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Federation of Ontario Law Associations
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COVID-19 REAL ESTATE UPDATE - JAN 18

READ IT HERE

REAL ESTATE UPDATES

COVID-19 & REAL ESTATE LAW- WHAT YOU NEED TO KNOW

COVID-19 & REAL ESTATE LAW- WHAT YOU NEED TO KNOW

COVID-19 & REAL ESTATE LAW- WHAT YOU NEED TO KNOW

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Click here for FOLA's most recent COVID-19 update.

For past COVID-19 updates, click here 


 List of banks allowing lawyers to make the payment of mortgage discharges by wire 


LSO guidance on wire transfers and, in particular, who is responsible for the wire transfer fees (Dec 17)


SCJ Notice re: Appeals from the Landlord and Tenant Board in the Divisional Court (Effective August 24, 2020)


SCJ Notice re: filing direction for Commercial List and Estates List matters  (Aug 17)  *applies to Toronto only. The processes in other regions are unchanged  


Direct link to Lawyers Delayed Closing Escrow Agreement Working Group site for the Lawyers Delayed Closing Escrow Agreement  


HERE ARE SOME TIPS

CLOSING REAL ESTATE DEALS DURING A PANDEMIC 

BASIC APPROACH FOR REMOTE SIGNING

WILLS & POWERS OF ATTORNEY

COVID-19 & REAL ESTATE LAW- WHAT YOU NEED TO KNOW

COVID-19 & REAL ESTATE LAW- WHAT YOU NEED TO KNOW

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On April 23, 2020, the Ontario Government amended an order under s. 7.0.2(4), of the Emergency Management and Civil Protection Act permitting wills and POAs witnessed virtually (through audio – visual communication) to be signed in counterpart from the date of the order.  It is intended that this order will remain in place until the end of the declared state of emergency.


This amendment simply revokes Schedule 1 of O. Reg 129/20 and replace it with a new Schedule 1 that includes both the virtual witnessing provisions (unchanged since April 7 and in effect for the duration of the state of emergency) and the new counterpart signature provisions, effective from the date of the order onward for the duration of the state of emergency.


You can view the order here and read the legislation here.


On April 7, 2020, the Lieutenant Governor in Council made an order under s. 7.0.2(4), of the Emergency Management and Civil Protection Act permitting virtual witnessing for wills and powers of attorney provided that at least one person who is providing the service as a witness is a licensee pursuant to the Law Society Act. 


The Order is not retroactive and will be in place for the duration of the declaration of emergency. 


The Order in Council can be found here and on e-Laws, as a regulation under the Emergency Management and Civil Protection Act.

LAW SOCIETY NEWS UPDATES

COVID-19 & REAL ESTATE LAW- WHAT YOU NEED TO KNOW

LAW SOCIETY NEWS UPDATES

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NEWS FROM THE LSO

The LSO has sent a letter to the Federal Finance Minister regarding financial services matters (banking) and the legal profession. While they have asked that the letter not be shared, FOLA wanted to let you know that the LSO is taking action on this issue.

visit the lso covid-19 faq page

LINKS & VIDEOS

CONSUMER-FRIENDLY VIDEOS

CONSUMER-FRIENDLY VIDEOS

CONSUMER-FRIENDLY VIDEOS

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Check out these 5 videos by LawPRO to share with your clients and/or on social media!

  1. What does your real estate lawyer do for you?
  2. What do Canadian homeowners know about title insurance?
  3. Why every homeowner needs title insurance
  4. Cottage Ownership: Know what you’re buying
  5. A Real Estate lawyer ensures peace of mind

USEFUL LINKS

CONSUMER-FRIENDLY VIDEOS

CONSUMER-FRIENDLY VIDEOS

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About a dozen links of recommended sites as chosen by FOLA's Real Estate Committee.  


Something missing?  Let us know!  Email Katie.Robinette@fola.ca

Find out more

PROPOSED REFORMS & SUBMISSIONS

REGULATIONS UNDER THE PLANNING ACT RE: MUNICIPAL EMPOWERMENT - NORTHERN

REGULATIONS UNDER THE PLANNING ACT RE: MUNICIPAL EMPOWERMENT - NORTHERN

REGULATIONS UNDER THE PLANNING ACT RE: MUNICIPAL EMPOWERMENT - NORTHERN

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The Ministry of Municipal Affairs and Housing is proposing to amend regulations under the Planning Act to empower certain municipalities in relation to two areas of land use planning authority.


1) Exemption from Approval - Official Plan Amendments
2) Approval Authority - Plans of Subdivision  


The deadline for comments has past, but you can view the Ministry's proposal below.

VIEW MINISTRY'S PROPOSAL

REGULATORY PROPOSALS UNDER THE CONDOMINIUM ACT, 1998

REGULATIONS UNDER THE PLANNING ACT RE: MUNICIPAL EMPOWERMENT - NORTHERN

REGULATIONS UNDER THE PLANNING ACT RE: MUNICIPAL EMPOWERMENT - NORTHERN

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The Ministry of Government and Consumer Services proposing amendments on regulatory proposals under the Condo Act. The proposal would amend regulations under the Condo Act, delegating responsibility for 19 forms to the Condominium Authority of Ontario (CAO). 


If approved, the CAO would be responsible for hosting and implementing any changes to these forms, including accessibility, format and content changes, subject to ministry approval.

VIEW MINISTRY'S PROPOSALS

UPDATED ONTARIO STANDARD CLOSING DOCUMENTS

REGULATIONS UNDER THE PLANNING ACT RE: MUNICIPAL EMPOWERMENT - NORTHERN

REVIEW OF THE REAL ESTATE AND BUSINESS BROKERS ACT, 2002

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The provincial Working Group on Lawyers and Real Estate revised the Ontario Standard Closing Documents in February 2019 and added an Undertaking (Non-Residency) for use in transactions involving non-resident vendors. 


Updated versions of the Ontario Standard Closing Documents can be found on the Working Group website.   

WORKING GROUP WEBSITE

REVIEW OF THE REAL ESTATE AND BUSINESS BROKERS ACT, 2002

REVIEW OF THE REAL ESTATE AND BUSINESS BROKERS ACT, 2002

REVIEW OF THE REAL ESTATE AND BUSINESS BROKERS ACT, 2002

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The Trust in Real Estate Services Act, 2020 (TRESA, 2020) received Royal Assent in the Ontario legislature on March 4, 2020. TRESA, 2020 amends the Real Estate and Business Brokers Act, 2002 (REBBA), the legislation that governs real estate brokerages, brokers and salespersons, setting rules for how they conduct business and interact with consumers. 


The ministry then held consultations on the first phase of draft regulations required to bring these legislative changes into force and requested feedback on the following two issues: 

  1. Personal Real Estate Corporations (PRECs), including the criteria to describe what a PREC is and the conditions that must be met in order for the PREC to qualify for an exemption from the requirement to be registered under the Act; and, 
  2. Changes to the existing Code of Ethics regulation to expand and clarify the terms that registrants may use in their advertising when referring to brokers and salespersons.

Further details, including a copy of the proposed regulations, can be found on the Ontario Regulatory Registry’s website here. 


If you have any questions, please contact the ministry at REBBA@ontario.ca 


In January 2019, the Ontario government announced a review of the Real Estate and Business Brokers Act, 2002, including the provisions relating to dual agencies and disclosure of competing bids. It released a consultation paper and requested written comments and also encouraged Ontarians to fill out an online survey. 


After consultation with Law Associations, FOLA submitted a formal response which you can view here. 

(Please note that FOLA only responded to the first five questions in the consultation paper as we felt that we did not have enough information on to adequately respond to the rest of the questions).


The Thunder Bay Law Association also made a submission which you can view here.

PAST SUBMISSIONS

REVIEW OF THE REAL ESTATE AND BUSINESS BROKERS ACT, 2002

PAST SUBMISSIONS

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VIRTUAL COMMISSIONING - MAG REFORMS

 

FOLA'S SUBMISSION TO PROPOSED REFORMS - APRIL 2019

FOLA'S SUBMISSION TO MAG - JUNE 2020

CCLA SUBMISSION (JUNE 2020) 

TLA SUBMISSION 


DEFINITION OF "LENDING CLIENT" - LSO


FOLA SUBMISSION (JUNE 2019)


 

WANT TO JOIN FOLA'S REAL ESTATE COMMITTEE?

FINTRAC FINAL GUIDANCE: VIRTUAL VERIFICATION USING IDENTIFICATION DOCUMENTS

FINTRAC FINAL GUIDANCE: VIRTUAL VERIFICATION USING IDENTIFICATION DOCUMENTS

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FOLA'S Real Estate committee will meet via telephone/video conference and/or email, as necessary.   If you or someone from your association is interested in helping, please contact Merredith MacLennan at 

 merredith@mpottawa.com.   

FINTRAC FINAL GUIDANCE: VIRTUAL VERIFICATION USING IDENTIFICATION DOCUMENTS

FINTRAC FINAL GUIDANCE: VIRTUAL VERIFICATION USING IDENTIFICATION DOCUMENTS

FINTRAC FINAL GUIDANCE: VIRTUAL VERIFICATION USING IDENTIFICATION DOCUMENTS

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It is no longer required to view an "original" identification document in order to use the document to verify an individual client. It is now sufficient to view an "authentic, valid and current" copy of an identification document. While this change has been in effect since June 2019, most reporting entities have been awaiting guidance from the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) on its expectations for authentication of copies of identification documents before relying on it.   


Read a press release from Borden Ladner Gervais

VISIT GOV'T OF CANADA WEBSITE

LAW SOCIETY CONSULTATION ON TITLE INSURANCE - 2018

FINTRAC FINAL GUIDANCE: VIRTUAL VERIFICATION USING IDENTIFICATION DOCUMENTS

LAW SOCIETY CONSULTATION ON TITLE INSURANCE - 2018

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In 2018, the Law Society’s Advertising and Fee Arrangements Issues Working Group examined practices involving the payment of fees and offering of benefits by title insurers to real estate lawyers or their staff and is considering whether additional regulatory measures involving these practices are required.


Consultation Document (See also the working group’s report to June 2018 Convocation).

FOLA'S SUBMISSION

TERAVIEW® ISSUES

ONTARIO'S PLANNING ACT

LAW SOCIETY CONSULTATION ON TITLE INSURANCE - 2018

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The Working Group on Lawyers and Real Estate maintains a list of matters which are brought to its attention regarding Teraview and/or Land Registry Office procedures. 


The Working Group brings these matters to the Director of Titles, the government and/or Teranet and posts updates as it receives further information. 

LATEST ISSUES

ONTARIO'S PLANNING ACT

ONTARIO'S PLANNING ACT

ONTARIO'S PLANNING ACT

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In 2019, Bill 88, Planning Act Amendments (Doug Downey's private member's bill) was stalled due to Minister Doug Downey's promotion to cabinet.  FOLA supported the Bill and hopes that it will be re-introduced as a Minister's Bill shortly.

LEARN MORE

USEFUL LINKS (alphabetical)

THE VALUE OF A REAL ESTATE LAWYER -VIDEO!

(Great to share on social media!)


AvoidAClaim

AvoidAClaim is LawPRO’s blog that offers regular insights on claims prevention and practice management, and warnings about current frauds targeting lawyers


Bencher Blog

Bencher Blog is a resource for Ontario’s Lawyers from Jerry Udell, Law Society of Ontario Bencher


CCLA weekly newsletter

This weekly email newsletter regularly contains a “Did You Know” section from the CCLA Real Estate Lawyers Committee. You don’t need to be a CCLA member to subscribe to the newsletter


Condominium Forms

Find prescribed forms under the Condominium Act, 1998


DHA Condo blog

An informative blog on condominium law published by Davidson Houle Allen LLP


Electronic Registration Procedures Guide

Electronic Registration Procedures Guide published by the Ministry of Government and Consumer Services


OnLand.ca

A web-portal to provide remote access to search Ontario's Land Registration Records


Ontario Solicitor Network

This website was launched in 2015 to deal primarily with getting more solicitors elected as Benchers in the April 2015 & 2019 Law Society elections.


Sid Troister’s email updates

If you aren’t already on his list, send Sid an email or subscribe on the website and ask to be added to his real estate update list. He periodically circulates useful and interesting information about real estate matters. 


Teraview®

Teraview® is your secure one-stop solution to accessing data in the Government of Ontario’s land records database. You can perform searches, create and submit title documents for registration, view and print instruments, plans, official parcel registers and search for writs of execution quickly and easily, without having to visit a ServiceOntario Office. You can even access information after ServiceOntario office business hours.   While you're there, subscribe to their newsletter!


Working Group on Lawyers and Real Estate

The provincial Working Group on Lawyers and Real Estate has updated its website. Check it out for the latest version of the Ontario Standard Closing Documents, gain access to the OREA standard forms, and more


Working Group on Lawyers and Real Estate – Mentoring Imitative  

The Working Group launched this initiative to mentor real estate lawyers on best practices. Because it does not have the resources to individually mentor, the concept is to create survey questions about various aspects of the work in a real estate transaction and then provide a comment in response to the survey results. It is hoped that this will generate discussion about the practice, encourage ideas to be shared and create an atmosphere to suggest best practices to better serve our clients and possibly create more efficient practice

PAST COMMITTEE UPDATES

COVID-19 & REAL ESTATE - JAN 4

Wire Transfers - Fee Payments; and RELG Update

DOWNLOAD REPORT

COVID-19 & REAL ESTATE - DEC 15

November Plenary Report; Help Needed - Volunteers!; and Teraview® Updates 

DOWNLOAD REPORT

COVID-19 & REAL ESTATE - NOV 5

Teraview Fee Increase; Mortgage Discharge Escalations List; Changes to Writ Fee Reporting; Plan Approval & Filing; and Delivering Mortgage Discharge Payments by Wire 

DOWNLOAD REPORT

COVID-19 & REAL ESTATE - OCT 7, 2020

Closing of Land Registry Office to the Public; Virtual Commissioning; Virtual Signing; Sample Modified Jurat; Delivering Mortgage Discharge Payments by Wire; Wire Transfers; Payment of Wire Transfer Fees; Working Group Mentoring Survey; and Ongoing Consultations. 

DOWNLOAD REPORT

COVID-19 & REAL ESTATE - SEPT 23 2020

Important Land Registry Information

DOWNLOAD REPORT

COVID-19 & REAL ESTATE - SEPT 21 2020

Reminder: Meeting with the Director of Titles; Wire Transfers; Payment of Wire Transfer Fees; TLA event on Land Registry Office on the Web; and Ongoing Consultations.  And you can view a recording of the meeting with the Director of Titles HERE.

DOWNLOAD REPORT

OLDER REPORTS

COVID-19 & REAL ESTATE - AUG 21 2020

Meeting with Director of Titles; Delivering Mortgage Discharge Payments by Wire; Virtual Commissioning Beyond COVID; Planning Act Emergency Suspension Calculator; Ongoing Government Consultations; Working Group  - New Mentoring Questionnaire; and Free LSO CPD


COVID-19 & REAL ESTATE - JULY 16 2020

Virtual Commissioning; Planning Act Amendments; Tarion Consultations; and a Tarion Advisory


COVID-19 & REAL ESTATE - JULY 6 2020

LRO Closures


COVID-19 & REAL ESTATE - JUNE 26 2020

Payment of Mortgage Discharges by Wire; Payment of Wire Transfer Fees; Real Estate Liaison Group Update; Suspension of Limitation Periods Until September; and New Ontario Land Tribunals


COVID-19 & REAL ESTATE - JUNE 19 2020

Wire Mortgage Discharges; Commercial Eviction Restrictions; & Land Title Applications


COVID-19 & REAL ESTATE - JUNE 12 2020

RBC Wire Mortgage Discharges & Virtual Commissioning 


COVID-19 & REAL ESTATE - JUNE 3 2020

Remote Commissioning; Authorization for Virtual Meetings; Digital Signatures; & Zombie Deeds


COVID-19 & REAL ESTATE - MAY 15 2020

Remote Commissioning; Wire Transfer Fees; Working Group Mentoring Survey; LDD Remote Signing Platform; & Announcing FOLA’s New Board


COVID-19 & REAL ESTATE - APRIL 17 2020

Updates on Banking; Electronic Funds Transfers; Planning Act; the LRO; and Information about the LDD Remote Signing Platform


COVID-19 & REAL ESTATE - APRIL 15 2020

Updates on Banking & the LRO


COVID-19 & REAL ESTATE LAW - APRIL 6 2020 

Includes information on LRO & Teraview, Client ID Requirements, Expired ID, Wire Transfers & Wire Transfer Fees, Wiring Funds, and information on the LDD Remote Signing Platform. 


COVID-19 & REAL ESTATE LAW - APRIL 1 2020

Includes update re: LRO, CPD, Remote Signing, ID (expired drivers licenses) and more!


COVID-19 & REAL ESTATE LAW - MARCH 26 2020

Includes Information on: Law Society CPD; Banking Issues; Title Insurance; DRA; Sending Closing Funds; Corporate Amalgamations and Amendments; & Land Transfer Tax pre-payments


COVID-19 & REAL ESTATE LAW - MARCH 25 2020

Includes information on Land Registry Offices/LSO Program


COVID-19 & REAL ESTATE LAW - MARCH 20 2020

Keeping your Real Estate practice going during a pandemic


COVID-19 & REAL ESTATE LAW - MARCH 16 2020

Closings & client meetings during a pandemic


JANUARY 2019 REPORT

OCTOBER 2019 REPORT

MAY 2019 REPORT

FOLA'S RESPONSE TO THE PROPOSED AMENDMENTS TO THE LSO's MODEL RULES OF PROFESSIONAL CONDUCT RE: ANTI-MONEY LAUNDERING - 2018

A REAL ESTATE LAWYER ENSURES PEACE OF MIND

There’s more than meets the eye when buying a home. Real estate lawyers have the skills and expertise to guide you through the home closing process.

What does your real estate lawyer do for you?

For most Canadians, buying a home is the largest investment they will ever make. A real estate lawyer is an expert who can help you with the following 8 key steps. 


Feel free to share this short video courtesy of LawPro.  To learn how, see this tip sheet.

What do Canadian homeowners know about title insurance?

LawPRO asked Canadians what they know about title insurance. The answers might surprise you. A real estate lawyer can help you find the title insurance that is right for you. 

Why every homeowner needs title insurance

Sometimes, there are problems with title to a property that aren’t obvious when you buy the house. Title insurance can help fix the problem or pay for a loss. A real estate lawyer can help you choose insurance that's right for you. 

Cottage Ownership: Know what you’re buying

There are few traditions more Canadian than weekends at the cottage. To ensure that your time at the cottage is filled with relaxation instead of drama, consult a lawyer before you buy to protect yourself from unexpected problems. 

e-STATE PLANNER VIDEO

e-State Planner streamlines the estate planning process for advisors and their clients.   Their software can be used for complex and simple client situations. 


Watch this quick video demonstrating how e-State Planner can help create a simple wills within minutes. 

DOWNLOADS - REAL ESTATE

FOLA Submission Oct 2018 - Advertising and Fee Arrangements Issues Working Group (pdf)Download
7. RATIONALE DOCUMENT -Working Group on Lawyers & Real Estate - ON Standard Closing Documents - 2017 (pdf)Download
1. Vendor's Closing Certificate - 2017 (docx)Download
2. Purchaser’s Undertaking & Direction re Title - 2017 (docx)Download
3. Lawyer’s Direction re Funds - 2017 (docx)Download
4. Lawyer’s Undertaking - 2017 (docx)Download
5. Lawyers’ Delayed Closing Escrow Agreement - 2017 (docx)Download
6. USER GUIDE - Working Group on Lawyers and Real Estate - Ontario Standard Closing Documents - 2017 (pdf)Download
FOLA's Resolution regarding Regarding Standardized Closing Documents for Residential Real Estate - 2017 (pdf)Download
LawPro Letter - Standard-form closing documents-Working Group on Lawyers & Real Estate - 2016 (pdf)Download
ON Government Letter -Standard-form closing documents-Working Group on Lawyers & Real Estate - 2016 (pdf)Download
LSO Title Insurance Consultation - Call for Comment -2018 (pdf)Download
LSO Professional Regulation Committee Report - Report to Convocation - June 2018 (pdf)Download
FOLA Response to REBBA Consultation - March 2019 (pdf)Download
TBLA REBBA Comments - March 2019 (pdf)Download

Downloads

Commissioners and Notaries - Consultation Deck - Jan 2019 (pdf)Download
Proposed Amendments to Rules re Finance Company (pdf)Download
OBA Submission re Lending Client - FINAL (pdf)Download
FOLA Response to LSO Proposed Rule Amendment - Finance Company (pdf)Download
Real estate update 2019.07.15 (pdf)Download
Real estate update 2019.09 (pdf)Download
Real estate update - Oct 2019 (pdf)Download
Fintrac issues final guidance for non-face-to-face verification (pdf)Download
Real Estate Update 2020.03.02 (pdf)Download
COVID - 19 - Real Estate Update - March 20 2020 (pdf)Download
Closing Real Estate Transactions during a pandemic - 2020.03.20 - (pdf)Download
Basic Approach for Remote Signing - FINAL (pdf)Download
Lawyers Delayed Closing Escrow Agreement (pdf)Download
COVID - 19 - Real Estate Update - March 25 2020 (pdf)Download
COVID - 19 - Real Estate Update - March 26 2020 (pdf)Download

Downloads

FOLA MCAP letter - March 27 2020 (pdf)Download
MCAP_Refinances_Covid(March2020) (pdf)Download
COVID19 Land registration noticeeng (pdf)Download
COVID19 Land registration notice fr (pdf)Download
COVID - 19 - Real Estate Update - April 1 2020 (pdf)Download
COVID - 19 - Real Estate Update - April 6 2020 (pdf)Download
RE Update 2020.01.28 (pdf)Download
OIC - Wills (pdf)Download
COVID - 19 - Real Estate Update - May 15 2020 (pdf)Download
Notaries Public and Commissioners for Taking Affidavids - Request for Comment (pdf)Download
Authorization For Virtual Meeting (pdf)Download
Real Estate Update 2020.06.03 (pdf)Download
FOLA Response to Money Laundering Consultation - 02.19.18 (pdf)Download
RE Update 2020.04.15 - UPDATED (pdf)Download
RE Update 2020.04.17 - UPDATED (pdf)Download

Downloads

DOT letter re cautions.2020.04.17 (pdf)Download
DOT letter re expropriations.2020.04.13 (pdf)Download
DOT letter re original signatures.2020.04.09 (pdf)Download
DOT letter re PIN splits.2020.04.14 (pdf)Download
DOT letter re registered mail for LTA apps.2020.04.14 (pdf)Download
CCLA SUBMISSIONSTO MAG JUNE 12 2020 - Virtual Commissioning and Virtual Notarization (pdf)Download
RE Update 2020.06.12 - RBC discharges and virtual commissioning (pdf)Download
FOLA SUBMISSIONS TO MAG JUNE 12 2020 (pdf)Download
RE Update 2020.06.26 (pdf)Download
RE Update 2020.07.15 (pdf)Download
FOLA Submissions to MAG July 22 2020 (pdf)Download
TLA submission to MAG re Virtual Commissioning (pdf)Download
RE Update 2020.08.21 (pdf)Download
RE Update 2020.09.21 (pdf)Download
RE Update 2020.09.23 (pdf)Download

Downloads

RE Update 2020.10.07 (pdf)Download
RE Update 2020.11.04 (pdf)Download
RE Update 2020.11.05 (pdf)Download
RE Update 2020.12.15 (pdf)Download
RE Update 2021.01.04 (pdf)Download
2021.01.18 Ltr to Do Process (pdf)Download
RE Update 2021.01.18 (pdf)Download

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