Section 1 BEFORE repealed by BC Reg 332/2010, effective January 1, 2011.

 Sections 2 to 6 BEFORE repealed as there is no longer Lieutenant Governor in Council authority, effective January 1, 2011.

 Section 7 BEFORE repealed by BC Reg 332/2010, effective January 1, 2011.

 Section 8 (1) and (2) BEFORE repealed as there is no longer Lieutenant Governor in Council authority, effective January 1, 2011.

 Section 8 (3) and (4) BEFORE repealed by BC Reg 339/2010, effective January 1, 2011.

 Section 9 BEFORE repealed by BC Reg 332/2010, effective January 1, 2011.

 Sections 10 and 11 BEFORE repealed as there is no longer Lieutenant Governor in Council authority, effective January 1, 2011.

 Schedule A BEFORE repealed as there is no longer Lieutenant Governor in Council authority, effective January 1, 2011.

Schedule A

Form A

(Section 185 (1))

Province of
British Columbia

Freehold Transfer Form

COMPLETION INSTRUCTIONS

[am. B.C. Regs. 165/90, s. 1; 33/92, s. 8; 300/94.]

GENERAL

(1) Upon submission of a freehold transfer in Form A to the land title office, a separate application is not necessary unless the transfer also contains an exception, reservation or condition in favour of or for the benefit of the transferor that is an interest in land capable of registration under the Land Title Act, in which case the transferor shall apply to register that interest in Form 17 of B.C. Reg. 334/79.

(2) Please ensure that every item of Form A is completed in accordance with the instructions and the user guide.

(3) The transfer document includes

(a) the freehold transfer in Form A,

(b) any additional pages to accommodate transferor and officer signatures in Form D,

(c) all pages attached to the transfer as a schedule in Form E, and

(d) an affidavit of execution, if any,

and the transfer document shall be arranged in that order.

(4) Enter the total number of pages that comprise the freehold transfer inclusive of the transfer form, in the space provided.

(5) Number each page after the first page of the transfer document consecutively. At the end of the transfer document, type or print "END OF DOCUMENT".

SPECIFIC

ITEM 1 Application

Instruction

(1) Enter the name, address (including postal code) and phone number of the applicant or applicant's solicitor or agent. This must be followed by the signature of that person.

User Guide

(1) Under the Land Title Act, the "applicant" is the person who is entitled to be the registered owner of the estate transferred. This item constitutes the application to register the estate transferred and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice will be sent to the person named in the application at the address specified.

(2) If the applicant or the applicant's solicitor or agent is an individual, his or her name, address (with postal code) and phone number, followed by his or her signature, must be entered.

(3) If the applicant or the applicant's solicitor or agent is not an individual, the name, address (with postal code), phone number and signature of an individual who is authorized to do all acts necessary to effect registration of the freehold transfer must be entered.

ITEM 2 (a) Parcel Identifier and Legal Description of Land

Instruction

(1) Enter the 9 digit parcel identifier number (PID) of the parcel to be transferred in the space provided in Item 2 (a), followed by the legal description of the land matching the PID number. The PID number is not required if not yet assigned.

(2) Sections 158 (1) and 178 (2) of the Land Title Act allow the registrar to limit the number of parcels on a freehold transfer to one parcel. Except in exceptional circumstances, a freehold transfer shall not include more than one parcel of land. If circumstances require more than one parcel, dispensation should be sought from the registrar in advance.

User Guide

(1) The legal description consists of everything shown in the "Description of Land" segment of a computer title printed below the PID number.

(2) Preambles such as "All and singular that certain parcel..." in the legal description are not required. Similarly, reference to a strata lot owner's share in the common property is not required in the legal description. Preambles such as "That part of Lot 4.... shown on... " may be used where required.

(3) State Lot and Plan numbers in figures only. In addition, the following abbreviations are acceptable:

(4) It is not necessary to include references to a water, assessment or improvement district, or legal notations such as "hereunto annexed is Easement No. ...".

(5) The legal description with parcel identifier number must be recorded entirely within Item 2 (a) and must not continue onto a schedule.

(6) If the space is not sufficient for the complete parcel identifier number and legal description, set out the complete parcel identifier number and legal description in a schedule and enter "SEE SCHEDULE" in Item 2 (a).

EXAMPLE:

(7) If a PID number has not been assigned to the parcel, enter "NO PID NUMBER" followed by the legal description.

(8) Please note that land title office mark up of the parcel being transferred is done by PID number only.

(9) Please ensure that the legal description is entered opposite the PID number of the parcel it describes.

EXAMPLE:

(10) If less than the entire interest in the land is being transferred, the fractional interest shall be noted with the legal description.

EXAMPLE:

(11) The fraction must, in all cases, be a fraction of the whole interest being transferred as follows:

(a) if the owner owns an undivided 1/2 interest, and all his interest is transferred, enter "1/2", as in the above example;

(b) if the owner owns an undivided 1/2 interest and is only transferring 1/2 of that interest, enter "1/4";

(c) if an owner, together with 3 others, owns an undivided 1/2 interest and that owner is transferring 1/2 of his interest, enter "1/16".

(12) To determine the fraction being transferred, the simple test is: What fraction of the whole is being transferred?

(13) Any qualifications or exceptions under section 186 (2) of the Land Title Act may be set out in this Item below the legal description.

EXAMPLE:

(14) Do not use decimal fractions. A 1/3 interest must not be expressed as 33.33% or .333.

(15) Any registered encumbrance to which the transfer will be subject may be set out below the legal description.

EXAMPLE:

(16) The land title office will not examine "SUBJECT TO" provisions or verify them against the state of the title.

ITEM 2 (b) Market Value

Instruction

(1) Enter the market value of the property expressed in figures.

User Guide

(1) The market value must be stated whether or not it is the same amount as the consideration.

ITEM 3 Consideration

Instruction

(1) Enter the consideration expressed in figures or by description.

User Guide

(1) If the consideration is non-monetary, enter a description of the consideration. The expression "...and other good and valuable consideration" is not considered to be an accurate description.

EXAMPLE:

EXAMPLE:

(2) If there is no valuable consideration expressed in this Item, a transfer in Form A is not registrable.

ITEM 4 Transferor(s)

Instruction

(1) In the case of an individual, enter the full name of the transferor.

(2) In the case of a corporation, enter its name and its B.C. incorporation or registration number, if any.

(3) It is not necessary to set out addresses or occupations in this Item.

User Guide

(1) If the transferor is an individual, his or her name should be set out in full as it appears on the title.

(2) Preference is that transferor names be printed or typed in capitals and underlined as shown in the examples.

EXAMPLE:

(3) In the case of a corporation that is a B.C. company or that is registered extraprovincially or continued in B.C., enter the B.C. registration number.

EXAMPLE:

(4) If there is insufficient space to enter the names of all the transferors, enter "SEE SCHEDULE" and set out the names of all the transferors in a schedule. Do not set out some names in Item 4 and some in a schedule.

EXAMPLE:

(5) The name of the governing jurisdiction of a corporate transferor may be entered in this Item.

ITEM 5 Freehold Estate Transferred

Instruction

(1) Enter appropriate words to create the type of freehold estate to be transferred.

User Guide

(1) Section 186 (4) to (8) of the Land Title Act contemplates 4 categories of freehold estate, namely:

(a) fee simple estate;

(b) life estate;

(c) determinable fee simple;

(d) fee simple on condition.

(2) If it is intended to transfer an estate in fee simple, enter the words "Fee Simple" to complete Item 5. Section 186 (4) of the Land Title Act operates to transfer the estate of the transferor without any words of transfer or limitation.

(3) In the case of a life estate, determinable fee simple and fee simple on condition, enter the appropriate words in Item 5.

EXAMPLE:

EXAMPLE:

EXAMPLE:

EXAMPLE:

(4) Item 5 can also be used to qualify the nature of the freehold passing by entering an exception or reservation from the grant.

EXAMPLE:

(5) If there is insufficient space to enter the entire exception or reservation, enter "FOR EXCEPTIONS AND RESERVATIONS SEE SCHEDULE" and set out the exception and reservation in a schedule.

(6) Rights or interests of the transferor in this Item must be capable of registration as a charge and the transferor must concurrently apply for registration under section 181 of the Act in Form 17 of B.C. Reg. 334/79.

(7) If at the time the transfer is executed, it is intended to register the title subject to a certificate of pending litigation, the appropriate entry may be made in this Item or in Item 2. If that decision is made after execution, file a separate election as required under section 216 (2) (b) of the Land Title Act.

ITEM 6 Transferee(s)

Instruction

(1) In the case of an individual, enter the full name and occupation of each transferee (and, if applicable, information respecting joint tenancy). A postal address (with postal code) must also be entered.

(2) In the case of a corporation, enter its name and its B.C. incorporation or extraprovincial registration number, if any. If it is not incorporated or registered in B.C., enter a description of its governing jurisdiction. In either case, a postal address for the transferee must be entered in this Item.

(3) In the case of a transferee which has branch offices, a branch office address may be included as part of the description of the transferee, but a postal address must also be given.

User Guide

(1) In all cases the postal address must include a postal code. It is not sufficient to state only the name of the city, town or village.

EXAMPLE:

(2) In the case of a corporation that is a B.C. company or that is registered extraprovincially or continued in B.C., enter the B.C. registration number.

EXAMPLE:

EXAMPLE:

(3) Where transferees are taking unequal fractional interests, this information must be shown immediately after the transferees' names. This requirement does not apply where transferees are taking either as joint tenants or tenants in common in equal shares. Where transferees take in unequal shares, their respective interests must be shown as fractions of the interest being transferred and not as fractions of the whole land. For example, if Item 2 (a) refers to an "undivided 1/2 interest" and it is intended to apportion that interest among 3 transferees in unequal shares, the fractional shares shown in this Item must total to 1.

(4) For the purposes of paragraph (3), assuming that of the undivided 1/2 interest being transferred, one transferee is to take 1/2 and the others are to take 1/4 each, Item 6 would be completed as shown in the example.

EXAMPLE:

(5) Do not use decimal fractions. A 1/3 interest must not be expressed as 33.33% or.333.

(6) Preference is for transferee names to be printed or typed in capitals and underlined as shown in the above examples.

(7) If there is insufficient space to enter names, occupations, addresses and postal codes of all of the transferees, enter "SEE SCHEDULE" set out all the names, occupations, addresses and postal codes in a schedule.

EXAMPLE:

(8) If the corporation is neither incorporated nor registered in British Columbia, the name of the governing jurisdiction of a corporate transferee must be shown in this Item.

ITEM 7 Execution(s)

Instruction

(1) Item 7 is to be used for execution of the freehold transfer by the transferor and for officer certification.

(2) If the space provided is not sufficient for execution by all transferors, then an additional page for execution may be added without reference to the registrar. The additional page must be in Form D. Where a transferor's signature has been certified by an officer, the certification must appear on the same page as the execution.

(3) The date of execution, given in year, month and day, must be indicated in the space provided in Item 7. Years shall be entered using the last 2 digits (e.g. "89" for 1989). Months should be designated by number (e.g. "2" for February).

User Guide

INDIVIDUAL TRANSFEROR

(1) For natural persons, under the "Transferor(s) Signature(s)" column, the transferor name must be typed or printed immediately below the signature of the transferor.

(2) Under the "Officer Signature(s)" column, the name, address and professional capacity (e.g. solicitor, notary or commissioner) must be typed or printed immediately below the signature of the certifying officer.

EXAMPLE:

7. Executions(s):**

(3) Please note that the definition of an officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, sections 60, 63 and 64.

(4) The officer signature must appear directly opposite the transferor signature certified by the officer. If one officer is certifying more than one transferor signature, add "as to all signatures" or "as to the signatures of . ." immediately below the officer signature.

EXAMPLE:

7. Executions(s):**

CORPORATE TRANSFEROR

(1) In the case of a transfer executed by a corporation, use the format shown in the following example and ensure that the name of the authorized signatory is typed or printed immediately below the signature. Please note that the affixation of a corporate seal is no longer required for Land Title Act purposes. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL TRANSFEROR also apply to this form of execution.

EXAMPLE:

7. Executions(s):**

(2) If a company seal is affixed, it must not obliterate or obscure any signature or information entered in this Item. In the case of a corporate attorney, it is the seal of the attorney that is to be affixed rather than that of the transferor.

EXECUTION BY INDIVIDUAL ATTORNEY

(1) In the case of a transfer executed by an attorney, use the appropriate format shown in the following example. If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL TRANSFEROR also apply to this form of execution.

EXAMPLE:

7. Executions(s):**

EXECUTION BY CORPORATE ATTORNEY

(1) In the case of a transfer 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. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL TRANSFEROR also apply to this form of execution.

EXAMPLE:

7. Executions(s):**

LACK OF CERTIFICATION

(1) If the transferor signature cannot be certified by an officer, enter "SEE AFFIDAVIT OF EXECUTION" and attach an affidavit that complies with Part 5 of the Land Title Act. Note that the affidavit will be part of Form A and must have a page number.

(2) The affidavit must state the reason why officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of the officer certification. In those cases where the affidavit evidence of execution is submitted, the registrar is not likely to exercise his discretion unless officer certification is simply impossible to obtain under the circumstances or the transfer was executed outside British Columbia.

(3) In those cases where the freehold transfer document is executed outside British Columbia, the registrar will accept that it is difficult to obtain an officer's certification in all cases and will accept the affidavit of execution in lieu of an officer certification.

EXAMPLE:

7. Executions(s):**

Form B

(Section 225)

Province of
British Columbia

(a) Principal Amount: $	(b) Interest Rate:	(c) Interest Adjustment Date:	Y	M	D
(d) Interest Calculation Period:	(e) Payment Dates:	(f) First Payment Date:
(g) Amount of each payment:	(h) Interest Act (Canada) Statement: The equivalent rate of interest calculated half yearly not in advance is % per annum.	(i) Last Payment Date:
(j) Assignment of Rents which the applicant wants registered? YES NO If YES, page and paragraph number:	(k) Place of payment:	(l) Balance Due Date:

MORTGAGE PART 1 PAGE 2

.......................................................................................................................................................
6.	Mortgage contains floating charge on land? YES NO		7.	MORTGAGE secures a current or running account? YES NO
.......................................................................................................................................................
8.	Interest Mortgaged: Freehold Other (specify)*
.......................................................................................................................................................
9.	Mortgage Terms: Part 2 of this mortgage consists of (select one only):
	(a) Prescribed Standard Mortgage Terms
	(b) Filed Standard Mortgage Terms		D.F. Number:
	(c) Express Mortgage Terms		(annexed to this mortgage as Part 2)
	A selection of (a) or (b) includes any additional or modified terms referred to in Item 10 or in a schedule annexed to this mortgage.
.......................................................................................................................................................
10.	Additional or Modified Terms:*
.......................................................................................................................................................
11.	Prior Encumbrances Permitted by Lender:*
.......................................................................................................................................................
12.	Execution(s):** This mortgage charges the Borrower's interest in the land mortgaged as security for payment of all money due and performance of all obligations in accordance with the mortgage terms referred to in Item 9 and the Borrower(s) and every other signatory agree(s) to be bound by, and acknowledge(s) receipt of a true copy of, those terms.
	Execution Date Officer Signature(s) Borrower(s) Signature(s) Y M D
	Officer Certification: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.
*	If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.
**	If space insufficient, continue executions on additional page(s) in Form D.

Mortgage Form Part 1

Completion Instructions

[am. B.C. Regs. 165/90, s. 2; 33/92, s. 9; 300/94.]

GENERAL

(1) Upon submission of a mortgage in Form B to the land title office, a separate application is not necessary unless the mortgage also creates a floating charge, capable of registration under the Land Title Act, that the lender wants to register concurrently against other land. In that case the lender shall apply to register the floating charge in Form 17 of B.C. Reg. 334/79.

(2) Please ensure that every item of Form B is completed in accordance with the instructions and the user guide.

(3) The mortgage document includes

(a) all pages of the mortgage in Form B,

(b) any additional pages to accommodate borrower and officer signatures in Form D,

(c) all pages attached to the mortgage as a schedule in Form E,

(d) all pages of the express terms, if any, attached to the mortgage as Part 2, and

(e) an affidavit of execution, if any,

and the mortgage document shall be arranged in that order.

(4) Enter in the space provided the total number of pages that comprise the mortgage document.

(5) Do not include the number of pages contained in a filed or prescribed set of standard mortgage terms that are to be incorporated by reference. Although incorporated by reference, they are not part of the actual mortgage form.

(6) Number each page consecutively after page 2 of the mortgage document. At the end of the mortgage document, type or print "END OF DOCUMENT".

SPECIFIC

ITEM 1 Application

Instruction

(1) Enter the name, address (including postal code) and phone number of the applicant or the applicant's solicitor or agent. This must be followed by the signature of that person.

User Guide

(1) Under the Land Title Act, the "applicant" is the person who is entitled to be the registered owner of the charge. This item constitutes the application to register this mortgage and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice will be sent to the person named in the application at the address specified.

(2) If the applicant or the applicant's solicitor or agent is an individual, his or her name, address (with postal code) and phone number, followed by his or her signature, must be entered.

(3) If the applicant or the applicant's solicitor or agent is not an individual, the name, address (with postal code), phone number and signature of an individual who is authorized to do all acts necessary to effect registration of the mortgage must be entered.

ITEM 2 Parcel Identifier(s) and Legal Description(s) of the Mortgaged Land

Instruction

(1) Enter the 9 digit parcel identifier number (PID) of each parcel to be charged in the space provided in Item 2, followed by the legal description of the land matching the PID number. The PID number is not required if not yet assigned.

User Guide

(1) The legal description consists of everything shown in the "Description of Land" segment of a computer title printed below the PID number.

(2) Preambles such as "All and singular that certain parcel..." in the legal description are not required. Similarly, reference to a strata lot owner's share in the common property is not required in the legal description. Preambles such as "That part of Lot 4.... shown on... " may be used where required.

(3) State Lot and Plan numbers in figures only. In addition, the following abbreviations are acceptable:

(4) It is not necessary to include references to water, improvement or assessment districts, or legal notations such as "hereunto annexed is Easement No. ...".

(5) The legal description(s) with parcel identifier number(s) must be recorded entirely within Item 2 and must not continue onto a schedule.

(6) If the space is not sufficient for the parcel identifier number(s) and legal description(s), set out the parcel identifier number(s) and legal description(s) in a schedule and enter "SEE SCHEDULE" in Item 2.

EXAMPLE:

(7) If a PID number has not been assigned to the parcel, enter "NO PID NUMBER" followed by the legal description.

(8) Please note that land title office mark up of the parcel being charged is done by PID number only.

(9) Please ensure that the legal description is entered opposite the PID number of the parcel it describes.

EXAMPLE:

ITEM 3 Borrower(s) [Mortgagor(s)]

Instruction

(1) In the case of an individual, enter the full name of the borrower and a postal address to which the lender may send notices.

(2) In the case of a corporation, enter its name and its B.C. incorporation or registration number, if any, and a postal address to which the lender may send notices.

(3) It is not necessary to set out occupations in this Item.

User Guide

(1) A city, town or village by itself is not a sufficient postal address. Where appropriate, it must contain a street or route number, post office box number or general delivery designation as required by Canada Post. In all cases the postal address must include a postal code.

(2) If the borrower is an individual, his or her name should be set out in full as it appears on the title.

EXAMPLE:

(3) In the case of a corporation that is a B.C. company or that is registered extraprovincially or continued in B.C., enter the B.C. registration number.

EXAMPLE:

EXAMPLE:

(4) Preference is that borrower names be printed or typed in capitals and underlined as shown in the above examples.

(5) If there is insufficient space to enter the names and postal addresses of all of the borrowers, enter "SEE SCHEDULE" and set out all the names and postal addresses in a schedule. Do not enter some names and postal addresses in Item 3 and some in a schedule.

EXAMPLE:

(6) If the corporation is neither incorporated nor registered in British Columbia, the name of the governing jurisdiction of a corporate borrower must be shown in this Item.

ITEM 4 Lender(s) [Mortgagee(s)]

Instruction

(1) In the case of an individual, enter the full name and occupation of each lender (and, if applicable, information respecting joint tenancy). A postal address (with postal code) must also be entered.

(2) In the case of a corporation, enter its name and its B.C. incorporation or extraprovincial registration number, if any. If it is not incorporated or registered in B.C., enter a description of its governing jurisdiction. In either case, a postal address for the lender must be entered in this Item.

(3) In the case of a lender which has branch offices, a branch office address may be included as part of the description of the lender, but a postal address must also be given.

User Guide

(1) In all cases, the postal address must include a postal code. It is not sufficient to state only the name of the city, town or village.

(2) In the case of a lender that has branch offices, a branch office address may be included in the description of the lender, but a postal address must also be given. If the branch office address and postal address are the same, this should be stated. The name of the governing jurisdiction of a corporate lender must always be entered unless the corporation is incorporated or registered in British Columbia.

EXAMPLE:

(3) If the lenders are taking fractional interests, the shares must be expressed as whole fractions. For example, an undivided 1/3 interest expressed as 33.3% is not permitted.

EXAMPLE:

(4) Preference is for lender names to be printed or typed in capitals and underlined as shown in the above examples.

(5) If there is insufficient space to enter the names, occupations and addresses of all the lenders, enter "SEE SCHEDULE" and set out all the names, occupations and addresses in a schedule.

EXAMPLE:

ITEM 5 Payment Provisions

Instruction

(1) Complete the boxes in Item 5 as follows:

(a) Principal Amount:
Enter the principal amount expressed in figures only. If the principal amount is not a sum certain, enter "SEE SCHEDULE" and set out the obligation in a schedule.

(b) Interest Rate:
Enter the interest rate expressed as a percentage. Decimals or fractions are acceptable. If a definition of "Prime" or similar reference rate is included in the mortgage terms, interest can be stated as "Prime +2%" or words to like effect.

(c) Interest Adjustment Date:
Enter the interest adjustment date by "year, month, day" in the respective columns.
If there is no interest adjustment date, enter "N/A".

(d) Interest Calculation Period:
Enter interest calculation period using dates if necessary (e.g. quarterly, semi-annually, May 15 and Nov. 15).
If there is no interest calculation period enter "N/A".

(e) Payment Dates:
Enter the date and frequency of payments (e.g. "1st day of each month", "1st and 15th day of each month" or "every second Tuesday").
If there are no payment dates, enter "N/A".

(f) First Payment Date:
Enter the date on which the first periodic payment is to be made.
If there are no periodic payments, enter "N/A".

(g) Amount of Each Periodic Payment:
Enter the amount of each periodic payment (expressed in figures only).
If there are no periodic payments, enter "N/A".
If the periodic payments are of accrued interest only, enter "Interest only".

(h) Interest Act (Canada) Statement:
Enter the appropriate percentage in figures.
If space is insufficient, enter "SEE SCHEDULE" and set out the equivalent percentage in a schedule.
If it is not necessary to make a Interest Act (Canada) Statement, enter "N/A".

(i) Last Payment Date:
Enter the date on which the last periodic payment is to be made.
If there are no periodic payments enter "N/A".

(j) Assignment of Rents Statement:
If the mortgage contains an assignment of rents which the applicant wishes registered, enter "X" in the "Yes" box.
If the assignment is contained in a set of filed mortgage terms, enter the filing number of the set and the section or paragraph number of the assignment of rents provision.
If the assignment is contained in a schedule, enter "SEE SCHEDULE" and the page number on which the assignment is set out.
If the mortgage does not contain an assignment of rents, or if it does and the applicant does not want to register it, enter "X" in the "No" box.

(k) Place of Payment:
Enter the address at which payment of the mortgage money is to be made.
If payment is to be made at the lender's postal address shown in Item 4, enter "POSTAL ADDRESS IN ITEM 4".

(l) Balance Due Date:
Enter the date on which the unpaid balance is due.
If the mortgage is payable on demand, enter "ON DEMAND".

User Guide

(1) It is anticipated that the payment provisions of most mortgages can be accommodated in Item 5. In those situations where a particular box of this Item cannot be completed conveniently in the space provided, enter "SEE SCHEDULE" in that box and set out the provision in a schedule.

(2) Please ensure that every box in Item 5 is completed by

(a) entering the appropriate information, or

(b) entering "N/A" or "SEE SCHEDULE"

as the circumstances require.

EXAMPLE:

5. Payment Provisions:

(a) Principal Amount: $15 000 (b) Interest Rate: 12% per annum (c) Interest Adjustment Date: Y 90 M 1 D 1 (d) Interest Calculation Period: Monthly (e) Payment Dates: 1st day of each month (f) First Payment Date: 90 2 1 (g) Amount of each periodic payment: $333.67 (h) Interest Act (Canada) Statement: The equivalent rate of interest calculated half yearly not in advance is 12.30403% per annum. (i) Last Payment Date: 94 12 1 (j) Assignment of Rents which the applicant wants registered YES NO If YES, page and paragraph number: Page 10, paragraph 13.07 (k) Place of payment: POSTAL ADDRESS IN ITEM 4 (l) Balance Due Date: 95 1 1

EXAMPLE:

5. Payment Provisions:

(a) Principal Amount: $1 000 000 (b) Interest Rate: Prime + 2% per annum (c) Interest Adjustment Date: N/A Y M D (d) Interest Calculation Period: Monthly (e) Payment Dates: 15th day of each month (f) First Payment Date: 90 1 15 (g) Amount of each periodic payment: Interest only (h) Interest Act (Canada) Statement: The equivalent rate of interest calculated half yearly not in advance is N/A% per annum. (i) Last Payment Date: N/A (j) Assignment of Rents which the applicant wants registered YES NO If YES, page and paragraph number: Page 3, paragraph 7 (k) Place of payment: 724 Westsea Drive Port Alberni, B.C. V9X 2T8 (l) Balance Due Date: On Demand

(3) Where the contents of one or more boxes in Item 5 are deferred to a schedule, they shall be set out in the schedule under the same headings and in the same order as they appear in Item 5.

(4) If the mortgage secures a non-monetary obligation and "SEE SCHEDULE" has been entered in box (a), the obligation may be described in the schedule under the heading "Obligation Secured" rather than the heading "Principal Amount".

ITEM 6 Floating Charge

Instruction

(1) If the mortgage contains a floating charge on land, enter "X" in the "YES" box. If it does not, enter "X" in the "NO" box.

ITEM 7 Current or Running Account

Instruction

(1) If the mortgage is made to secure a current or running account, enter "X" in the "YES" box. If it is not, enter "X" in the "NO" box.

ITEM 8 Interest Mortgaged

Instruction

(1) Enter "X" in the box that indicates the interest of the borrower that is to be charged. At least one of the boxes must be marked in this manner.

User Guide

(1) If the mortgaged interest is a fee simple interest, enter "X" in the "Freehold" box. If the mortgaged interest is an interest less than the fee simple, enter "X" in the "Other" box and describe the charge and specify its registration number.

EXAMPLE:

8.	Interest Mortgaged:
		Freehold Other (specify)	* Option to Purchase GD1000

(2) If the mortgaged interest is an interest less than the fee simple that is to be registered concurrently with the mortgage, enter a description of the instrument creating the interest that is sufficient for the registrar to identify it as the interest mortgaged.

EXAMPLE:

8.	Interest Mortgaged:
Freehold Other (specify)	* Leasehold created by lease with registration number to be one lower than the within instrument.

(3) If the mortgaged interest is a fee simple and one or more lesser interests, both boxes may be selected. If there is insufficient space to describe the other specified interests, enter "SEE SCHEDULE" and describe them in a schedule.

ITEM 9 Mortgage Terms

Instruction

(1) Part 2 of the mortgage consists of one of

(a) prescribed standard mortgage terms,

(b) filed standard mortgage terms, or

(c) express mortgage terms appended to the mortgage form.

(2) Since the list in subsection (1) is exhaustive, only one item may be selected.

(3) Where the prescribed standard mortgage terms or the filed standard mortgage terms are selected, they are considered to be Part 2 of the mortgage. Where express mortgage terms are used, these must be entitled "MORTGAGE TERMS PART 2" and be attached to Part 1 of the mortgage immediately after any schedules to the mortgage form.

User Guide

(1) There are 3 options for completing Item 9:

(a) if the prescribed standard mortgage terms are to be incorporated, enter "X" in the appropriate box,

(b) if a set of filed standard mortgage terms is to be incorporated, enter "X" in the appropriate box and enter the filing number assigned to the set by the land title office, or

(c) if the express mortgage terms are to be attached, enter "X" in the appropriate box and annex them as Part 2.

(2) A selection of either the prescribed standard mortgage terms or the filed standard mortgage terms will automatically include any addition, deletion or modification to those terms referred to in Item 10.

ITEM 10 Additional or Modified Terms

Instruction

(1) Where the prescribed standard mortgage terms or filed standard mortgage terms are to be added to, deleted or modified, the addition, deletion or modification may be entered in Item 10 or in a schedule.

(2) If all the additional, deleted or modified mortgage terms can be accommodated in the space provided, enter them in Item 10.

(3) If all of the additional, deleted or modified mortgage terms cannot be accommodated in the space provided, enter "SEE SCHEDULE" and set all of them out in a schedule.

(4) Do not use Item 10 to summarize any mortgage terms or to add to, delete or modify express mortgage terms.

ITEM 11 Prior Encumbrances Permitted by Lender

Instruction

(1) If desired, enter a description of any prior encumbrances the lender will permit.

User Guide

(1) Completion of this Item is not mandatory and the registrar will not examine any information contained in it or verify it against the register.

(2) If it is intended to make the mortgage subject to an interest which will be registered after the registration of the mortgage, do not enter a description of it in this Item. Instead, an appropriate form of consent and postponement may be included in the mortgage terms.

EXAMPLE:

(3) If, at the time the mortgage is executed, it is intended to register the mortgage subject to a certificate of pending litigation, the appropriate entry may be made in this Item. If that decision is made after execution, file a separate election as required under section 216 (2) (b) of the Land Title Act.

ITEM 12 Execution(s)

Instruction

(1) Item 12 is to be used for execution of the mortgage document by the borrower and for officer certification.

(2) If the space provided is not sufficient for execution by all borrowers, then an additional page for execution may be added without reference to the registrar. The additional page must be in Form D. Where a borrower's signature has been certified by an officer, the certification must appear on the same page as the execution.

(3) The date of execution, given in year, month and day, must be indicated in the space provided in Item 12. Years shall be entered using the last 2 digits (e.g. "89" for 1989). Months shall be designated by number (e.g. "2" for February).

User Guide

INDIVIDUAL BORROWER

(1) For natural persons, under the "Borrower(s) Signature(s)" column, the borrower name must be typed or printed immediately below the signature of the borrower.

(2) Under the "Officer Signature(s)" column, the name, address and professional capacity (e.g. solicitor, notary or commissioner) must be typed or printed immediately below the signature of the certifying officer.

EXAMPLE:

12. Execution(s):

(3) Please note that the definition of an officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, sections 60, 63 and 64.

(4) The officer signature must appear directly opposite the borrower signature certified by the officer. If one officer is certifying more than one borrower signature, add "as to all signatures" or "as to the signatures of ..." immediately below the officer signature.

EXAMPLE:

12. Execution(s):*

CORPORATE BORROWER

(1) In the case of a mortgage executed by a corporation, use the format shown in the following example and ensure that the name of the authorized signatory is typed or printed immediately below the signature. Please note that the affixation of a corporate seal is no longer required for Land Title Act purposes. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL BORROWER also apply to this form of execution.

EXAMPLE:

12. Execution(s):

(2) If a company seal is affixed, it must not obliterate or obscure any signature or information entered in this Item. In the case of a corporate attorney, it is the seal of the attorney that is to be affixed rather than that of the borrower.

EXECUTION BY INDIVIDUAL ATTORNEY

(1) In the case of a mortgage executed by an attorney, use the appropriate format shown in the following example. If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL BORROWER also apply to this form of execution.

EXAMPLE:

12. Execution(s):

EXECUTION BY CORPORATE ATTORNEY

(1) In the case of a mortgage 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 borrower. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL BORROWER also apply to this form of execution.

EXAMPLE:

12. Execution(s):**

LACK OF CERTIFICATION

(1) If the borrower signature cannot be certified by an officer, enter "SEE AFFIDAVIT OF EXECUTION" and attach an affidavit that complies with Part 5 of the Land Title Act. Note that the affidavit is part of Form B and must have a page number.

(2) The affidavit must state the reason why officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of the officer certification. In those cases where the affidavit evidence of execution is submitted, the registrar is not likely to exercise his discretion unless officer certification is simply impossible to obtain under the circumstances or the mortgage was executed outside British Columbia.

(3) In those cases where the mortgage document is executed outside British Columbia, the registrar will accept that it is difficult to obtain an officer certification in all cases and will accept the affidavit of execution in lieu of an officer certification.

EXAMPLE:

12. Execution(s):

COVENANTOR OR GUARANTOR

(1) A covenantor or guarantor may sign the document within Item 12. The covenantor's or guarantor's name must be typed or printed below the signature. The signature of the covenantor or guarantor need not be certified by an officer for Land Title Act purposes.

Form C

(Section 233)

Province of
British Columbia

.......................................................................................................................................................
1.	Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)
.......................................................................................................................................................
2.	Parcel Identifier(s) and Legal Description(s) of the Mortgaged Land: *
		(PID)	(LEGAL DESCRIPTION)
.......................................................................................................................................................
3.	Nature of Interest:*
	DESCRIPTION	DOCUMENT REFERENCE (page and paragraph)	PERSON ENTITLED TO INTEREST
.......................................................................................................................................................
4.	Terms: Part 2 of this instrument consists of (select one only)
	(a) Filed Standard Charge Terms		D.F. No.
	(b) Express Charge Terms		Annexed as Part 2
	(c) Release		There is no Part 2 of this instrument
	A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.
.......................................................................................................................................................
5.	Transferor(s):*
.......................................................................................................................................................
6.	Transferee(s): (including postal address(es) and postal code(s))*
.......................................................................................................................................................
7.	Additional or Modified Terms:*
.......................................................................................................................................................
8.	Execution(s): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any.
	Execution Date Officer Signature(s) Y M D
	Officer Certification: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.
*	If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

General Instrument Form Part 1

Completion Instructions

[en. B.C. Reg. 33/92, s. 11; am. B.C. Reg. 300/94.]

GENERAL

(1) Upon submission of a general instrument in Form C to the land title office, a separate application is not necessary unless it also creates, excepts or reserves an interest in land in favour of the transferor that is capable of registration under the Land Title Act, in which case the transferor shall apply to register that interest in Form 17 of B.C. Reg. 334/79.

(2) Please ensure that every Item of Form C is completed in accordance with the instructions and user guide.

(3) The general instrument includes

(a) the general instrument in Form C,

(b) any additional pages to accommodate party and officer signatures in Form D,

(c) all pages attached to the general instrument as a schedule in Form E,

(d) all pages of the express terms, if any, attached to the general instrument as Part 2, and

(e) an affidavit of execution, if any,

and the general instrument shall be arranged in that order.

(4) Enter the total number of pages that comprise the general instrument in the space provided. Number each page after page 1 of the general instrument consecutively.

(5) Do not include the number of pages contained in a set of filed standard charge terms that are to be incorporated by reference. Although incorporated by reference, they are not part of the actual general instrument form.

(6) At the end of the general instrument type or print "END OF DOCUMENT".

SPECIFIC

ITEM 1 Application

Instruction

(1) Enter the name, address (including postal code) and phone number of the applicant or the applicant's solicitor or agent. This must be followed by the signature of that person.

User Guide

(1) Under the Land Title Act, the "applicant" is the person who is entitled to be the registered owner of the charge or a release of it. This item constitutes the application to register the general instrument and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice will be sent to the person named in the application at the address specified.

(2) If the applicant or the applicant's solicitor or agent is an individual, the name, address (with postal code) and phone number of the individual, followed by his or her signature, must be entered.

(3) If the applicant or the applicant's solicitor or agent is not an individual, the name, address (with postal code), phone number and signature of an individual who is authorized to do all acts necessary to effect registration of the general instrument must be entered.

ITEM 2 Parcel Identifier(s) and Legal Description(s) of the Charged Land

Instruction

(1) In the space provided in Item 2, enter the 9 digit parcel identifier number (PID) of each parcel that is to be charged or that is encumbered with the charge being assigned, modified, enlarged, released, partially released or postponed, followed by the legal description of the land matching the PID number. The PID number is not required if not yet assigned.

User Guide

(1) The legal description consists of everything shown in the "Description of Land" segment of a computer title printed below the PID number.

(2) Preambles such as "All and singular that certain parcel..." in the legal description are not required. Similarly, reference to a strata lot owner's share in the common property is not required. Preambles such as "That part of Lot 4.... shown on... " may be used where required.

(3) State Lot and Plan numbers in figures only. In addition, the following abbreviations are acceptable:

(4) It is not necessary to include references to water, improvement or assessment districts, or legal notations such as "hereunto annexed is Easement No. ...".

(5) The legal description(s) with parcel identifier number(s) must be recorded entirely within Item 2 and must not continue onto a schedule.

(6) If the space is not sufficient for the parcel identifier number(s) and legal description(s), set out the parcel identifier number(s) and legal description(s) in a schedule and enter "SEE SCHEDULE" in Item 2.

EXAMPLE:

(7) If a PID number has not been assigned to the parcel, enter "NO PID NUMBER" followed by the legal description.

(8) Please note that land title office mark up of the parcel affected is done by PID number only.

(9) Please ensure that the legal description is entered opposite the PID number of the parcel it describes.

(10) In the case of a partial release, ensure that the land described in this Item is the only land that is to be released from the charge.

EXAMPLE:

ITEM 3 Nature of Interest

Instruction

(1) Enter a brief description of the interest and the name of the person entitled to the interest.

(2) If the general instrument is intended to operate as a release of a registered charge, enter a description of the charge and its registration number and enter "N/A" for the document reference. In most cases the person entitled to the interest will be the registered owner.

EXAMPLE:

(3) While the above example states "Release of Mortgage No. M1160" in the Description Column, the words "Discharge of Mortgage No. M1160" are acceptable. In the case of a lease, the words "surrender of Lease No. L1160" will be appropriate.

(4) Where a charge (e.g. an easement) only affects part of the land described in Item 2, there must be a statement to that effect in the Description of Interest column.

(5) Where there is a dominant tenement associated with the charge, a description of the dominant tenement, including the PID number, must be set out in the Person Entitled to Interest column.

EXAMPLE:

User Guide

(1) The following classes of instrument that create or constitute any of the following must be in Form C:

(a) an assignment of rents that is not part of a mortgage;

(b) an easement;

(c) an equitable charge other than a floating charge;

(d) an agreement to extend a registered mortgage or charge over other land;

(e) an agreement to modify a registered charge;

(f) a priority agreement;

(g) a lease, option to lease or agreement to renew a lease;

(h) an option to purchase;

(i) a right of first refusal;

(j) a right to purchase;

(k) a statutory right of way;

(l) a positive or negative covenant, other than a declaration of building scheme in Form 35 of B.C. Reg. 334/79;

(m) an assignment of a charge other than an assignment in Form 27 or 28 of B.C. Reg. 334/79;

(n) a release or discharge of a charge or interest.

(2) As a general rule, any instrument that creates a voluntary charge agreed to by the parties or that voluntarily releases a charge must be in Form C. If the signature of the owner of the land affected by the charge is not necessary to create the charge, do not use the general instrument form. Similarly, where the signature of the charge holder is not necessary to effect a release of it, do not use the general instrument form.

(3) Please note the following:

(a) a debenture security or security agreement that creates a mortgage of specific land must be in Form B;

(b) a debenture security or security agreement that does not create a mortgage of specific land must be in Form C where it creates an equitable charge other than a floating charge;

(c) if the equitable charge created by the debenture or security agreement is a floating charge, the instrument need not be in Form C (in which case the application to register shall be in Form 17 of B.C. Reg. 334/79);

(d) a floating charge on land is not registerable until it has crystallized;

(e) if the instrument is a supplemental debenture or a supplemental security agreement, and it purports to modify or extend a registered charge, the instrument must be in Form C;

(f) if the instrument is a supplemental debenture or a supplemental security agreement that creates a mortgage of specific land in circumstances where the principal debenture or security agreement is unregistered, the instrument must be in Form B.

(4) For document reference, enter the general instrument page number and the paragraph number where the interest is created (the words of grant). Where the words creating the interest are contained in a set of filed standard charge terms, enter the filing number of the set and the page and paragraph number where the interest is created.

EXAMPLE:

(5) The following list contains examples of instruments that shall not be in Form C (the list is not exhaustive):

(a) builder's lien;

(b) caveat;

(c) change of name application;

(d) court order;

(e) tax sale notice;

(f) transmission;

(g) any other instrument, the form of which is prescribed

(i) under the Act, or

(ii) under any other enactment,

where applied for in Form 17 of B.C. Reg. 334/79.

(6) Generally, the instruments listed in subsection (5) create involuntary charges or are already prescribed under B.C. Reg. 334/79. Unless a form of application is dispensed with by the registrar, or is otherwise prescribed, application to register them shall be in Form 17.

(7) If at the time the general instrument is executed it is intended to register the interest subject to a certificate of pending litigation, the appropriate entry may be made in this Item. If that decision is made after execution, file a separate election as required under section 216 (2) (b) of the Act.

(8) Where the general instrument is intended to

(a) assign a charge,

(b) modify a charge,

(c) postpone a charge, or

(d) release a charge

please enter a brief description of the nature of the transaction and the charges affected by it.

EXAMPLE

ITEM 4 Terms

Instruction

(1) Part 2 of the general instrument that creates, assigns, modifies, enlarges or governs the priority of a charge consists of one of

(a) filed standard charge terms, or

(b) express charge terms appended as Part 2.

(2) Since the list in subsection (1) is exhaustive, only one may be selected.

(3) Where filed standard charge terms are selected, they are considered to be Part 2 of the general instrument. Where express charge terms are used, these must be entitled "TERMS OF INSTRUMENT - PART 2" and be attached to Part 1 of the general instrument immediately after any schedules to Form C.

(4) In the case of a release, the general instrument will be in Part 1 only. There will be no Part 2. Any saving language describing rights not specifically released may be set out in Item 7.

(5) In the case of a modification agreement, a priority agreement or surrender of lease, the terms of the modification, priority or surrender of lease are to be treated as express charge terms and are to be appended as Part 2 of the general instrument.

User Guide

(1) There are 3 options for completing Item 4:

(a) if a set of filed standard charge terms is to be incorporated, enter "X" in the appropriate box and enter the filing number assigned to the set by the land title office;

(b) if express terms are to be attached, enter "X" in the appropriate box and annex them as Part 2;

(c) if the instrument is intended to release a charge, enter "X" in the appropriate box.

(2) A selection of filed standard charge terms will include any addition, deletion or modification to those terms referred to in Item 7.

ITEM 5 Transferor(s)

Instruction

(1) In the case of an individual, enter the full name of the transferor.

(2) In the case of a corporation, enter its name and its British Columbia incorporation or registration number, if any.

(3) It is not necessary to set out occupations or addresses in this Item.

User Guide

(1) The "transferor" is the person who

(a) transfers, assigns, grants or otherwise creates an interest,

(b) postpones an interest,

(c) releases or discharges an interest, or

(d) in the case of the modification of a charge, granted the charge or is the owner of the estate, charge or interest that is encumbered by the charge being modified.

(2) If the transferor is an individual, his or her name should be set out in full as it appears on the title.

(3) The address of the transferor need not be entered as part of the description.

EXAMPLE:

(4) In the case of a corporation that is a British Columbia company or that is registered in British Columbia, enter the British Columbia incorporation or registration number. If it is neither incorporated nor registered in British Columbia, the name of its governing jurisdiction may be entered in this Item.

EXAMPLE:

(5) Preference is for transferor names to be printed or typed in capitals and underlined as shown in the above examples.

(6) If there is insufficient space to enter the names of all of the transferors, enter "SEE SCHEDULE" and set out all the names in a schedule. Do not set out some names in Item 4 and some in a schedule.

EXAMPLE:

(7) In the case of a release of charge, enter the full name of the charge holder in this Item.

(8) In the case of a priority agreement, enter the full name of the charge holder granting the priority in this Item.

(9) In the case of a modification agreement, enter the name of the registered owner of the estate, charge or interest that is encumbered by the charge being modified in this Item.

ITEM 6 Transferee(s)

Instruction

(1) In the case of an individual, enter the full name and occupation of the transferee (and, if applicable, information respecting joint tenancy), together with a postal address for the transferee.

(2) In the case of a corporation, enter its full name and British Columbia incorporation or registration number. If it is not incorporated or registered in British Columbia, enter a description of its governing jurisdiction. In either case, a postal address for the transferee must be entered in this Item.

User Guide

(1) In all cases, the postal address must include a postal code. It is not sufficient to state only the name of the city, town or village.

(2) In the case of a transferee which has branch offices, a branch office address may be included as part of the description of the transferee, but a postal address must also be shown. The name of the governing jurisdiction of a corporation must always be entered unless the corporation is incorporated or registered in British Columbia.

EXAMPLE:

(3) If the transferees are taking fractional interests, the shares must be expressed as a whole fraction. For example, an undivided 1/3 interest expressed as 33.3% is not permitted.

(4) Preference is that transferee names be printed or typed in capitals and underlined as shown in the above examples.

(5) If there is insufficient space to enter the names, occupations and addresses of all the transferees, enter "SEE SCHEDULE" and set out all the names, occupations and addresses in a schedule.

EXAMPLE:

(6) In the case of a release of charge, enter the full name of the owner of the encumbered estate or interest in this Item. Where that person is the fee simple owner, the words "Registered Owner" will be sufficient. It is not necessary to specify that person's occupation, postal address and postal code.

(7) In the case of a priority agreement, enter the name of the holder of the charge or interest for which the priority is given in this Item.

(8) In the case of a modification agreement, enter the name of the registered owner of the charge being modified or the registered owner of the estate or interest benefiting from the charge being modified.

ITEM 7 Additional or Modified Terms

Instruction

(1) Where the filed standard charge terms are to be added to, deleted or modified, the addition, deletion or modification may be entered in Item 7 or in a schedule.

(2) If all of the additional, deleted or modified charge terms can be accommodated in the space provided, enter them in Item 7.

(3) If all of the additional, deleted or modified charge terms cannot be accommodated in the space provided, enter "SEE SCHEDULE" and set all of them out in a schedule.

(4) Do not use Item 7 to summarize any charge terms or to add to, delete or modify express terms.

(5) Saving language may be added where appropriate. For example, in a release of mortgage, the mortgagee may wish to add express words to set out that the contractual obligation to pay is not affected in those cases where only the security is to be released.

ITEM 8 Execution(s)

Instruction

(1) Item 8 is to be used for the signature of all persons required to execute the general instrument and for officer certification.

(2) If the space provided is not sufficient for the signature of all persons required to execute the general instrument, then an additional page may be added to accommodate the additional signatures. The additional page must be in Form D. Where a signature of a party is certified by an officer, the certification must appear on the same page as the party signature.

(3) The date of execution, given in year, month and day, must be indicated in the space provided in Item 8. Years shall be entered using the last 2 digits (e.g. "89" for 1989). Months shall be designated by number (e.g. "2" for February).

User Guide

INDIVIDUAL TRANSFEROR OR TRANSFEREE

(1) For natural persons, under the "Party(ies) Signature(s)" column, the party name must be printed or typed immediately below the signature.

(2) Under the "Officer Signature(s)" column the name, address and professional capacity (e.g. solicitor, notary public or commissioner) must be typed or printed immediately below the signature of the certifying officer.

EXAMPLE:

8. Execution(s):**

(3) Please note that the definition of an officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, sections 60, 63 and 64.

(4) The officer signature must appear directly opposite the party signature certified by the officer. If one officer is certifying the signature of more than one party, add "as to all signatures" or "as to the signatures of....." immediately below the officer signature.

EXAMPLE:

8. Execution(s):**

CORPORATE TRANSFEROR OR TRANSFEREE

(1) In the case of a general instrument executed by a corporation, use the format shown in the following example and ensure that the name of the authorized signatory is typed or printed immediately below the signature. Please note that affixation of a corporate seal is no longer required for Land Title Act purposes. The provisions of subsections (2), (3) and (4) under the heading "INDIVIDUAL TRANSFEROR OR TRANSFEREE" also apply to this form of execution.

EXAMPLE:

8. Execution(s):**

(2) If a company seal is to be affixed, please ensure that it does not obliterate or obscure any signature or information entered in this Item. In the case of a corporate attorney, it is the seal of the attorney that is to be affixed rather than that of the party for whom the attorney acts.

EXECUTION BY INDIVIDUAL ATTORNEY

(1) In the case of a general instrument executed by an attorney, use the appropriate format shown in the following example. If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. The provisions of subsections (2), (3) and (4) under the heading "INDIVIDUAL TRANSFEROR OR TRANSFEREE" also apply to this form of execution.

EXAMPLE:

8. Execution(s):**

EXECUTION BY CORPORATE ATTORNEY

(1) In the case of a general instrument executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporation is acting as the attorney for the party. The provisions of subsections (2), (3) and (4) under the heading "INDIVIDUAL TRANSFEROR OR TRANSFEREE' also apply to this form of execution.

EXAMPLE:

8. Execution(s):**

LACK OF CERTIFICATION

(1) If the transferor(s)/transferee(s) signature(s) cannot be certified by an officer, enter "SEE AFFIDAVIT OF EXECUTION" and attach an affidavit that complies with Part 5 of the Land Title Act. Note that the affidavit is part of Form C and must have a page number.

(2) The affidavit must state the reason why officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of the officer certification. In those cases where the affidavit evidence of execution is submitted, the registrar is not likely to exercise his discretion unless officer certification is simply impossible to obtain under the circumstances or the general instrument was executed outside British Columbia.

(3) In those cases where the general instrument is executed outside British Columbia, the registrar will accept that it is difficult to obtain an officer certification in all cases and will accept the affidavit of execution in lieu of an officer certification.

EXAMPLE:

8. Execution(s):**

Form D

EXECUTIONS CONTINUED

.......................................................................................................................................................

Officer Certification:
Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

Form E

SCHEDULE

.......................................................................................................................................................

ENTER THE REQUIRED INFORMATION IN THE SAME ORDER AS THE INFORMATION MUST APPEAR ON THE FREEHOLD TRANSFER FORM, MORTGAGE FORM OR GENERAL DOCUMENT FORM.

Schedule Form

Completion Instructions

Instruction

(1) Each page of the schedule must be numbered in the top right corner.

(2) The page numbers assigned to the schedule must be in sequence with the numbers assigned to the preceding page(s) of the transfer form.

User Guide

(1) Attachments to a freehold transfer or mortgage form must be in the following order:

(a) additional page or pages to accommodate additional signatures and officer certifications, if any, in Form D;

(b) one or more schedules, in Form E;

(c) express mortgage terms, if any;

(d) affidavit of execution, if any.

(2) Attachments to a general document form must be in the following order:

(a) additional page or pages to accommodate additional signatures and officer certifications, if any, in Form D;

(b) one or more schedules, if any, in Form E;

(c) attachment containing the terms of the instrument;

(d) affidavit of execution, if any.

(3) Entries in a schedule in Form E must be

(a) labelled by subheadings identical to those in the freehold transfer, mortgage or general document form to which Form E is attached, and

(b) made in the same order as they would have been in the freehold transfer, mortgage or general document form to which Form E is attached.

(4) The schedule in Form E is only to be used to set out information that, due to limited space, cannot be accommodated in the freehold transfer, mortgage or general document form.

(5) The schedule in Form E is not to be confused with the attachment to the general document form that contains the terms of the instrument. This attachment may be labelled "TERMS OF INSTRUMENT" and attached immediately after any schedule.

(6) Do not assign number or letter designations (such as "Schedule A" or "Schedule 1") to different pages or parts of the schedule. These are not necessary.

(7) All labelled subheadings must be in block capitals and be numbered in accordance with the item number of the transfer form to which Form E is attached.

(8) Special covenants (such as those of a guarantor) that do not correspond to an item of a transfer form may be set out at the end of the schedule and labelled accordingly.

(9) At the bottom of the last page of the last attachment to the transfer form, type or print "END OF DOCUMENT".