Question 8

What is the registration process?

Alberta:

Ownership of property is transferred by way of registration of a Transfer of Land with the Alberta Land Titles Registration System. Other methods of transfer can be effected by a Vesting Order granted by the Court of Queen’s Bench, or Transmittal granted by the Surrogate Court.

British Columbia:

The land title registration process follows these steps:

  1. The application is received via the Electronic Filing System (EFS) or at the Land Title Office as prescribed by Director's Requirements. The application is date-stamped, document numbers are assigned and required fees are collected. Pending applications are noted on the appropriate title.
  2. Land Title Office staff examine the applications, documents and plans in the order they were received to ensure they comply with all legal requirements.If all the documentation is in order, the registration is completed and recorded with the application number, effective on the date and time the application was submitted.

If the documents are not found to be acceptable for registration, a Notice Declining to Register (defect notice) is issued under s.308 of the Land Title Act. The deficiencies will need to be remedied within 31 days or the application will be cancelled. In certain circumstances, this 31-day period may be extended.

The turnaround time target for examining land title registration transactions is six business days.

Manitoba:

In person, by mail or other delivery to the appropriate Land Titles Office (no remote/electronic registration available yet in Manitoba). Documents to be registered must be accompanied by a Registration Details Application.

Comments:

For documents to be irrevocably registered, they must achieve “accepted” status. Completion of the registration process takes between two to fourteen business days, depending on volumes of registrations. Absent title insurance, or the use of the Western provinces conveyancing “Protocol”, the Manitoba custom is to not release value until “accepted” status is achieved.

New Brunswick:

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Newfoundland and Labrador:

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Northwest Territories:

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Nova Scotia:

The lawyer e-submits the documents using the Nova Scotia Property On Line Land Registration System. The recording fees ($100 per document) and deed transfer tax (if applicable) are electronically deducted from the lawyer’s trust account.

Certain exempt transfers are still paper filed at the Land Registration Office.

Comments:

Deeds for valuable consideration and mortgages are only accepted for registration if the parcel has been migrated first from the Registry Act to the Land Registration Act.  Therefore, the migration of the title from the old Registry Act to the modern computerized Land Registration Act system is necessitated by the need to convey or mortgage the property.

All documents (except plans of subdivision) submitted for registration must be accompanied by a Certificate of Legal Effect certified by a solicitor with payment of the recording costs.

The solicitor signing the Certificate of Legal Effect is liable to the Registrar General for any negligent error or omission if the Registrar General has been required to pay compensation as a result of the solicitor’s negligent error or omission in the certificate.

Nunavut:

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Ontario:

Registration is fully digitized with online access via the lawyer’s desktop computer (Teraview software).  In 2018, the software was replaced with a cloud service using a hard or soft token which produces a unique 6-digit number required for registration.

Comments:

The registration is instantaneous, producing a registration number, date and time of registration, however, the registry office has 21 days to review and certify the registration, during which time it can be rejected.  After 21 days, the registration is deemed certified if the registrar has not acted on it. The certification process may typically be only days unless the system is busy.

Prince Edward Island:

Documents must be submitted at the Registry Office. There are three registries in PEI – Prince County Registry Office in Summerside and both the Queens County and Kings County Registries in Charlottetown. There is no electronic registration system in PEI.

Registration must be completed at the land registry office. In most cases registration can occur on the same day the document is received at the registry office. Original documents are required for registration and the execution of the document must be proven in accordance with the Registry Act. The document to be registered must be accompanied by the registration fee and payment for the Land Transfer Tax, if applicable. Deeds must also be accompanied by an affidavit of transfer sworn by either the purchaser or the purchaser’s agent (lawyer).

Quebec:

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Saskatchewan:

On average, registration takes two to three business days – transfer submitted electronically. Documents still reviewed by individuals prior to transfer occurring.

Yukon Territory: 

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