Form C Charge (Priority Agreement)

Complete the name, address, phone number and (optional) more information.

If, at the time the application is submitted, it is intended to register the applicant’s priority agreement subject to a caveat under section 288(2) of the Land Title Act, the appropriate written statement may be made in the additional information field.

In cases where a transferee has only one name, open the More information field and enter “the transferee has only one name”. See paragraph 6.11 for guidance on completing Transferee Name fields when the transferee has only one name.

Priority agreement is the only charge type available on this form. If you wish to submit an application with different charge types on the same form e.g., covenant and priority agreement, you must use the general Form C (Charge).

After you add a Priority Agreement to the list, the form will generate new text entry fields to enter subsequent and prior charge numbers and if applicable, additional or modified terms.

Enter the subsequent and prior charge numbers. The system will look up the charge numbers to confirm they are active charges and enters the charge types in the text entry fields. To complete the system lookup, you must tab out of the field or click on another field in the section.

When you enter the charge numbers, the system will create a description of the priority agreement in the Additional Information section in Item 3 of the form. The description of the priority agreement in the Additional Information section includes the definitions of “Subsequent Charge” and “Prior Charge(s)”, that link to the definitions of “Subsequent Charge” and “Prior Charge(s)” in the standardized Part 2 Terms.

For each Subsequent Charge and Prior Charge, only one extension or modification charge can be referenced on the form. If there are multiple extensions or modifications pertinent to a Subsequent Charge or Prior Charge, you must use the general Form C Charge.

When you enter extension or modification details, the information is included in the Additional Information fields.

The Terms of Instrument defaults to a consideration of $1.00 and other valuable consideration. The Consideration Value and Other consideration fields can be amended as required. There must be a monetary consideration value.

The Additional or Modified Terms field may be used to enter any additional terms beyond the words of grant included in the Standardized Part 2 Terms.

For each priority agreement added to the list, a separate Terms of Instrument is appended to the form and consecutively numbered as Terms of Instrument #1, Terms of Instrument #2, etc.

When you generate the Web Filing Form, the system creates a standardized grant of priority agreement terms and appends it to the form as a Part 2, Terms of Instrument. Any additional terms entered in the Terms of Instrument section is included after the grant

Complete the PID or Plan Number and Legal Description associated with the priority agreement.

The following legal description abbreviations are acceptable:

A Part 2 – Terms of Instrument that includes words of grant is automatically created and appended to the web filing form when you generate the form. This section is read only and the form defaults to Express Charge terms (annexed to this charge as Part 2).

Complete full name of the transferor(s) as it appears on title.

Complete the Capacity field if applicable.

If a capacity is selected and text is entered in the field, the menu selection will automatically change to Other. The Capacity field will retain the text already entered and additional text can be added if needed.

Complete the full name, address, occupation and incorporation number (applicable to corporation) of the Transferee.

If the transferee is to hold the interest in a representative capacity, the capacity must be entered in the Capacity field.

If a capacity is selected and text entered in the field, the menu selection will automatically change to Other. The Capacity field will retain the text already entered and additional text can be added if needed.

Additional information such as references to branch offices or other descriptive information must not be included in the name field. This information may be included in the street address if space accommodates.

When transferees are taking ownership as unequal fractional interests, you must set out the transferees respective interest. The interest must total 1.

When transferees are taking ownership as joint tenants, you must select Yes to establish joint tenancy.

In cases where a transferee has only one name,

a)	In the Given Name(s) field, enter N/A and in the Last Name field, enter the name and,
b)	In the Applicant Section, More Information field, enter “The transferee has only one name”

The electronic filing system will reject the application if the Given Name or Last Name field is empty.

Complete the witnessing officer, execution date and transferor details and where applicable the authorized signatory on behalf of the transferor.

In the case of an application executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporate attorney is acting as the attorney for the transferor.

This section can be completed after the form is printed and executed. See the Practice Note on truing up (editing) an original electronic instrument. When you generate the web filing form, the execution section provides Transferor / Transferee / Party Signature(s) as signature options.

When truing up the electronic instrument, you can add a Transferee / Party Signature in the Transfer or Name or Corporate Signatory Name fields.

If the application includes an informational document, upload the document in PDF format in this data entry section of the form. Informational documents are not a requirement to file.

After completing the data entry sections, see a preview of the web filing form. You can review, validate, download and E-sign on this page.

Once the web filing form is complete, the document must be printed and executed in accordance with Part 5 of the Land Title Act.

Stay in compliance with Land Title Act, Part 10.1 and the Quality Verification Program. Ensure the timestamp on the execution copy is identical to the timestamp on the web filing form before submitting your package to the land title office.