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.
- 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
- 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.