O.C. 214/2020

A.R. 117/2020

July 22, 2020


            The Lieutenant Governor in Council makes the Forms Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Service Alberta

Authority:                             Land Titles Act
                                                (section 213)


 

APPENDIX

Land Titles Act

FORMS AMENDMENT REGULATION

1   The Forms Regulation (AR 480/81) is amended by this Regulation.

2   The following is added after section 1:

Remote execution of forms

1.1   For the period commencing on August 15, 2020 up to and including February 28, 2021, the forms referred to in column 2 below may be used instead of the forms referred to in column 1 if the forms are being executed remotely by two-way video conferencing before a lawyer in and for the Province of Alberta.

Column 1

Column 2

Form 11

Form 11.01

Form 11.1

Form 11.2

Form 12

Form 12.1

Form 27

Form 27.1

Form 31

Form 31.01

Form 31.1

Form 31.2

Form 32

Form 32.1

 

3   The following is added after Form 11:

Form 11.01

Land Titles Act
(Section 77)

Alberta Land Surveyor’s Certificate

I, (name of surveyor), of the (place of residence), Alberta Land Surveyor,
make oath and say:

                                          1   that the survey represented by this plan was made under my
personal supervision,

                                          2   that the survey was made in accordance with good surveying practices and in accordance with the provisions of the Surveys Act,

                                          3   that the survey was performed between the dates of
                                  and                                ,                  , and
that this plan is true and correct, and is prepared in accordance
with the provisions of the Land Titles Act, and

                                          4   that I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                              ,    )
a lawyer in and for the Province of Alberta     )
at the                       in the                                 )
of                   by two‑way video conferencing )
with the deponent who was at the                    )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                                        
provided to me that enabled me to verify the  )               (Alberta Land Surveyor)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

4   The following is added after Form 11.1:

Form 11.2

Land Titles Act
(Section 77)

Monumentation Certificate

I, (name of surveyor), of the (place of residence), Alberta Land Surveyor, make oath and say:

                                          1   that the monuments required by section 47 of the Surveys Act have been placed under my personal supervision, between the dates of                 and                    ,              ,

                                          2   that the position of each monument on the ground is in accordance with the co‑ordinates shown on the survey plan registered as number                    and that the boundaries that have been established on the ground are in accordance with the said co‑ordinates, except for the following:

(List and describe any boundaries on the ground that vary from the co‑ordinates on the survey plan.), and

                                          3   that I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                               ,   )
a lawyer in and for the Province of Alberta     )
at the                       in the                                 )
of                   by two‑way video conferencing )
with the deponent who was at the                    )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                                          
provided to me that enabled me to verify the  )                (Alberta Land Surveyor)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

5   The following is added after Form 12:

Form 12.1

Land Titles Act
(Section 77)

Dominion Land Surveyor’s Certificate

I, (name of surveyor), of the (place of residence), Dominion Land Surveyor,
make oath and say:

                                          1   that the survey represented by this plan has been made by me,
and that the said plan is correct and true and is prepared in accordance with the provisions of the Land Titles Act, and

                                          2   that I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                               ,   )
a lawyer in and for the Province of Alberta     )
at the                       in the                                 )
of                   by two‑way video conferencing )
with the deponent who was at the                    )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                                           
provided to me that enabled me to verify the  )                (Dominion Land Surveyor)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

6   The following is added after Form 27:

Form 27.1

Land Titles Act
(Section 131)

Affidavit in Support of Caveat

I, (the Caveator (or agent for the caveator)), make oath and say (or solemnly declare) as follows:

                                          1   I am the within named caveator (or agent for the caveator).

                                          2   I believe that I have (or the caveator has) a good and valid claim on the land (mortgage or encumbrance), and I say that this caveat is not being filed for the purpose of delaying or embarrassing any person interested in or proposing to deal with it.

                                          3   I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                               ,   )
a lawyer in and for the Province of Alberta     )
at the                       in the                                 )
of                   by two‑way video conferencing )
with the deponent who was at the                    )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                                                   
provided to me that enabled me to verify the  )                
(Caveator (agent for the caveator))
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

7   The following is added after Form 31:

Form 31.01

Land Titles Act
(Sections 155 and 156)

Affidavit of Attestation of an Instrument

I, A.B., of                                   , in the                                    make oath and say:

                          1.     I,                                    , being a lawyer in and for the Province of Alberta:

                                 (a)    witnessed the signature of                 named in the within instrument, in a single session during which I was able at all times to see and hear the person signing the instrument by two-way video conferencing;

                                 (b)    witnessed                  named in the within instrument, who is personally known to me to be the person named in the within (or annexed) instrument, duly sign and execute the instrument;

                                 (c)    have complied with the requirements established by the Law Society of Alberta, with respect to this type of witnessing in effect at the date of this affidavit;

or

I,                                         , being a lawyer in and for the Province of Alberta:

                                 (a)    witnessed the signature of                 named in the within instrument, in a single session during which I was able at all times to see and hear the person signing the instrument by two-way video conferencing;

                                 (b)    witnessed                 , who, on the basis of identification shown to me, I believe to be the person named in the within (or annexed) instrument, duly sign and execute the instrument;

                                 (c)    have complied with the requirements established by the Law Society of Alberta, with respect to this type of witnessing in effect at the date of this affidavit;

                 2.      the instrument was signed at                               , in the                                      and I am the subscribing witness thereto;

                       3.        I believe the person whose signature I witnessed is at least eighteen (18) years of age;

                       4.        I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                              ,    )
a lawyer in and for the Province of Alberta     )
at the                       in the                                 )
of                   by two‑way video conferencing )
with the deponent who was at the                    )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                                     
provided to me that enabled me to verify the  )                        (Deponent)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

Or

Form 31.01

Land Titles Act
(Sections 155 and 156)

Affidavit of Attestation of an Instrument by Marksman

I, A.B., of                        , in the                                    , make oath and say:

                       1.     I,                                      , being a lawyer in and for the Province of Alberta:

                                 (a)    witnessed the signature of                 named in the within instrument,
in a single session during which I was able at all times to see and hear the person making their mark on the instrument by two‑way video conferencing;

                                 (b)    witnessed                      named in the within instrument, who is personally known to me to be the person named in the within (or annexed) instrument, duly execute the instrument by making their
mark on the instrument;

                                 (c)    have complied with the requirements established by the Law Society
of Alberta, with respect to this type of witnessing in effect at the date
of this affidavit;

or

I,                               , being a lawyer in and for the Province of Alberta:

                                 (a)    witnessed the signature of                    named in the within instrument, in a single session during which I was able at all times to see and hear the person making their mark on the instrument by two‑way video conferencing;

                                 (b)    witnessed                   , who, on the basis of identification shown to me,
I believe to be the person named in the within (or annexed) instrument, duly execute the instrument by making their mark on the instrument;

                                 (c)    have complied with the requirements established by the Law Society of Alberta, with respect to this type of witnessing in effect at the date of this affidavit;

                       2.        the instrument was read over and fully explained to the person whose execution by mark I witnessed before it was executed and he/she seemed to fully understand it;

                       3.        the instrument was executed at                               in the                             
and I am the subscribing witness thereto;

                       4.        I believe the person whose execution by mark I witnessed is at least eighteen (18) years of age;

                       5.        I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                               ,    )
a lawyer in and for the Province of Alberta      )
at the                       in the                                  )
of                   by two‑way video conferencing  )
with the deponent who was at the                     )
in the Province of Alberta this
        day of     )
                  
,             on the basis of evidence    )                                                        
provided to me that enabled me to verify the    )                            (Deponent)
deponent’s identity and confirm the contents    )
of the document being executed.                       )

                                                 
               (Lawyer)

8   The following is added after Form 31.1:

Form 31.2

Land Titles Act
(Section 161)

Affidavit Verifying Corporate Signing Authority

I, A.B. of                                        make oath and say:

                       1.        I am an officer or a director of (here set out name of corporation) named in the within or annexed instrument (or caveat).

                       2.        I am authorized by the corporation to execute the instrument (or caveat) without affixing a corporate seal.

                       3.        I am executing this document by two‑way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                                 ,   )
a lawyer in and for the Province of Alberta        )
at the                       in the                                   )
of                   by two‑way video conferencing   )
with the deponent who was at the                      )
in the Province of Alberta this
        day of      )
                  
,             on the basis of evidence      )                                                    
provided to me that enabled me to verify the     )                  (Officer or Director)
deponent’s identity and confirm the contents     )
of the document being executed.                        )

                                                 
                (Lawyer)

9   The following is added after Form 32:

Form 32.1

Land Titles Act
(Section 164)

Affidavit re Value of Land

I, A.B., of                               , in the                               make oath any say:

                          1.        I am (one of) the transferee (or agent of the transferee) named in the within or annexed transfer and I know the land therein described.

                          2.        I know the circumstances of the transfer and true consideration paid by me is as follows:

                                     (Give full details: cash, assumption of mortgage, exchange or other consideration with cash value of same.)

                          3.        The current value* of the land**, in my opinion, is $                          .

                                     * “value” means the dollar amount that the land might be expected to realize if it were sold on the open market by a willing seller to a willing buyer.

                                     ** “land” includes buildings and all other improvements affixed to the land.

                          4.        I am executing this document by two‑way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                                 ,   )
a lawyer in and for the Province of Alberta        )
at the                       in the                                   )
of                   by two‑way video conferencing   )
with the deponent who was at the                      )
in the Province of Alberta this
        day of      )
                  
,             on the basis of evidence      )                                                                   
provided to me that enabled me to verify the     )          (Transferee or Agent of Transferee)
deponent’s identity and confirm the contents     )
of the document being executed.                        )

                                                 
                (Lawyer)