form, in whole or part, without prior written permission of Information Services Corporation (ISC).

While every reasonable precaution has been taken in the preparation of this manual, the author and publishers assume no responsibility for errors or omissions, nor for uses made of the material contained herein and the decision based on such use. Neither the author nor the publishers make any images, warranties or guarantees of any kind, either express or implied. Neither the author nor the publishers shall be liable for any indirect, special, incidental, or consequential damages arising out of the use or inability to use the contents of this book whether the publisher has been advised of the use of this publication or not.

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Table of Contents Table of Contents .............................................. i

Owners .............................................................. 3

Who Can Be an Owner ....................................................... 3

Ownership Structures ........................................................ 4

Trusts, Personal Representatives, Bankruptcy ............... 4

Children and Dependent Adults ........................................ 5

Changes of Ownership (Transfers) .................................. 5

Change of Name ................................................................. 7 Evidence Required to Support Change of Name .............. 7

Why Additional Documentation is Required? ........................ 7 The Minimum Documentation ISC Can Accept ..................... 7

Name Change: Individual ................................................ 9 Name Change: Non-Individual ....................................... 10

Authorization forms ......................................................... 12

Changes of Ownership (Transfers) .............. 13

Application for Transfer (Single Title) ........................... 13 Transferring a Single Title ............................................... 14

Application for Transfer (Part I: Surrender) & (Part II: Set up) ...................................................................................... 16

Surrendering a title ......................................................... 16 A) Transform Number .......................................................... 16B) Parcel Number ................................................................ 17C) Condo Unit Transfer ........................................................ 17D) Mineral Commodity Transfer ........................................... 17E) Title Number(s) to be Transferred ................................... 17

Setting up a title .............................................................. 19 New Parcel Number ............................................................. 19 Transform Number ............................................................... 19 Condominium Unit Number .................................................. 20 Mineral Commodity .............................................................. 20 Previous Title Numbers or Application Sequence Numbers 20 New Owners Section ........................................................... 20 Conditions ............................................................................ 21

Changes of Ownership Manual – 2005 06 06 i


Changes of Ownership Manual – 2005 06 06 ii

Surviving Joint Tenants ................................................... 22 Transferring title to surviving joint tenant(s) ................... 22 Authorizations required ................................................... 23

Transmission on Death and Bankruptcy ....................... 24 Personal representative re: titles .................................... 24

On the form you must identify .............................................. 24 Documents that must accompany the form ......................... 25

Trustee in bankruptcy re: titles ........................................ 26 On the form you must identify .............................................. 26 Documents that must accompany the form ......................... 26 Severance of Joint Tenancy After Bankruptcy of a Joint Tenant .................................................................................. 27

Bankruptcy Orders filed in the former General Record ... 29

LAND Tips ......................................................................... 30


Owners Who Can Be an Owner

Section 33 describes who can be shown as an owner on title or a holder of a registered interest in land. It includes:

• Individuals – that is, natural persons.• The Crown.• Bodies corporate.• Any other entity that is designated in the regulations.

Bodies corporate include all corporations that are entitled to own land in Saskatchewan or to hold an interest in land in Saskatchewan. This includes:

• Business corporations incorporated under The BusinessCorporations Act.1

• Non-profit corporations incorporated under The Non-ProfitCorporations Act, 1995.2

• Bodies corporate established by public or private statute,such as Crown corporations, municipal corporations, co-operatives and credit unions.

The Land Titles Registry will be using the database maintained by the Corporations Branch as its database of bodies corporate. That agency will determine whether a particular entity is a “body corporate” within the meaning of the section, and will assign entity numbers to all such bodies corporate that require one to own a title or hold an interest.

Other entities designated in the regulations might include entities that are not bodies corporate but that are entitled to register interests in land, or entities such as Indian bands that will eventually be permitted to own title in the name of the band.

1 R.S.S. 1978, c. B-10 2 S.S. 1995, c. N-4.2

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Ownership Structures As mentioned previously, titles can be owned by joint tenants or tenants in common. In rare circumstances, they can also be held by joint tenants with no survivorship.3 In the case of interests, the interest holders can be designated as tenants in common or joint tenants. Both the old and the new legislation deem ownership to be as tenancy in common in the case of more than one owner, unless the application for registration specifically states otherwise.4

Trusts, Personal Representatives, Bankruptcy

As always, trustees that own title cannot be shown as such.5 The reason is that displaying trusts would be inconsistent with the fundamental Torrens principle of reliability of title. The prospective purchaser and the Land Titles Registry are entitled to deal with the owner as though there were no trusts. It would be confusing to maintain this principle but notify people that there is, in fact, a trust.

This rule is subject to certain exceptions. It is the tradition in Saskatchewan to show personal representatives and trustees in bankruptcy on the title in their capacity as such. This practice is being continued in the new LAND System.6

3 Common law permits this form of ownership only for title and only in the case of trustees or personal representatives as owners. 4 Op. Cit., The Land Titles Act, 2000, subsection 34(3) 5 Ibid., section 35 and The Land Titles Act, section 73 6 Ibid., subsections 35(3) and 35(4)



Children and Dependent Adults It is well settled that children and dependent adults are entitled to own land and interests in land in Saskatchewan. It is also well settled that no child has, and most dependent adults do not have, the legal capacity to deal with that property. Accordingly, the new LAND System has the capability of tracking which titles and interests are owned by children7 and dependent adults8 to notify the customer and the Land Titles Registry that the property can be dealt with only by someone authorized by law to do so.

Occasionally, titles and interests that actually belong to children will not be flagged as belonging to a child. In that case, the affidavit of execution that is completed by the witness to the signature of the owner or interest holder will not be able to declare that the individual executing the document is over the age of 18. Without this affidavit, the transaction will not proceed with only the authorization of the owner.

Changes of Ownership (Transfers) In the new LAND System, all changes of ownership are accomplished by way of a transfer.9 This includes:

• Voluntary transfers from the registered owner to a purchaser forvalue.

• Voluntary transfers from the registered owner to a recipient (or“volunteer”) for no value.

• Involuntary transfers pursuant to an expropriation, taxenforcement proceeding, or court order.

• Transmissions to a personal representative or trustee in bankruptcy.• Transfers to a surviving joint tenant.• Statutory vesting, such as the vesting of streets and lanes in the

Crown upon the issuing of new titles following a subdivision.

In order to register a transfer, the Land Titles Registry requires appropriate authorization. In the case of a voluntary transfer, this authorization is the signature of the registered owner, verified by affidavit of execution or, where the witness is a barrister and solicitor, the signature of the witness. In the case of an involuntary transfer, the authorization comes from the expropriation order, the tax enforcement order, or the court order. In the case of a

7 Ibid., section 39 8 Ibid., section 40 9 Ibid., clause 2(1)(ss): “transfer” means to convey a title pursuant to this Act, whether voluntarily or otherwise and whether for value or otherwise, and includes a Crown grant unless the context requires otherwise



transmission, the authorization comes from the production of the document verifying the authority of the new owner, such as letters probate, letters of administration, or an appointment of a trustee in bankruptcy. In the case of a surviving joint tenant, the authorization is the Affidavit accompanied by the death certificate of the deceased joint tenant.

In any case where a transfer is registered, all interests that show against the transferred title are carried forward onto the new title, unless discharged or unless some other law prevails. Examples of such a law are tax enforcement proceedings, under which the municipality receives the title clear of all interests except Crown interests,10 and land that is vested in the Crown or a municipality following a subdivision, which is clear of all interests.11

10 The Tax Enforcement Act, R.S.S. 1978, c. T-2 , section 26.1(8) 11 Op. Cit., The Planning and Development Act, 1983, section 205(3)



Change of Name The name change process sets out the rules for changing names of individuals and non-individuals. Name changes made will then display on all Land Registry records that are related to that entity (i.e., individual or non-individual).

Once the Change of Name/Client Number Amalgamation form (available from the ISC website - www.isc.ca - under Forms, Client and Account Management) is completed, it is sent to ISC, c/o the e-Business Services Centre, for processing. See the Change of Name/Client Number Amalgamation - INSTRUCTION SHEETS, which is also available online, for more detailed instructions.

Non-individual name changes (excluding convenience corporations) are processed by Corporations Branch. Once the change is made in Corporations Branch (COBRA), the changes are inserted into the LAND System.

NOTE

NOTE No fee is charged for this change of name service.

Evidence Required to Support Change of Name

Information Services Corporation (ISC) requires specific evidence to support an application to Change Name associated with a client number.

The same evidence is required to support the situation where the name of the authorizing party and the name of the title owner or interest holder is not the same.

Why Additional Documentation is Required?

The purpose of requiring documentation to supporting a request to Change Name associated with client number (or to support the situation of differing authorizing party and owner/interest holder) is to provide ISC with clear evidence, from a reputable source, that one name, in fact and law, has replaced another name. In other words, we need something reliable that tells us that the party providing the authorization is the correct party to do so where the names are inconsistent.

The Minimum Documentation ISC Can Accept

The evidence on the face of a copy of a certificate from a corporations registry may be enough for ISC requirements. ISC will not always require the articles to be attached as these


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may run into many pages and provide little or no additional information.

The evidence will be clear from the face of a copy of a corporate certificate if:

• Both the "old" and "new" name appear on the face of thecertificate.

• The reason for the change of name appears on the face ofthe certificate (amalgamation, etc.).

• The certificate has been signed and sealed by an official ofthe registry or if the certificate is otherwise 'certified'.

In the case of a seal on a corporate certificate, it is sufficient if the outline of the seal is visible. It will not be necessary to make out all the words in the seal. However, if the document does not appear to have any seal at all, the certificate of lawyer or notary will be required. Remember the Land Titles Office (LTO) backing page showing the LTO registration number and date will also be sufficient to make the document acceptable.

NOTE

NOTE

Where a client has undertaken several changes of name over time, it may provide several corporate certificates that will show the "chain" of name changes. Again, the articles need not be supplied if the criteria set out above are satisfied. If the corporate certificate alone cannot satisfy the criteria, however, it will be necessary to provide further documentation. This may be the articles themselves, a portion of the articles or other documentation from the corporations registry.

Remember, there are other documents to consider when one has a name on title that does not match the name of the authorizing party:

• A Court Order - this document must be received in itsentirety.

• A citation of legislation - the client may merely cite theAct and the applicable section or the client may provide anexcerpt from the Act or a copy of the Act itself. It will becommon to see a mere citation of the Act or a briefexcerpt.



Name Change: Individual

There are two reasons that a name change request may be submitted to ISC:

• To change a name as the result of a change in personalcircumstances (e.g., legal change of name, marriage,divorce, court order, adoption, etc.).

• To correct a name as a result of a client error (i.e., thename submitted was spelled incorrectly).

When a client has multiple client numbers (this may include a combination of both Land registry and non-Land registry related), this may be included and form part of the name change request.

When the required information is provided, the name change is then entered and all future transactions using the old client numbers will reference the new name.

Follow the steps illustrated below to change the name of an individual:

Download the Individual Change of Name/Client NumberAmalgamation form, applicable Affidavit and InstructionSheet from the website.

Complete the form following the steps in the InstructionSheet.

Complete an Affidavit of Identity - Individual Change ofName or Affidavit for Individual Name Correction executedby the affected individuals or their solicitors that includes:• All affected names (i.e., as they were) and

corresponding client numbers.• New full name (no initials are permitted unless they are

shown as the changed name in the attached VitalStatistics Certificate). Include the second name, thirdname, and generation, if applicable.

• The circumstances under which the name is beingchanged.

• The authority under which the name is being changed.And

• Confirmation that the individual named therein is oneand the same individual as the new name set out in theattached supporting Certificate.

NOTE An affidavit of identity can be sworn “on behalf of the registered owner or interest holder” as well as by “the registered owner or interest holder”. Although this wording



was meant to address those situations in which the registered owner or interest holder is deceased, the wording cannot be taken as being limited to these situations. Any person including Personal Representatives, Solicitors, etc. may swear an affidavit of identity on behalf of the registered owner or interest holder where the names do not match.

Include attachments, if applicable, such as a Certificate ofName Change.

Mail, fax, or email the completed form, Affidavit, and,where applicable, the required Certificate or supportingdocumentation to ISC c/o:

When faxing forms, set the resolution on your fax machine to “fine.”

e-Business Services Centre1301 1st Avenue, Regina, Saskatchewan, S4P 3V7fax: (306) 798-1399email: [email protected]

Once the name change is completed, a confirmation letteris sent to both the:• Affected entity at the new address (if changed). And• Requesting party.

Name Change: Non-Individual

A non-individual legal name change (excluding convenience corporations) can only be processed by Corporations Branch (COBRA). Once the change is made in Corporations Branch, the COBRA download communicates the change to the Common Entity database. Any further transactions using the associated client number will refer to the changed name.

A request for a convenience corporation name change, accompanied by (where applicable) the required supporting documentation are submitted to Common Entity for one of three reasons:

• To change the name to accommodate amalgamationsand/or a branch relationship addition.

• To “standardize” multiple name variations of the sameclient in the Common Entity database.

• To change the name as a result of a client error (i.e., thename submitted was spelled incorrectly).

When a client has multiple client numbers in the Common Entity database (this may include a combination of both Land registry and non-Land registry related), this may be included and form part of the name change request.


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Convenience corporation names may be changed to another convenience corporation or to a COBRA entity.

When the required information is provided, the name change is entered in the Common Entity database. Any further transactions using the associated client numbers will refer to the changed name.

Follow the steps illustrated below to change the name of any non- individual:

Download the Change of Name/Client NumberAmalgamation form, applicable Affidavit and InstructionSheet from the website.

Complete the form following the steps in the InstructionSheet.

Complete the applicable Affidavit executed by the entity’sproper signing officer or their solicitor that includes:• All affected names (i.e., as they were) and

corresponding client numbers.• New firm name.• Identification that all the convenience corporations

named therein are in the Land Registry records as acurrent title owner, interest holder, alternate holder,and/or personal representative.

• Confirmation that the convenience corporations namedtherein are all one and the same as the new entity.

• Additional details and information that may support thename change.

NOTE An affidavit of identity can be sworn “on behalf of the registered owner or interest holder” as well as by “the registered owner or interest holder”. Although this wording was meant to address those situations in which the registered owner or interest holder is deceased, the wording cannot be taken as being limited to these situations. Any person including Personal Representatives, Solicitors, etc. may swear an affidavit of identity on behalf of the registered owner or interest holder where the names do not match.

When faxing forms, set the resolution on your fax machine to “fine.”

Mail, fax, or email the completed form and Affidavit to ISCat the e-Business Services Centre.

e-Business Services Centre1301 1st Avenue, Regina, Saskatchewan S4P 3V7fax: (306) 798-1399email: [email protected]



Once the name change is completed, a confirmation letteris sent to both the:• Affected entity at the new address (if changed). And• Requesting party.

Authorization forms ISC Authorization forms (available from ISC website - www.isc.ca - under the Forms tab) have three distinct sections:

• Authorization section - differs slightly for each transactiontype (e.g., Title Transfers, , Interests and Transforms).

• Affidavit of Execution section.• Affidavit Verifying Corporate Signing Authority section.

The following factors will determine which requirements must be identified within the authorization:

These factors will determine which parts of the Authorization form are mandatory.

• The nature of the party providing the authorization(individual or corporation).

• The use of a corporate seal. And• The jurisdiction where the authorization is completed.

The ISC sample authorization forms provided at www.ISC.ca are for usage in the LAND System. Their usage is not mandatory and custom made authorization forms are still acceptable as long as they meet the mandatory requirements for the transaction they authorize.

NOTE

For in depth information on the completion of the Authorization Forms and Affidavits, refer to the Common Authorizations Manual available at www.isc.ca, under Support, Reference Materials.


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Changes of Ownership (Transfers) The LAND System sees a transfer as two somewhat distinct components: the surrender of the existing owner’s title(s) and the creation of the new owner’s title(s).

There are two types of applications for transfer, depending on the number of titles involved.

The first type is a transfer of one title to another title; i.e., a one-to-one relationship between the title being surrendered and the title being set up. This is the case regardless of whether the surrendered or new titles are owned in Joint Tenancy.

While this first type is the transfer of one single title to one single title, the second type covers all of the other possibilities. These include the transfer of a single title to multiple titles, the transfer of multiple titles to a single title, or the transfer of multiple titles to multiple titles. In other words, it is never a one-to-one relationship: it can be one to many, many to one, or many to many.

Application for Transfer (Single Title)

An Application for Single Title transfer can be accomplished by completing a single form that combines the surrender and set up information.

The following information will guide you through the process of completing the Application for Transfer (Single Title) form.



Transferring a Single Title

Download the Application for Transfer (Single Title) formavailable from the ISC website (www.isc.ca) under theForms tab.12

Complete the Application Sequence Number field.• This tells the Land Registry staff what order you want

each of the forms in a packet to be entered into thesystem. Because a packet can deal with differentapplications, you need to indicate the order of work forthe whole packet.

Enter information in only one of the following fields:• Existing Title Number field, if known. OR

− This is the title number of the title being transferred.• Application Sequence Number field.

− The Application Sequence Numbers are onlyrequired when titles that were created as part of the same packet are being transferred. The number to enter is the number that you have put on the application that created the title.

Check the appropriate New Owners box.• If new owners are taking the title as Tenants in

Common, you must use the multiple title transfermethod to complete the transfer.

If new owner(s) has an existing client number, completeSection A by providing the number(s) and name(s).

If new owner does not have a client number, completeSection B by providing relevant name and addressinformation.• The regulations require the full name of individuals but

that initials may not be used.• New owners who are not individuals must use their

pre-existing client numbers.

12 You simply have to download the form each time you need to do a transaction. You may also photocopy the form, as long as the bar code is still readable.




Complete the New Title Value field.• Value is defined in the regulations as fair market value.

It represents only this title’s share in the parcel. Forexample, if the title being transferred represents anundivided 1/2 share in the parcel, and the fair marketvalue of the parcel is $100,000, the New Title Valuefield should be completed with the value of $50,000.

"Definition of Value" was amended within the regulations to say that value in title acquisitions should be expressed in whole dollars, rounded down to the nearest dollar.

ISC cannot accept anything other than .00 cents in the New Title Value field for title transfer, title setup, transfer by surviving joint tenant, transmission, condo setup and mineral commodity setup so if your transfer value was $59,999.25 round down to the nearest dollar.

You must complete the final section of the form by way ofone of the following three choices:• Check No Conditions if you will accept any existing

interest, writ, or maintenance order that carries forwardor is set up on the new title.

• Enter the date and time in the ConditionalRegistration Date and Time box if you wish thetransfer to be subject to any interest, writ, ormaintenance order existing on this date, but that theapplication should be rejected if any new registrationsagainst the surrendered title have occurred since. OR

• Check Free and Clear Registration only if the titleshould be issued clear of any and all interests.

NOTE Where it is known that a writ or maintenance order will automatically attach to the name of the transferee, it is still possible to perform a conditional transfer subject to the attachment of the writ or maintenance order:

Check either Free and Clear or enter a ConditionalRegistration Date and Time.Enter the Saskatchewan Writ Registry number of the writ inquestion and/or the maintenance order number in theappropriate fields at the bottom of the form.

NOTE Every Application for Transfer (Single Title) must be accompanied by authorizations for each owner of the title being transferred. This authorization will be the witnessed signature of the owner in most cases. It can also be a substitute authorization, such as a property guardian, court order or power of attorney. In some cases, the law also requires additional authorization, such as the case where the owner has a court-appointed property co-decision-maker.

Homestead Affidavits should be placed after a Begin Attachment Sheet that would accompany an Application for Transfer (Single Title) or an Application for Transfer (Part II: Setup). By doing an audit of the title, the customer can select the option to view the application that created the title. The customer is taken to the Packet Detail screen where they can then view the image of the application and/or the attachment, in this case the Homestead Affidavit.

NOTE



Application for Transfer (Part I: Surrender) & (Part II: Set up) This method of transfer involves the separate components of surrendering the existing title(s) in order to set up the new title(s).

Surrendering a title Any title surrender must be accompanied by the authorization of the title owner, or an acceptable substitute, as well as any necessary additional authorizations.

The Application for Transfer form (Part I: Surrender) is to be used in the process of transferring from one title owner to another. This form must be submitted together with Application for Transfer (Part II: Set up).

Download the Application for Transfer (Part I: Surrender)form available from the ISC website (www.isc.ca) underthe Forms tab.13



. Complete only one of the five sections that appear.• This will depend on what type of transfer you wish to

initiate. For instruction on when to use what section,follow the guidelines below:

A) Transform Number

This is required only when the relevant parcel(s) of land is being transformed (e.g., subdivided or consolidated). The number can be found on the Transform Approval Certificate issued by the Controller of Surveys. The transform number may refer to a number of titles.

NOTE More will be said on the transform process later, given that it is somewhat exceptional in comparison to most other cases of title transfer.





B) Parcel Number

This is required in situations where all titles relating to a parcel are being transferred. The parcel number can be found on the title picture or it can be found through a Land Registry Search.

NOTE If there is only one title for a parcel, the surrender can be accomplished by completing either of Part B or E with the relevant number.

C) Condo Unit Transfer

This is only required for a full condominium unit transfer. The parcel and unit numbers can be found on the title print or they can be found through a Land Titles Registry Search.

D) Mineral Commodity Transfer

This is only required for a mineral commodity transfer. The parcel number and mineral commodity can be found on the title print or they can be found through a Land Titles Registry Search.

E) Title Number(s) to be Transferred

This section may be valid in a variety of situations in which one or more titles are being surrendered. The title numbers can be found on the title print or they can be found through a Land Titles Registry Search.

NOTE It is not necessary that the title numbers listed in this grid be associated with the same parcel.

Attach the proper authorization directly behind theApplication for Transfer (Part I: Surrender) form.



The surrender is the inactivating of title(s) already existing within the LAND System. Any title surrender must be accompanied by the authorization of the title owner, or an acceptable substitute, as well as any necessary additional authorizations.

NOTE

• If the witness is not a lawyer in and for the Province ofSaskatchewan, the authorization must be witnessed by anindividual who must swear an Affidavit of Execution beforea individual authorized to take an affidavit as prescribed insection 24 of the Regulations and as indicated on theAuthorization form.The scanning equipment in the

e-Business Services Centre cannot generally detect an embossed seal; i.e. the embossed seal will not appear on the image that is reviewed by LAND Registry staff in association with the application for registration. As a result, when an authorization document is signed under an embossed seal, it will be necessary to submit a certificate of a lawyer with respect to the presence of a seal on the relevant instrument.

• Bodies corporate are responsible for appointing signingauthorities. If a body corporate is making the application,and the authorization is not executed under corporate seal,then the corporate signing officer must swear an affidavitverifying corporate authority to execute the documentwithout affixing a corporate seal.

• If a body corporate is making the application, and theauthorization accompanying that application is underembossed seal, then the applicant must include a lawyer’sor notary’s certificate certifying the use of the embossedseal.

• There are special rules contained in the Regulations thatapply to documents signed on behalf of the ProvincialMediation Board, the Government of Saskatchewan, andthe Canadian Armed Forces. Please refer to sections 25,26 and 28 of the Regulations.

• There are special rules contained in section 29 of theRegulations with respect to the contents of the Affidavit ofExecution attested to by a witness where an authorizationis signed on behalf of a individual with a disability.

Homestead Affidavits should be placed after a Begin Attachment Sheet that would accompany an Application for Transfer (Single Title) or an Application for Transfer (Part II: Setup). By doing an audit of the title, the customer can select the option to view the request that created the title. The customer is taken to the Packet Detail screen where they can then view the image of the application and/or the attachment, in this case the Homestead Affidavit.

NOTE



Setting up a title

If required, complete an Additional Title Owners form and include it with this application.

The Application for Transfer (Part II: Set up) must be submitted together with Application for Transfer (Part I: Surrender) and the appropriate authorizations.

Download the Application for Transfer (Part II: Setup) formavailable on the ISC website (www.isc.ca) under the Formstab.14



It is advisable to complete the Application Sheet Count field after preparing all other documents that accompany the application.

Complete the Application Sheet Count field.• This lets the computerized system know how many

pages have been included with the application toperform a particular transaction.

Complete only the fields that apply to your setup.• Refer to the Application for Transfer (Part II: Setup)

Instruction Sheet available on the ISC website(www.isc.ca) under the Forms tab for more detailedinformation.

As with the Application for Transfer (Part I: Surrender), you must include certain information depending on the type of transfer. The guidelines below will assist you in completing the form accurately:

New Parcel Number

This is required information when setting up a title for a transform. Enter the new Parcel Number that appears on the Transform Approval Certificate issued by the Controller of Surveys.

Transform Number

This is required where new titles are being set up as the result of the Transform of a Parcel. Enter the number that appears






on your Transform Approval Certificate issued by the Controller of Surveys.

Condominium Unit Number

Enter this information only when it is applicable. The number can be found on the title print; or, it can be found through a title search.

Mineral Commodity

Enter the mineral commodity name only when it is applicable. The name can be found on the title print or through a Land Registry search on the ISC website.

NOTE If the name does not fit in the box, write it in full on a separate sheet of plain white paper and attach to this application packet; write “see attached sheet” in Mineral Commodity box.

Previous Title Numbers or Application Sequence Numbers One of these fields is required

in all cases except for a transform.

• The Previous Title Numbers appear on the title print orthey can be found through a Land Registry search on theISC website (www.isc.ca).

• The Application Sequence Numbers are only requiredwhen titles that were created as part of the same packetare being transferred. The number to enter is the numberthat you have put on the application that created the title.

New Owners Section

Check the appropriate New Owners box. You have achoice of:• Single Owner.• Tenant in Common.• Joint Tenants.• Joint Tenants without Survivorship.

Enter the fractional title share and the new title value.• If you are setting up titles to a tenancy in common, a

common denominator is not necessary with regard tofractional title share, but the sum of the fractions for alltitles in the parcel must equal one (1).



ISC cannot accept anything other than .00 cents in the New Title Value field for title transfer, title setup, transfer by surviving joint tenant, transmission, condo setup and mineral commodity setup so if your transfer value was $59,999.25 round down to the nearest dollar.



• The minimum mineral fraction is 1/20 per commodityper parcel.

• The value represents only this title’s share in theparcel; value is defined in the regulations as fair marketvalue.

Complete the ownership information section, as applicable:

• Section A – New Owner(s) with Client Numbers− Enter the client number and the corporation name

OR the client name. If the name and number do not match those in the database, the application will be rejected.

• Section B – New Owner(s) without Client Numbers− Provide relevant name and address information.

Note that the regulations require the full name of individuals. New owners who are not individuals must use their pre-existing client numbers.

Conditions

Choose the condition. You must complete the final sectionof the form by one of the three choices:

• Check No Conditions if you will accept any existinginterest, writ, or maintenance order that carries forwardor is set up on the new title.

• Enter the date and time in the ConditionalRegistration Date and Time box if you wish thetransfer to be subject to any interest, writ, ormaintenance order existing on this date, but that theapplication should be rejected if any new registrationsagainst the surrendered title have occurred since.

• Check Free and Clear Registration only if the titleshould be issued clear of any and all interests.

Where it is known that a writ or maintenance order will automatically attach to the name of the transferee, it is still possible to perform a conditional transfer subject to the attachment of the writ or maintenance order:

Check either Free and Clear or enter a ConditionalRegistration Date and Time per the above notedprocedure.Enter the Saskatchewan Writ Registry number of the writ inquestion and/or the maintenance order number in theappropriate fields at the bottom of the form.



Surviving Joint Tenants When a title has joint tenants and one or more of the tenants is deceased, an Application for Transfer to Surviving Joint Tenant is required to have a new title set up in the names of the surviving owner(s). In essence, an application for Transfer to Surviving Joint Tenant removes the deceased individual(s) from the title and creates a new title with only the survivor(s) listed as owner(s). In the case of a surviving joint tenant, the authorization is the Affidavit of Surviving Joint Tenant accompanied by the death certificate or Letters Probate/Administration of the deceased joint tenant.

Transferring title to surviving joint tenant(s)

Download the Application for Transfer to Surviving JointTenant form available on the ISC website (www.isc.ca)under the Forms tab.15



Enter the title number of the title being transferred into theTitle Number field.• This number can be found using a Land Registry

search."Definition of Value" was amended within the regulations to say that value in title acquisitions should be expressed in whole dollars, rounded down to the nearest dollar.

ISC cannot accept anything other than .00 cents in the New Title Value field for title transfer, title setup, transfer by surviving joint tenant, transmission, condo setup and mineral commodity setup so if your value was $59,999.25 round down to the nearest dollar.

Enter the value of new title into the New Title Value field.• This amount represents the title's share in the parcel of

land. It should be based on the current fair marketvalue.

Complete the Surviving Title Owner(s) section by enteringboth the client number and corresponding client name ofthe title owner(s) surviving this joint tenancy.• This section represents the title owners who will

continue to exist as owners of this title.





Complete the Deceased Title Owner(s) section by enteringboth the client number and corresponding client name ofthe deceased title owners of this joint tenancy.

Authorizations required Make sure the client name corresponds with the client number provided. If the client name and number provided do not match those in the database, the application will be rejected.

In the case of a surviving joint tenant, the authorizations required are:

• An Affidavit of Surviving Joint tenant. And• The Death Certificate of the deceased joint tenant or

Letters Probate/Administration

These documents must immediately follow the Transfer to Surviving Joint Tenant form within the packet. If incorrectly placed within the packet (e.g., behind the Begin Attachment Sheet) the entire packet will be rejected.

NOTE

NOTE An affidavit of surviving joint tenant must be sworn by “the registered owner”, this means the surviving joint tenant. If there are two or more surviving Joint Tenants, only one need complete an Affidavit on behalf of all the survivors. The Affidavit should be modified accordingly.

In the event the surviving joint tenant is also deceased, then the Affidavit would be completed by the personal representative of the surviving joint tenant and must be accompanied by the Letters Probate/Letters of Administration.

NOTE

The Death Certificate of the deceased joint tenant required is the Official Death Certificate as issued by Vital Statistics at eHealth, or from a similar authority if from another jurisdiction. As a general rule, any other proof of death, such as funeral director’s certificate, is not acceptable and the packet will be rejected. However, if the deceased’s estate was probated the Letters Probate/Administration can be provided rather than the Death Certificate.

NOTE



Transmission on Death and Bankruptcy

Personal representative re: titles

An executor or administrator of the estate of a deceased owner must apply to have the title transmitted into his/her/their names as personal representative, using the Application for Transmission form.



On the form you must identify

• That the transmission is to a personal representative bychecking the box beside “Personal representative.”

• The New Title Value.• The name and client number of the deceased as it appears

on the title.• The title number being transmitted.• The name(s) of the personal representative(s):

− If the personal representative already has a client number, provide that number and the name of the personal representative.

− If not, provide the full name and address of the personal representative;

NOTE A personal representative that is a body corporate must use a pre-existing client number.

In the case of a transmission, the authorization comes from the production of the document verifying the authority of the new owner, such as letters probate or letters of administration.



Documents that must accompany the form

An Application for Transmission must be accompanied by: The original letters probate or letters of administration should NOT BE SENT. Please make copies and keep the originals for your own records.

• Letters probate or letters of administration, as the casemay be, in the estate of the deceased individual.

• Evidence acceptable to the Registrar that:− the personal representative has obtained a

certificate of the local registrar pursuant to The Administration of Estates Act stating that no infants are interested in the estate of the deceased, if that is the case; or

− the personal representative has obtained a certificate of the Public Guardian and Trustee pursuant to The Administration of Estates Act stating that no infants are interested in the estate of the deceased.

Unless an application is accompanied by such evidence, any application for registration of a transfer of a title (previously) owned by the deceased must be accompanied by:

• A certificate of the Public Guardian and Trustee pursuantto The Administration of Estates Act stating that no infantsare interested in the estate of the deceased.

• The consent of the Public Guardian and Trustee pursuantsection 153 of The Land Titles Act, 2000 in a formsatisfactory to the Registrar.

• An affidavit by the personal representative stating the landwas sold by the deceased prior to death.

• Or an affidavit from the personal representative stating thatthe new owner body corporation, municipal corporation orCrown is acquiring the land for the constructionmaintenance or operation of a railway, gas oil or waterpipeline, or a public utility easement.

For the purposes of section 153 of the Act, a certificate mentioned in clause (4)(a) or (b) is the consent of the Public Guardian and Trustee, and no other consent of the Public Guardian and Trustee is required to accompany an application for registration of a transfer of a title owned by the deceased.



Trustee in bankruptcy re: titles

A trustee in bankruptcy must apply to have the title transmitted into his/her/their names as trustee in bankruptcy using the Application for Transmission form.

On the form you must identify


• The title number being transmitted.• That the transmission is to be trustee in bankruptcy and

whether it is by ordinary or summary administration bychecking the appropriate box.

• The New Title Value.• The name and client number of the bankrupt as it appears

on the title.• The name(s) of the trustee(s) in bankruptcy.

− If the trustee already has a client number, provide that number and the name of the trustee.

− If not, provide the full name and address of the trustee.

Documents that must accompany the form

An Application for Transmission must be accompanied by evidence acceptable to the Registrar that the administration of the estate of the bankrupt is by way of:

• Summary administration that does not require inspectors.• Summary administration that requires inspectors. OR• Ordinary administration.

This will normally be the receiving order or assignment in bankruptcy.

NOTE

Where, prior to the receiving order or the assignment in bankruptcy, the bankrupt individual holds title jointly with another registered owner, the trustee in bankruptcy may apply for transmission into the name of the trustee of an undivided share equal to the share of the bankrupt.

A title held by a bankrupt individual must be transmitted to the name of the trustee in bankruptcy before it may be transferred.

This process is better explained in the "Severance of Joint Tenancy After Bankruptcy of a Joint Tenant" procedure listed below.



Severance of Joint Tenancy After Bankruptcy of a Joint Tenant

Joint tenants will appear on one title. The process for transmission of a title in the event of bankruptcy involves a number of steps, and will not be as straightforward as it is in cases where the title has a single owner (even, for example, if that owner that has gone bankrupt holds as a tenant in common).

The packet received in the Title Processing System (TPS) should contain the following applications (in this order):

1. One "Application for Transfer (Part I: Surrender)" form.• This will surrender the title(s) in the name of the joint

tenants.• The authorization can be either the Assignment in

Bankruptcy, the Certificate of Appointment orReceiving Order.

2. One "Application for Transfer (Part II: Setup)" form used tosetup a tenant in common to the bankrupt former jointtenant.• The fractional ownership share in the parcel will

depend on the number of joint tenants involved in thesurrendered title (in the “normal” case of 2 jointtenants, the fractional share will be 1/2).

3. One "Application for Transfer (Part II: Setup)" form used tosetup a tenant in common to the other former joint tenant.• If there are more than two joint tenants on the title, the

Applicant should be setting up the remaining jointtenants on a single title, as to the remaining undividedinterest of those joint tenants (e.g. if originally 3 jointtenants, the title set up in the name of the bankruptshould be for a 1/3 fractional interest in the parcel; thetitle set up in the names of the remaining 2 joint tenantsshould be for a 2/3 fractional interest in the parcel).

4. One "Application for Transmission" form used to transmitthe bankrupt tenant in common title to the Trustee inBankruptcy.• The authorization can either be the Assignment,

Certificate of Appointment or Receiving Order.• In a situation where more than one of the joint tenants

has gone bankrupt, the Applicant should set upindividual tenant in common titles (as to the relevantfractional share) for each such bankrupt, then submitseparate Applications for Transmission of these titles tothe Trustee in Bankruptcy. For each such application,the Assignment in Bankruptcy, the Certificate ofAppointment, or Receiving Order as to the specifiedbankrupt must be included as the authorization insupport of the Application for Transmission.



You may complete the transfer(s) and transmission(s) in one packet provided that you follow the proper procedure.

NOTE Before submitting any packet which results in a title being 'transferred' twice in one packet as 'transferred' is defined in The Land Titles Act, 2000, you should notify the Land Registry at [email protected] with your packet number. The exception to this requirement is where the transaction is the transmission of a title of a deceased person to the personal representative accompanied by a transfer to a third party. In that circumstance a notification is not required.

You must notify the Land Registry before submitting any packet which results in a title being 'transferred' twice in one packet

NOTE With respect to completing the documentation, each of the titles being set up in relation to the surrender of the joint tenancy title should indicate the corresponding fractional share in the fair market value of the parcel. For example, in the normal situation of 2 joint tenants, if parcel value is $50,000, then each new title – one in the name of the bankrupt, the other in the name of the other former joint tenant – should have a value of $25,000.

On the Application(s) for Transmission, you must cross out"Title Number" and insert "Application Sequence Number"instead. For example, in a case where, after the surrenderof the joint tenancy title, the first title set up is in the nameof the bankrupt and the second in the name of the otherformer joint tenant, the 4th application will be theTransmission.The Title Number field appears near the top left handcorner of the form.• Cross out the words “Title Number” and insert the

words “Application Sequence Number”, then completethe field with the number “2.” This will tell us that youare transmitting to the Trustee in Bankruptcy the firsttenant in common title that has been set up (thesecond overall application in the packet).

• If more than one of the original joint tenants isbankrupt, the same process on any subsequentApplication for Transmission should be followed, withthe Application Sequence Number corresponding tothe number of the Application that set up the bankrupt’stenant in common title.

This process will result in the Trustee in Bankruptcy holding tenant in common titles to the property for each bankrupt. This will maximize flexibility for the Trustee. Should the Trustee wish to simultaneously transfer the titles at some point, this may be accomplished by surrendering both titles on the same Application, and setting up a single title as to the relevant fractional share in the parcel in the name of the new owner.


mailto:[email protected]


NOTE The terminology and concepts with regard to Surviving Joint Tenants and Transmission on Death and Bankruptcy have not changed in the new LAND System but if you require either type of transfer, each application requires its own form and authorization(s).

Bankruptcy Orders filed in the former General Record

Under the Old Paper-based System, an assignment in bankruptcy or a bankruptcy order could be filed in the General Record. It was then accessed on a General Record Search to prevent the bankrupt from dealing with a title without the consent of the trustee in bankruptcy.

On conversion into the new LAND System, those orders were applied to the titles as locks, reading:

In these situations, it is not always necessary for the trustee to transmit title to permit the title to be dealt with. We will accept an Application for Transfer (Single Title) or an Application for Transfer (Part I: Surrender & Part II: Setup) combo authorized by the registered owner if it is accompanied by the consent of the trustee in bankruptcy.

The consent of the trustee in bankruptcy must contain:

• The name of the trustee in bankruptcy and the fact that thisperson is trustee for the bankrupt, naming the bankrupt.

• A statement that the trustee consent to the transfer of title# from [name of owner] to [name of transferee].

• The normal execution of authorizations:− The signature of the trustee in bankruptcy. − A witness signature. And − Either an affidavit of execution OR the indication

that the witness is a lawyer in and for the province of Saskatchewan OR the signature and seal of the trustee in bankruptcy.

If you receive such a consent, the lock should be removed and the application processed, assuming everything else is correct.

If you have any questions or concerns with respect to this, please contact Deb Hedstrom at 787-0659 or Karen Banks at 787-5507.



LAND Tips Transfers – those about to transfer should always search and check to see if their parcels are tied. If they are tied, they must be dealt with together. Any errors in ties should be corrected before you try to transfer by contacting the ISC Customer Call Centre.

Set up of Alternates – The Dependent Adults Act allows for an interest to be registered prospectively in regards to land that will come into the name of the dependent adult. This should be set up as an interest. If land is being transferred into the name of a dependent adult, to ensure that there is no period of time during which the property guardian’s status is not accurately reflected on the title, the transfer and alternate set up applications should be included in the same packet.

Counting pages and applications – It is important to enter numbers correctly in the “packet sheet count” and the “application count” boxes on the Packet Cover page. This is also true for the “application sequence number” box on the Application forms. If you enter the numbers incorrectly, the packet will be rejected. The instruction sheets remind you how to enter these numbers correctly, but here is the information again:

As with most other forms, you must fill in the Application Sequence number field on the Application form. This tells the Land Titles Registry staff what order you want each of the forms in a packet to be entered into the system. Because a packet can deal with different applications to perform different transactions, you need to indicate the order of work for the whole packet.

On the Packet Cover page, the Packet Sheet Count is the number of sheets of paper in the entire packet, cover page included.

The Application Count is the number of applications contained within the packet.

How to set up a packet – the packet cover page comes first, followed by all applications with appropriate authorizations when required, title print request, if any, then Begin Attachment sheet and any attachments if any.

Can the customer send two packets in one envelope? – yes, but we will take them in the order they come out of the envelope, so don’t attach any conditions. We prefer one packet per envelope.




Stapling a packet – we prefer that you do not staple a packet. Be careful that the pages are in the right order when they go into the envelope, and we will be careful they remain in the same order when we take them out.

Where to get the date to put in “conditional registration” on forms – from the “as of” date on title picture in Quick Search on the website or by doing a title search using the Search function on the website.

Title Print – If a submitting party selects a delivery option other than “preferred method of delivery” on the title print request, they will not receive the title print by this alternative option unless they had originally selected it on their Client Application as one of their preferred methods of delivery.

On the Title Print request, if you select a third party to send the title print to, and if you identify that party by their client number, the title print will be sent via that client’s preferred method of delivery, for which the individual requesting the service will pay. Some methods cost more than others, and the client could have selected all methods, so the customer may end up paying for three delivery methods. So be careful, or you run the risk of paying more than you expected to pay for title prints.

NOTE Where an application affects one or more but not all the titles in an Interest Register and a title print is requested, a title print will be provided for all the titles and not just the one or few affected. If your intention is to only obtain a title print of the affected titles in a particular registration, it is recommended you wait until the packet has been registered and then conduct your own search of the titles and request title prints

Homestead Affidavits should be placed after a Begin Attachment Sheet that would accompany an Application for Transfer (Single Title) or an Application for Transfer (Part II: Setup). By doing an audit of the title, the customer can select the option to view the request that created the title. The customer is taken to the Packet Detail screen where they can then view the image of the application and/or the attachment, in this case the Homestead Affidavit.

Proof of compliance with The Homesteads Act – if you want us to keep your proof of compliance with the Act, you must send it as an attachment to a transfer. It must be sent at the same time as the transfer application – it cannot be added later. Remember to put the Begin Attachment page ahead of the attachment.

Tied parcel – if you see a “tied” parcel indicator this means that it came from the same paper title. Some of them will continue to be tied pursuant to subsection 134(9) of The Planning and Development Act.