Lately, there have been concerns expressed by subscribers who have transfers executed for Electronic submission purposes. Our Naming Conventions for names of individuals, as contemplated by section 5 of Regulation 2000-39 of the Land Titles Act, outlines the requirements for names of individuals as parties to a Land Titles instrument.
Since on conversion the name of an individual owner has to appear as per how one gets title and as per how the name appears on the birth certificate, as well as the potential usual name of the party, when the requirement for the birth certificate name does not include the usual name, the variations involved in how the transferors are populated on the electronic transfer can be numerous. As a result of those permutations, multiple signature lines appear at the bottom of the transfer for the same individual owner or owners. Some owners have had to sign the same transfer multiple times because of such variations in names. This makes the signature process appear anything but professional in some instances.
In the paper world, regardless of how many times the transferor appeared on title because of the permutations and/or variations involved, the transfer that was created had only one signature line for execution at the bottom of the transfer, and the link between the different names of the same transferor was captured by adding a clause to the Marital Property Affidavit, which was included as part of the transfer on submission for registration. Such a clause stated "...I acquired the subject property under the name Serge Gauvin and I am conveying under the name Joseph Serge Gauvin in order to comply with the Naming Convention Regulation – Land Titles Act." That Marital Property Affidavit no longer accompanies the transfer submitted electronically and therefore, making the link in that affidavit is no longer a practical option in the electronic world.
While the option of capturing the signature of all variations of a transferor is still available at the discretion of the subscriber having that transfer executed by that Transferor before electronic submission, another option will now be available to the subscriber who wishes to have only one signature line per transferor before the electronic submission of the transfer.
On a go-forward basis, the subscriber who does not wish to have multiple signature lines reflected at the bottom of the electronic transfer will now have the option, in consultation with the transferor in question, of selecting the birth certificate name of each transferor, which will only populate the signature line with the name chosen. But in order for Registry Office staff to be in a position to accept such submissions and to be satisfied that all transferors are one and the same, a Schedule “D” will be required to accompany the electronic transfer and contain an explanation as to why all the transferors that are reflected on title are not executing the Transfer. The preferred language used in the Schedule “D”, by the subscriber, will have to explain that the names “Serge Gauvin” and “Joseph Serge Gauvin” are the names of the same person and are variations of the name of one of the Transferors. Explanations in the Comments Box will not be sufficient – it must be in the attached Schedule to the Transfer.
For the exact same enterprise owners that are reflected more than once as an owner of a property, having been enabled more than once on the AFR, it will still be acceptable to have that Transferor execute the Transfer only once, by having the name of Transferor selected only once, since that legal entity is the exact same.