2006-1 Capacities Interest Estate Changes Part 2
Bulletin information:
Issue Date: March 20, 2006
Legislation: Land Titles Act, Registry Act
Bulletin content:
Bulletin 2005-05 set out the changes that were being made in the Interest/Estate/Qualifier fields of electronic documents as of July 18, 2005. (Please see the Bulletin for a full explanation of these changes.) These changes were to be implemented in a two-step process in order to reduce the impact on documents that at that time were contained in a work in progress file. The first step was implemented on July 18, 2005 and the Bulletin stated that the final step was scheduled to occur on Feb 6, 2006. Teranet recently announced that due to the fact that Microsoft is no longer supporting the Windows 98 application, all versions of Teraview, below version 5.3, are scheduled to be retired effective April 7, 2006. Therefore, the Ministry decided to reschedule implementation of this second step to coincide with these changes to Teraview.
The documents that may be affected are ones created on a version of Teraview lower than 5.2.3 and have not yet been submitted for registration. It is not anticipated that these changes will affect many documents however all users are encouraged to check their work in progress files for any documents that may be affected and take the appropriate action prior to April 7, 2006. To assist in determining which version of Teraview was used to create documents in the work in progress file, the following are the relevant dates for Teraview versions:
Teraview 5.2.3 and 5.3 - available as of July 18, 2005
Teraview 5.2 and 5.2.1 - retired on September 9, 2005
Teraview 5.2.2 - retired November 4, 2005
On April 7, 2006 when this change is implemented, the electronic system will perform a validation check at the time a document is signed or submitted for registration to ensure that only one of those interest and estates permitted by Bulletin 2005-05 has been selected and that no Qualifier is included in the selection. An error message "The interest/estate selected is no longer available. If this document requires an interest/estate to be provided, please select another from the dropdown list. If the field is no longer displayed you will need to recreate the document." will be displayed. Appendix A contains a list of document types that will allow the Interest/Estate to be changed. If one of these document types contain an Interest/Estate that is no longer available for selection, the Interest/Estate will need to be re-selected and the document will need to be re-signed prior to registration. Any work in progress documents created on versions lower than Teraview 5.2.3 (see chart above) that are not a type listed in Appendix A will need to be re-created.Summary of Step 2 of the Changes in the Interest/Estate/Qualifier fields
Appendix A
- The following list of documents allow for the Interest/Estate to be selected on a document.
- Application To Amend Based On Court Order
- Application To Register Court Order
- Application for Leasehold Parcel
- Caution-Land
- Caution Of Agreement Of Purchase And Sale
- Charge
- Charge By Partnership
- Charge By Religious Organization
- Notice Of Option To Purchase
- Power Of Sale For Notice Of Charge Of Lease
- Transfer
- Transfer Easement
- Transfer By Partnership
- Transfer By Personal Representative
- Transfer Power Of Sale
- Transfer Release & Abandonment
- Transfer Religious Organization
- Transfer Trustee In Bankruptcy
Original signed by:
Katherine M. Murray, Director of Titles