Termination of Condominium Status – Forms Steps

The approval of a condominium plan and issuance of titles are required to create a condominium. But occasionally, there may be good reason to terminate the condominium status of the buildings or lands involved. This is permitted by Part VIII of The Condominium Property Act, 1993 (“the Act”).

While condominium status is being terminated, the corporation may also, by unanimous resolution, decide to transfer the whole of the parcel or any part of the parcel (sections 88, 88.1, and 89). The latter process may require a new plan.

This guide is intended to assist by outlining the steps that are required to be taken in terminating condominium status.

This guide will help you in applying for titles pursuant to an approved plan for a phased condominium development through forms.

In most cases, preparing Land Registry packets for Termination of Condominium Status can be submitted more quickly and efficiently though Online Submission (OLS). To realize the benefits, access our Termination of Condominium Status (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 phased condominium development visit our Termination of Condominium Status page.

Step 1: GETTING READY

A. GIVING NOTICE OF TERMINATION

Once there is a unanimous resolution or court order to terminate condominium status, the first step is to given notice immediately to the Corporate Registry and the Controller of Surveys – clause 87(1)(b) of the Act. The condominium corporation must complete Form JJ – Notice of Termination of Condominium Status. The form is prescribed, and a certified copy of the resolution or court order must be attached.

To send copies of the Notice and resolution/court order please contact our Customer Support Team for the delivery addresses for The Corporate Registry and the Controller of Surveys.

B. REGISTERING AN INTEREST

The corporation must also register an interest based on the Notice of Termination (Form JJ) against the units in the condominium plan.

To prepare the application, download these forms from the following links:

- Condominium Packet Cover Page
- Application for Interest Registration (PDF)
- Begin Attachment Sheet (PDF)

Complete the forms and assemble packet as follows:

1. Condominium 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.)

2. Application for Interest Registration
Application Sequence Number – Insert “1”.

Interest Type – Enter the type: “ Condominium Property Act – Notice of Termination”

No conditions – Check off this box.

Attach Interest to - Enter the parcel number for the condominium parcel; the interest will carry forward to all titles associated with the parcel.

Fractional Title Share – Enter “1/1” for one holder.

Section A – Interest Holder – Insert the correct client number and name of the holder. The holder will be the condominium corporation.

3. Begin Attachment Sheet
This form should be followed by these documents which can be found on the Queen's Printer website.

  • Notice of Termination of Condominium Status
  • Unanimous resolution or court order

NOTE: Please do not submit original documents to the Land Registry.

The packet may be submitted using any of the methods described at the bottom of this page in the “Submitting the Packet” step.

C. APPLICATION TO PLAN PROCESSING

The condominium parcel must be “transformed” and a new parcel number issued. This requires an application to Plan Processing.

If a survey plan already exists for the parcel, you can apply to revive this previous plan of survey. If there is no plan that describes the whole of the condominium parcel as it now exists, you must submit a new plan of survey for approval. Check with Plan Process as to which situation applies for you.

When the application is approved, Plan Processing will issue a Transform Approval Certificate (TAC). The TAC will list the source condominium parcel and the new non-condominium parcel. You then apply to the Land Registry for title to this parcel.

Step 2: APPLYING FOR TITLES - 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 Transfer (Part I: Surrender) (PDF)
- Application for Transfer (Part II: Setup) (PDF)
Affidavits:
- Transform Affidavit of Value (PDF)
and when applicable:
- Title Print Request (PDF)
- Begin Attachment Sheet (PDF)

Additional Forms

The Queen's Printer provides access to all forms under The Condominium Property Regulations, 2001. These forms can be found here.

Step 3: COMPLETING THE FORMS

Here is a step by step guide of special instructions for completing these forms to Terminate Condominium Status.

A. Application for Transfer (Part I – Surrender)

This form and its attachments are used to surrender the titles to the units that existed under the condominium plan.

Application Sequence Number – Usually, the surrendering of the source title(s) is the first step in this type of packet, so insert “1” here.

Application Sheet Count – Includes this page and the supporting authorization documents.

Complete Section A (Transform Number) only – Insert the 9-digit transform number, which you can find on the Transform Approval Certificate. This form should be followed by:

  • a copy of the Notice of Termination of Condominium Status (Form JJ);
  • a copy of the resolution/court order
  • completed schedule of units and owners to be converted

 

B. Affidavit of Value (Transform)

Complete a Transform Affidavit of Value for the new parcel being created. Any person with knowledge of the fair market value of the parcel may complete an Affidavit.

The Affidavit forms part of the surrender application. Insert it behind Form JJ and the resolution/court order.

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

This form is used to set up the title(s) to the new non-condominium parcel. The owners of the previous units are entitled to an ownership share of common property as tenants in common in the shares proportional to the unit factor for their unit. For example:

Example 1: Frances owned Unit 5, which had a unit factor share of 1,000. For the new non-condominium parcel, she will be a tenant in common with a 1/10 ownership share.

Example 2: Joe and George owned Unit 1 as joint tenants. The unit factor share for Unit 1 is 1,000. In the new parcel, they will still be joint tenants, but their title will indicate that they are a tenant in common owner with 1/10 share.

Example 3: Louise and Jim owned Unit 8 as tenants in common, with equal shares. If their unit has a unit factor of 1,000, then Louise and Jim will each be a tenant in common for the new parcel, and each will own a 1/20 share.

Note that in the majority of cases a new plan will have created new parcels and owners will have a 1/1 ownership share in the new parcel shown on title.

New Parcel Number – Enter the number listed in the column “New Parcel(s)” on the TAC.

Transform Number – Enter the 9-digit transform number which can be found on the TAC.

New Owners – Check “Tenant in Common” box.

Fractional Title Share - Represents the title share that this tenant in common will have in the parcel.

New Title Value – Fair market value of title share.

Section A – New Owner – Complete this section if the owner already has a client number in our system. The client number and client name (spelling) must be an exact match, or else the application to set up this title will be rejected.

Prepare an Application for Transfer (Part II – Set Up) for each person or entity that will own the new parcel as a tenant in common.

In setting up title in the name of 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 this client number, please contact our Customer Support Team.

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, then the application will be rejected.

D. Title Print Request (optional)

Use this form to order a copy of the title print. The submitting party can get a copy of the title by completing the first section. Title prints can also be sent to other persons, using the other sections of the form. A separate Title Print Request form must follow each set up application for which you would like a title print.

There is a fee for each title print, plus a delivery fee. An “official” title print (printed on ISC security paper) and can be obtained only if the title print is ordered by mail.

An alternative to ordering title prints is to print these from the ISC website after the packet has registered. You can search for the new titles by the parcel # or new plan #. You will be charged a title print fee, but no delivery fee.

E. 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, except the Condominium 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.).

NOTE: 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 the Condominium Packet Cover Page. To resubmit a packet, you must use a new Condominium Packet Cover Page with a new bar code.

Step 4: ASSEMBLING THE PACKET

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

1. Condominium Packet Cover Page


2. Application for Transfer (Part I – Surrender)

  • Notice of Termination (Form JJ)
  • Unanimous Resolution/Court Order
  • Affidavit of Value (Transform)

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

  • Title Print Request (optional)
    + other Set Up applications as required

Step 5: SUBMITTING THE PACKET

We discourage submission of original documents, as any rejected packets are not returned to you.  If faxing the packet, please check to ensure that the forms will be legible when faxed to us.  The system will accept only 8 1/2" by 11" letter-sized paper, no matter which method of submission is used.