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September 14, 2024
Given enhancements to RBC’s construction draw mortgage program, updated Instructions to Notaries and Lawyers are available for construction projects where the homeowner is financing an ADU (Accessory Dwelling Unit) which will be located on their land. Also, in New Brunswick, the lien holdback has been lowered to 10% (from 15%).
- 4176 – Builder/Construction Mortgage Additional Instructions Applicable to all Residential and Collateral Mortgages (All Provinces except Quebec and New Brunswick)
- 4176/54176 - Builder/Construction Mortgage Additional Instructions Applicable to all Residential and Collateral Mortgages (Quebec and New Brunswick only)
May 6, 2024
NOTICE: On March 28, 2024, Royal Bank of Canada completed the acquisition of HSBC Bank Canada (HSBC Canada), which was subsequently amalgamated with and continued as Royal Bank of Canada. Please refer to the Quebec tab of the Documents for Lawyers/Notaries for related information and instruction specific to that province.
April 25, 2024
Effective immediately, clients who applied to the former HSBC Bank Canada for a mortgage or home equity line of credit prior to its acquisition by Royal Bank of Canada on March 28, 2024 and are required to sign RBC mortgage disclosure documents or the RBC Homeline Plan Agreement must also sign this Addendum. It amends those RBC agreements to more closely align with the mortgage or home equity line of credit product the client(s) applied for at the former HSBC Bank Canada. The Special Instructions to Lawyer/Notary that you receive from RBC will indicate if our mutual client is required to sign the Addendum.
April 8, 2024
Please note changes to our general instructions for both conventional and collateral mortgages now require that:
- Once the Cost of Borrowing Disclosure is signed by the mortgagor, you must return as signed copy to us no later than 30 days from the date of closing;
- Provide to us a copy of the Statement of Adjustments
You may do both of these actions at the same time as making the Request for Mortgage Funds.
July 17, 2023
The following General Instructions to Notaries and Lawyers were updated to
reflect the changes as noted on the June 1, 2023, message.
- 04180 - Quebec and New Brunswick
- 54180 - Quebec and New Brunswick
- 03915 - Quebec and New Brunswick
- 53915 - Quebec and New Brunswick
June 13, 2023
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June 1, 2023
Effective, Thursday, June 1, 2023
- Bill 96
-
English Forms of Quebec Hypothecs
submitted for registration on or after September 1, 2022
(Québec only): We confirm that the
French version included in any English Deed of Hypothec
provided by us constitutes the faithful translation into
French of the English Deed of Hypothec, except for the
language section, which is omitted in the French version.
-
Requirement with respect to An
Act Respecting French, the Official and Common
Language of Québec (Québec
only) Effective as of June 1, 2023, if any of
the forms to be downloaded are provided to you in French and
English, please ensure that you remit to the Grantor and, if
applicable, Guarantor the blank French version of the form,
before the Grantor and, if applicable, the Guarantor sign
the English version of such form.
-
The address for the Quebec Personal Service Centre
has been changed to 1 Place Ville Marie, 2nd Floor, West
Wing, Montreal, Québec H3B 4S6.
The following General Instructions to Notaries and Lawyers will be updated
in due course.
- 04180 - Quebec and New Brunswick
- 54180 - Quebec and New Brunswick
- 03915 - Quebec and New Brunswick
- 53915 - Quebec and New Brunswick
March 27, 2023
Effective, Monday March 27, 2023, the address for the
Quebec Personal Service Centre has been changed to 1 Place Ville
Marie, 2nd Floor, West Wing, Montreal, Québec H3B
4S6.
Please note that only the civic address has changed. The
notice of address number remains unchanged.
The following General Instructions to Notaries and Lawyers
will be updated in due course.
- 04180 - Quebec and New Brunswick
- 54180 - Quebec and New Brunswick
- 03915 - Quebec and New Brunswick
- 53915 - Quebec and New Brunswick
February 06, 2023
-
The General Instructions to Lawyers have been amended to include a new
clause under the section Identification of the Parties
relating to the Prohibition on the Purchase of Residential Property
by Non-Canadians Act, S.C. 2022, c. 10, s.235. It outlines the
responsibility of the lawyer/notary to obtain on closing a statutory
declaration from the purchaser(s) confirming their eligibility to
purchase the property under the legislation. The following forms have
been updated.
-
Effective immediately, the General Instructions to Lawyers for mortgages
where the property is "held in trust" have been amended under section
5 "Insurance" which covers the issue of required
insurance, this includes a new clause "If the property is held "in
trust", ensure that the policy lists the registered and beneficial
owners of the property as co-insured's".
General Instructions to Lawyers Amended:
- 04180 - All Provinces except Quebec and New
Brunswick
- 04180 - Quebec and New Brunswick
- 54180 - Quebec and New Brunswick
- 03915 - All Provinces, except Quebec and New
Brunswick
- 03915 - Quebec and New Brunswick
- 53915 - Quebec and New Brunswick
January 23, 2023
Effective January 23rd 2023, when preparing
the required documents for a conventional mortgage where the title holder is
a corporation, the Specific Instructions for all Residential
Mortgages/Hypothecs (Form 3322) / Instructions particulières pour
toutes les hypothèques résidentielles (Form 53322) may not
include all borrower names due to a system limitation. As a result please
review the Approval of Mortgage and Cost of Borrowing Statement of
Disclosure (COB) and include in the mortgage the name(s) of all
borrower(s)/guarantor(s) indicated on the document.
December 5, 2022
Effective January 1, 2023, the General Instructions to
Lawyers have been amended to include a new clause under the section
"Identification of the Parties". The clause refers to the Purchase of
Residential Property by Non-Canadians Act, S.C. 2022, c. 10, s.
235. It outlines the responsibility for determining the
applicability of the Act and its regulations to a particular transaction
that rests with the lawyer or notary acting for the purchaser of the
residential property:
- 04180 - All Provinces except Quebec and New
Brunswick
- 04180 - Quebec and New Brunswick
- 54180 - Quebec and New Brunswick
- 03915 - All Provinces, except Quebec and New
Brunswick
- 03915 - Quebec and New Brunswick
- 53915 - Quebec and New Brunswick
October 24, 2022
Quebec only: Our mortgage instructions have been updated to
reflect changes to the laws of the Province of Quebec. Please continue to
temporarily register the Deeds of Hypothec directly with the provincial
registry and not through the Assyst Real Estate platform. All other
functions are to be completed normally on the Assyst Real Estate platform.
We are working with Assyst Real Estate to have the new Deeds of Hypothec
available to you on that platform as soon as possible.
We thank you for your cooperation in managing this change.
September 1, 2022
- English Forms of Quebec Mortgages
submitted for registration on or after September 1, 2022:
If our mutual client is granting a Mortgage on a property
located in Quebec and wishes to sign the English Language Mortgage form,
please make sure you use the most recent version of the applicable
English Deed of Hypothec found on our legal documents website at www.rbcroyalbank.com/legalforms. Our English
forms of Deeds of Hypothec have been updated to comply with the laws of
the Province of Quebec by including a French version of the Deed of
Hypothec after the English version. The English language Hypothec form
must be registered by way of an Extract of the French version contained
within the English Deed of Hypothec. If the client will be signing the
English Deed of Hypothec, please ensure you complete the English
sections of the Deed in English, and the French sections of the Deed in
French.
For purposes of completing the French extract within an English language
Mortgage in Quebec in favour of Royal Bank of Canada, the MORTGAGEE NAME
is Banque Royale du Canada.
- Quebec Deeds of Movable Hypothec (Form
805) signed in English to be registered at the RPMRR as of September
1, 2022:
Where our mutual client is also signing a Quebec Deed of
Movable Hypothec (Form 805) in English, the registration of such
hypothec at the Register of Personal and Movable Real Rights (the
"RPMRR") will have to be made entirely in French. The description of the
home will have to appear in French in the RPMRR registration and the
following text in English appearing in section 1.2(a)(4) of Form 805:
"present and future rights and claims under insurance policies covering
the property described (…)"
will have to be translated
into French as follows for purposes of the RPMRR
registration:
"les droits et indemnités d’assurance,
présents et à venir, couvrant les biens décrits
(…)."
-
Temporarily you will be required to register the Deeds of Hypothec
directly with the provincial registry and not through the Assyst Real
Estate platform. All other functions are to be completed normally on the
Assyst Real Estate platform. We are working with Assyst Real Estate to
have the new Deeds of Hypothec available to you on that platform as soon
as possible.
We thank you for your cooperation in managing this change.
March 2022
NOTICE: Due to the expected Bank of Canada rate increases in 2022 we anticipate an increase in changes to mortgage instructions after each rate increase announcement and prior to closing of the transaction. As such, it may be necessary for RBC to re-issue mortgage instructions due to changes in the interest rate and amortization period which will need to be disclosed to the client. Revised instructions will only be sent if they are required. You do not need to call RBC to find out if new instructions are required.
March 7, 2022
As of February 28, 2022, RBC will no longer accept faxed or emailed requests
for payout statements and/or discharge/transfer requests. As of this date,
our fax number and email address for these requests will no longer be
operative and your request will not be received by RBC. Please submit all
requests for payout statements and/or discharges/transfers via the Mortgage
Statement and Discharge/Transfer Portal using the link below. There are no
new or additional fees payable to submit requests via this portal: https://payout.firstcdn.com/Profile/Login.aspx
February 28, 2022
Effective February 28, 2022, the General Instructions
to lawyers have been amended to reflect the change/addition below where
applicable:
- 04180 - All Provinces except Quebec and New
Brunswick
- 04180 - Quebec and New Brunswick
- 54180 - Quebec and New Brunswick
- 03915 - All Provinces, except Quebec and New
Brunswick
- 03915 - Quebec and New Brunswick
- 53915 - Quebec and New Brunswick
- RateCapper & Self Directed RRSP:
References to RateCapper Mortgages & Self Directed RRSP have been
removed as these product are no longer offered by RBC.
- Disbursement of Funds: This
section has been updated to clarify that RBC only originates mortgages
through its proprietary channels and does not work through mortgage
brokers. As such, RBC Royal Bank mortgage funds are not to be disbursed
to a mortgage broker.
August 23, 2021
NOTICE: Due to the recently announced National Day for
Truth and Reconciliation for federally regulated workers
that will be observed as a statutory holiday on September 30, Payments
Canada has announced the closure of the payments system on September 30th.
As such, RBC will not accept any new transactions closing September 30,
2021. Please amend closing dates to a standard business day.
For transactions which may have already been submitted and approved by RBC,
please work on a best efforts basis with clients to amend the
closing date to a standard business day.
July 19, 2021
Effective July 19, 2021 please note we have
implemented changes to how to make a mortgage statement and
discharge/transfer request.
Please visit the Mortgage Statement and Discharge/Transfer Portal link under
the Quick Links section located on the left hand ribbon of
this page for all the important details.
March 31, 2021
Effective March 31, 2021 the following General
Instructions to Lawyer/Notary have been amended to reflect the
change/addition below where applicable:
- 04180 - All Provinces except Quebec and New
Brunswick
- 04180 - Quebec and New Brunswick
- 54180 - Quebec and New Brunswick
- 03915 - All Provinces, except Quebec and New
Brunswick
- 03915 - Quebec and New Brunswick
- 53915 - Quebec and New Brunswick
The section Corporation As Mortgagor
has been amended to exclude as co-borrowers/ guarantors any shareholders who
are minors on the date of the transaction.
December 17, 2020
Change to deed of hypothec securing an RBC Homeline
Plan:
Changes to the Regulation respecting land registration
will come into force on February 1, 2021. In anticipation of this change you
are instructed to make the following change to the Deed of Hypothec, Form
4165/54165:
- In section 2.1, in the paragraph describing the
secured obligations for hypothecs securing an RBC Homeline Plan, delete
the following words: and referenced with your RBC Homeline Plan Number
(#), as such number may be replaced or amended from time to time.
Consequently, please disregard section 1(p)(2) of our
Specific Instructions Notary, 2nd bullet point, regarding the Homeline Plan
Number.
The Deed of Hypothec, Form 4165/54165, and our
Specific Instructions to Notary, will be updated in due course.
July 23, 2020
Effective immediately, the following client
acknowledgement letters are required as part of the final report supporting
documents:
- Construction Homeline Plan - Client
Acknowledgement - Form 310007
- PPI - Mortgage - Client Acknowledgement - Form
310017
- PPI - Homeline Plan Client Acknowledgement - Form
310019
If any of the above documents are included in the
document package, please ensure you return the documents with the final
document package. Our instructions to lawyers will be updated in due course
to include this final report requirement.
July 5, 2020
Effective July 5, 2020, there are multiple changes
made on leasehold mortgages on First Nation Lands or non-First Nation Lands,
as a result, the General Instructions to Lawyer/Notary have been updated:
3915 (05-10-2020) - General Instructions to Lawyer/Notary -
Collateral Mortgages/Hypothecs - All Provinces, Except Quebec and New
Brunswick
3915/53915 QC/NB (05-10-2020) - General Instructions to Lawyer/Notary
- Collateral Mortgages/Hypothecs Quebec and New Brunswick Only
- Section 2c has been updated to indicate a
lender’s title insurance policy from a title insurer is required
for leasehold mortgage on non-First Nation land
- Section 10 has been updated to indicate if this
is a Homeline Plan or Collateral Mortgage, the remaining term of the
lease must be 35 years or greater
4231/54231 (05-10-2020) – Additional Instructions to Lawyer
Leasehold Mortgages on Indian Lands
- Section 1 has been updated to indicate if this is
a Homeline Plan or Collateral Mortgage, the remaining term of the lease
must be 35 years or greater
- Section 3 has been updated to include Chicago
Title Insurance as the approved title insurer for leasehold mortgages on
Indian Lands
4180 (05-10-2020) – General Instructions to Lawyer/Notary
– Residential Mortgages/Hypothecs – All Provinces, Except
Quebec and New Brunswick
4180 / 54180 QC/NB (05-10-2020) – General Instructions to
Lawyer/Notary – Residential Mortgages/Hypothecs – Quebec and
New Brunswick Only
- Section 2b has been updated to indicate a
lender’s title insurance policy from a title insurer is required
for leasehold mortgage on non-First Nation land
June 10, 2019
Effective Monday, June 10, 2019, Royal Bank of Canada
mortgages must identify if they secure an RBC Homeline Plan. As a result,
the General Instructions to Lawyer/Notary and all collateral mortgage forms
have been updated.
3915 (06-09-2019) - General Instructions to Lawyer/Notary –
Collateral Mortgages/Hypothecs – All Provinces, Except Quebec and
New Brunswick
3915/53915 QC/NB (06-09-2019) – General Instructions to
Lawyer/Notary – Collateral Mortgages/Hypothecs Quebec and New
Brunswick Only
- In all provinces except Quebec, lawyers and
notaries must select between a mortgage which secures all obligations or
a mortgage which secures an RBC Homeline Plan. Changes have been made in
Section 3, "Mortgage Preparation", for all provinces and/or territories.
- B.C. - Also in the General Instructions to
Lawyer/Notary for all provinces, there is a new attachment 1 at the end
of the Form 3915 (06-09-2019) General Instructions
which provides instructions to complete the British Columbia Form E
schedule.
- For Quebec, for hypothecs granted to secure an
RBC Homeline Plan, notaries must use the Deed of Hypothec –
Specific Indebtedness Form 4165/54165 (06-09-2019).
Changes have been made to the General Instructions to Lawyer/Notary,
Section 3, "Mortgage Preparation"
Mortgage Forms:
Amendments have been made to mortgages and to standard
charge terms (where applicable). These changes include provisions for
mortgages securing an RBC Homeline Plan Agreement, and a new clause in the
"Enforcing our rights" (in Quebec, "Defaults") section
Quebec
- If the hypothec secures an RBC Homeline Plan: You
must use deed of hypothec Form 4165/54165
(06-09-2019). In section 2 ("Secured Obligations"),
subsection 2.1 ("Description"), there is a new paragraph for RBC
Homeline Plan. Three new fields must be entered
- RBC Homeline Plan limit
- Date the client signed the RBC Homeline
Plan Agreement
- RBC Homeline Plan account number
- If the hypothec secures obligations other than
under an RBC Homeline Plan: All mortgages on immovable property in
Quebec must use the deed of hypothec Form 4165/54165
(06-09-2019) for variable rate or Form 3923/53923
(09-15-2006) for fixed rate in the following circumstances:
- The hypothecary debtor is a natural
person
- The deed of hypothec will be registered
and the loan advanced, or the suretyship signed, on or after
August 1, 2019.
- In Section 2 ("Secured Obligations"),
subsection 2.1 ("Description"), select the appropriate paragraph
(Loan, Line of Credit or Suretyship) and insert details of the
specific obligations secured by the deed of hypothec
For all provinces and territories, except Quebec:
Changes include a distinction between a mortgage that
secures all obligations, and a mortgage that secures an RBC Homeline Plan.
When preparing the mortgage the lawyer must select the appropriate
paragraph. Please use the mortgage forms having a revision date of
(06-09-2019) which will be available on our website on June
10, 2019. For provinces with standard charge terms, please note the new
filing number.
In addition:
Alberta Form 3928 (06-09-2019) - Collateral Mortgage Prime
Rate - A new Schedule A has been added to disclose whether the mortgage
secures all obligations or RBC Homeline Plan
New Brunswick Form 3951/53951 (06-09-2019) –
Collateral Mortgage – Form 15.1 – Prime Rate – Schedule D
has been updated to select and disclose whether the mortgage secures all
obligations or RBC Homeline Plan
Ontario Form 3952 (06-09-2019) – Schedule of
Additional Terms – Prime Rate – Amendments to disclose whether
the mortgage secures all obligations or RBC Homeline Plan
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