Combined Document - Frequently Asked Questions

When did the document in document fees come into effect?
Why is there a charge of $200 or more for recording some documents?
What is the purpose of this fee?
Why are documents that are attached to Statutory Declarations allowed to be recorded for $100.00, as part of the declaration?
How can I avoid paying the additional fee for documents contained in other documents?
What is the fee for a Marriage or Death Certificate which is attached to a Deed or is part of a Statutory Declaration?
Why is there a charge for an un-probated will that is attached to a deed when the will could not be recorded separately?
If a document within another document does not contain original signatures (a deed with a Judgment Declaration, for example), is the included document still considered a separate document for the purpose of charging the recording fees?
Does the fee for included documents apply only when both documents are originals?
What do Land Registration Office staff do about documents that are inside documents but are photocopied as part of that document?
If there is an assignment of bankruptcy with a caveat attached, is this considered a document in a document?
Won’t it be confusing for Land Registration Office staff and users if there is a charge for some documents when they are included with a deed, but there is no charge for the same documents when they are attached as evidence to a Statutory Declaration?
Do Land Registration Office staff have the right to refuse a document that contains another document, when it is accompanied by a $100.00 cheque?
Why do documents that pertain to the same grantor need to be recorded separately? They don’t need to be indexed out of any other
How are attached plans dealt with under the document in document fees?
Would a copy of a Certificate of Judgment that is attached to a deed attract an additional document fee?
How will Land Registration Office staff know that documents are included in other documents? Will they get special training to be able to make a decision about what the recording or filing fee should be?
Does a specific POA which is attached or included in a document attract a separate document recording fee?
Have a question?

When did the document in document fees come into effect?

The Cost and Fees Act regulations regarding document in document fees were effective beginning February 1, 2002.

Why is there a charge of $200 or more for recording some documents?

The Cost and Fees Act regulations indicate that a $100.00 fee will be charged for each document, plan or instrument type filed or recorded, whether it is recorded individually or if several documents are combined together in one submission to the Land Registration Office. If you are recording a document which contains another document, the recording fee will be charged for each, as though they were being
recorded separately. Users should record separate documents, where appropriate, so that they may be indexed. If the attached documents are already recorded in the Land Registration Office, a reference to the book and page can be used to avoid the additional document fee.

What is the purpose of this fee?

This document in document fee helps to maintain the integrity of information in the Land Registration Office system. Over the past several years, Registrars of Land Titles across the province have noted an increased tendency for those recording documents to combine several documents into one. Combined documents are only indexed by the first or main document and any other documents contained in the main document are not noted in the Grantor Grantee Index. As a result, some land information and documents are difficult to find and the completeness of the Grantor Grantee Index is impacted. If this is not corrected, over time the integrity of Nova Scotia’s land tenure system will be compromised.

Why are documents that are attached to Statutory Declarations allowed to be recorded for $100.00, as part of the declaration?

In general, documents appended to a Statutory Declaration are used to support the statements made by the deponent in the declaration. They are not separate documents when used in this fashion. This is true for all documents except a deed or mortgage. If a deed or mortgage is attached to a Statutory Declaration, the separate $100.00 fee will be charged for the deed or mortgage as well as the Statutory Declaration. No separate fee will be charged for any other documents attached to the Statutory Declaration.

How can I avoid paying the additional fee for documents contained in other documents?

Where a document being attached has already been recorded, it is preferable to reference the recording particulars rather than including a copy of the document itself.

However, if other documents are attached to the main document, they will not attract an additional document fee if any of the following applies:

If it is apparent that the attached document was previously recorded in the same county (i.e. by the presence of a Registry Stamp or the inclusion of an e-submission form);
If the document attached is not recordable as a separate document;
If the main document is a statutory declaration and unrecorded documents have been attached (except deeds and mortgages) and/or if any other previously recorded documents are attached.

What is the fee for a Marriage or Death Certificate which is attached to a Deed or is part of a Statutory Declaration?

There is no additional fee for attaching a Marriage or Death Certificate to a deed. As a matter of practice, the Death Certificate is often attached to the deed to prove the statements set out in the recitals. Death and Marriage Certificates attached to Statutory Declarations are also recorded as proof of the statements and therefore are an integral part of the document. The fee for recording is $100.00.

Why is there a charge for an un-probated will that is attached to a deed when the will could not be recorded separately?

Un-probated wills should not be recorded as part of a deed. They do not form a part of the document of conveyance. While they cannot be recorded on their own, they can be recorded as a schedule to a Statutory Declaration. This is the appropriate way to record the will. The fee is being charged to ensure that documents are prepared and recorded separately when appropriate so that the information contained in the indices is accurate and complete.

If a document within another document does not contain original signatures (a deed with a Judgment Declaration, for example), is the included document still considered a separate document for the purpose of charging the recording fees?

The presence or absence of original (or any) signatures on the attached/included document is not the key to determining that there should be a charge for the included document. The key is the inclusion of additional information in another document (most often the deed) which should be recorded separately. The separate charge for the document is not because it can be recorded as a stand-alone document, but because it should be recorded separately, or as part of a Statutory Declaration.

Does the fee for included documents apply only when both documents are originals?

Included documents are typically used as evidence of sworn statements contained elsewhere in the main document, usually a matrimonial status affidavit. These included documents are not being indexed or copied and recorded separately. They are part of the main document being recorded (e.g. the deed). Under the document in document fee regulation, these included documents must be charged for as if they were recorded as separate documents, even if they are not in a form appropriate for separate recording. Separating the documents is the lawyer’s responsibility and is in keeping with the purpose of the GGI and land registration system itself.

What do Land Registration Office staff do about documents that are inside documents but are photocopied as part of that document?

Staff will not be asked to separate the documents. They will return documents that do not have the proper fees attached. Included documents will not be indexed or copied and recorded separately. They will continue to be indexed only by the main document being recorded (e.g. the deed).

If there is an assignment of bankruptcy with a caveat attached, is this considered a document in a document?

If an Assignment of Bankruptcy is presented for recording with a caution or caveat attached, this is to be treated as one document. The Bankruptcy and Insolvency Act states that a previously unrecorded assignment may be accompanied by a caveat when presented for recording. For this reason, if a caveat is present, it is considered to be a part of the assignment and therefore does not attract a separate document fee.

Won’t it be confusing for Land Registration Office staff and users if there is a charge for some documents when they are included with a deed, but there is no charge for the same documents when they are attached as evidence to a Statutory Declaration?

The clear rule is that documents (except a deed or mortgage) attached to a Statutory Declaration will not attract an additional document charge. All documents attached to a deed, except the Affidavit of Marital Status, a Marriage or a Death Certificate will attract the additional document charge. One way to keep this cost to a minimum is to include book and page references for any previously recorded documents, rather than attaching another copy to the document. The documents attached to a deed, for which a separate fee is being charged, should properly be recorded as part of a Statutory Declaration. If the documents are acting as evidence to facts contained in a declaration, a declaration fee will apply whether a separate declaration is recorded or one is embedded in a document such as a deed. In essence, the additional fee is for the Statutory Declaration contained in the deed.

Do Land Registration Office staff have the right to refuse a document that contains another document, when it is accompanied by a $100.00 cheque?

Section 13 of the Registry Act says that every registrar shall, for his services, be allowed the fees and allowances specified on that behalf in the Costs and Fees Act. The fee schedule specifies that multiple documents combined into one document will attract separate recording fees for each. Failure to pay in accordance with the regulations prevents the registrar from providing the service of registration, all in accordance with section 13. This would be the same as if a single document were submitted for registration without the requisite recording fee - the document would be returned with a request that the proper recording fee be sent in with the document.

Why do documents that pertain to the same grantor need to be recorded separately? They don’t need to be indexed out of any other

Separate recording of all documents is important to maintain the integrity of the information in the Grantor Grantee Index. If not recorded separately, the existence of an included document would be hidden and only a close review of the main document (e.g. the deed) would reveal that the document actually contains other important information that speaks to the quality of title held by the grantor. These documents should be indexed separately so that the index reflects the full effect of all provisions in the document. Any attached or included document will be "buried,” unseen in the GGI. This is counter to the purpose of the GGI and the land registration system itself.

How are attached plans dealt with under the document in document fees?

Plans that are legal sized will not attract an additional document fee. If a plan, portion of a plan, or sketch accompanies a deed and is on letter or legal-sized paper, it doesn’t count as a separate document. Most often, the attachment is added to give a graphic representation of a legal description, to help explain the description. Oversized plans (i.e. those that will not fit on a legal-sized sheet) must be filed separately from other documents. As is the current practice, a separate fee is charged for filing the oversized plans. Plans of survey (retracement plans), regardless of their size or whether or not they are attached to a document, do not attract a recording fee.

Would a copy of a Certificate of Judgment that is attached to a deed attract an additional document fee?

Any time a person attaches a copy of a document, other than the Affidavit of Marital Status, Marriage or Death Certificate, to a deed, a separate fee of $100.00 will be charged. This applies equally to documents that are attached as proof of recitals in the deed or as proof of statements in the Affidavit of Marital Status. Documents offered in proof of statements contained in an affidavit or as proof of recitals should be put in a separate Statutory Declaration. To avoid the additional document fee, any documents being referenced in recitals or the Affidavit of Marital Status that are already recorded at the Land Registration Office should be referred to by their book and page number, rather than being attached as a copy.

How will Land Registration Office staff know that documents are included in other documents? Will they get special training to be able to make a decision about what the recording or filing fee should be?

If there is legitimate doubt in a staff person’s mind as to whether a document is, in reality, more than one document, the document should be recorded for a single document fee of $100.00. Section 13 of the Registry Act says that the registrar is to be paid fees for services as specified in the Costs and Fees Act. That Act has recently been amended so as to require separate fees where documents are combined and presented in a combined form as one document. Staff will be given examples of documents within documents and will review documents as they do now. Support will be provided for staff when questions arise.

Does a specific POA which is attached or included in a document attract a separate document recording fee?

A general POA must be filed in the General POA Roll and attracts a separate document fee. A POA which is specific to a transaction and is included in or attached to the document which supports the transaction will not attract a separate recording fee. A specific POA which grants someone Power of Attorney for a parcel or parcels of land but is not specific to a land transaction will attract a separate recording fee if attached or combined with a document.

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