isc: selected issues - law society of...

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ISC: SELECTED ISSUES

These materials were prepared byRandall Sandbeck, of Olive Waller Zinkhan &Waller law firn'l Regina,Saskatchewan for the Saskatchewan Legal Education Society Inc. seminar, Commercial Real Estate;March 2003.

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TABLE OF CONTENTS

PAGE

1. CONVERSION ISSUES 1a) Background , 1b) Indefeasibility of Title : 2c) First In - First Out 3

2. LOCKS AND TIES 5a) .General ............................................................................................................•....... 5b) Removal of Tie· Codes and Locks 6

3.: SASKATCHEWAN WRIT REGISTRy 6a):. General , · ;; ;, 6b) Registration ; 7c) Features ofAuto Attach 7d) Request Attach 9e) Discharges 9

i) General 9ii) Discharge from the Writ Registry 10iii) Discharge from the Land Registry ~ 10iv) Discharge from the Personal Property Registry 12v) Summary Discharge 12

4. CLIENT NUMBERS 13a) General 13b) Name Changes/ Amalgamations : 14

5. LEASES AND MISCELLANEOUS INTERESTS 156. TRANSFORMS : : : 16

a) General : 167. VESTING ORDERS : 178. ACKNOWLEGEMENT : 18

INFORMATION SERVICES CORPORATIONSELECTED ISSUES

1. CONVERSION ISSUES

a) Background

In establishing the Saskatchewan Land Registry and the Saskatchewan Writ

Registry, may policy decisions were made. Two ofthe most significant changes brought

about, were to create the Land Registry which contains information in relation to titles

and the interests registered against them, and to create the Writ Registry as the repository

for information concerning writs ofexecution and maintenance orders. An early policy

decision reflected in The Land Titles·Act, 2000, specified that a surface title may not

reference more than one surface parcel and that a mineral title must not reference more

than one mineral parcel. In addition, a mineral title must not reference more than one

mineral commodity. Upon conversionmany new titles were issued as a result of this

policy decision, and as a result of the policy decision that a separate title is to be issued to

each registered owner, except in the case ofownership as joint tenants.

Practical concerns about the number oftitles and procedural issues remain, but

many fee related concerns about the "multiplier effect" oftitles have been addressed.

Representations continue to be made to ISC about procedure issues. However, issues of

fundamental importance identified by lawyer related to how the legislation and

conversion affect the principle of indefeasibility oftitle.

Ofcourse, it must be remembered that conversion processes did not create all

current title difficulties. The process of conversion uncovered dormant title issues and

defects that would not otherwise have been discovered at this.time~ ·In a sense,

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conversion has brought these issues to the forefront, and by dealing with these issues the

integrity of the Land Titles System should be enhanced.

b) Indefeasibility of Title

Section 197 of The Land Titles Act. 2000 provides as follows:

"197(1) On the coming into force ofan order pursuant to section 191designating an area of Saskatchewan as an area to which this Act applies, aninstrument, other than a transfer, that was endorsed on a certificate of titlepursuant to the former Act and that was in existence on the day before the cominginto force of the order:

(a) is converted to and is deemed to be a registered interest;(b) where the instrument was registered against title and endorsed on a

certificate of title' on: the day before the coming into force ofthe'order, is deemed to,b~ registered against the converted title thatwas derived from the certifi'cate of title;

(c) where the instrument was registered against another instrument andendorsed on a certificate of title on the day before the coming intoforce of the order and where the other instrument is converted to aregisteredifiterest pursuant to this section, is deemed to beregistered against the supporting interest that was derived from theother instrument; and

(d) is to be dealt within'accordance with Part VIII of this Act.

(2) Where there is more, than one holder for a particular convertedinterest, the holders of the converted'interest are to be shown in the land

,titles registry as tenants incommon having an equal share in the interestunless the contrary was expressed in the endorsement on the certificate oftitle from which the interest was derived.';

The potential effect of this section,"in deeming" that an interestwas registered

even though it was missed on conversion, was that lawyers would have to search all pre

conversiontitles in order to give an opinionon the~tateofany title. While there was an

argument that this was not the intent of this section, a regulation ~as been passed which

clarifies that third party interests cannot be affected by this section. The regulation, being

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part of Section 4 ofthe Land Titles Conversion Facilitation Amendment Regulations,

2003, is as follows:

6(2) For the purposes ofclauses 197(1)(b) and (c) of the Act, an instrument isdeemed to be registered against a converted titie orconvertedinterest only if:

(a) after the title or supporting interest haS been converted pursuant tothe Act, an interest representing the instrument appears as aregistered interest against the title or supporting registered interest;or

(b) in accordance with section 97 of the Act, the Registrar, so as ispracticable without prejudiCing rights obtained in·good faith forvalue, has made a correction t() reinstate th~ instrument as aregistered interest,against a title or supporting registered interest."

This regulation nowprovides some comfort for lawyers that the principle of

indefeasibility of title applies to the title, as searched, not requiring a search ofthe pre

conversiontitle to determine whether there are any potential "deemed" interests. The

regulation appears to clarify that any third party claiming of right obtained in good faith

for value would have access to the assurance fund. This is an extremely positive step for

the Land Registry.

c) First In - First Out

Generally speaking, one ofthe featllres ofa Torrens System, basedon

indefeasibility of title, is that documents .submitted for registration will be processed as

received. While this "first-in, first-out" principle was not enshrined in legislation, it was

generally viewed as beillg an important part of our Land Titles system. On an equitable

analysis, the fairness ofthe "first-in, first-out" principle seems readily apparent.

However, following conversion, the Land Registry has not operated by the "first-in, first-. .

out" principle. Priority is established by time of registration, not time of submission..

Work submitted to the Land Registry is not necessarily processed and registered based on

submission time. Depending upon the packet ofwork submitted, a packet could be

submitted and registered in priority to work that had previously been submitted. In

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addition, a supervisor's queue has been operating that takes certain, more complex work,

and removes it from the general queue. The registration delay for these packets of work

can be significantly longer than for the general queue.

It must be noted that there was a certain amount of randomness in the old Land

Titles system prior to conversion.. In the "old world" a general practice existed in the

Land Titles Office that mail would be processed first, arid then documents received over

the counter. This did involve an arbitrary application ofpriority, that was not truly based

upon first-in first-out. .

Information Services Corporation ("ISC") has acknowledged that some greater

priority could be given to moving closer to the first-in, first-out principle. It may be

extremely difficult to change the entire system to have priority given by time of

submission, but in mostcases the general queuewill not have a significantdelay in

processing work for a packet. As a practition~r. I.am not as concerned if a pjece ofwork

unrelated to my transaction, is processed prior to my transaction. My concern is that a

packet ofwork submitted after mine that relates to titles I intend to affect,could

somehow be processed and completed before: my work.

ISC has responded to requests from solicitors and the Law Society Liason

Company to establish a procedure to "lock" titl~s that are escalated to the supervisor's

queue in order to prevent a packet in the regular queue from affecting the same titles that

are intended to affected by registration ofthe packet directed to the supervisor's queue.

ISC has also indicated that when work is now removed from the general queue, steps will

be taken to make certain that all work subsequently submitted that could effect the same

titles or parcels, is referred to the supervisor's queue. .ISC has also advised that it is

working to reduce the number of items that need to be escalated to the supervisor's

queue. J understand the supervisor's queue: is mostly made up oftransactions relating to

condominiums, churches, and various publicinstitutions su.clJ. as school boards, health

districts and municipalities.

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I believe that this adaptation of system, by locking titles escalated to the

supervisor's queue, will help to preserve the integrity of the Land Registry even if

conflicts rarely arise.

2. LOCKS AND TIES

a)· General

On conversion of the old world titles to the Land Registry there were occasions

when "Registrar's Locks", "Registrar's Notices" and "Tie Codes" were created. A brief

description of these messages is as follows:

i) Registrar's Locks and Registrar's Notices - under the provisions of The

Land Titles Act, 2000, the Registrar ofTitles is authorized to "lock" a title

which prevents any further registrations in relation to that title, be ita

transfer or a registration of any interest. Most commonly a Registrar's

Lock will be applied when the old world title contained a complex legal

description including metes and bounds descriptions, or the old world title

contained a number of exceptions. Registrar's Locks are also applied

when errors are found on title. During conversion, ISC discovered many

latent errors that·existed on the previous titles. Registrar's Locks are used

to prevent dealings until the Land Registry can correct the error, similar to

Registrar's Caveats that were used for the same purpose in the "old

world". Until such time as the Land Registry isconfident that all titles

have been converted correctly, a Registrar's Lock is quite commonly

applied. Once the Land Registry staffhave identified whetheror not the

titles are ~orrect, a Registrar's Notice will appear, which will explain why

the lock was applied and then removed. According to the provisions of

The Land Titles Act, 2000, the Registrar's Notice will remain active on

) titles for 30 days, then automatically be removed from the title.

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ii) Tie Codes - as part of the conversion process policy decision was made

such that when several lots or quarter sections were contained on a single

paper certificate of title, and the single paper certificate of title included an

exception, or metes and bounds description, all parcels created from the

former certificate oftitle were tied together on conversion~ This process

was put in place to ensure compliance with Section 134 ofThe Planning

and Development Act. Exceptions or metes and bounds de~criptions were

meant to always remain with the other lands contained in apaper

certificate oftitle, and the decision was made to simply tie all of the new

titlescreated. This process resulted in parcels being tied together that

were not required to be tied pursuant to The Planning and Development

Act. This occurred most often in the first Land Titles Districts to be

converted as the policy was subsequently changed.

b) Removal of Tie Codes and Locks

In some circumstances a tie code or. lock9aJ? be. r~~oved quite simply~ My .

practice is to contact the Registrar of Title~with myinquiry l:iS to whether the lock or tie

code can be removed. The process for removal used to take a significant amount of time,, . .

but I have found that the time for having an answer in relation to the request for removal

is significantly reduced, and in those cases. where the tie.code can be removed it generally

is accomplished within a few days..

3. SASKATCHEWAN WRIT REGISTRY

aJ General

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Effective June 25, 2001, the Saskatchewan Writ Registry became operative and

replaced the General Records maintained at the various Land Titles Offices across the

province. On that date all existing writs of execution and maintenance orders registered

in General Records in any Land Titles Office in the province were transferred to the Writ

Registry.

Under the previous system a writ ofexecution could only affect land of the debtor

in the Land Registration District in which it was registered. With the Writ Registry, writs

apd maintenance orders now need only be registered in one place 'and are effective

throughout the entire province.

b) Registration

On June 25, 2001. for writs and maintenance orders, the various Gen~ral Records

at Land.Titles Offices across the province were replaced by the Saskatchewan Writ

Registry. On that date all exi~ting writs ofexecution and maintenance orders registered

in General Records in any Land Titles Office or at the personal Property registry were

transferred to the Writ Registry. Effective June 25,2001 new writs are registered in the

Saskatchewan Writ Registry by registration at the Personal PropertyRegistry. It is not

necessary to include a copy of the writofexecution or maintenance order at the time of

registration. Once the writ or maintenance order is registered at the Personal Property

Registry, it will be automatically copied to the Saskatchewan Writ Registry on a regular

basis. The Writ Registry has the advantage ofbeing a province wide registry.

c) Features ofAuto Attach

Under the old Land Titles system, when a title was dealt with the Land Titles

worker would search the General Record (or writs and other interests. We generally had

some comfort that if a writ of execution was regist~red against a name which was

reasonably close tothe name on the title being dealt withthat the writ of execution would

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be noted. For example, a writ against Gary Jones would attach to a title owned and

transferred by Gary John Jones. Under the new Land system, this is not the case.

Under the Land s~stem, at the time a title is converted to the new system, writs in

the Writ Registry will "auto-attach" to the title in the Land Registry where there is an

exact character for character match between the name on the title ,and the debtor's name

on the writ. '.The ,writ will not attach where the names are not identical.For example a

writ registered against Gary Jones will not attach to a converted title for land owned by

Garry Jones. Similarly a writ registered against Gary John Jones, or Gary J. Jones \Vill not

attach to land owned by Gary Jones.

This auto-attach feature also applies when a title is subsequently transferred to or

issued in the name ofthe debtor and where an interest is subsequently registered in the

name of the debtor, provided there is an exact character for character match between the

name in the writ and the name on the new title or interest. For example where the debtor

named in the writ purchases land, the writ will auto-attach to the newly acquired land

provided the name on the new title is an exact match with the name of the debtor as it

appears in the writ

Note the auto-attach feature only applies at the time an,existing title is converted

or where an interest in land is acquired by the debtor in ~he identical name as it appears in

the writ. A new writ ofexecution will not auto-attach to land already registered in the

identical name ofthe debtor. In addition, the auto-attach feature does not apply where

land is sold by an execution debtor, even if the names are identical. There is a real risk

the execution debtor can transfer land without regard to a writ of execution that would

have formerly attached. To a great extent these concerns can be alleviated using the

request attach function.

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d) Request Attach

With the Saskatchewan Writ Registry judgment creditors have the option to

request attachment of a writ to any title or interest in land inthe Land Registry, which is

believed fobe owned by the debtor. Provided title to land has been converted under the

new Land system,a Land Registry name search of the debtor will reveal any land owned

under that name. Use of wildcard searches can expandthe search results (Le. to search

for land owned by Gary or Garry Jones we might search "Jones, Gar%"). From the name

search results, you can attempt to determine which land is owned by the particular debtor

and thereafter request the writ be attached to that land. There is no requirement that there

be an exact name match in order to request attachment in this manner. The registration

fee is currently $40.00 per parcel to which the writ is requested to attach.

It should be noted that name searches reveal only land for which title has been

converted under the Land Registry. However, conversion is now reported to be

complete. Using a wildcard search should,reveal all land, which is registered in the

debtor's name.

Following registration of a writ in the Land Registry a notice is sent to the title

owner or interest holder as the case may be. Title owner or interest holders who dispute

the registration of the writ on their land or interest can make use of the summary

discharge procedure described below.

e) Discharges

i) General

The type ofdischarge you will use will depend upon where and when the writ was

) registered and the extent of the discharge intended. It should be noted that The Land

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Titles Act, 2000 requires that an interest be discharged by the interest holder not later

than 30 days after the obligation in which the interest is based has been perfonned or the

interest has ceased to exist by operation oflaw. As such, when the judgmentupon which

a writ ofexecution is based has been paid, you should attend to discharging the writ from

the Writ Registry. If the writ is totally discharged in this manner, it will be deleted from

any titles it has been registered against.

Provincial judgments and writs ofexecution last for ten years and will expire at

the end often years unless renewed by Court application prior to the expiry date. Federal

writs expire after six years. Under The Land Titles Act, 2000, the Registrar is required to

discharge a registration of an interest on the expiry ofthat registration. At the ten year

expiry date of the provincial writ (six years for a federal writ), it will automatically be

removed from the Writ Registry and the Land Registry without any action on behalfof

the creditor, unless the creditor has caused the writ and the registration to be renewed

prior to the expiry date.· The creditor will not receive any advance notice of this

automatic·discharge.

. ii) Discharge from the Writ Registry

As indicated, writs of execution are registered in the Writ Registry by the filing of

a Financing Statement in the Personal Property Registry. Similarly, to dis~harge a writ

from the.Writ Registry, use the Personal Pr<;lperty Registry fonns.

iii) Discharge from the Land Registry .

(1) . Partial Discharge"·

A partial discharge refers to where a writ has been registeredagaiIist multiple

titles or interests in the Land Registry and is to·be discharged with respect to only one or

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some of them. This is accomplished using the usual Packet Cover Page, along with an

Application for Interest Discharge and an Interest Authorization Form. The Application

for Interest Discharge will specify those titles or interests from which the writ is to be

discharged. The Authorization must.be signed by all· interest holders, if there is more

than one.

In very rare cases a partial discharge ofwrit may have been recorded on the

General Registry, and then on conversion been re-applied to the title. There is a specific

procedure in place for this situation with a required affidavit. The procedure for delaing

with this situation is as follows:

Process:

(a) Applicant completes Application for Interest Discharge.

(b) As authorization to disc.harge the interest, applicant completes an ..

affidavit: Attaching a ~opyofthe writ detail page from a search of

the Saskatchewan Writ Registry,. which identifies the writ registry

number and shows the partial discharge as to land

Swearing that the writ identified by writ registry # was discharged

pursuant to section 181(2) ofThe Land Titles Act by instrument # on

(date) as to (legal description of affected parcel).

Swearing that the title for this parce1.is title # and that the parcel is

parcel #.

Swearing that the writ has attached to title # as interest #.

Requesting discharge ofthe writ from the title.

(c) Notes:

1) The affidavit can be. sworn by,anyone whoisaw~e of the. facts.

2) Ifthe affected parcel has been transfonned and is no longer

associated withthe legatdescIjption shoWll on the writ detail page,

additional information is required in the affidavi~stating the facts.

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(2) Total Discharge

Total discharge refers to the removal ofthe writ ofexecution from all titles and

interests in the Land Registry to which it has been registered. Again, this is also

accomplished using the Personal Property Registry forms to entirely discharge the Writ.

Once the Writ is totally discharged, it is removed from all titles and interest in the Land

Registry to which it has been registered.

(3) Discharge of Interest ~ Request Attach

Where the writ of execution has been specifically attached to a title or interest by

use of the request attach function, it is necessary to discharge the interest registered using

the usual packet cover page, along with an application for interest discharge and an

interest authorization form, duly signed.

iv) Discharge from the Personal Property Registry

Forwrits of execution registered in the "old world'~, it may be necessary to submit

tn,ultiple discharges through the Personal Property Registry. It was quite common in the

"old world" for execution creditors to arrange to register the writ of execution in the

Personal Property Registry, and then on the General Record of one or moreLand Titles

Offices. When the General Record was converted, the same writ of execution now

appears twice, or more, in the Personal Properly Registry~ Therefore, multiple discharges

in the Personal Property Registry may be required.

v) Summary·Discharge

Given the auto-attach and request attach features for writs as described above, it is

likely that there will be writs registered against the interest of someone with same name

who is not in fact the judgment d~btor. Upon registration ofa writ in the Land Registry,

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the Registry will generate and send a notice ofthe interest registration to the title owner

or interest holder affected. If such notice is received and the title or interest holder is not

the judgment debtor, a summary discharge procedure has been established to allow for

discharge of the writ from the subjecttitle or interest·

The summary discharge process is similar to the process under the old world

system, which required the swearing, and filing ofan Affidavit of Identity attesting to the

fact that the person waspot the judgment debtor. The Land Titles Act, 2000 allows for

the Registrar to discharge a registration from the Land Registry where the person making

the application satisfies the Registrar that he or she is not the judgment debtor. This is

done by filing a Packet with the usual Packet Cover page, an Application for Interest

Discharge form, together with the appropriate affidavit. ISC has produced sample

affidavits of identity for summary discharge, one ofwhich affidavits is appropriate for

use in situations where it appears the Writ ofExecution willauto attach to a wrong title

or interest. A separate form ofaffidavit is used to discharge when the writ has already

been registered against specific titles.

Sample affidavits are attached as Schedule 1.

4. CLIENT NUMBERS

a) General

Unfortunately, ISC chose to use the word "client" in several different ways.

These ways as they relate to client numbers are summarized as follows:

1. "Client" as a means to access information - our law firm will be a "client"

of ISC in this context in that we have a client number which identifies us

when we deal with ISC to obtain information, or submit an application;

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ii. "Client" as a means to own land - this may be created as an "other" which

is created internally by a Land Registry worker if no other client number

has been presented, or it may be referenced as a "convenience" number

which was assigned to the land, or interest in land, on conversion.

111. Non person entities holding land, client related COBRA (Corporations

Branch) numbers - non person entities have the capacity to hold title to

land, but there is now enforcement ofthe legislative provisions which

provide that owning land is considered to be "carrying on business" in

Saskatchewan, requiring current registration.with Corporations Branch.

Accordingly, in order to deal with non person entities owning land the

client related COBRA number issued by Corporations Branch and

associated with the corporation must be identified. This number must be

obtained from ISC. This can .create some difficulty in some cases and may

require further steps through name changes or amalgamations.·

b) Name ChangeslAmalgamations

On conversion, there were a proliferation of convenience client numbers created.

Some numbers were created because of errors, but also because the Land Registry

workers would only match client numbers where there was a character for character,

space for space, match with the identification they had. Further confusion occurs because

of the absence ofinformation in relation to name changes and amalgamations that was

formerly stored on the General Record. There are two manners in which to deal with

name changes and ainalgamations:

1. The first is to submit the complete Arti~les of Amalgamation or Artides of

Amendinent as part of the authorization documents every time a

registration is submitted to ISC. This can result in excessive paper work.

ii. The second option is for each institution to amalgamate client numbers.

There is a client amalgamation form which can be used to reduce the

number of client numbers. An affidavit is required to verify the client

numbers refer to the same client

ISC has identified that they are working towards a structured approach for clients

who have a significant number of convenience client numbers registered on conversion.

They will be contacting certain oftheir clients to arrange for client number

amalgamations, although the time frame for this is uncertain. The process will start with

a custom search to identify all numbers for the particular client,·including different names

which may apply to the client All numbers will then be connected to the current client

name, and then the amalgamationprocess can begin.

In dealing with names changes and amalgamations we do not deal with the Land

Registry or the Writ Registry. In these circumstances we are dealing with the Business

Centre, being the branch ofInformation Services Corporation that deals with client

information, including client application and amending client information. It can be

reached· at [email protected].

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Sample forms for amalgamatingdient numbers andfo! dealing with corporate

amalgamations are attached and marked as Schedule 2.

5. LEASES AND MISCELLANEOUS INTERESTS

In this section I simply note that leases are a type of interest that is not subject to

lapse, unlike miscellaneous interests. A lease can be registered with an expiry date,

which will cause it to be automatically discharged from title once the expiry.date is

achieved. However, in practice, the concern is that·~egistrations are not being undertaken

in this fashion. Therefore, I have noticed a practice in some leases that landlords are. . .

prohibiting registration of the lease, as a lease. This is, of course, because ofthe concern

that the interest will not be subject to lapse and the only manner in which it can

subsequently be removed is by way of court order.

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There has been some discussion with representatives of ISC dealing with possible

solutions to this problem. One of the solutions is that leases should be subject to the

lapse procedure•.

Another issue that has been raised with respect to leases or other interests, is

whether ali interest based on theinterest c~ be registered against a title, ifthe interest

itselfhas not been registered. The simplest example would bea mortgage of a leasehold

interest. Ifthe lease is not reflected on the'title, is it possible for the mortgage of the .

lease to be reflect on title. Again, this is a difficult issue. The simplest answer would

appear to allow someone claiming to have an interest in relation to an interest, to register

it on the title, whether or not the interest has been registered. However, this may create

some difficulty for the owner ofthe title, in that there could be additional difficulties for

the owner to establish that the registered interest does not affect the owner's interest.

To date, no specific solution to the~e ~oproblems hasbeen identified and agreed

upon.. There has been significant discussion and a proposal adv~ced, that leases should

be lapsable. ISC is considering this proposal.

6. TRANSFORMS

a) General

The Land Registry is responsible for maintaining titles,but plan processing is the

office that examines and approves plans of survey, and is updatingthe layers of survey

map for the province. The former chief surveyor is now referred to as the Controller of

Surveys, and the Chief Surveyor's Office is referred to as Plan Processing.

In my practice I find that I am o~en dealing with a registered landsurveyor to

assist inthe required process for, navigating the plan processing jungle. Any subdivision

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or consolidation is a "Transform" which affects parcels. I generally become involved

once the Transform Approval Certificate has been issued. At this point intime, the

surveyor is generally more than willing to allow the lawyer to take the next step of taking

the step of subdividing, or consolidating, and "raising" titles with the Land Registry.

Sections from the training manual describe the process, and the simplest example

is attached as Schedule3. The following are practical issues you will have to address:

i) The process involves surrendering all parcels, and creating new parcels

and titles. As such, all parties are required to consent to the entire

transform. However, if you have a client that is not prepared to consent to

the entire transform, there are specific arrangements that have been made

at ISC. In some cases the consent to transform can be particularized.

ii) Don't forget about the mortgagee - a consent of every mortgagee for the

effected parcels, is required,

iii) Don't ignore auto-attach - if you propose to set up a title, you must verify.' .

that no writ will auto-attach. Don't forget that the writ may not show up

on an existing title, but it will show up on a title for the same owner as the

process of filing and registerin~ the Transform will allow the auto-attach

ofa writ by virtue of the surrender and setup that has occurred.

iv) Manage your client numbers. Make certain the client numbers relate to

the COBRA number, and take steps to do so.

A sample Transform Packet is attached as Schedule 4.

7. VESTING ORDERS

For those ofyou who have sought the legislative support for the court to grant a

vesting order, it is anticipated that an amendment to The Land Titles Act, 2000 will be

presented to specifically provided that a judge can inakean order vesting a title, and

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specifying any manner in which the title is to be vested. This amendment will· fill the

legislative vacuum.

8. ACKNOWLEGEMENT

. . . . .- ". . .'

Thank you to Catherine Benning, Acting Registrar of Titles, for her kind review

of the paper. Statements of opinion, and any errors contained in this paper, remain the

responsibility ofthe presenter.

Schedule 1 - 5 pages

Informationservices~e!e,C?!.~!!on

Affidavit of Identity forSummary Discharge

I. -:-:- -~-~~~__:_:-~---- make oath and say that:Name (First, Second, Third and Last)

1. I am the registered owner of Title Number

OR

I am the registered holder of Interest Register Number

________ or Share Number _

or Interest Number

2. A writ of execution or maintenance order has been registered as Interest Number against

the above. in the name of _

Debtor Name (First, Second, Third and Last)• whose name is similar to my name.

Location

3. I am not the debtor named in the writ of execution or the respondent named in the maintenance order.

Sworn before me at on _Date (DD/MM/YYYY)

Signature

A Commissioner for Oaths in and for SaskatchewanlNotary Public OR Other person authorized to take Oaths

(specify)

My commission/appointment expiresOR Being a Solicitor

ISC-LTR-AOIOOO1-2001 0522

Date (DD/MM/YYYY)


Instruction SheetPage 1 of1

This Instruction Sheet provides information about the completion of Affidavit of Identityfor Summary Discharge form. If you have additional questions, please call 1-866-2754721, or email [email protected].

Use the Affidavit of Identity for Summary Discharge to authorize the discharge of a writ ormaintenance order, which has been registered against the wrong title or interest. Regulationsfor the discharge of writs or maintenance orders can be found under sections 175 and 181 ofthe Land Titles Act, 2000. This form must accompany the Application for Interest Discharge

Completing the Application for Affidavit of Identity...

Enter the full name of the person applying for discharge of a writ or maintenance order.

1. Enter one of the relevant Title Number or the Interest Register Number or the InterestNumber or the Share Number.

2. Enter the Interest Number of the writ of execution or maintenance order, which has beenregistered against the above number.Enter the full name of the debtor (the person referred to in the writ or maintenance order):

3. This indicates that the person named at thetop of the form has been incorrectly associatedwith the writ or maintenance order.

Enter the place and province/state on the Location, followed by the Date. This indicates thelocation and time of this affidavit.

Have A Commissioner for Oaths in and for Saskatchewan/ Notary Public sign on the line.

If the officer is not a Commissioner for Oaths or Notary Public, he/she must specify Otherperson authorized to take Oaths. Rules for designating this authority can be found in the LandTitles Regulations 2001, available from The Queen's Printer, 1st floor, 1871 Smith Street,Regina, SK S4P 3V7; 306-787-6894. .Enter commission/appointment expiry date of the Commissioner/Notary Public.

The person named at the top of the form must sign on the Signature line.

Send completed Affidavit of Identity for Summary Discharge together with Application forInterestDischarge and attachments, if any, with the Begin Attachment Sheet; and theLand Registry Packet Cover Page, to:

By email: [email protected]

By fax: 306-798-1525OR

By mail: ISC e-Business Services Centre, 1301-1st Avenue, Regina, SK S4P 3V7

ISC-LTR-AOI0501-2004 01 05

InformationServices~£!F!!?!.'!!!on


- Form 2 - Auto-attach

1, make oath and say that:Name (First, Second, Third and Last)

1. I will be the registered owner of a title to Parcel Number upon

registration of a transfer included in this packet as Application Sequence Number _. '

OR

I will be the registered holder of an interest share, Interest Type _

upon registration of an interest included in this packet as Application Sequence Number_~ .

2. ' . A writ of execution or maintenance order has been registered in the Saskatchewan Writ Registry as

Writ Registry Number , in the name of

----------------- , whose name is the same as my name.Debtor Name (First, Second, Third and Last)

3. This writ or maintenance order will automatically attach to my title or interest upon registration of the

application listed above.

4. I am not the debtor named in the writ of execution or the respondent named in the maintenance order.

Sworn before me at on -- _Location Date (DD/MMNYYY)

Signature

A Commissioner for Oaths in and for Saskatchewan/Notary Public OR Other person authorized to take Oaths --------;----::;-:------

(specify)

My commission/appointment expires--~------OR Being a Solicitor Date (DD/MMlYYYY)

ISC-LTR-AOIOO02-2002 01 09

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Informationservices<i~!e!?!,,!!!on

Affidavit of Identity for.Summary Discharge

- Form 2 - Auto-attachInstruction Sheet

Page 1 of2

This Instruction Sheet provides information about the completion of Affidavit of Identityfor Summary Discharge - Form 2 - Auto-attach for the Land Registry of InformationServic·es Corporation of Saskatchewan. Questions should be directed by email [email protected] or toll free 1-866-ASK-ISC1 (1-866-275-4721).

Use the Affidavit of Identity for Summary Discharge - Form 2 - Auto-attach to authorize thedischarge of a writ or maintenance order, which has attached to a wrong title or interest.Legislation for the discharge of writs or maintenance orders can be found under sections 175and 181 of the Land Titles Act, 2000. This form mustaccompany the Application for InterestDischarge

Completing the Application for Affidavit of Identity for Summary Discharge...

Enter the full name of the person applying for discharge of a writ or maintenance order.

1. Enter one of the Parcel Number and Application Sequence Number of the applicationtransferring the title, OR the Interest Type, and Application Sequence Number of theapplication registering or assigning the interest to which the writ or maintenance order willattach.

2. Enter the Saskatchewan Writ Registry Number of the writ of execution or maintenanceorder. Enter the full name of the debtor (the person referred to in the writ or maintenanceorder).

Enter the place and province/state on the Location, followed by the Date. This indicates thelocation and time of this affidavit.

Have a Commissioner for Oaths in and for Saskatchewan/ Notary Public sign on the line.

If the officer is not a Commissioner for Oaths or Notary Public, he/she must specify Otherperson authorized to take Oaths. Rules for designating this authority can be found in the LandTitles Regulations 2001, available from The Queen's Printer, 1st floor, 1871 Smith Street,Regina, SK S4P 3V7; 306-787-6894.

Enter commission/appointment expiry date of the Commissioner/Notary Public.

The person named at the top of the form must sign c:>n the Signature line.

ISC-LTR-AOI0502-2002 01 09

---- ._--------------


- Form 2 - Auto-attachInstruction Sheet

Page 20f2

~~

Send completed Affidavit of Identity for Summary Discharge together with Application forInterest Discharge and attachments, if any, with the Begin Attachment Sheet; and theLand Registry Packet Cover Page to:

By email: [email protected]

OR

By fax: 306-798-1525

OR

By mail: ISC e-Business Services Centre, 1301 _1 st Avenue, Regina, SK S4P 3V7

ISe-LTR-AOI0502-2002 01 09

ISC - Client & Account Management Fonus


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InformationServices~f?rf?f?!.~!!on

Client Number Amalgamation **+

Complete Section A and B

Note: Use Client Application or Change of Name fonn to amend Client Infonnation.Do NOT include in Packet.

Section A - Client Infonnatlon

Corporations Branch EntityNumber (if applicable)

I**complete

Client Number

1** complete

Corporation Name OR Client Name (First, Second, Third and Last)

I 1** complete

Section B - Client(s) being Amalgamated to Client in Section A

Client Number(s) Corporation Name OR Client Name (First, Second. Third and Last)

Affidavit of Identity

1, of -:---.- _Name Location

make oath and say that:

1. I am the client identified in Section A above.ORI am an officer of

Corporation Nameidentified in Section A above.

2. Each of the clients identified in Section B above is the same as the client identified in Section A above.

3. I make this affidavit for the purpose of amalgamating the clients in Section B to the client in Section A.

Sworn before me at on __........... _Location Date (DDIMMNYYY)

A Commissioner for Oaths in and for Saskatchewan/ SignatureNotary Public OR Other person authorized to take Oaths

My commission/appointment expiresOR Being a Solicitor Date (DDIMMNYYY)

(specify)

Send to Information Services Corporation of Saskatchewan at: E-mail: [email protected] OR Fax: (306) 798-1399

ISC-EBS-CAMOO01-2002 10 08 OR e-Business Service Centre, 1301 1st Avenue, Regina, SK S4P 3V7

Client Number AmalgamationInstruction Sheet

Page 1 0'2

)

This Instruction Sheet provides information about the completion of the Client NumberAmalgamation form. If you have further questions, please call us at 1-866-275-4721, oremail [email protected].

Use the Client Number Amalgamation form when you wish to amalgamate several clients to berepresented in the Land Registry by one existing client number. If client information for any ofthe clients involved in the amalgamation needs amending, you must first complete a Client ***Application. When in effect, the amalgamation will not cancel the client numbers that have beenamalgamated, rather, the name and address associated with the client number in Section A ofthe form will prevail for all Land Registry transactions and services, until otherwise instructed.

Completing the Client Number Amalgamation form...

SECTION A - CLIENT INFORMATION

This section must be completed by the client under whom, those identified in Section B, will beamalgamated.

Enter your Corporations Branch Entity Number, if applicable.

Enter the Client Number and the Corporation Name OR Client Name. Make sure the namecorresponds with the client number; if the name and number do not match"those in thedatabase, the application will be rejected.

SECTION B - CLIENT NUMBER(Sl BEING AMALGAMATED TO CLIENT IN SECTION A

Enter the Client Number and the Corporation Name OR Client Name. Make sure the namecorresponds with the client number; if the name and number do not match those in thedatabase, the application will be rejected.

AFFIDAVIT OF IDENTITY

The client in Section A above must enter his/her name on the Name line and the place nameand province or state on the Location line.

The above named must make an oath saying that he/she is the client or an authorized signingofficer for the corporation (i.) in Section A above, and has read and understood the statementsbeside numbers 2. and 3.

ISC-EBS-CAM0501-2004 01 05

Informationservices~~on

Client Number AmalgamationInstruction Sheet.

Page 20f2

Enter the place and province/state on the Location line, followed by the Date. This indicates thelocation and time of this affidavit.

The above named must sign on the Signature line.

Have A Commissioner for Oaths in and for Saskatchewan/ Notary Public sign on the line.

If the officer is not a Commissioner for Oaths or Notary Public, he/she must specify Otherperson authorized to take Oaths. Rules for designating this authority can be found in the LandTitles Regulations 2001, available from The Queen's Printer, 1st floor, 1871 Smith Street,Regina, SK S4P 3V7; 306-787-6894.

Enter commission/appointment expiry date of the Commissioner/Notary Public.

Note: If the witness wishes to affinn, or the affidavit is sworn outside Saskatchewan,make the appropriate changes to the fonn.

Send completed Client Number Amalgamation fonn to:

By E-mail: [email protected]

By Fax: 306-798-1399OR

By mail: e-Business Services Centre, 1301-15t Avenue, Regina, SK S4P 3V7

ISC-EBS-CAM0501-2004 0105

InformationServices~£~e,c;!.g!!on

Change of Name(The Land Titles Act, 2000)

Please make sure Affidavit under Section 80, 81, 84 or 85 of The Land Titles Regulations, 2001 is attached.

Reason for Change of Name

D Correction of Name

D Other (specify)

1

D Legal Name Change D Marriage D Divorce D Court Order

Existing Client Information

Client Number

1__---'

Last Name

1 -

First Name1,--- 1OR

Second Name Third NameI"----__II~----

Firm or Other Name

,eneration: (If applicable)

o Senior 0 Junior D Elder 0 Younger 0 Other (specify):INew Client Information (enter changes only)

Last Name

I ----l

First Name·

I_--:-- ---JIOR

Second Name Third Name

I__----JII~~---

Firm or Other Name

Optional Information

Generation: (If applicable)

D Senior 0 Junior 0 Elder 0 Younger 0 Other (specify): 1 _

Signature

Send to Information Services Corporation of Saskatchewan at: E-mail: [email protected] OR Fax: (306) 798-1399

1C-LTR-CON0001-2001 06 23 OR e-Business Service Centre, 1301 1st Avenue, Regina, SK S4P 3V7

CANADAPROVINCE OF SASKATCHEWANTO WIT:

AFFIDAVIT OF IDENTITY

I, " of the City of Regina, in the Province ofSaskatchewan, MAKE OATH AND SAY:

1. THAT I am President of Holdings Ltd. (ISC Client #100137631), formerly_--:-__ Investments Ltd. (ISC Client #102549427) and as such have a personalknowledge of the matters and facts herein deposed to.

2. THAT the Corporation was amalgamated with Investments Ltd. by Articles ofAmalgamation filed at the Corporations Branch on December 31, 1999 and attached heretois a copy of the Certificate of Amalgamation and Articles of Amalgamation of _Holdings Ltd. .

3. THAT the correct corporate name is Holdings Ltd. ISC Client # 100137631.

4. .THAT this Affidavit is made for the purpose of inducing the Registrar, of the SaskatchewanLand Registry to amend the titles issued in the name of Investments Ltd.ISC Client #102549427 to Holdings Ltd., ISC Client # 100137631.

SWORN before me at the City of )Saskatoon, in the Province of )Saskatchewan, this __ day of )July, A.D. 2002. )

))

---------------)A COMMISSIONER FOR OATHSin and for the Province of Saskatchewan.Being a Solicitor

II SaskatchewanJusticeCorporationsBranch

Form 10

Corporation Number

Given under my hand and seal

"-.....

)

Certificate ofAmalgamationThe Business Corporations Act

I hereby certify that

HOLDINGS LTD.

results this day from an amalgamation, under section 179 of the Act, of thefollowing corporations:

HOLDINGS LTD.~ANORS INVESTMENTS LTD. .

this 31st

of pecember

day

'-

Affidavit to Correct Corporate Name

(For Interest Registrations Only)

I, , of in the Province of

__________, make oath and say that:

1. I am the (state capacity ofdeponent - president, signing officer,etc.) for (corporate entity) • and am authorized to <swear> < affirm> this affidavit on behalf of (corporate entity).

2. Packet # --:-- ~ was submitted to the Land Registry to register anInterest in the name of (name of incorrect entity).

3. The application referenced in Paragraph 2 was prepared in error as____--:-__ (incorrect entity) has never existed as a registeredcorporate entity or business name in Saskatchewan.

4. The correct name that should appear on the Interest Registration is_______, and not ---'- _

5. (corporate entity) is currently registeredat Corporations Branch at Saskatchewan Justice.

6. I make this affidavit to have the corporate name corrected for the aboveregistration in the Land Titles Registry or Abstract Directory.

Sworn before meat , )in the Province of , )this __ day of , 20_.)

....,......."--.....,--,,..--:::--:-~--)A Commissioner for Oaths or Notary )Public or other person )(specify) authorized to take oaths in )and for the Province of Saskatchewan.)My commission/appointment expires )---:--:-_-:::--::-:':""__ (dd/mm/yy). )or being a Solicitor )

Sample Affidavit 2003 09 23

Signature

ISC of Saskatchewan


Transforms Manual

TransformsManual

This manual was printed from the ISC website(www.isc-online.ca).

Reprinted with permission of ISC.

DISCLAIMER

The materials in this training manual are for demonstration purposes only. The forms are subject to change at any timewithout notice. Use ofoutdatedforms may result in transactions being rejected or delayed. Always look to the web siteforthe most recent versions oftheforms. Information Services Corporation ofSaskatchewan will not be responsiblefor lossresulting from the use ofoutdatedforms. The characters and events depicted in this manual arefictional. Any similarity toreal events or persons (whether living or deceased) is unintentional.

© Copyright 2003, Information Services Corporation (ISC) of Saskatchewan. 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 oflnformation Services Corporation (ISC) ofSaskatchewan.

While every reasonable precaution has been taken in the preparation of this manual, the author and publishers assume noresponsibility 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 ofany kind, either express or implied.Neither the author nor the publishers shall be liable for any indirect, special, incidental, or consequential damages arisingout ofthe use or inability to use the contents of this book whether the publisher has been advised of the use ofthispublication or not.

Customer Manual v. 2.0 (12/03)

ISC of Saskatchewan

Table of Contents

Transforms Manual

TRANSFORMS: HOW TO APPLY FOR TITLESTO NEW PARCELS 2

INTRODUCTION 2

APPLYING FOR TITLES 3A. Application for Transfer (Part I - Surrender) .4B. Transform/Multiple Transfer Authorization 4C. Consent of Mortgagee to Transform 6D. Affidavit of Value 7E. Application for Transfer (Part II - Set Up) 8F. Title Print Request (optional) 10G. Packet Cover Page 11H. Assembling the Packet 11

INTERESTS 13

PARCEL TIES· &OWNERSHIP 14

SUMMARy ~ 16

Customer Manual v. 2.0 (12/03)

ISC of Saskatchewan Transforms Manual

Transforms: How to Apply forTitles to New Parcels

INTRODUCTION

This guide tells you how to apply for titles pursuant to anapproved plan under The Land Titles Act, 2000.

A plan is required to change the shape of a parcel or parcels,such as in a subdivision or consolidation. Every parcel alsohas a class code or type. A plan is also required to changethe parcel type, e.g. from "municipal reserve" to a "generic"parcel. Both types of situations are considered "transforms"and a plan must be prepared to effect the change.

Once a plan has been approved and a Transform ApprovalCertificate (TAC) has been issued, you are in a position tohave titles issued for the new parcels created by the plan. Toobtain the titles, you must apply to the Land RegIstry.

The Transform Approval Certificate (TAC) details both thesource parcel(s) and the new parcel(s), and any changes fromthe source to new parcels, including any change in the parcelclass code. The TAC is valid for one year from its approvaldate. However, you can apply to renew the TAC for anotheryear, after the initial one-year period has expired.

During the time the TAC is valid, you may apply to have titlesissued to the new parcels. Titles must be issued for all thenew parcels in the transform at the same time, which requiressurrender of all the source parcels at the same time.

This document is prepared to help you apply for titles pursuantto an approved plan~ Please note that this document does notdeal with application for titles pursuant to condominium plans.For information on condominiums, caI/1-866-275;'4721.

You will also find sections on the registration and discharge ofinterests, as they apply particularly to transform situations, aswell as a section on parcel tie codes and their implications onsetting up ownership to the new parcels in a transform.

)Customer Manual v. 2.0 (12/03) 2

ISC of Saskatchewan

STEP 1:

Transforms Manual

APPLYING FOR TITLES

DOWNLOADING THE FORMS

You will need some or all of these forms, which can beobtained from the www.isc.ca website:

• Land Registry Packet Cover Page• Application for Transfer (Part I - Surrender)• Transform/Multiple Transfer Authorization• Consent of Mortgagee to Transform• Affidavit of Value (Transform)• Application for Transfer (Part 11- Set Up)• Title Print Request (optional)

STEP 2:

SEARCHING TITLES TO SOURCE PARCELS

A Transform Approval Certificate is valid for a year. As aresult, by the time you apply for title, there may have beeninterest registrations against the titles to the source parcelssince the plan was approved; ,Or some or all of the sourceparcels may have changed owners in the intervening period,which would have resulted in the issuing of new titles.

You will need to search to determine the current status of thetitles which are to be surrendered. These titles may besearched by the,re,levant parcel number(s); you can find these·numbers under the heading Source Parcel(s) in the TAC.

A key step is to review the title(s) ofthe source parcel(s)to determine if the parcel is "tled" to any other parcel.This information will be listed on the title in the sectiontitled "Notes". If the source parcel is part ofa parcel tiegroup, this may have implications for how you set upownership to the new parcel. For more information, referto the section titled Parcel Ties and Ownership.

As you continue with the steps in this guide, it is also useful tohave on hand a copy of the approved plan and the TAC.

Customer Manual v. 2.0 (12/03) 3

ISC of Saskatchewan

STEP 3:

COMPLETING THE FORMS

Transforms Manual

When the proper forms are completed and assembled, theyform a packet. A packet may consist of several applications.When a packet is submitted to the Land Registry andsuccessfully registered, titles are issued to the new parcels.

Here is a step by step guide to completing the forms:

A. Application for Transfer (Part I - Surrender)

This form is used to surrender the titles to the sourceparcels which are involved in the transform.

Complete the following sections:

Application Sequence Number - Usually, thesurrendering of the old titles is the first step in thistypeof packet, so insert "1" here.

Application Sheet Count - Includes this page andthe supporting authorization documents.

Complete Section Aonly -Insert the 9-digittransform number, which you can find on theTransform Approval Certificate (TAC).

B. Transform/Multiple Transfer Authorization

The application to surrender title(s) to the source parcel(s)must be supported by the appropriate authorizations andconsents. Both the owners of the source parcel(s) and anymortgage holders on the parcel(s) must authorize thetransform. Let us deal with the owner's consent first.

Each owner of a source parcel must complete aTransform/Multiple Transfer Authorization as follows:

Name - As it appears on the title beingsurrendered, or name of corporate signing officer.

Position - If signee is a corporate signing officer.

Corporation - If applicable, enter the name exactlyas it appears on ttie title being surrendered.

Check Transform Number box - Insert number.

) Customer Manual v. 2.0 (12/03) 4


The section beginning with "to "This is where you indicate who will be owning thenew parcels created by the plan. List the name ofthe person or corporate entity that will be owningthe parcel, e.g. Betty Kot and Jim Kot, as jointtenants, or Her Majesty the Queen in Right ofSaskatchewan. It is also recommended that you listthe new parcel number (as shown on the TAC)behind each corresponding new owner.

The information in this section must be consistentwith the information you provicte on the Applicationfor Transfer (Part II - Setup) form(s).

Date. Signature - Have owner complete.

Witness Sections - Have the witness sign and printhis or her name below the signature. If the witnessis a Saskatchewan lawyer, check the applicablebox. Otherwise, the witness will need to completethe section titled Affidavit of Execution.

If the owner is a corporate entity, the signature ofthe signing officer may be accompanied by acorporate seal. If the officer executing theauthorizatbn does not seal the authorization with acorporate seal, he or she must complete thesection titled Affidavit Verifying Corporate SigningAuthority. If there is a corporate seal, the officer'ssignature does not need to be witnessed.

Note: If the titles being surrendered involve morethan one owner, each owner must complete aseparate Transform/Multiple TransferAuthorizationform. .. Each joint tenant or each tenant in commonmust complete his or her own authorization form.

Important note about corporate owners: If the owner ofthe parcel being surrendered is a corporate entity, it mustbe an entity that is registered at Corporations Branch (Le.legally able to carry on business in Saskatchewan). Theentity must have a COBRA-related client number in oursystem to surrender land. If the entity no longer exists orhas been struck, it must re-register at Corporations Branchor obtain a court order allowing it to surrender the parcelsin question. In the latter case, the court order must beattached to the Application for Transfer (Part I - Surrender)as authorization for surrender of the source parcels.. .



Sometimes there are additional authorizations required forthe surrender of the title to the source parcel. These areset out in legislation and involve particular types of parcels,e.g. buffer strips. For more information on when additionalauthorizations are required, contact 1-866-ASK-ISC1.

C. Consent of Mortgagee to Transform

If there is no mortgage registered against any of theparcels being surrendered, you may omit this section.

If there is a mortgage on any of the source parcels, themortgagee must also consent to the transform. Eachmortgagee must complete a separate Consent ofMortgagee to Transform form. This form will also followthe Application for Transfer (Part I - Surrender).


Name - Enter the name of mortgagee as itappears on the title being surrendered, or name ofcorporate signing -officer for the mortgagee

Positien - If signee is a corporate signing officer.

Corporation- If applicable, enter the name exactlyas itappears on the title being surrendered.

Transform Number - Add transform number.

Date. Signature - Have mortgagee complete.

Witness Sections - Have the witness sign and printhis or her name below the signature. If the witnessis a lawyer licensed to practice in Saskatchewan,check the applicable-box. -Otherwise, the witnessshould complete the section titled Affidavit ofExecution. In the case of a corporate entity, thesignature of thesigning officer may beaccompanied by a corporate seal. If there is nocorporate seal, the section titled Affidavit VerifyingCorporate Signing Authority must be completed. Ifthere is a corporate seal, the signature of thesigning officer does not need to be witnessed.



D. Affidavit of Value

The fee schedule effective April 14, 2003 requires thatcustomers submit affidavits to establish the values of newtitles, so that the appropriate fee is charged for thetransaction. The affidavit that applies to transforms is:

Affidavit of Value (Transform)

If the transform creates only "new" parcels, a valuemust be given for each new parcel on the plan. Ifthe transform also creates "remainder" parcels, avalue for the remainder parcel is optional. A"remainder" parcel is defined as the balance of anexisting parcel·after the "new" parcel has beentaken out, but where.in every other respect, theboundaries of the existing parcel has remained thesame. The person doing the affidavit may choosethe optional statement saying that he or she doesnot know the value of the remainder parcel.

Fees for issuing titles to remainder parcels·Please that -remainder parcels are exempt fromregistration fees. However, if you give a value forremainder parcel, the system will automaticallycharge fees based on the value given. In this case,you may apply for a refund after titles have issued.For further information, please see the item: FeeAdjustment Policy - Remainder Parcels.

Any person with knOWledge of the parcel value(s) maycomplete an affidavit. An affidavit may deal with only oneparcel or with multiple parcels.· The information on theaffidavit(s) must be consistent with the informationprovided in the packet,particularlywith value and titleshare information on the applications to set up title.

The affidavit forms part of the Application for Transfer (PartI - Surrender), and should be inserted behind theauthorizations ofthe owners and mortgagees.

For specific information on how to complete an affidavit,please refer to the Instruction Sheet for the Affidavit ofValue (Transform), under Forms on the website.



E. Application for Transfer (Part 11- Set Up)

This form is used to set up title(s) to the new parcel(s) thatare created by the approved plan.


Application Sequence Number - As applicable.

Application Sheet Count - Count this sheet, plusthe Title Print Request form ( if you wish to have acopy of the title print provided to you). The TitlePrint Request form must follow each title set-upappliCation that you want a title print for.

New Parcel Number - Insert number of parcel to betitled (listed under target parcels in the TAC).

Transform Number - Insert transform number.

New Owners box - Check the applicable box forform of ownership structure. If the new owners aretenants in common, check the right box andcomplete "a separate Application"for Transfer (Part11- Set Up) for each tenant in common.

Fractional Title Share - Represents the title sharein the parcel. For example, if two tenants incommon have an equal share, each title will have 1/2 share. The title share for single owners andjointtehants will'always be a 1/1 share. .

New Title Value,",:" Fair market value of title share.If there are two tenants in common, the new titlevalue for each for will be 'Y2 the parcel value.

Section A - New Owner - Complete this section ifthe new owner already has a client number in oursystem. The client number and client name(spelling) must be an exact match, or else theapplication to set up this title will be rejected.



* When I am applying to set up title to a new parcel,can I use any client number for the new owner?

If the owner is a corporate entity, you must use a clientnumber that is linked to its Corporations Branch (COBRA)entity number. A corporate entity must be registered tocarry on business in Saskatchewan, and owning land is"carrying on business". The entity must have a clientnumber in our system which is tied to the COBRA #.

To obtain this client number, please call1-866-ASK-ISC1(1-866-275-4721). If you want to use another clientnumber (because it refers to a subsidiary, has a moreappropriate mailing address, etc.), you must "branch" thatclient number to the COBRA-related number. There is nocost for this, but an application must be made to ISC.

* Are there any other factors I have to consider whensetting up ownership for a new parcel?

Check the title for the source parcel(s) to see if the parcelis part of a parcel tie group. If a source parcel is "tied" toother existing parcels, and the new parcel is also one thatmust also remain "tied" to these parcels, you will need tobe careful in setting up ownership (including clientnumbers) for the new parceL For more information, pleaserefer to the section ca.!Ied Parcel Ties and Ownership.

Section" B - New Owner- Complete this sectiononly ·if the owner of the new parcel does not havean'existing clientnu:mber in our system. Note: Donot us'e if new owner is a corporate entity.

Registration Conditions - As a general rule, anyinterests registered against the source parcel willautomatically "splatter" against the new parcels.Check "no conditions" if you will accept the new titlesubject to any interests reqisteredagainst theexistiiig title at the time that this application is being

. processed. Complete "conditional registration" ifyou will accept new title subj~ct only to intereststhat existed on the old title c;lS of the specified dateand time. Or choose "free and clear" if you willaccept a new title only if it will show no interests atall. Note that if these last two types of registrationconditions cannot be met by the system, then theapplication to set up this title will be rejected.

You have now completed a title set-up applicationfor a parcel. You will need to prepare title set-upapplications for each of the new parcels listed onthe Transform. Approval Certificate (TAC).



* How many title set-ups (Application for Transfer(Part 11- Set Up) do I need to complete?

The rule is one application for each new title share. If anew parcel has only one owner, you will need one set-upfor that parcel. If the parcel is to be owned by two tenantsin common, you will need to complete two forms for thatparcel, as each owner has a separate title. Joint tenantshave only one title - only one set-up form is needed.

* Are there restrictions on who can own certain kindsofparcels, e~g. a parcel with class code of "road"?

If the parcel class code is "parcel (generic)", there are norestrictions on ownership. Otherwise, the parcel classcode does limit who can own a particular class code.

For example, dedicated lands such as buffer strips,municipal reserve, environmental reserve, public reserve,and walkways must be titled in the name of themunicipality or the provincial government, as applicable..Parcel that ate coded as roads, street intersections,streets, and lanes must be titled in the name of HerMajesty the Queen in Right of Saskatchewan, using theclient number designated for Highways: 100942792.

F. Title Print Request (optional) .

Use this form if you would like us to send copies of thetitles prints to you after the packet is successfullyregistered. The submitting client can get a copy of the titleby completing the first section. To send a copy to anyother person, complete the other sections as required.

You must order title prints on an application by applicationbasis. A separate Title Print Request form must followeach application for which you want a title print.

Title prints may be obtained by fax, e-mail, or mail. Notethat the only "official" title print is one that is printed on ISCsecurity paper and this is obtainable only by mail. If you donot order any title prints, you may go to the ISC websiteafter the packet has registered and search for the newtitles by the new parcel nu·mber or new title number.



G. Packet Cover Page

When you have filled out all the other forms, complete thesections of the Packet Cover Page as follows:

Packet Sheet Count - Enter the total of all thepages' in the packet, including Packet Cover Page.

Application Count - Enter the total number ofapplications submitted in the packet. Anapplieation is every sheet with a bar code, with theexception of the Packet Cover Page.

Section A - If as the submitting party, you alreadyhave a client number, fill in this section in only.Insert your client number, your internal clientreference number (optional), account number andaccount password. (If you do not have a clientnumber, please complete Sections B and C.)

Keep track of the bar code number on the front of thePacket Cover Page. You will use this number to track yourpacket or check on its .status. As the bar code number isunique, you cannot re-use the Packet Cover Page. Ifthe packet is:rejected; you mustuse a new Packet CoverPage with a new bar code to re-submit the packet.

H. Assembling the Packet

The packet you assemble will typically involve only the. forms discussed above, and are usually in this order:

- Packet Cover Page

- Application for Transfer (Part I - Surrender)

+ Transform/Multiple Transfer Authorization(s)+ Consent of Mortgagee to Transform(s)+ Affidavit of Value (Transform)

- Application for Transfer (Part 11- Set Up)+ Title Print Request

- Application for Transfer (Part 11- Set Up)+ .Title Print Request, etc.


ISC of Saskatchewan

STEP 4:

SUBMITTING THE PACKET

Transforms Manual

Once you have completed all the required forms anddocuments, and assembled them in order, you are ready tosubmit the packet. If you are faxing the packet, please checkto ensure that the forms will be legible when faxed. Wediscourage submission of original documents, whether theyare forms, affidavits, or signed authorizations. This is becauseany packets that are rejected are not returned to you.

Note: the system is designed to accept o,",ly 81/2 by 11 sizepaper, no matter which method.of submission is used.

You can submit the packet using the following methods:

E-mail: mailto:[email protected]

Fax: (306) 798-1525

Mail: Information Services Corporationclo e-Business Services Centre1301 _1 s1 AvenueRegina, SK. S4P 3V7

Please note that the above is intended as a general guide onlyto applying for titles pursuant to a transform. The websiteforms and the processes may be amended from time to time tofacilitate system and other changes. If you have anyquestions, pleasecaIl1-866~ASK-ISC1 (1-866-275-4721).

The following sections provide additional information onthe "interest carry forward" process, and parcel ties.



INTERESTS

An interest on a source parcel will automatically carryforwardto any new parcel(s) created from that sOurce parcel. Forexample, if parcel A is subdivided into parcels Band C, amortgage against A will carry forward to Band C. This is a"semi-intelligent" carry forward in that the system will carry aninterest to all parcels that result from a source parcel, but willnot carry the interest to any unrelated new parcels.

Sometimes, you may not want the new parcel to be subject toa carry forward interest. In that case, you have two options:

1) Discharge the interest - You must wait until the new titlehas issued before sUbmitting a packet to dischargeinterests. An interest discharge application requires theInterest Number, which is not available until after the newtitles are issued. Discharges of interests are free.

2) Request an analysis - If you feel al) interest should notcarry forward to a new title, it is possible to request ananalysis from Plan Processing. This service is restricted toeasements and other such types of intere~ts .for which thegeographical location on a parcel may bErdetermined.

You should request this serviceatter the TAC has issued.but before you prepare the -packet. After Plan Processingfinishes its"analysis, you will be provided with a documententitled "Notification of Easement Analysis" to insert afterthe Application for Transfer (Part I: Surrender). Ourprocessing staff rely on the document to determine whenthese interests should carry forward to new parcels andwhen they should not. A fee applies to this service. Formore information, please contact Plan Processing.



PARCEL TIES & OWNERSHIP

Certain parcels may be "tied" together. In dealing withtransforms, it is important to check the titles for the sourceparcels as a first step. If there are parcel ties involved, thiscould have implications for how you apply for titles.

If the source parcel is "tied" with other parcels, this will beindicated in the "Notes" section near the bottom of the title.The text will read: "The parcel for this title and parcels(s) X, Y,etc. may not be transferred, or in certain circumstances,mortgaged or leased separately without approval of theController of Surveys." The parcels listed may include existingparcels and pending parcels (e.g. new parcels on the TAC).

There are two main reasons for parcel ties:

1. Planning and Development Act

Certain parcels are subject to ties pursuant to ThePlanning and Development Act. For example, if a roadcuts through a quarter section, the land on both sidesof the road is deemed to be one parcel. These twoparcels will belied, and the owner cannot sell, lease ormortgage them separately, until the tie is removed.

This type of tie will also affect transforms. Forexample, assume that two parcels above are A and B,and one ofthe parcels, B, is further subdivided into twoparcels, X and Y. If X is the remainder parcel, then thetitle for K must be set up in away that does not breachits tie with parcel A. That means the titles for X and Amust show the same ownership structure, client·number(s) and owner(s), after X is titled.

2. Conliersion-created tie·codes

Some parcels are tied in the conversion process.Formerly, a parcel or lot on a·paper Certificate of Titlemay have contained an exception or metes andbounds description. In these cases, when new titles

.are created for all the parcels contained on the old title,these new parcels are tied together on conversion. Ifthis has occurred and you believe that certain parcelsshould not be tied, contact us at 1-800-ASK-ISC1. Wewill review the ties and if they are invalid, they will beremoved. There is no charge for this. A Registrar'sNotice will be registered against the titles to give noticethat ties have been removed, but the notice willautomatically expire after 30 days. It is important to



remove invalid ties as they may prevent transfer, lease,mortgage or change of ownership of the parcel.

If the parcel ties are valid, then the same issue fortransforms exists as noted above for P &0 ties.

Parcels tied together must have the same client number(s),ownership structures and the same owner(s). This is a criticalissue to keep in mind when setting up title to new parcels in atransform. Do they need to be "tied" to existing parcels? If so,how should the new titles be set up? The following are the keyquestions you must ask when preparing a packet: '

• Who owns the source parcel?

• Is it part of a parcel tie group?

• If yes, identify the remainder parcel.

• Determine whether the remainder parcel need to betied to any other currently existing parcels aftertitles :are issued pursuant to the transform?

• If yes', when setting up titie to remainder:

a) !fowner is an individual- Use the client numberand name Which appears on the source title.

b) If owner is a corporate entity - Use the clientnumber on the source title if this client numberis tied to the COBRA entity number.

If the client number is not one that is tied to theCOBRA entity number, you have two options.You can branch that number to the COBRArelated client number, and then use thebranched number. This is useful if the clientn'umber on the source parcel titles points to aclient address you want to use, but is differentfrom the address for the COBRA-related clientnumber. Oryou can amalgamate the clientnumber on the source parcels with the COBRArelated number, and then use the latter numberto set up ownership. Amalgamation reducesthe number of client numbers for that entity.

* For more information on the use of clientnumbers when setting up titles to new parcels,see the Client Numbers - Transforms chart.



SUMMARY

The processes for obtaining approval for a plan and theapplication for titles to the new parcels created by the plan areseparate and distinct. This document provides basicinformation for the latter process. If you require moreinformation about applying for titles, or about transforms,please call1-866-ASK-ISC1 (1-866;.275-4721).


Client Numbers for Transforms

IIDENTIFY NEW PARCEL II I I

INew owner is individual I INew owner is corporate entity I INew owner is govt entity (SK) I~

Is new parcel part ofa "parcel tie" group?

YES - Set up titleusing the client #found on the title tothe correspondingsource parcel.

~Identify the COBRArelated client # for thiscorporate entity.

IIs new parcel part of a"parcel tie" group"?

yd NO

+Identify the client # forgovt entity that isbranched to 100656592which is COBRA-relatedclient # for Her Majestythe Queen in right ofSaskatchewan.

IIs new parcel part of a"parcel tie" group?

NO - If no parcel tiesapply, use any client# for that individual

. to set up title.

Use client # on title ofsource parcel if sameas the COBRA-relatedclient #. Otherwise:

a) Branch Glient # on·title of sourceparcel to COBRArelated client #; or

b) Use COBRArelated. client # afteryou amalgamateclient # on sourcetitle with COBRA·related client #.

Use COBRArelated client # toset up title to thenew parcel.

INO - Use the client #identified above.

YES - Use client # ontitle to source parcel, butensure that client # hasbeen branched to100656592, the COBRArelated client # for SK.

If not, branch client # ontitle to source parcel to #100656592.

Transform Approval Certificate

Client Reference Number:Request Number:Transform Number:Approval Date:

23206104911740100037292December 04, 2002

101388405 Subdivision

110084734

114168528

Blk/Par A-Plan 101272878 Ext 1 Parcel (Generic)

NW20-08-02-2 Ext 28 Parcel (Generic)

149130963

149130963149130974

Blk/Par M-Plan 101388405 Ext 0 Parcel (Generic)

Blk/Par M-Plan 101388405 Ext 0 Parcel (Generic)NW20-08-02-2 Ext 29 Parcel (Generic)