Alberta Land Titles Office Return Submission Pilot Impact on the Conveyancing Protocol
The Alberta Land Titles Office (LTO) is launching a Return Submission Pilot Project in an effort to resolve the significant backlog of registrations and delayed turnaround times for registrations. As of September 26, 2022, the LTO will be removing deficient packages enclosing Transfers of Land and Transfers of Land with a Mortgage before they are entered into the queue and returning them to the sender for correction. Information regarding the Return Submission Pilot Project can be found here.
The Law Society and Alberta Lawyers Indemnity Association (ALIA) have received inquiries about the potential impact of the Return Submission Pilot Project on the (Protocol). Based on information received to date, the Law Society and ALIA have confirmed that lawyers may continue to close real estate transactions using the Protocol.
The Law Society and Alberta Lawyers Indemnity Association (ALIA) have received inquiries about the potential impact of the Return Submission Pilot Project on the Western Law Societies’ Conveyancing Protocol (Alberta) (Protocol). Based on information received to date, the Law Society and ALIA have confirmed that lawyers may continue to close real estate transactions using the Protocol.
Lawyers must continue to take all steps required to meet current conveyancing practice standards and the standards of a prudent real estate practitioner. If lawyers meet such standards and comply with the requirements of the Protocol, any claims will continue to be dealt with under the Protocol. However, as is currently the case, if a document is rejected by the LTO, it may be due to a mistake that could take a claim outside of the Protocol.
If a claim is taken outside of the Protocol, it will be assessed in the normal course as a claim arising from the lawyer’s negligence and will be subject to deductibles and surcharges, in accordance with ALIA’s current Group Policy. In such circumstances, ALIA will continue to indemnify a negligent lawyer pursuant to the Group Policy.
The Law Society and ALIA will continue to review the effect of the Return Submission Pilot Project on the Protocol and will communicate any amendments that may be required to reflect new LTO processes.