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Copyright © 2012: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 55/12

NEWFOUNDLAND AND LABRADOR
REGULATION 55/12

Registration of Deeds Regulations (Amendment)
under the
Registration of Deeds Act, 2009

(Filed June 27, 2012)

Under the authority of section 38 of the Registration of Deeds Act, 2009, I make the following regulations.

Dated at St. John’s, June 8, 2012.

Paul Davis
Minister of Service Newfoundland and Labrador

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.3 R&S
Electronic submission

        3.   S.4 R&S
Priority of registration

        4.   S.5 R&S
Group of instruments or notices of instruments or both

        5.   S.6 Amdt.
Requirements on authorized users

        6.   S.7 Amdt.
Category of persons

        7.   S.8 Amdt.
Licensed users

        8.   S.10 Amdt.
Notice of mortgage

        9.   S.11 R&S
Errors in registration details

      10.   S.12 R&S
Paper format registration

      11.   S.14 R&S
Admissibility of documents

      12.   Commencement


NLR 110/10
as amended

        1. (1) Paragraph 2(a) of the Registration of Deeds Regulations is repealed and the following substituted:

             (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;

             (2)  Paragraph 2(c) of the regulations is repealed and the following substituted:

             (c)  "division" means the Commercial Registrations Division of Service Newfoundland and Labrador;

             (3)  Paragraph 2(d) of the regulations is repealed and the following substituted:

             (d)  "electronic submission" means submission of an instrument or notice of instrument for registration using the CADO system; and

             (4)  Paragraph 2(e) of the regulations is repealed and the following substituted:

             (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.

 

        2. Section 3 of the regulations is repealed and the following substituted:

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.

 

        3. Section 4 of the regulations is repealed and the following substituted:

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.

 

        4. Section 5 of the regulations is repealed and the following substituted:

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.

 

        5. Subsection 6(2) of the regulations is repealed and the following substituted:

             (2)  The registrar may require an authorized user to submit information and electronic images in a specific format.

 

        6. (1) Subsection 7(1) of the regulations is repealed and the following substituted:

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)  Subsection 7(3) of the regulations is repealed and the following substituted:

             (3)  An authorized user is responsible for the creation, quality and completeness of the RAF and any image that is electronically submitted.

             (3)  Section 7(4) of the regulations is repealed and the following substituted:

             (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.

 

        7. Subsection 8(1) of the regulations is amended by deleting the word "instruments" and substituting the words "instruments and notices of instruments".

 

        8. Subsection 10(1) of the regulations is repealed and the following substituted:

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.

 

        9. Section 11 of the regulations is repealed and the following substituted:

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.

 

      10. Section 12 of the regulations is repealed and the following substituted:

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 he or she 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.

 

      11. Section 14 of the regulations is repealed and the following substituted:

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.

Commencement

      12. These regulations come into force on July 1, 2012.