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Newfoundland and Labrador
Regulation 2010


NEWFOUNDLAND AND LABRADOR REGULATION 110/10

NEWFOUNDLAND AND LABRADOR
REGULATION 110/10

Registration of Deeds Regulations
under the
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 of an instrument

        4.   Priority of registration

        5.   Instruments that are part of a group

        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

      14.   Admissibility of documents

      15.   Commencement


Short title

        1. These regulations may be cited as the Registration of Deeds Regulations.

Definitions

        2. In these regulations

             (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 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 the Department of Government Services;

             (d)  "electronic submission" means submission of an 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) of the Act.

Electronic submission of an instrument

        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 by electronic submission, if it is an 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 shall ensure that all information entered for the purpose of electronic submission of an instrument is entered in accordance with data entry rules as set by the registrar.

             (4)  Notwithstanding subsection (1), instruments greater than 8 1/2 inches x 14 inches in size shall be filed with the registry in paper format.

Priority of registration

        4. (1) An instrument electronically 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 electronically submitted will be reviewed for compliance by the registry and where an instrument is rejected for non-compliance by the registry, the instrument will be returned to the authorized user.

             (3)  Notwithstanding subsection (1), an 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 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.

Instruments that are part of a group

        5. (1) Where an authorized user electronically submits a group of instruments to be registered in a particular sequence, the authorized user is responsible for ensuring that the instruments are registered in the proper order.

             (2)  If one or more of the instruments submitted under subsection (1) are rejected for non-compliance by the registry, then all the instruments that form part of that group shall be rejected.

             (3)  Each instrument in a group is considered to be a separate instrument and a fee is payable for each instrument.

             (4)  Notwithstanding subsection 3(1), a group of instruments that has more than 5 instruments shall be filed with the registry in paper format.

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 scanned instruments in a specific format.

Category of persons

        7. (1) The registrar may approve the following categories of persons for electronic submission 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.

             (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 the electronic image of the instrument that is electronically submitted.

             (4)  An authorized user who electronically submits an instrument must retain the original or a true copy of the executed instrument and must 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.

Licensed users

        8. (1) The registrar may approve a person or category of persons to conduct unlimited online searching and viewing 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.

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.

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 property location;

             (c)  may have supporting affidavits attached; and

             (d)  may contain information with respect to a related registered 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.

Errors in registration details

      11. Where an authorized user is aware that there is an error in the registration details of an instrument, then the authorized user shall file an amendment.

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

             (a)  fully and accurately completed; and

             (b)  legible.

             (2)  Information set out in the RAF will be the only information used for the purposes of recording registration particulars.

             (3)  An instrument submitted in paper format must be an original.

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.

Admissibility of documents

      14. A copy of a registered instrument certified by the registrar is admissible in evidence in a court proceeding to the same extent as the original would have been admissible.

Commencement

      15. These regulations come into force n December 13, 2010.

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