Q.  What is the Saskatchewan Writ Registry? 
 
A.  The Saskatchewan Writ Registry is a database established under section 161 of The Land Titles Act, 2000 that contains writs of execution and maintenance orders. It replaces the General Record of Saskatchewan Land Titles offices with respect to writs and maintenance orders. Under the Act, all writs and maintenance orders must be registered in the Saskatchewan Writ Registry to affect land in Saskatchewan. 
 
Q.  When and where did the Saskatchewan Writ Registry come into effect? 
 
A.  The Saskatchewan Writ Registry came into effect for the entire province on June 25, 2001. After that date, no writs or maintenance orders can be registered in a General Record. 

Q.  How do I submit a writ of execution, a maintenance order or maintenance writ to the Saskatchewan Writ Registry?
 
A.  The Saskatchewan Personal Property Registry (SPPR) serves as the central point of registration for the Saskatchewan Writ Registry.  Once a writ or maintenance order is registered in the SPPR it will be downloaded into the Saskatchewan Writ Registry.  The execution creditor or the sheriff on the instruction of the execution creditor may register a writ of execution in the SPPR. The claimant or the Director of Maintenance Enforcement register a maintenance order in the SPPR.  You should request a Registration Identification Number (R.I.N.) at the time of registration to provide additional security for your registration.  If you have any questions, please contact the Saskatchewan Personal Property Registry at (306) 787-6787.

Q.  What are the collateral descriptions that I should enter for writs of execution and maintenance orders?
 
A.  Effective June 25, 2001, all new writs of execution bind both goods and lands within the province.

• If you wish to register a provincial writ of execution or a maintenance writ of execution, the general collateral description should be for all goods and lands within the province of Saskatchewan. 
• If you wish to register a maintenance order, the general collateral description should be for all lands within the province of Saskatchewan. 
• If you wish to register a federal writ of execution, the general collateral description should match the writ as issued.

Q.  What happened to writs of execution and maintenance orders that were registered in the General Record prior to June 25, 2001? 
 
A.  All writs and maintenance orders, from every General Record across the province, were moved to the Saskatchewan Writ Registry effective June 25, 2001. They do not need to be re-registered through the Saskatchewan Personal Property Registry. 
 
However, any writs of execution that were registered only in the SPPR do not form part of the Saskatchewan Writ Registry unless they are registered there subsequent to June 25, 2001. 
 
Q.  What is the effect of having a writ or maintenance order that was registered prior to June 25, 2001? 
 
Under the former Land Titles Act, writs and maintenance orders that were registered in the General Record bound and formed a lien and charge on all the lands of which the debtor may be or become registered owner within the land registration district of the relevant General Record. Since those writs and maintenance orders already bound land in the name of the debtor, whether or not they were registered against the title of the debtor, they must be registered against the title of the land that was bound. Therefore, when a title is converted to electronic format, the Saskatchewan Writ Registry is searched. If a writ or maintenance order is registered in the Saskatchewan Writ Registry with the name of the debtor or respondent that exactly matches the name of an owner on a title, that writ or maintenance order is registered against the converted title as the next charge. 
 
Q.  What is the effect of registering a writ of execution or maintenance order in the Saskatchewan Writ Registry after June 25, 2001? 
 
A.  Neither a writ of execution nor a maintenance order that is registered after June 25, 2001 has any effect on a title or an interest owned by an execution debtor or respondent until it is registered against the title or interest. See below for a description of how it is registered against a title or interest.  
 
Q.  How is a writ or maintenance order registered against a title or interest in the new system? 
 
A.  Two part answer:

a) Automatic attachment (auto-attach): 
 
Whenever a new title or interest is registered and the name of the owner or interest-holder exactly matches the name of a debtor or respondent in the Saskatchewan Writ Registry, the writ or maintenance order will automatically be registered against the title or interest as the first charge. 
 
b) Requested attachment: 
 
At any time, the execution creditor or claimant, or someone on their behalf, can search the registry to determine what titles or interests the execution debtor or respondent holds. The creditor can apply to register the writ or maintenance order against any title or interest that he or she chooses, whether or not the name of the title owner or interest-holder is an exact match or any match to the name in the Saskatchewan Writ Registry. This is accomplished by using the Writ or Maintenance Order Registration form, available at the ISC Web site (www.isc.ca).  

Q.  What does "exact match" mean for auto-attach? 
 
The computer will attach a writ of execution or maintenance order if the name in the writ registry matches the first two given names and the surname, or the corporation name, character for character. This means that spaces that are inserted or omitted can affect whether there is an exact match, as can punctuation variations, such as the use of a hyphen. 

Q.  How is a writ or maintenance order that was registered prior to June 25, 2001 discharged from the Saskatchewan Writ Registry? 
 
A.  For writs, the sheriff or execution creditor must register a discharges in the Saskatchewan Personal Property Registry, using the Saskatchewan Writ Registry Number. The number can be obtained through a search of the Saskatchewan Writ Registry. This will discharge the writ from the Saskatchewan Writ Registry. If the writ is against goods it will need to also be discharged from the Saskatchewan Personal Property Registry as well using the SPPR registration number. For maintenance orders that have registered since the creation of the Maintenance Enforcement Office in 1986, the Director of Maintenance Enforcement must register the discharge in the SPPR. This is the case even though the maintenance order is registered only in the Saskatchewan Writ Registry and not the Saskatchewan Personal Property Registry, because the SPPR is used as the registration mechanism. 
 
It is advisable to consider obtaining a RIN (registration identification number) from the SPPR for writs registered both prior to and after June 25, 2001, to guard against unauthorized discharge.  

Please Note: Currently the Maintenance Enforcement Office is the only client who can setup, amend, and discharge maintenance orders, however, some maintenance orders still exist that were registered prior to the creation of the Maintenance Enforcement Office in 1986. The Maintenance Enforcement Office cannot discharge maintenance orders registered prior to 1986. If you have a maintenance order from prior to 1986, please contact ISC to determine how it can be discharged.

Q.  How is a writ or maintenance order that was registered after June 25, 2001 discharged from the Saskatchewan Writ Registry? 
 
A.  For writs, the sheriff or execution creditor must register the discharge in the Saskatchewan Personal Property Registry. This will discharge the writ from the Saskatchewan Writ Registry and the SPPR. If the Saskatchewan Personal Property Registry issued a RIN (registration identification number), then the RIN holder must register the discharge. 
 
For maintenance orders, the Director of Maintenance Enforcement must register the discharge in the Saskatchewan Personal Property Registry. 
 
Q.  How is a writ discharged respecting a particular debtor? 
 
A.  The sheriff or execution creditor must register a discharge in the Saskatchewan Personal Property Registry removing the name of the particular debtor. If the SPPR issued a RIN, then the RIN holder must register the discharge. 
 
Q.  What happens if a partial withdrawal of a writ has been filed in the General Record prior to June 25, 2001? 
 
A.  If there is an exact match, the writ will auto-attach when the title is converted. 
 
When writs and maintenance orders were converted to the Saskatchewan Writ Registry, a record of any partial withdrawal that was in the General Record was noted on the entry for the writ. The debtor can use a print out of that writ detail, along with an affidavit stating that the writ was partially withdrawn with respect to the particular land in question prior to implementation, as authorization to discharge the writ from the converted title. 
 
Q.  What is the effect of discharging a writ or maintenance order from the Saskatchewan Writ Registry? 
 
A.  The writ or maintenance order will become "inactive" in the Saskatchewan Writ Registry and: 
i)   Will no longer automatically attach to any titles or interests; 
ii)   Will be ineligible to be attached by request to any titles or interests; and 
iii)  Will be withdrawn from any title or interest to which it has previously attached in implemented offices. 
 
Q.  How is a writ or maintenance order discharged from a title or interest? 
 
A.  The interest holder submits a Discharge of Interest form, available from the ISC Web site (www.isc.ca). The form must specify the interest number of the writ or maintenance order as it relates to the specific title or interest from which it will be discharged. The execution creditor or sheriff completes the authorization for the discharge of a writ. The authorization for the discharge of a maintenance order is completed by the Director of Maintenance Enforcement. 

Q.  What does a person do if a writ or maintenance order affecting somebody else is registered against a title or interest? 
 
A.  The person against whose title or interest a writ or maintenance order has attached can submit an Application for Interest Discharge form, using an Affidavit of Identity for Summary Discharge form as the authorization. Both forms are available at the ISC Web site (www.isc.ca). 
 
If the writ or maintenance order auto-attached to a previous owner, who was not the debtor named in the writ or maintenance order, that person should complete the affidavit with suitable modifications, swearing that he or she was not the debtor named in the writ or maintenance order. 
 
Q.  How do I search the Saskatchewan Writ Registry? 
 
A.  Searches for writs of execution and maintenance orders take place through the Internet, even in areas of Saskatchewan in which The Land Titles Act, 2000 has not been implemented. 
 
Writs and maintenance orders may be searched by using the LAND System Writ Registry number, the Land Titles registration number (that is, the instrument number from the old system) or by the name of the debtor or respondent. It is also possible to request searches of a name similar to the debtor's or respondent's, as determined by the automated program (by clicking on "Include names that are similar in spelling") or by the use of "wildcards" to broaden the search.
 
Some tips for conducting a search of the Saskatchewan Writ Registry include:

• If using the "Given name" field, you must use the first name only; 
• Do not enter a middle name. If both a first name and a middle name are entered, the search will yield no results. This is the case even if there is a writ registered against a debtor under both the first and middle names.
• Do not type in any spaces following the given name (if used), and do not type in any spaces following the family name unless you select "Include names that are similar in spelling".  The use of spaces will prevent matches from occurring; 
• The Saskatchewan Writ Registry will display no more than two given names; 
• The Saskatchewan Writ Registry will only display 75 characters in the debtor's name; if the debtor's name contains more than 75 characters, select "Include names that are similar in spelling".

Q.  How do I get a General Record certificate for use in court? 
 
A.  There are no longer "General Record" certificates under The Land Titles Act, 2000. However, to provide proof of what writs of execution or maintenance orders are registered against a particular person, go to a Customer Service Centre or call 1-866-ASK-ISC1 (1-866-275-4721). Request the search to be conducted in the exact name of the relevant party, and request "manual certification" of the list of writs.  

Q.  In what circumstances will the Land Registry be liable for errors? 
 
A.  Section 84 of The Land Titles Act, 2000 outlines the situation in which the Land Registry will pay compensation. It includes: 

a)  where a registration was made by the registrar that was not authorized by the act;
b)  where the registrar has omitted to make a registration as required by the act; and
c)  where the registrar has made any other error or omission in the performance of a duty or function pursuant to the Act not mentioned in clause (a) or (b). 

Therefore, if you conduct a search using the proper search parameters, and the result is incomplete or inaccurate, you will be able to claim compensation for any loss resulting from reliance on that search. 
 
Likewise, if you attempt to register a writ of execution or maintenance order, and the registration does not comply with the instructions provided, you will be able to claim compensation for any loss resulting from the incorrect registration. 
 
Finally, if your writ gets registered against a title or interest that was not authorized by the Act, that is, not automatically attached according to the legislation or not attached as requested by the customer, you will be able to claim compensation for any loss resulting from the omission. 
 
Note the following exceptions:  

• Clause 85(f): compensation is not payable if a writ or maintenance order does not automatically attach to a title or interest due to the fact that the name of the registered owner or interest holder is different in any way from the name by which he or she is shown in the Saskatchewan Writ Registry; 
• Clause 85(g): compensation is not payable for loss suffered by a person against whose title or interest a writ or maintenance order is registered when that person is not the person named in the writ or maintenance order.