Purpose of Form: To register a document under the Registry Act.
The form is used by a registered owner, an agent of the owner or transferee to register or record a document relating to a parcel that is not registered pursuant to the Land Registration Act.
This form identifies under what provision the document may be accepted for registration pursuant to the Registry Act. The owner, an agent of the owner or transferee is required to select from the list of reasons provided on the form.
If the document involves an interest to which the Co-operative Associations Act applies, the signature of the Inspector of Cooperatives is required to be attached to the document being recorded.
Instrument Type: Based on the document attached.
Accompanying Instrument Required: Yes (unless document is a statutory declaration respecting judgments or a retracement plan or subdivision plan not requiring subdivision approval
Fee Required: Yes (for accompanying instrument)
Document Acceptance Criteria: See the section under the Registry of Deeds for an alphabetic list of document types which outlines the document acceptance criteria for a document being recorded pursuant to the Registry Act.
Supporting Form(s)/Documents required: Document for which exemption is being claimed.
This form cannot be used to record the following documents:
Transfers for Value (unless one of the exemptions apply – see list below)
Mortgages (or mortgage-related documents which indicate an increase in the principal borrowed)
Condominium Declarations
Condominium Declaration Amendment
Condominium (Phased) Declaration Amendment
Condominium Bylaws
Condominium Bylaw Amendments
Certificate of Consolidation (Condominiums)
Notice of Termination of Condominium
Other Condominium Documents
Quieting of Titles
Certificate of Title
Crown Grant (if DTT affidavit shows a value)
Assumptions
Defacto Consolidation
Deed Transfer Tax Affidavit with a Sale/Purchase Price
A deed that is a transfer for value is a trigger unless a Form 44 that explains why it is exempt from migration accompanies it.
If the deed is for "Valuable Consideration" and is being placed in the Traditional Registry, then one of the following statements must be selected on the Form 44, or the deed will have to be rejected;
a transfer of a parcel between persons married to one another
a transfer of a parcel between persons formerly married to one another, if the transfer is for the purpose of division of matrimonial assets
a transfer of a parcel between persons who are parties to a registered domestic partnership agreement
a transfer of a parcel acquired by Her Majesty in right of the Province or a municipality for the purpose of road widening, alignment or movement
a deed to a predecessor in title being registered in order to feed the estoppel or clarify title
a transfer of an unregistered piece of land that is being created as a parcel under the subdivision provisions of Part IX of the Municipal Government Act solely for the purposes of consolidation with an abutting unregistered parcel.
EXCEPTION: A Tax Deed may have one of the following statements selected, which is also acceptable;
§ not a transfer for valuable consideration as referred to in clause 46(1)(a) of the Land Registration Act or
§ any other instrument not mentioned above that is not a trigger under subsections 37(2) and 37(3) of the Land Registration Act.