NLR 110/10 - Registration of Deeds Regulations under the Registration of Deeds Act, 2009

NEWFOUNDLAND AND LABRADOR REGULATION 110/10 Registration of Deeds Regulations under th e Registration of Deeds Act, 2009 Amended by: 55/12 106/23 NEWFOUNDLAND AND LABRADOR REGULATION 110/10 Registration of Deeds Regulations under th e Registration of Deeds Act, 2009 (Filed December 8, 2010) Under the authority of section 38 of the Registration of Deeds Act, 2009, I make the following regulations. Dated at St. John’s , November 17, 2010. Harry Harding Minister of Government Services REGULATIONS Analysis 1. Short title 2. Definitions 3. Electronic submission 4. Priority of registration 5. Group of instruments or notices of instruments or both 6. Requirements on authorized users 7. Category of persons 8. Licensed users 9. Filing of notices 10. Notice of mortgage 11. Errors in registration details 12. Paper format registration 13. Adherence to policies and procedures of registry 13.1 Use of audio-visual technology 14. Admissibility of documents 15. Commencement Short title 1. These regulations may be cited as the Registration of Deeds Regulations . 110/10 s1 Back to Top Definitions 2. In these regulations (a.01) "Act" means the Registration of Deeds Act, 2009 ; (a) "authorized user" means a person within the prescribed category of persons who is approved under subsection 9(3) of the Act to file instruments and notices of instruments electronically using the CADO system; (b) "CADO" means the Companies and Deeds Online system which is the online real property and commercial information system that provides, in part, Internet browser-based query access to land-related information and electronic access for submission of documents under the Act; (c) "division" means the Commercial Registrations Division of Service Newfoundland and Labrador ; (d) "electronic submission" means submission of an instrument or notice of instrument for registration using the CADO system; and (e) "RAF" means a Registration Application Form which is an application form for registration as required by paragraph 23(2)(d) or 23(3)(a) of the Act. 110/10 s2 ; 55/12 s1 ; 106/23 s1 Back to Top Electronic submission 3. (1) An authorized user may, to the extent permitted by CADO and upon providing the information required by the Act and these regulations, register an instrument or notice of instrument by electronic submission, if it is an instrument or notice of instrument that may be registered under the Act. (2) An authorized user may effect electronic submission of an instrument by (a) electronic submission of all of the following (i) the completed RAF, (ii) a scanned copy of the duly executed original instrument, (iii) a scanned copy of another instrument that may be required; and (b) remitting the required fee. (3) An authorized user may effect electronic submission of a notice of instrument by (a) electronic submission of (i) the completed RAF, and (ii) a scanned copy of the legible written description of the property, where applicable; and (b) remitting the required fee. (4) An authorized user shall ensure that all information entered for the purpose of electronic submission of an instrument or notice of instrument is entered in accordance with data entry rules as set by the registrar. (5) Notwithstanding subsection (1), an instrument or notice of instrument greater than 8 1/2 inches x 14 inches in size shall be filed with the registry in paper format. 55/12 s2 Back to Top Priority of registration 4. (1) An instrument or notice of instrument submitted is considered to be registered on the date and at the time when the document is submitted, provided it meets compliance. (2) An instrument or notice of instrument electronically submitted will be reviewed for compliance by the registry and where an instrument or notice of instrument is rejected for non-compliance by the registry, the instrument or notice of instrument will be returned to the authorized user. (3) Notwithstanding subsection (1), an instrument or notice of instrument returned under subsection (2) shall be given a new registration date and time when it has been resubmitted by the authorized user and will, subject to a review under subsection (2), be considered to be registered at that time provided it meets compliance. (4) An instrument or notice of instrument that, in error, is rejected by the registry for non-compliance will be considered to be registered when it has been resubmitted by the authorized user. 55/12 s3 Back to Top Group of instruments or notices of instruments or both 5. (1) Where an authorized user electronically submits a group to be registered in a particular sequence, the authorized user is responsible for ensuring that each instrument or notice of instrument in the group is registered in the proper order. (2) If an instrument or notice of instrument in the group submitted under subsection (1) is rejected for non-compliance by the registry, then that group shall be rejected. (3) Each instrument or notice of instrument in a group is considered separate and a fee is payable for each instrument or notice of instrument. (4) Notwithstanding subsection 3(1), a group that has more than 5 instruments or notices of instruments or both shall be filed with the registry in paper format. (5) For the purpose of this section, a group means a group of instruments, notices of instruments or both. 55/12 s4 Back to Top Requirements on authorized users 6. (1) The registrar may impose technical requirements on an authorized user to allow access to the CADO system. (2) The registrar may require an authorized user to submit information and electronic images in a specific format. 110/10 s6 ; 55/12 s5 Back to Top Category of persons 7. (1) The registrar may approve the following categories of persons for electronic submission of instruments and notices of instruments (a) a practicing member of the Law Society of Newfoundland and Labrador ; (b) a law firm as defined in the Law Society Act, 1999 ; (c) a chartered bank, trust company, credit union or other recognized financial institution; (d) a title insuring firm; (e) a department of a municipal, the provincial or federal government; and (f) other organizations that demonstrate to the satisfaction of the registrar a legitimate need for electronic submission of instruments or notices of instruments. (2) Before being approved, an authorized user shall (a) complete an authorized user agreement; (b) undergo training approved by the division; and (c) appoint an administrator who will be responsible for maintaining user accounts. (3) An authorized user is responsible for the creation, quality and completeness of the RAF and any image that is electronically submitted. (4) An authorized user who electronically submits an instrument or notice of instrument shall retain the original or a true copy of the executed instrument and shall make it available for review by the registrar upon request. (5) The approval of an authorized user may be cancelled by the registrar where the authorized user (a) does not comply with the requirements of the Act, regulations or policies; or (b) violates a term of the authorized user agreement. 110/10 s7 ; 55/12 s6 Back to Top Licensed users 8. (1) The registrar may approve a person or category of persons to conduct unlimited online searching and viewing of instruments and notices of instruments registered at the registry and available online where the person or category of persons is (a) a practising member of the Law Society of Newfoundland and Labrador ; (b) a law firm as defined in the Law Society Act, 1999; (c) a chartered bank, trust company, credit union or other recognized financial institution; (d) a department of a municipal, the provincial or federal government; (e) a police agency; (f) an appraisal or survey firm; (g) a title search firm; or (h) another organization that demonstrates to the satisfaction of the registrar the legitimate need for unlimited search access. (2) A licensed user shall (a) complete a CADO license agreement for each purchased licence agreement; (b) comply with the terms of the CADO licence agreement; (c) appoint an administrator who will be responsible for maintaining user accounts; (d) refrain from sharing user accounts; (e) refrain from data mining or using information for the purposes of soliciting business; (f) refrain from accessing and storing bulk data; and (g) remit all licence fees. (3) A license under subsection (1) may be cancelled by the registrar where the licensed user fails to comply with the requirements of the Act, regulations or policies. 110/10 s8 ; 55/12 s7 Back to Top Filing of notices 9. A notice filed under paragraph 7(1)(e) or (f) of the Act shall contain information with respect to (a) the instrument type; and (b) the parties identified in the instrument. 110/10 s9 Back to Top Notice of mortgage 10. (1) A notice of mortgage referred to in paragraph 7(1)(e) of the Act (a) shall have a legible written description of the property attached; (b) shall contain information with respect to all of the following (i) the consideration, (ii) the instrument date, (iii) the location of the property; (c) may have supporting affidavits attached; and (d) may contain information with respect to a related registered instrument or notice of instrument. (2) A notice of mortgage includes an amendment to a mortgage that (a) increases the amount of the obligation secured; (b) increases the amount available for borrowing under the mortgage; (c) adds a parcel of land; or (d) permits additional advances up to the original amount secured. (3) A notice of partial release of mortgage shall include a legible written description of the portion being released. 110/10 s10 ; 55/12 s8 Back to Top Errors in registration details 11. Where a person submits an instrument or notice of instrument and becomes aware of an error in the registration details of the instrument or notice of instrument, that person shall file an amendment in a form acceptable to the registrar. 55/12 s9 Back to Top Paper format registration 12. (1) An instrument that is submitted in paper format for registration shall be accompanied by the required RAF and the RAF shall be accurately completed and legible. (2) A notice of instrument that is submitted in paper format for registration shall be provided on the required RAF and the RAF shall be accurately completed and legible. (3) Information set out in the RAF will be the only information used for the purpose of recording registration particulars. (4) An instrument submitted in paper format shall be an original. (5) When a person submits a notice of instrument for registration in paper format, that person is certifying that the person has seen the original instrument, with the original signatures. (6) A person who submits a notice of instrument for registration in paper format shall retain the original or a true copy of the executed instrument and shall make it available for review by the registrar upon request. 55/12 s10 ; 106/23 s2 Back to Top Adherence to policies and procedures of registry 13. All persons who attend the registry to conduct research of the electronic or paper based records shall adhere to the policies and procedures as set by the registrar. 110/10 s13 Use of audio-visual technology 13.1 Where a commissioner for oaths or a notary public witnesses an instrument in accordance with section 15 of the Act through the use of audio-visual technology, the commissioner for oaths or notary public shall (a) take all reasonable steps to verify the identity of the person signing the instrument; (b) state on the instrument that it was witnessed through the use of audio-visual technology in accordance with the Act and these regulations; and (c) comply with the requirements in the Law Society Rules of Newfoundland and Labrador related to the witnessing of documents through the use of audio-visual technology. 106/23 s3 Back to Top Admissibility of documents 14. A copy of a registered instrument or notice of instrument certified by the registrar is admissible in evidence in a court proceeding to the same extent as the original would have been admissible. 55/12 s11 Back to Top Commencement 15. These regulations come into force n December 13, 2010. 110/10 s15