Page 1 of 3 POSITION DESCRIPTION REPORT (PDR) - OAG JD# 1. Position Information Position Title Senior Real Estate Law Clerk Position Code 83543 86193 88054 149006 Ministry Branch Transportation Engineering, Property Section Northern Region 1992503 Conveyancing Supervisor 83531 Functional Code ( First digit) Bargaining Unit OPSEU Location Location Code Supervisor’s Position Title Supervisor’s Position Code Class OAG11 Class Schedule Staff Category 3 RPT Scheduled Hours of Work Seasonal Work Period Winter Code(s) Summer Spring Fall (1 = winter, 2 = spring, 3 = summer, 4 = fall) Supervises/Provides Group Leadership to : No. of Positions ____1___ No. of Employees ___4____ 2. Purpose of Position To search title; process acquisition, compensation and property sale agreements; and complete the conveyance of real estate transactions. To perform activities related to expropriation procedures (i.e., statutory procedures related to taking of privately owned property, by government under eminent domain) in accordance with the provisions of the Expropriations Act. 3. Duties/Responsibilities The job requires: 1) Investigating by searching and abstracting (i.e., condensed history of title to land, consisting of a synopsis of all conveyances, which affect said land, estate or interest) chain of title (i.e., successive conveyances arranged consecutively from the original source of title down to the present holder) for real property to a commencement point of 40 years, using Teraview (i.e., integrated and automated land information service) or by visiting/contacting various offices within the regions (i.e., Municipal Offices, Land Registry Offices, Assessment Offices, Sheriff’s Offices and Corporations Office), to identify and resolve discrepancies and deficiencies (i.e., quality and extent) of title, for example whether occupational boundaries conflict with legal title and encumbrances, along with plotting boundaries of property ownership either manually o r electronically with application of computer software packages (e.g. Autocad). 2) Processing agreements (i.e., damage claims, licenses, property acquisition/disposition agreements and Section 25 Payments) regardless of value, from receipt of files, payment of compensation or receipt of payment, and the conveyance of real property in accordance with pre-determined closing dates (i.e., date on which final steps of the transaction are completed including payment of the consideration and the delivery of a deed/release). Composing and preparing land transfer documentation for the acquisition and disposal of property, including processing transactions utilizing the electronic registration system (e-reg.) including obtaining MTO legal concurrences. Reviewing and recommending for payment legal accounts from solicitors, by ensuring itemised accounts correspond to actual events, letters, and meetings, and appropriateness of disbursements. Performing expropriation procedures by managing files, serving notices, preparing affidavits as required, and completing document registration at various locations and offices throughout the region, or via electronic registration in accordance with pre-determined schedules as prescribed in the Expropriations Act. 3) 4) 4. Staffing and Licensing Requirements Valid Ontario Class "G" Driver's Licence and an acceptable driving record. Page 2 of 3 5. Knowledge 1) Thorough knowledge of Ontario real estate practices, legal terminology, and legislation (i.e., relevant sections of the Revised Statutes of Ontario, such as but not limited to the Expropriations Act, Registry Act, Land Titles Act, Planning Act, Business Corporations Act) and government directives, policies, and guidelines related to contract law, common law, estate law, corporate law to search title, to interpret deeds, easements, licenses, to compose and prepare land transfer documentation for the acquisition and disposal of property, to process and finalize conveyance and closing of acquisition, compensation and property sale agreements, and to perform expropriation procedures by managing files, serving notices, and completing document registration at various locations and offices throughout the region, as prescribed in the Expropriations Act . Thorough knowledge of methods used to plot boundaries of land from legal descriptions either manually or electronically with application of computer software (e.g. Autocad), and to resolve discrepancies and deficiencies of title. Thorough knowledge of the expropriation procedures to manage files, serve notices, and complete document registration at various locations and offices throughout the region, by ensuring all interests to be expropriated are identified, and all documentation is prepared accurately and completely, and served on these interests to meet the requirements of pre-determined schedules as prescribed in the Expropriations Act. 2) 3) Working knowledge of word processing, spreadsheet, and database computer software packages relevant to the position (i.e., Microsoft Office Suite, Lotus Notes, Autocad, Form L Ware (LandForms), Internet Explorer, etc.), operating within a Windows environment, sufficient to produce letters, memoranda, reports, and enter, retrieve, manipulate and verify data. Job requires computer knowledge to enter and retrieve data and documents to summarize title, process agreements, prepare legal documentation and perform expropriation procedures. (con't. on Page 3) 4) 6. Skills 1. Investigative skills to scrutinize and interpret abstracts, reference plans, expropriation plans, assumption plans and other plans, metes and bounds descriptions, documents and sketches for the purpose of plotting property boundaries, rights of way and easements to determine registered ownership and which documents (e.g. deeds, quit claims, mortgages, easements, notices of claim) are pertinent to a commencement period of 40 years, and to identify and resolve discrepancies and deficiencies of title. Evaluative skills to determine if agreements have been properly executed, witnessed and sealed, proper seals of corporation are affixed with names and positions of officer in corporation in accordance with Business Corporations Act, and letters of administration and estate documentation checked in accordance with the rules of estate law. 2. (con't. on Page 3) 7. Freedom of Action See Page 3. 8. Signatures Manager Class Allocation Class Title Date Ministry Official Class Code 110AD BU OPSEU Date Effective Date SEPTEMBER 1, 2001 9. Office Administration 11 Knowledge Level Core I have classified this position in accordance with the Civil Service Commission Classification Standards. Factor points scores are as follows: Skill Technical Block* N/A Judgement Level Accountability Level Group Leadership Level Point Total 3 4 1 2 0 3b 4 190 Points *Blocks 95 Points Points Points 3a - Shorthand (30 pts) 3b- Dicta (10 pts) Points 4 - Linguistic (30 pts) 1 - Fully programmable word processing (30 pts) 2 - Touch typing (20 pts) Signature of Authorized Evaluator Date Authorized Evaluator’s Name Diane Mathieu Page 3 of 3 3.) 5.) Duties/Responsibilities (con't.) Acting as a Commissioner for the purpose of administering Oaths and taking Affidavits in connection with the business of the Ministry of Transportation (ie. Expropriation, legal proceedings, etc.). 6. Skills (con't.) 3. Analytical skills to review chain of title to ensure unencumbered title is obtained by the Crown (e.g., partial/full discharges of mortgages, quit claim deeds, statutory declaration of possession, clearance of mechanics liens and Certificates of Pending Litigation) and ensure owners and registered owners are appropriately served legal documentation under the Expropriations Act by reviewing each document registered for the accuracy of parties, legal description, affidavits, recitals, and releases and consents by parties are attached and determining if requisitions (i.e., formal demands in writing outlining a request) are required. Written communication skills to use legal terminology to communicate with the legal profession, municipalities, government agencies, the public, and MTO staff regarding resolution to title deficiencies and discrepancies, compensation, and property sale agreements. Job requires communication skills to make and respond to requisitions from lawyers in order to finalize the conveyance of real property. Job requires written skills to compose letters, legal documents and reports outlining chronological sequence of events and composing public notices for the expropriation process. Interpersonal skills to resolve disputes between the ministry, lawyers and/or members of the public regarding deficiencies and discrepancies of title, requisitioning removal of encumbrances, and issues related to expropriation procedures by outlining policy and precedents and where necessary agreeing to undertake further investigation. Mathematical skills to calculate and adjust compensation on closing based on mortgage entitlement, property taxes, Goods and Services Tax, land area adjustments and interest calculations. Computer skills in Ministry supported software. 4 5 6 7. 7. Freedom of Action Incumbent works in accordance with statutes, government and ministry directives, policies, and guidelines with minimal supervision, away from direct contact with supervisor, to autonomously investigate by searching and abstracting chain of title for real property including plotting boundaries of property ownership and identifying and resolving discrepancies and deficiencies of title; to independently process agreements from receipt of files, payment of compensation or receipt of payment, and the conveyance of real property in accordance with pre-determined closing dates including ensuring agreements have been properly executed, witnessed and sealed, proper seals of corporation are affixed with names and positions of officer in corporation in accordance with Business Corporations Act. Ensuring unencumbered title is obtained by the Crown and owners and registered owners are appropriately served legal documentation under the Expropriations Act by reviewing each document registered for the accuracy of parties, legal description, affidavits, recitals, and releases and consents by parties are attached and determining if requisitions are required, to independently compose and prepare legal documentation for agreements (i.e., deeds, letters of requisition, mortgage releases) to process agreements, and finalize conveyance and document registration. Incumbent refers unusual issues not covered by policy and/or precedent to the Conveyancing Supervisor including recommending to Supervisor whether compensation should be paid into Court under Section 38(1) of the Expropriations Act; regular reviewing, monitoring, and checking on performance occurs; however, lawyers representing external interests, could bring errors or omissions to the attention of the Senior Real Estate Law Clerk and/or the Supervisor, if to the benefit of their client.