Electronic Registration

The Province of Ontario is in the process of changing the land registry system in Ontario from a paper-based system to an electronic system. Several jurisdictions in Ontario require or permit lawyers to complete real estate transactions using a computerized electronic registration system. If your property falls within one of these jurisdictions, then the following applies to you.

Rather than signing a deed, land transfer tax affidavit, mortgage and other registered instruments, we will prepare the registered documents in an electronic form, you will sign a form entitled Acknowledgement and Direction that authorizes us to register and "electronically sign" the registered documents for you. You will be legally bound by the contents of those electronically registered documents just as if you had signed them on your own.

In an electronic registration jurisdiction, lawyers (or their representatives) will no longer meet at the registry office. Rather, they will forward documents, funds and keys to the other party prior to or soon after closing and will register the registered documents by logging onto the Teranet® Electronic Registration System. By retaining us, you authorize us to enter into a standard form escrow agreement with the vendor's solicitors on our own behalf and on your behalf. This standard form escrow agreement is called a Document Registration Agreement ("DRA") and has been prepared in consultation with the Law Society of Upper Canada. The DRA sets out the process by which the electronic transaction will be completed including the delivery of documents, funds, keys and the release for registration of electronic documents. Once we have executed the DRA, we are contractually obligated to proceed in the manner set out in the DRA.

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