Purpose of Form
This form is used by an authorized lawyer to correct an error, omission or other information in a parcel register based on a previously submitted Certificate of Legal Effect (CLE), which includes any land registration form that contained a CLE and an AFR.
Once a lawyer acknowledges that an error was made, he/she must meet the requirements in Section 22 of the Land Registration Administration Regulations. The authorized lawyer must retain a true copy of documentation or information supporting the correction as well as any approvals or consents obtained as required under Section 22 for review by the Registrar General or audit by the Nova Scotia Barristers’ Society.
Typically, this form cannot be used to correct an error within a document. If there is a mistake within a document, it will require a legal remedy to correct, based upon the nature of the error.
See the section below 'Appropriate Use of Form' for further details.
A Form 6A may be submitted by any authorized lawyer, regardless of whether or not it was their error, as long as they have obtained the appropriate consents as outlined in the Regulations. Staff are not required to confirm that the necessary consent has been granted as it is the responsibility of the lawyer to do so in accordance with S 22 of the Regulations.
NOTE: Errors on a Form 26 or 27 which pre-date May 4, 2009 (that did not contain a CLE), or Lenders Forms 26L & 27L, can be corrected using a Form 49. The lawyer may choose to submit a Form 6A rather than a Form 49 which is also acceptable.
Instrument Type: 855
LR or ROD: This form is indexed under the Land Registration system only.
Mandatory E-Submission Applies: No (currently no electronic F6A exists)
Accompanying Instrument Required: No
Note: There isn’t an instrument attached to this form unless the error was contained in the document that was previously recorded rather than on the form's instructions. If so, an original corrected document must be attached
Fee Required: No (not for the form alone)
Exception: If a document is attached to this form, then a fee will be applicable
Acceptance Criteria for Form 6A:
NOTE: if the Document Number box is ticked, a document number has been provided for the document where the error or omission occurred.
For example: if the reason for correction states that a release of mortgage omitted a PID on the form and the lawyer is removing the mortgage from that PID; the ☐ Document Number field must reflect the Release of Mortgage that was previously recorded and the instructions for removing the interest holder would include a ‘reference to related instrument’ for the mortgage that is being removed from the PID. It is not acceptable if the Document Number field on the form refers to the mortgage that is being removed, as that is not the document where the error occurred.
Examples of reasons for correction that are not sufficiently detailed which would be a basis for rejection:
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).
Exception: A reference is not required in the following situation;
When a document is attached because the Form 6A will be the enabling instrument for the interest holder being added.
NOTE: This form cannot be used to request the addition of any names to the 'tenants in common not registered pursuant to the LRA' section of a parcel register as these are not deemed as LR interest holders. After migration of a parcel, if the lawyer is aware of any tenant in common interests that are not appearing under that section they can advise a mapper and request that they be added, if they wish to do so. Names do not have to appear under that section in order for any future tenant in common interests to be elevated since this section may not reflect all of the applicable interests and cannot be relied on as representing all of the TIC interest holders that apply to a parcel.
See: Interest Holder Types for each category on AFR & Revisions
Alternatively: It is also acceptable if a TQ is being added that specifies the percentage or share of interest held by the interest holders instead of completing either of the above fields.
Addition of Benefits or Burdens;
Left off Previous Revision:
If the Form 6A is being submitted because the authorized lawyer forgot to add benefits or burdens on a previous revision of the parcel:
a) Where the document that contained the error was submitted on or after April 3, 2007; an additional Form 6A or 8A is required to be submitted to deal with the flip side parcel that is affected (LR or Non-LR). This additional form will be fee exempt.
OR
b) Where the document that contained the error was submitted prior to April 3, 2007; an additional Form 6A or 8A is not required to be submitted to deal with the flip side parcel, as this was not being enforced at that time.
Left Off AFR:
If the Form 6A is being submitted because the authorized lawyer forgot to add benefits or
burdens on an AFR:
a) An additional Form 6A or 8A is required to deal with the flip side parcel that is affected (LR or
Non-LR); if the LR date on the AFR was on or after May 4, 2009.
OR
b) If the AFR pre-dates May 4, 2009, an additional Form 6A or 8A is not required as the
requirement to complete a flip side for AFR's only came into effect with the May 2009
regulations.
Using 'Various PIDs' or 'Various Owners';
If the Form 6A is adding a benefit or burden with 'Various PIDs" or Various Owners' named as
an interest holder, ensure that;
AND
Notes: Re: Addition of Benefits or Burdens;
1. If the box under additional Information is checked (“This Form 6A is adding a benefit or burden where the corresponding benefit/burden in the “flip-side” parcel is already identified in the LR parcel and no further forms are required”); no additional forms are required to deal with the flip side.
2. If a PID is shown as a Servient Tenement PID or Dominant Tenement PID, it is not the PID that the form has been submitted for
3. If the Form 6A is correcting an error for a Form 45 , we do not require any flip-side forms since a Form 45 is specific to a parcel register(s
4. Refer to the guidelines on the following page: Easements General Rules for further details about adding overriding interests and prescriptive easements
Removal of Benefits or Burdens: If a servient or dominant PID is being removed from one LR parcel then we expect the flip-side PID to be removed as well. This may not always be the case as some easements may not have a flip side (i.e. license, well agreement, etc.). Therefore, the lawyer must query on the flip-side parcel to determine if it is LR or Non-LR and proceed as follows;
LR Parcel: Is there a corresponding burden or benefit present in the flip-side parcel register by PID Number?
If not, no additional forms are required
If the flip-side servient or dominant PID is present, then any benefit or burden being removed from the subject parcel must include the necessary forms to complete the flip side of the relationship (Form 6A). The corresponding forms must be submitted simultaneously or the LRO will reject the form as presented.
Note: There must be a corresponding Form 6A for each LR servient/dominant PID identified on the Form 6A (may be one form or more & all PIDs must be covered by the forms presented).
Non-LR Parcel: Nothing further is required
See below for a list of common scenarios that require correction and the guidelines to follow, based on the nature of the error.
Correction to an interest holder name
A) Error is in the document that was recorded, not the form:
Based on a document added at the time of migration on the AFR – the enabling document that was added at the time of migration may reflect a name that differs from the name that is being added as an interest holder. This is an acceptable correction with a Form 6A because the lawyer is expected to certify to the correct name of the interest holder at the time of migration based on the information in their title abstract, i.e. corporate name change, individual name change due to marriage, etc. Also, since the enabling document is being brought forward from the GGI, it isn’t reasonable to expect a lawyer to record a correcting document for a prior transaction that he wasn’t involved in or was likely recorded several years ago.
Based on a document that revised the parcel register after migration – Typically, the only type of a correction to a name in a document that is permitted on a Form 6A is a case where the first and middle name were reversed in the document. This is because a Form 21 is used for either a Change of Name or a Minor Misspelling, which does not fit the aforementioned scenario.
If a correction is being made in relation to a Change of Name; it must be submitted on a Form 21 so that it will be coded as a 109, since all name changes are automatically placed in the Judgment Roll. A Form 6A is coded as an 855 and will not result in the name change being added to the judgment roll which is why a change of name is not acceptable on this form.
If a correction is being made in relation to a Misspelling; the submitter should be using a Form 21 to correct a minor misspelling of a name, particularly since a Form 6A requires consents under S 22 of the regulations that are not required if a Form 21 is recorded. However, it is acceptable if a Form 6A is submitted to correct a minor misspelling of a name that has an appropriate affidavit attached which meets the acceptance criteria as noted on the page for Form 21 (Code 126 – Correction of Misspelling).
Any other errors in a document that result in a materially different name being added will typically require a legal remedy to fix, such as a correcting document being recorded, i.e. deed of correction, etc.
NOTE: If the name on a document is Jane M Doe, a Form 6A cannot be used to change the name in the parcel register to reflect Jane Mary Doe because the full middle name is not reflected in the document. Refer to Indexing Rules Re Names – LR Documents
B) Error was on the form and not in the document:
A Form 6A is an appropriate method of correction. Staff must ensure that the interest holder being added is a match to the interest holder named in the document in order to accept the 6A.
Document is attached to the Form
A) Error is in the previous document that was recorded:
The only type of an error that can be corrected with a Form 6A is when a document was incorrectly scanned where there was a page or pages omitted from the document or the wrong page scanned. In this case, a document must be recorded with the correct information attached. However, the only way that the previous recording can be removed from the parcel register, is if the reason for correction is worded as follows;
“The scanned image of the (insert type of document), recorded as document number (insert #) on (insert date of recording), was missing the (insert information, i.e. Schedule ‘A’) OR contained the wrong (insert information, i.e. Schedule ‘A’). The correct (insert type of document) as executed by the party/parties on (insert date of execution of the document), is now being recorded by virtue of this Form 6A.”
If the mistake is not the result of a scanning error but is another type of error, (i.e. mortgage terms omitted or incorrect, wrong payment date, grantee omitted, etc.), then the only option available to the lawyer is to record an amendment to the original document which will be added to the parcel register, leaving the original recording intact. If amending a recorded interest, the document would be recorded with a Form 26, if amending a benefit/burden/registered interest the document would be recorded with a Form 24.
NOTES:
It is not acceptable if a previously recorded document is submitted, as executed by the parties at that point in time, with alterations made that have simply been initialled or acknowledged by either the lawyer or the signatory. The lawyer must be prepared to draft a completely new document (amendment. or deed of correction) with the corrected information that has been re-executed by the party(ies) involved.
If a deed of correction or confirmatory deed is recorded, it is the lawyer’s choice as to whether or not to remove the former deed.
B) New document is being recorded (does not have anything to do with a prior recording):
This is likely the result of an issue that came to light after migration where the lawyer should have recorded a document to support an interest in the parcel register, (i.e. additional statutory declarations to support ownership). In this case, the Form 6A will either be;
Adding an interest to the parcel register and the Form 6A will be the enabling instrument
OR
Adding and removing the same interest for the purpose of archiving the document
Document was recorded under the wrong system (ROD):
If the reason for correction is based on a document that was recorded under the ROD system which affected an interest in an LR parcel and the lawyer is now correcting the parcel register by either removing an interest or adding an interest based on the document that was recorded in the GGI, by only providing a reference to that document, then this is not acceptable.
If a document was recorded under the Registry of Deeds after a parcel was migrated to the Land Registration system - the document that was recorded in the Grantor/Grantee index doesn’t have effect on an LR parcel as outlined under S (44) (2) of the Land Registration Act as follows;
44 (2) An instrument registered pursuant to the Registry Act after a parcel is registered pursuant to this Act, is ineffective in relation to the parcel or an interest appearing in the parcel register
The most common example of the above is when a release of mortgage is recorded under the ROD system and wasn’t recorded in the parcel register of the LR PID. In this case, a Form 6A cannot be used to remove the mortgage by referring to the release of mortgage that was recorded under the Registry Act. The appropriate method of correction is to re-record the Release of Mortgage document with a Form 27 in the LR parcel to remove the mortgage. If the lawyer does not have the original release of mortgage, then a registry certified copy will be acceptable as an attachment to the Form 27.
Similarly, if a grant of easement was only recorded under ROD after migration and the lawyer wants to add a benefit or burden to an LR parcel by referencing the ROD document, then the grant of easement must be re-recorded with a Form 24 in order to add the benefit/burden to the parcel register