Mandatory e-submission only applies to all documents where e-submission functionality exists. All authorized lawyers must E-submit any transaction they are doing on behalf of a client and which is supported by the system.
As stated under s. 6 of the Regulations:
Submitting documents electronically
6 (1) To the extent permitted by Property Online, an authorized lawyer must submit a document electronically for registration or recording in a register or roll, that has been established under the Act.
Therefore, where the functionality does not exist to submit a particular document electronically, it will continue to be submitted in paper.
See below for common examples of when a document must be paper submitted to the land registration office.
1. If a document affects more than nine PIDs
2. If a document affects parcels under both LR and ROD (e.g. Grant of Easement).
3. If a document affects parcels differently and requires multiple forms – (e.g. deed that reserves a life interest on one lot but not the other).
4. If there are consecutive documents affecting PID(s) where one or more documents in the bundle cannot be e-submitted – (e.g. deed with POA and mortgage).
5. If all parcels are not situated in the same municipality
If a transfer relates to multiple parcels, and all parcels are not situated in the same municipality
If a transfer affects one parcel where that parcel is situated in more than one municipality
If a transfer is not adding and removing at least one registered owner
If it is a transfer that results in any changes to Textual Qualifications, Tenant in Common or Recorded Interest sections of the Parcel Register
If a transfer also conveys a benefit or burden where a flip-side is required Exception: burdens can be added, such as restrictive covenants, where a flip side is not required.
If it is a deed for consolidation or a subdivision by deed
If the transfer involves multiple PIDs that require a description of tenure to be added, updated or removed.
Note: The system only allows the submitter to add, update or remove a tenure description for the first PID on the form and does not allow changes to the tenure description for any subsequent PIDs. Any updates or changes to the tenure description on the 1st PID will not carry over to any subsequent PIDs which is why paper submission is required in order to modify the tenure description for all PIDs affected.
If a transfer affects multiple PIDs where the manner of tenure is not the same on all PIDs
If more than one interest holder must be added to the parcel register (e.g. two individuals are the mortgagees for a mortgage, three individuals are claimants for a lien).
If a parcel is situated in more than one municipal unit.
· Due to the requirement to change the existing interest holder to interest assigned
· All POA roll documents must be paper submitted.
Form 27 E (Release of Mortgage or Debenture)
NOTE:
Where there is one mortgage or debenture represented in the parcel register by two entries (individuals or enterprises), paper submission is required. This is due to the fact that the system permits the removal of a combination of one document type of mortgage with an interest holder type of mortgagee or a debenture with an interest holder type 'debenture holder'. It has no ability to recognize that in fact the individual entries relate to the same mortgage or debenture and when the submitter selects both for removal; it deems that as the removal of a second mortgage or debenture (which is not permitted).
OTHER HINTS & TIPS;
Electronic Forms are only a snap shot of the parcel register:
When a new E-Submission form is created on the worksheet, the system copies the current Parcel Register information into the form. There may be changes made to the Parcel Register between the time the form was created and the time it is submitted. When the e-form is submitted, the system will NOT update the Parcel Register data in the form or warn the submitter that changes were made to the Parcel Register which may affect the submission.
On the E-Submission Work Area screen, the system will perform validation checks on all PIDs prior to creating a new form. The following errors and warnings are displayed in the message window labeled “PID Validation Errors/Warnings”:
ERRORS:
The system will not allow a new form to be created if:
WARNINGS:
The system will display a warning if there are “Documents in Process” for the PID. Click the [Continue] button to proceed with creation of the form. (It is advisable that a search of “Land Registration Documents in Process”be conducted before proceeding.)