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Land Registration Electronic Submission. Across Canada. British Columbia - BCOnline. The Land Title Branch Electronic Filing System (EFS) No need to attend Land Title Office Same level of service for rural areas RemoteLaw Third Party Company Software for Document Creation
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Land RegistrationElectronic Submission Across Canada
British Columbia - BCOnline • The Land Title Branch • Electronic Filing System (EFS) • No need to attend Land Title Office • Same level of service for rural areas • RemoteLaw • Third Party Company • Software for Document Creation • Paper copy retention by lawyers
Templates downloaded Adobe Acrobat Interactive Forms Creation done offline Clauses/text available For insertion Fee Simple One page Mortgage Two pages British Columbia - BCOnline Fee Simple
British Columbia - BCOnline Mortgage
British Columbia - BCOnline Electronic Forms submitted No scanned documents submitted Paper Copies Filed No plans submitted
British Columbia - BCOnline • BCOnline collects fees • From Bank Account • Via Electronic Funds Transfer • Access numerous bank accounts • Sends notice to person submitting • All pertinent financial information
British Columbia - BCOnline BCOnline checks for correct Pid Assign document number Date, time Sends Notice Registry Staff Check parcel, description Owner name Confirm date and time Not accepted Notice sent to lawyer
British Columbia - BCOnline • Data Collection • Text extracted from Adobe Acrobat files • EFS enters data into database • Data Fields • Consideration • Value • Name • Address • Search Functions • Name • PID • Legal Description
Ontario - Teraview • Teraview • Third Party Program • Association with Teranet • Polaris Database • 90% Complete • Historical Documents Scanned Accessible online
Ontario - Teraview • Lawyers create form offline • Teraview Software • Pid is entered • Form is populated • Check is done on • Address • Legal Description • Prompt to enter person’s name • Clauses, text, statements • available to insert into document
Transferee opens document from holding table Selects statements, taxes, fees, monies paid, exemption clauses. Digital Signature applied Select “Register” button Select Instrument type Lawyers signatures are only mandatory when compliance with Law Statements are required. Ontario - Teraview
Ontario - Teraview Teraview checks for correct Pid Registry Staff Confirm date and time Not accepted Notice sent to lawyer
Ontario - Teraview Client receives registration number Notice not sent to lawyer Upon completion
Ontario - Teraview • Teraview collects fees • From Bank Account • Via Electronic Funds Transfer • Sends notice to person submitting • All pertinent financial information
Ontario – Teraview – Optional • Registry Staff • Review of document at counter • Photocopies are made • Receipt • Data entered manually
Data Collection Data extracted from pre-determined fields on template Appended to Polaris Database Data Collection on Paper Submission Manual Search Functions PID Instrument Number Name Address Ontario - Teraview
Quebec – Land Register • In 2001, interactive consultation of the Land Register became a reality • Establishment of a computerized Land Register, • 73 registry offices of registration • the digitization of existing documents • The process will continue until late 2003 • all users will be able to consult the Land Register • via the Internet • E-mail to forward documents for entry in the register • order copies of non-digitized documents and certified copies of digital documents.
Documents prepared using Transmitted by email Each transmission must be accompanied by an explanatory file containing client file number deed file name electronic signature file name credit card number for the client When the client has finished preparing the transmission clicks on the Send button the certification device is activated mandatory elements are indeed included in the transmission. Quebec – Land Register
Quebec – Land Register Client receives transaction status report Register is updated at regular Intervals Clients can view status Analyzed by registrars Not computerized system
Quebec – Land Register • Land Register collects fees • From Credit Card • Sends notice to person submitting • All pertinent financial information
Quebec – Land Register • Registry Staff • Review of document at counter • Hard copies digitized, transferred and processed. • In operations centre • Hard copy returned to client
The data is collected with an online form stored in an oracle database Documentation is attached to the submission and stored as a blob (large binary object) in the database WordPerfect format not consistent in nature and varying from one lawyer to the next. Searcher can view these documents, but that is very rarely done. The storage of the documents is to ensure that Joint Stocks has a legal copy of agreements as required by the Act. When this search is done, the data is repopulated into a template and the user can view the electronic document This does cause a problem for lawyers as they must have the WordPerfect software. Nova Scotia – Joint Stock Registry
The Business and Electronic Filing Act qualifies the electronic document as the legal record. The historical documents have been scanned and microfilmed This Act will allow other systems to be incorporated into without having to have new legislation drawn up. Nova Scotia – Joint Stock Registry
Stages and Process of E-Filing • Stages and Process of E-Filing • Document Creation • Document Submission • Data Collection • Signatures and Security • Payment Methods and Receipts • Hardware/Software Requirements
Electronic Filing - Document Creation Level of Hard Copy Document Creation for Lawyers Substantial Change Management Most Resistance No Change Management Least Resistance B.C. One/Two page form Documents – third party Quebec Prepared traditionally N.S.J.S. Documents created in WordPerfect format and submitted Ontario All documents with clauses prepared by Teraview software
Electronic Filing – Document Submission Methodologies for Document Submission Substantial Change Management Most Resistance No Change Management Least Resistance B.C. Attachment to submission button Quebec Email N.S.J.S. Attachment to Submission Button Ontario Submitted by Teraview as created in software
Electronic Filing – Data Collection Methodologies for Data Collection Collecting data automatically and submitting to database Substantial Change Management Most Resistance No Change Management Least Resistance B.C. Adobe Acrobat Extracts data Enters into database Limited fields entered N.S.J.S. Online Form Collects data Submits to Database Documentation stored as Blob file Quebec Lawyers use specialized software For XML to extract data Ontario All data collected from online forms Submitted to database All fields searchable
Electronic Filing – Approvals Methodologies for Approval of Registration Substantial Change Management Most Resistance No Change Management Least Resistance Ontario Checks most data entry fields based on business rule Staff check at certification stage as done with paper copy Staff check traditionally for paper submitted documents Quebec Done Manually be Registry Staff B.C. Systems checks PID Staff check Parcel, Description of Parcel Owner Name
Electronic Filing – Electronic Funds Transfer Methodologies for Collection of Fees and Taxes Substantial Change Management Most Resistance No Change Management Least Resistance Ontario Bank Account Draw down One bank account setup Quebec Credit Card for Fees B.C. Bank Account Draw Down Several Bank Accounts
Electronic Filing – Hardware/Software Requirements Cost for users of Electronic Filing Substantial Change Management Most Resistance No Change Management Least Resistance B.C. Adobe Acrobat $250.00 RemoteLaw – Third Party Ontario Starting Package 595.00 Additional User 345.00 Personal Security Package 195.00 Additional Key for Registry 300.00/year Searches and registrations at several prices Quebec Act e en Ligne Software $200.00
Electronic Submission - Security • Overview of Information Security External focus Internal focus Suppliers, customers, and prospects all need some form of access Access is granted to employees only Distributed assets Centralized assets Applications and data are distributed across servers, locations, and business units Applications and data are centralized in fortified IT bunkers Generate revenue Prevent losses The goal of security is to protect against confidentiality breaches The goal of security is to enable eCommerce IT control Business control Security manager decides who gets access Business units want the authority to grant access
Goals of Security Integrity Confidentiality Interception Modification Has my communication been altered? Are my communications private? Authentication Non-repudiation ? Claims NotSent NotReceived Fabrication Who am I dealing with? Who sent/received it and when?
Public vs. private key Secret-key (symmetric) encryption Public-key (asymmetric) encryption Presumption is that the private key is controlled solely by the user
Just what is a PKI? A set of technologies that enables an organization to ensure that similar levels and forms of trust that exist in the physical world are implemented in the digital world. • Secure envelopes<=> encryption • Confidentiality <=> encryption • Ink signatures <=> digital signatures • Passport <=> digital certificate • Issuing authority <=> certificate authority
Digital Signatures & Certificates • Digital Certificate • An electronic credential binding pieces of information together; generally including: • certificate holder name • certificate serial number • certificate expiration date • copy of the certificate holder’s public key • digital signature of the CA. So that a recipient can verify that the certificate is real.
Electronic Filing – Security Types of Security Substantial Change Management Most Resistance No Change Management Least Resistance B.C. Juricert PKI Administered by Bar Association Ontario Disk to access Software Entrust technology Personal Pin Number Electronic Audit trail to provide additional security Quebec User Code
Land Registration Electronic Submission • Any questions? comments?