Purpose of Form:
This form is used by an authorized lawyer to request that the registrar cancel the recording of a recorded interest (does not include a security interest) or judgment under Section 63 of the Land Registration Act. This form is used subject to the fact that it does not relate to one of the exceptions identified under 63(3) 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.
The registered owner of a parcel may send a notice requiring cancellation of a recorded interest or a judgment referenced in the parcel register by serving notice on the holder of that interest or judgment to take proceedings in the court to substantiate the interest or judgment.
The notice must include an affidavit outlining the owner’s objection to the recorded interest or judgment, the recording of which is sought to be cancelled as well as the reason(s) why the recorded interest or judgment should be cancelled.
The copy of the notice requiring cancellation of the recorded interest or judgment must clearly set out the obligations under Section 63 of the Act requiring the interest holder(s) to take action in order to substantiate the interest and the consequences of failing to do so.
Land Registration Office staff will confirm the following: all the documentation listed above is attached, sixty days have passed since service of the notice and that no lis pendens has been recorded certifying that proceedings have been commenced to substantiate the interest. Staff will then cancel the recording of the interest in the parcel register(s) as requested, if the Form 15A has been completed correctly.
It is extremely important to remember that the holder of the interest has 60 days to commence court proceedings. In order to ensure compliance with this legislative provision, the demand is considered to be served when it is received by the 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 sixty day period and will not be accepted as proof of delivery.
Instrument Type: 841
LR or ROD: This document is indexed under the land registration system only
Mandatory E-Submission Applies: No (currently no electronic F15A exists)
Fee Required: Yes
Accompanying Instrument Required: Yes (see supporting documents and forms below for additional requirements)
Acceptance Criteria for Form 15A:
Correct registration district is provided
Submitter user number and name – required to be the authorized lawyer who is signing the Form 15A
Form 15A includes only LR PIDs
Number of PIDs on form does not exceed 9
An affidavit, copy of the notice requiring cancellation and proof of service is attached
Affidavit requirements;
An affidavit is attached that outlines the basis for the owner's objection to the interest and provides a reason for why it should be cancelled
Notice requirements;
A copy of the notice requiring cancellation of the interest must be attached that sets out the obligations under S 63 of the LRA
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 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.
Sixty calendar days have passed since date of receipt of service of demand
No lis pendens appears in the parcel register or “in process” related to this interest
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 60 days have passed and not before.
Supporting Form(s)/Documents required: