Replacement Plans – Forms Steps

In a phased development, the developer divides the establishment of the condominium into two or more phases.  The developer has reserved the right to build additional phases by providing security (bond or letter of credit) and registering an interest called a developer’s reservation.

Under The Condominium Property Act, 1993 (“the Act”), the developer can proceed with the next phase of development by having a replacement plan prepared.  The plan must be submitted and approved under The Land Surveys Act, 2000.   When that plan is approved, the developer is in a position to apply for titles for the new units created by the phase. 

This guide will help you prepare a packet for titles pursuant to a replacement plan for a phased development.

In most cases, preparing Land Registry packets for Replacement Plans can be submitted more quickly and efficiently though Online Submission (OLS). To realize the benefits access our Replacement Plans (OLS) page. If your packet contains more than 100 applications, please contact 1-866-275-4721 before using Online Submission.

For more detailed information on replacement plans, visit our Replacement Plans page.

Step 1: GETTING READY

REPLACEMENT PLAN REQUIRED

A plan is required for each phase after the initial phase. This is the “replacement plan”. The developer must have such a plan prepared and then have it approved by Plan Processing. This situation may be considered to be a “transform."

Once a plan has been approved and a Transform Approval Certificate (TAC) has been issued, the developer is in a position to have titles issued for the units as created by the plan. At the same time, the developer also applies to cancel any titles to existing units and set up titles again based on the new plan number (the number of the replacement plan). To obtain the titles, an application is made to Land Registry. Applications to set up titles for condominiums may now be done online using our Online Submission Tool (OLS). A Standard Unit Description must also be included with an application to obtain titles.


PLANNING FOR FUTURE PHASES
If after the phase represented by this replacement plan, the developer plans to build an additional phase or phases, the packet must include an application to register an interest based on a developer’s reservation. This reserves to the developer the right to build additional units and facilities.

To obtain a developer’s reservation, the developer must address the issue of providing security for the completion of the additional units and common property in the phased development. In certain circumstances, security may be waived – see requirements as set out in the regulations.

Upon the recommendation of the Registrar, the minister responsible for the Act will either certify that security has been provided, or endorse a waiver of the requirement to obtain security.

The following documents, available in the regulations pursuant to the Act, must be provided to the Registrar:
  • Form J – Declaration of Developer (Additional Units and Additional Common Facilities). Plus sketch plan showing that common property is promised, or such property has been completed, or that no common property was promised.

and

  • Form K – Certificate of Cost. Describes common facilities and additional units to be completed, as well as cost for each item. This must be signed by an engineer, architect or appraiser under seal.
  • Bond (Form E) or Letter of Credit. The security must be in the amount specified in section 17 of the regulations. If a letter of credit is provided, it must meet specific requirements of the Land Registry. For more information about these requirements, please contact the Office of Public Registry Administration.

    or

  • Certificate of an architect/engineer/appraiser regarding the cost of completing the additional units, common property and common facilities described in Form M. If security was provided when titles were issued pursuant to a previous plan or replacement plan, a waiver of the requirement for security may be possible.

or

  • Form M – Certificate of Completion. Signed by an architect, engineer or appraiser, under seal and indicating common property and additional units as described in Form M declaration are complete.

or

  • Certificate of an architect/engineer/appraiser that indicates no common property was promised.

Please send the applicable documents to the Office of Public Registry Administration.



The minister will endorse the Declaration (Form J) with a certificate of acceptance if the minister is satisfied that the developer has obtained sufficient security or with a waiver of the requirement to obtain a security, if this is warranted.

You will use the endorsed Form J Declaration to register an interest based on a developer’s reservation.

CORPORATION MUST CONSENT

The condominium corporation must consent to issuance of titles pursuant to the replacement plan. This is done by a board resolution. The developer must complete Form X of the regulations under the Act. This form (Request for Titles Pursuant to a Replacement Plan) includes a certificate to be completed by a member of the board that states that the corporation does not oppose the issuance of titles. Note also where new common property or service units are created, the corporation must also provide its consent using Form NN.

The certificate of the board member is authorization for surrendering all the current unit titles and the setting up of the titles under the approved replacement plan. If the corporation does not provide this consent, the developer may need to bring a court application under section 20 of the Act.

Step 2: MEETING THE TIMELINE

You are now ready to apply for titles to the replacement plan – but you need to be aware of any time constraints that apply. To proceed with this current phase, the developer had to register a developer’s reservation when titles were issued to the previous phase. From that date of registration, the developer has two years to obtain titles to this phase.

The time period can be extended if the developer obtains permission from the condominium corporation under section 19 of the Act, or obtains a court order under section 20.

Step 3: SEARCHING THE TITLES

You will need to search some of the titles to the existing units. The reason is to determine any interests that are common to all the owners, rather than specific to the title. Examples of such interests would be a lease of the common property or an interest based on an easement for the condominium parcel.

Once you determine all such interests, they must be listed on a document called "Schedule of Interests Affecting All Owners" or “Interest Analysis.” When processing your packet, we will use this schedule to carry those interests forward to the new units of this phase. Typically this form will be prepared by title processing staff and returned along with the approved plan materials. It must be resubmitted when application is made for issuance of titles.

If you need assistance or have questions about interests that affect all the owners, please contact our Customer Support team.

Step 4: DOWNLOADING THE FORMS

You will need some or all of these forms, which can be obtained from the following links:
- Condominium Packet Cover Page
- Application for Interest Discharge (PDF)
- Application for Condominium Ownership Register Setup (PDF)
- Application for Transfer (Part I: Surrender) (PDF)
- Application for Transfer (Part II: Setup) (PDF)
- Application for Interest Registration (PDF)
- Form X*
- Schedule of Events*
- Schedule of Interests Affecting All Owners or Interest Analysis*
Authorizations (must have one of the authorizations listed below):
- One Individual Signing | PDF | WORD
- Two Individuals Signing | PDF | WORD
- Corporate with Seal Affixed (One Officer) | PDF | WORD
- Corporate with Seal Affixed (Two Officers) | PDF | WORD
- Corporate without Seal Affixed (One Officer) | PDF | WORD
- Corporate without Seal Affixed (Two Officers) | PDF | WORD
- Alternate Authority Authorizations (signing on behalf of registered owners)
- Alternate Corporate with Seal Affixed | PDF | WORD
- Alternate Corporate without Seal Affixed | PDF | WORD
Affidavits:
- Condominium Affidavit of Value (PDF)
and when applicable:
- Standard Unit Description  | PDF | WORD 
- Information to Update Condominium Corporation Number (PDF)
- Additional Condominium Ownership Register Setup (PDF)
- Title Print Request (PDF)
- Begin Attachment Sheet (PDF)
- Affidavit for Reduced Fee Transaction | PDF | WORD

Additional Forms*

The Queen's Printer provides access to forms under The Condominium Property Regulations, 2001. These forms can be found here. See below for what may be required upon submission.

Step 5: COMPLETING THE FORMS

When the proper forms are completed and assembled, they form a packet. When a packet is submitted to Land Registry and successfully registered, titles are issued to the units that will exist as a result of the replacement plan.

Here are some special instructions for completing these forms for a Replacement Plan (Phased Development) Condominium transaction:

A. Application for Interest Discharge

This form is used to discharge the existing developer’s reservation.
 
Interest Type – Enter the type: “ Condominium Property Act - Developer’s Reservation”
Interest Register Number – Enter the IR number for the developer’s reservation to be discharged.

B. Interest Authorization

The holder of the interest must consent to the discharge of the developer’s reservation. In most cases, the holder will be the developer.

Name – As it appears on the interest being discharged, or name of corporate signing officer.

Position – If signee is a corporate signing officer.

Corporation – Enter the name of the holder exactly as it appears on the interest being discharged.

Full Discharge of Interest Register Number – Check this box and insert the IR number.

Date, Signature – Have holder complete.

Witness Sections – Have the witness sign and print his or her name below the signature. If the witness is a Saskatchewan lawyer, check the applicable box. Otherwise, the witness will need to complete the section titled Affidavit of Execution.

If the holder is a corporate entity, the signature of the signing officer may be accompanied by a corporate seal. No witness is then required. If the officer executing the authorization does not seal the authorization with a corporate seal, he or she must complete the section titled Affidavit Verifying Corporate Signing Authority, and his or her signature must also be witnessed by a witness.

If the affidavit of execution is sworn or affirmed outside Saskatchewan, please see section 24 of The Land Titles Regulations, 2001.

 C. Application for Transfer (Part I – Surrender)

 Use this form to surrender the titles to the existing units in the condominium and authorize the transform.

Complete Section A only – Insert the 9-digit transform number located on the TAC.

D. Authorizations and Schedules to be attached to Application for Transfer (Part 1 – Surrender)

To surrender the titles to the existing units, you must include the appropriate authorizations and schedules:

Form X (Request for Titles Pursuant to the Replacement Plan) – Complete this form as required. The developer will complete the first portion, including the "Schedule of Units", which lists the old unit numbers and corresponding new unit numbers, and unit factor for each. A member of the board must complete the certification portion.

Schedule of Interests Affecting All Owners or Interest Analysis – This list should indicate the IR number, type of interest, registration date and holder of interest. This will be used to carry interests that affect all the units to the new units in this phase. ISC staff will assist in the completion of this document.

E. Affidavit of Value

An Affidavit of Value must indicate the Transform Number and the fair market value of both the existing units and the new units created by the replacement plan.

There is no standard Affidavit created for this purpose, but the Condominium Affidavits of Value may be modified for this purpose. Please contact our Customer Support Team if you need further assistance.

The Affidavit of Value forms part of the surrender application and follows the documents above.

F. Designation of Parking

Form F.1 (Designation of Parking) This form allocates parking spaces or units to residential units in condominium developments.

Condominium Plan No.  – Enter the nine-digit plan number located on the TAC

Residential Unit Number – Insert the unit number for all the units to be designated a parking space or parking unit

Type of Parking
– Select the type of parking to be utilized in the development

Parking Designation – Enter the unit or space number (eg. p1) for each residential unit

Parking areas or garage – Use this section where each residential unit has a garage or parking area included

G. Application for Condominium Ownership Register Setup

This form sets up the ownership register for all the units that are created by this phase and previous phases. There is no submission fee for this application and no fee to set up the register.

Initial Setup of Condominium/Phased Condominium Development – Check this box.

Transform Number - Insert the 9-digit transform number, which you can find on the TAC.

Parcel Number - Insert the 9-digit parcel number under the column “New Parcel(s)” on the TAC.

Unit Number – Insert the unit numbers for all the units pursuant to the replacement plan.

Unit Factor – Insert the unit factor for each unit.

Unit Value – Enter the value of the unit.

If you require more space, please use the Additional Condominium Ownership Register Set-up form.

H. Information to Update Condominium Corporation Number

At the Corporate Registry, the condominium corporation number is linked to the current plan number. Since the replacement plan replaces the current plan, the plan number changes, and the records at the Corporate Registry must be updated. To facilitate this, the Land Registry will provide this form to the Corporate Registry.

This form should be placed following the Application for Condominium Ownership Register Setup.

Section 1: Entity Details – Enter the entity name and entity number.

Previous Plan Number – This is the number of the current condominium plan (which is being replaced
by the newly approved replacement plan).

Section 2: Plan Number – Enter the plan number of the previous plan and the replacement plan, located on the TAC.

NOTE: Please attach a copy of the Transform Approval Certificate (TAC) behind this form.

I. Standard Unit Description

This completed form will be reviewed and forwarded to the Corporate Registry upon completion of the transform packet. It must be included for all replacement plans that create units for residential purposes.

Part A Purpose – Please indicate whether this form is submitted upon the issue of first titles to condominium property or is submitted by way of condominium corporation bylaw amendment.

Part B Standard Unit Description – Please indicate which items are included in accordance with s. 11 of The Condominium Property Regulations, 2001. For each, the first box must be completed even if nothing is included. The second box is optional.

Part C Submitting Party – Please check as appropriate.

J. Application for Transfer (Part II – Set Up)

Use this form to set up titles to the existing units in the condominium, as well as the new units created by this current phase. You will need one application for each unit, if the unit is held by a single owner or by joint tenants. If the unit is held by tenants-in-common, you need a separate set up application for each owner.

In setting up titles for units that currently exist, be sure to use the correct information – remember that the owners, ownership structure, etc. do not change.

When setting up titles for the new units in this phase, they must initially be set up in the name of the developer. This is a legislative requirement under clause 23(3)(f) of the Act. This must be done even if some or all of the units have been pre-sold.

New Parcel Number – Insert number of the parcel listed under new parcel(s) on the TAC.

Transform Number
– Insert transform number.

Condo Unit Number
– Enter the number of the unit you wish to set up on this application.

New Owners box
– Check the applicable box for form of ownership structure.

Fractional Title Share - Represents the title share in the parcel.

New Title Value – Fair market value of title.

Section A – New Owner – Complete this section if the new owner already has a client number in our system. For existing units, the owners will have a client number that appears on their old title.

Also remember that the client number and client name (spelling) must be an exact match, or the application to set up this title will be rejected.

In setting up title to new units in the name of the developer, remember that if the developer is a corporate entity, you must use a client number that is linked to its Corporate Registry (COBRA) entity number. A corporate entity must be registered to carry on business in Saskatchewan, and owning land is “carrying on business”. To obtain the COBRA-related number, contact our Customer Support Team at (306) 787-2962.

Registration Conditions – As a general rule, any interests registered against the existing unit will automatically carry forward against the new title being created for that unit. Check “no conditions” if you will accept the new title subject to any interests registered against the existing title at the time that this application is being processed. Complete “conditional registration” if you will accept new title subject only to interests that existed on the old title as of the specified date and time. Or choose “free and clear” if you will accept a new title only if it will show no interests at all. Note that if these last two types of registration conditions cannot be met by the system, the application will be rejected.

NOTES:

  • For the new units for which no previous titles exist, you must choose “no conditions”.
  • You must also remember to prepare title set-up applications for all units, existing and new.

K. Title Print Request (optional)

Use this form to order a copy of the title print. The submitting party can order a title print by completing the first section. Send title prints to other persons, by completing the other sections of the form. Include a separate Title Print Request form behind each set up application for which you would like a title print.

For each title print, there is a fee, plus a delivery fee. An “official” title print is printed on ISC security paper and is available only if the title print is ordered by mail.

Instead of ordering title prints, you can also print these from the ISC website after the packet has registered. You will be charged a title print fee, but no delivery fee.

L. Application for Interest Registration

You have two options if you are required to register a developer’s reservation.

  1. You can place your interest registration application prior to the Application for Transfer (Part I: Surrender). In that case, you register the interest against the source parcel, and pay the registration fee applicable. When the unit titles are created, the interest registration automatically carries forward to the new titles. This may result in reduced fees. Or
  2. You may insert the application after the title set-ups for existing and new units – this results in an interest registration fee being applied to each title issued.

If you register your interest prior to the surrender application, you can use the instructions below, but:

  • Change the Application Sequence Number as required; and
  • Attach the interest to the source parcel number as found on the TAC, not the new parcel number.

If this phased development involves another phase or phases, you must register an interest based on a developer’s reservation to protect the developer’s right to build those additional units and common facilities.

IMPORTANT STEP
There may be interests that affect all the existing units, e.g. lease of common property, mortgage that affects the entire parcel, etc. If these interests are already on titles to existing units, they need to be carried forward to the new units. In this case, we will prepare the necessary applications for you to insert in the packet.

You will not be charged fees for this preparation. When the packet is processed, the usual registration fees will be charged for these applications, but you may apply for a refund after. Please call Customer Support for more information about fee refunds.

To obtain these applications, do the following:

1. Provide your Application for Transfer (Part I – Surrender) and authorizations and schedules (including Schedule of Interests Affecting All Owners/Interest Analysis) to:

The Registrar of Titles
Office of Public Registry Administration
920 - 1801 Hamilton Street
Regina, SK
S4P 4B4
Fax: 306-787-5830

2. Include a request that we prepare the application(s) to register any interests that affect all the owners.

3. Our staff will require seven (7) working days to prepare any Application(s) for Interest Amendment required. We will provide these applications to you by regular mail, fax, or e-mail (please indicate choice).

4. Include these applications in the packet, inserting them after the set-up applications you have prepared.

M. Condominium Packet Cover Page

 When you have completed all the necessary forms, and obtained all the required applications, complete the Condominium Packet Cover Page as follows:

Packet Sheet Count – Enter the total of all the pages in the packet, including the Cover Page.

Application Count – Enter the total number of applications submitted in the packet. An application is every sheet with a bar code. Do not include the Packet Cover Page.

Section A – If as the submitting party, you already have a client number, complete this section only. Insert your client number, your internal client reference number (optional), account number and account password. (If you do not have a client number, please complete Sections B and C.)

Keep track of the bar code number on the Condominium Packet Cover Page. You will use this number to track your packet or check on its status. As the bar code number is unique, you cannot re-use a Packet Cover Page.

Step 6: ASSEMBLING THE PACKET

 The packet you assemble will typically involve the applications discussed above, and in this order:

1. Condominium Packet Cover Page

2. Application for Interest Discharge

  • Interest Authorization

3. Application for Transfer (Part 1 - Surrender)

  • Form X, with Certificate of Board Member
  • Schedule of Units Schedule of Interests Affecting All Owners or Interest Analysis (to be prepared by Land Registry and provided to you for inclusion in packet)
  • Affidavit of Value
  • Information to Update Condominium Corporation Number
  • Transform Approval Certificate (TAC)
  • Standard Unit Description (SUD) if applicable
  • Form J (Endorsed Declaration of Developer) if applicable

4. Application for Condominium Ownership Register Setup

  • Additional Condominium Ownership Register Setup forms, as required
    + other set-up applications as required

5. Application for Transfer (Part II – Set Up)

  • Title Print Request (optional)
    + other set-up applications as required

6. Application for Interest Registration (if development involves another phase)
  • Begin Attachment Sheet
  • Form M with sketch plan
Note: You can either register an interest based on a developer’s reservation in this order or register it prior to the surrender application. Please see section "J. Application for Interest Registration" for more information. 

7. Application for Interest Amendment (to be prepared by Land Registry and provided to you for inclusion in packet) 

  • Interest Authorization

 8. Application for Parking Interest Registration

  • CPA - Parking Designation
  • Begin Attachment Sheet
  • F.1 Form Designation of Parking

Step 7: SUBMITTING THE PACKET

​Please do not submit original documents, as any rejected packets are not returned to you. If faxing the packet, please ensure that the forms will be legible when faxed to us. All methods of submission accept only 8 1/2" by 11" letter-sized paper.
Fax:
Email:
Mail:
(306) 798-1525
[email protected]
ISC eBusiness Services Centre
1301 1st Ave
Regina, SK
S4R 8H2