Guideline Form 15

Purpose of Form:   

This form is used by an authorized lawyer to request that the registrar cancel the recording of a security interest in a parcel register under Section 60 of the Land Registration Act subject to it meeting the requirements under 60(1) of the Act.  The form contains a certificate of legal effect certifying to the appropriateness of the removal of the interest and must be signed by an authorized lawyer.

A demand may be made by the debtor of the security interest or the holder of a registered interest in the affected parcel after thirty days have passed since service of the demand.  The demand must clearly set out the obligations under Section 60 of the Act requiring the interest holder(s) to take action to continue the recording of the interest

and the consequences of failing to do so.  

A copy of the demand served on the on the secured party, a statutory declaration outlining the grounds that were used to make the demand and proof of service must be attached to the Form 15 submitted by the authorized lawyer.

Land Registration Office staff will confirm that all the documentation listed above is attached and that thirty days have passed since service of the notice.  Staff will then cancel the recording of the interest in the parcel register(s) as requested, if the Form 15 has been completed correctly.

It is extremely important to remember that the holder of the security interest has 30 days to respond.  In order to ensure compliance with this legislative provision, the demand is considered to be served when it is received by the security interest holder.  A copy of a receipt showing that registered mail was purchased on a particular date does not serve as a starting date for calculation of the thirty day period and will not be accepted as proof of delivery. 

Instrument Type:  831

LR or ROD: This document is indexed under the land registration system only.

Mandatory E-Submission Applies:  No (currently no electronic F15 exists)

Fee Required: Yes

Accompanying Instrument Required: Yes (see supporting documents and forms below for additional requirements)

Acceptance Criteria for Form 15: 

• Correct registration district is provided

• Submitter user number and name – required to be the authorized lawyer who is signing the Form 15

• Form 15 includes only LR PIDs

• Number of PIDs on form does not exceed 9

• Box is ticked indicating who demand is being made by

• Statutory declaration, copy of written demand and proof of service is attached

• Statutory Declaration Requirements;

1. Must outline the basis for demanding cancellation of the security interest (i.e. mortgage was paid out, etc.).  

2. If there is a statement in the declaration that suggests the mortgage was paid out, we require evidence that supports a payout of the mortgage such as one of the following;

1. Copy of a payout or discharge statement from the lender

2. A statement advising that the lawyer caused the mortgage to be paid out, using funds in their trust account

3. A copy of the transmittal letter accompanying the cheque to pay out the mortgage

3. Declaration is dated, signed and sworn/declared before a barrister, commissioner, notary public or any person authorized under S 79 of the Act (whose name is printed below their signature).   NOTE:  If the declaration states that 30 days have passed since service of the demand, then the declaration can only be dated once the 30 days have passed and not before.  

• Copy of Written Demand Requirements;

• Written demand must contain a statement regarding section 60 of the Land Registration Act.

• Proof of Service includes one of the following:

1)    Fax Transmission/Confirmation Page– the Registrar will consider acceptance of a fax as being compliant with the regulations (Service of Notice), subject to the following - if the fax number used by the party filing the document was provided by the interest holder and evidence of that is included with the proof of service (such as a statement in the statutory declaration to that effect).

2)    Personal Delivery – in accordance with s. 30 of the Regulations, an affidavit must be provided that states the following;

a)    By whom the document was served;

b)    The day of the week and the date on which it was served;

c)    Where it was served; and

d)    How service was effected

3)    Registered Mail – A customer receipt that proves that registered mail was sent is not acceptable on its own.  At a minimum, the Registrar requires the Canada Post tracking confirmation page that provides the date of delivery and either the signature of the recipient or the signatory’s name.

4)    Courier – A copy of the courier slip must be provided that contains the date of delivery, name of the recipient & a signature.  Otherwise, an affidavit must be provided that meets the requirements of s. 30 as noted above under ‘Personal Delivery’.  At a minimum, the Registrar requires the Courier's tracking confirmation page that provides the date of delivery and either the signature of the recipient or the signatory’s name.

5)   E-Mail - An e-mail is only acceptable if the sender received confirmation of receipt of the e-mail.  Without this confirmation, the sender of the demand letter isn't able to prove that the e-mail was received by the recipient, as the method of service used must be able to provide proof of delivery and receipt.

Note:  Service of Notices - In accordance with s. 77 (4) of the Land Registration Act, the service of all notices given pursuant to this act must be sent to the current address of the interest holder as shown in the parcel register. 

• Thirty calendar days have passed since date of receipt of service of demand

• Interest holder name and type and “Reference to Related Instrument” to be removed are provided and appropriate

Note:  The reference must include the document number and year OR the book and page for the document.  If the document number provided is 'unique' (where a document number is 8 digits or more, a year is not required).

• Certificate of legal effect on form is dated and signed. Note: The CLE on the form can only be dated once the 30 days have passed and not before.

Supporting Form(s)/Documents required: 

·         Statutory declaration that outlines the reasonable and probable grounds that were used as a basis for the demand

·         Copy of written demand served

·         Proof of service - includes personal service (affidavit required) or registered mail (signature of recipient required or Canada Post confirmation of delivery that provides name of signatory)