Section 1 definition of "Ministry of Transportation" was added by 2003-66-33, effective October 23, 2003 (Royal Assent).
Section 1 definition of "designated highways official" BEFORE amended by 2003-66-34, effective October 23, 2003 (Royal Assent).
"designated highways official" means an employee of the Ministry of Transportation and Highways designated, by name or by title, by the minister responsible for that ministry as a designated highways official for the purposes of the applicable provision of this Act;
Section 1 definition of "records" BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
"records" includes the register, books, indices, drawings, plans, instruments and other documents or any part of them registered, deposited, filed or lodged in the land title office, and those recorded or stored by any means, whether graphic, electronic, mechanical or otherwise, in any location approved by the Attorney General;
Section 1 definitions "electronic", "record" and "true copy" were added by 2004-12-9, effective March 31, 2004 (Royal Assent).
Section 1 definition "explanatory plan" paragraph (b) BEFORE amended by 2004-44-121(a), effective December 31, 2004 (BC Reg 547/2004).
(b) is certified correct in accordance with the records of the land title office by a British Columbia land surveyor or by a person designated under section 121 (7) of the Forest Act or section 5 (3) of the Highway Act for the purposes of those sections;
Section 1 definition "Ministry of Transportation" BEFORE amended by 2004-44-121(b), effective December 31, 2004 (BC Reg 547/2004).
"Ministry of Transportation" means the ministry of the minister charged with the administration of the Highway Act;
Section 1 definitions of "Board of Directors", "chief executive officer", and "Land Title and Survey Authority" were added by 2004-66-66, effective January 20, 2005 (BC Reg 16/2005).
Section 1 definition of "records" BEFORE amended by 2004-66-66, effective January 20, 2005 (BC Reg 16/2005).
"records" includes the register, books,indices, drawings, plans, instruments and other documents or any part of them registered, deposited, filed or lodged in the land title office, and those recorded or stored by any means, whether graphic, electronic, mechanical or otherwise, in any location approved by the minister;
Section 1 definition of "director" BEFORE amended by 2006-24-23(a), effective July 21, 2006 (BC Reg 229/2006).
"director" means the Director of Land Titles referred to in section 9;
Section 1 definition of "true copy" paragraph (b) BEFORE amended by 2006-24-23(b), effective July 21, 2006 (BC Reg 229/2006).
(b) in relation to an electronic instrument, a legible paper copy of the electronic instrument containing every material provision and particular contained in the original.
Section 1 definition of "approving officer" paragraph (f) was added by 2007-36-107(a), effective April 3, 2009 (BC Reg 55/2009).
Section 1 definition of "encumbrance" paragraph (c) was added by 2007-36-107(b), effective April 3, 2009 (BC Reg 55/2009).
Section 1 definition of "enduring power of attorney" was added by 2007-34-85, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-85 was amended by 2011-5-14, effective June 17, 2011 (BC Reg 111/2011).
Section 1 definitions of "Nisg̱a'a Final Agreement", "Nisg̱a'a Lands", "Nisg̱a'a law", "Nisg̱a'a Lisims Government", "Nisg̱a'a Nation", "Nisg̱a'a Village" and "Nisg̱a'a Village Government" BEFORE repealed by 2014-32-36, effective November 27, 2014 (Royal Assent).
"Nisg̱a'a Final Agreement" has the same meaning as in the Nisg̱a'a Final Agreement Act;
"Nisg̱a'a Lands" means those Nisg̱a'a Lands, as defined in the Nisg̱a'a Final Agreement, to which this Act applies under the Nisg̱a'a Final Agreement;
"Nisg̱a'a law" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Lisims Government" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Nation" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Village" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Village Government" has the same meaning as in the Nisg̱a'a Final Agreement;
Section 1 definition of "true copy", paragraph (b) BEFORE amended by 2018-37-11, effective November 15, 2019 (BC Reg 171/2019).
(b) in relation to an electronic instrument, electronic plan application or electronic plan, as those terms are defined in section 168.1, a legible paper copy of the electronic instrument, electronic plan application or electronic plan containing every material provision and particular contained in the original.
Section 1 definition of "explanatory plan", paragraph (b) BEFORE amended by 2021-37-109, effective November 25, 2021 (Royal Assent).
(b) is certified correct in accordance with the records of the land title office by a British Columbia land surveyor or by
(i) a person designated under section 121 (7) of the Forest Act for the purpose of that section, or
(ii) the minister charged with the administration of the Transportation Act;
Section 1 definition of "building scheme" BEFORE amended by 2023-10-439, effective March 30, 2023 (Royal Assent).
"building scheme" means a scheme of development that comes into existence where defined land is laid out in parcels and intended to be sold to different purchasers or leased or subleased to different lessees, each of whom enters into a restrictive covenant with the common vendor or lessor agreeing that his or her particular parcel is subject to certain restrictions as to use, the restrictive covenants constituting a special local law applicable to the defined land and the benefit and burden of the covenants passing to, as the case may be, the purchaser, lessee or sublessee of the parcel and his or her successors in title;
Section 4 BEFORE amended by 2004-66-67, effective January 20, 2005 (BC Reg 16/2005).
4 For the purpose of this Act, there are in British Columbia 7 land title districts, respectively known as the Kamloops, Nelson, New Westminster, Prince George, Prince Rupert, Vancouver and Victoria Land Title District, with their respective district boundaries as defined by the regulations.
Section 5 BEFORE amended by 2004-66-68, effective January 20, 2005 (BC Reg 16/2005).
5 The Lieutenant Governor in Council may, by order,
(a) increase or decrease the number of land title districts in British Columbia,
(b) constitute all or a portion of British Columbia a land title district, whether or not all or part of it is included in an existing land title district,
(c) declare by what local name a new land title district is to be known, and
(d) change or redefine the boundaries of a land title district.
Section 6 (2) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(2) An office referred to in subsection (1) may serve more than one land title district and may be supplemented by suboffices designated by the Attorney General and under the control and direction of a registrar or person designated by the director.
Section 6 BEFORE amended by 2004-66-69, effective January 20, 2005 (BC Reg 16/2005).
6 (1) There must be offices, each called the "Land Title Office", at locations designated by the Lieutenant Governor in Council, at which the records of the land title district served by the office are maintained.
(2) An office referred to in subsection (1) may serve more than one land title district and may be supplemented by suboffices designated by the minister and under the control and direction of a registrar or person designated by the director.
Section 7 BEFORE re-enacted by 2004-66-70, effective January 20, 2005 (BC Reg 16/2005).
7 The land title offices at Kamloops, Nelson, New Westminster, Prince George, Prince Rupert, Vancouver and Victoria are continued with their respective records, and are the offices of the land title district in which they are respectively located, unless otherwise ordered under this Act.
Section 9 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
9 The Attorney General may appoint, under the Public Service Act, a Director of Land Titles, whose powers and duties, under the direction of the Attorney General, are
(a) to inspect the records of the several land title offices, and to regulate the practice in them, in accordance with this Act and regulations, so as to secure uniformity in matters of detail and procedure,
(b) under the style of "acting registrar", to perform the duties of a registrar under this Act, and
(c) to perform those other duties that may be assigned to the director by the Attorney General.
Section 9 BEFORE amended by 2004-66-71, effective January 20, 2005 (BC Reg 16/2005).
9 The minister may appoint, under the Public Service Act, a Director of Land Titles, whose powers and duties, under the direction of the minister, are
(a) to inspect the records of the several land title offices, and to regulate the practice in them, in accordance with this Act and regulations, so as to secure uniformity in matters of detail and procedure,
(b) under the style of "acting registrar", to perform the duties of a registrar under this Act, and
(c) to perform those other duties that may be assigned to the director by the minister.
Section 10 (2) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(2) On instructions from the Attorney General, a registrar must perform the duties of the director, or of a registrar in another land title district, during the illness or absence of the director or registrar or during a vacancy in the office, and a registrar, while performing those duties, is to be known as "acting director" or "acting registrar", as the case may be.
Section 10 BEFORE amended by 2004-66-72, effective January 20, 2005 (BC Reg 16/2005).
10 (1) The business of each land title office is to be conducted by an officer, to be called the "registrar", together with the employees that are necessary, all of whom must be appointed under the Public Service Act.
(2) On instructions from the minister, a registrar must perform the duties of the director, or of a registrar in another land title district, during the illness or absence of the director or registrar or during a vacancy in the office, and a registrar, while performing those duties, is to be known as "acting director" or "acting registrar", as the case may be.
Section 10 (2) BEFORE amended by 2006-24-24, effective July 21, 2006 (BC Reg 229/2006).
(2) On instructions from the director, a registrar must perform the duties of the director, or of a registrar in another land title district, during the illness or absence of the director or registrar or during a vacancy in the office, and a registrar, while performing those duties, is to be known as "acting director" or "acting registrar", as the case may be.
Section 11 (3) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(3) Subject to instructions, which the Attorney General may give under section 10 (2), in case of a vacancy in the office of registrar, a deputy registrar designated by the director must perform the duties of a registrar under this Act until another registrar is appointed.
Section 11 (1) and (3) BEFORE amended by 2004-66-73, effective January 20, 2005 (BC Reg 16/2005).
(1) There may be appointed, under the Public Service Act, one or more deputy registrars and one or more assistant deputy registrars to assist and carry out the directions of a registrar.
(3) Subject to instructions, which the minister may give under section 10 (2), in case of a vacancy in the office of registrar, a deputy registrar designated by the director must perform the duties of a registrar under this Act until another registrar is appointed.
Section 12 BEFORE re-enacted by 2023-10-440, effective March 30, 2023 (Royal Assent).
Evidence of authority of officials to act in certain cases
12 If the director, a registrar, a deputy registrar or an assistant deputy registrar acts in the performance of any duty under the purported exercise of the powers conferred by any of the preceding sections, the fact that he or she has so acted is conclusive evidence that an occasion that warranted him or her in exercising those powers had arisen.
Section 13 (3) BEFORE repealed by 2018-37-12, effective October 31, 2018 (Royal Assent).
(3) A person must not be appointed a deputy registrar unless the person
(b) is employed in a land title office in British Columbia and has been so employed for a period of at least 7 years.
Section 14 BEFORE amended by 2004-66-74, effective January 20, 2005 (BC Reg 16/2005).
14 The director or a registrar, officer or other employee in a land title office must not
(a) directly or indirectly act as the agent of a person investing money and taking securities on land in British Columbia,
(b) advise for a fee, reward or otherwise on titles to land,
(c) practise as a solicitor, notary public or conveyancer, or
(d) carry on or transact in the land title office a business or occupation other than his or her duties as director, registrar, officer or employee.
Section 14 (d) BEFORE amended by 2023-10-441, effective March 30, 2023 (Royal Assent).
(d) carry on or transact in the land title office a business or occupation other than his or her duties as director, registrar or employee.
Section 15 (1) BEFORE amended by 2004-66-75, effective January 20, 2005 (BC Reg 16/2005).
(1) Each land title office must have an official seal bearing the impression of the Great Seal of the Province and inscribed with the words "The Land Title Office" and with the names of the land title districts that it serves.
Section 16 BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
16 Except on Saturdays and holidays, the registrar must keep the registrar's office open to the public for the transaction of business every day from 9 a.m. until 3 p.m.
Section 18 BEFORE amended by 2007-14-143, effective December 1, 2007 (BC Reg 354/2007).
Protection of director and registrar from personal liability
18 The director and registrar are not, nor is a person acting under their directions, liable personally in a proceeding for or in respect of an act or matter that is, in good faith, done, or omitted to be done, in the exercise or supposed exercise of the powers conferred on either of them, or in the performance of their duties under this Act or any other Act, or under an order or regulation made under this Act or any other Act, or for costs in connection with a proceeding.
Section 19 (1) (a) and (3) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(a) to attend out of the registrar's office as a witness for examination, or
(3) The registrar may be examined and records produced at the registrar's office under a commission or similar order for the examination of a witness.
Section 19 (1) (part) BEFORE amended by 2023-10-442, effective March 30, 2023 (Royal Assent).
(1) The registrar, in his or her official capacity, is not bound by a subpoena, order or summons issued from a court in a civil matter
Section 23 (2) BEFORE amended by 2005-35-12(a), effective November 24, 2005 (Royal Assent).
(2) An indefeasible title, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title, subject to the following:
Section 23 (2) (i) BEFORE amended by 2005-35-12(b), effective November 24, 2005 (Royal Assent).
(i) the right of a person to show fraud, including forgery, in which the registered owner, or the person from or through whom the registered owner derived his or her right or title otherwise than in good faith and for value, has participated in any degree;
Section 25 (2) (c) BEFORE repealed by 2005-35-13, effective November 24, 2005 (Royal Assent).
(c) a person deprived of land by fraud, including forgery, as against
(i) a person registered as owner through fraud in which the owner has participated in any degree, or
(ii) a person deriving the person's right or title otherwise than in good faith and for value from or through a person so registered through fraud,
Section 29 (3) and (4) BEFORE amended by 2019-23-109(a),(b), effective November 30, 2020 (BC Reg 250/2020).
(3) Subject to section 49 of the Personal Property Security Act, a person contracting or dealing with, taking from or proposing to take from a registered owner, an estate or interest in land, or a transfer or assignment of an estate or interest in land, is not affected by a financing statement registered under that Act whether or not the person had express, constructive or implied notice or knowledge of the registration.
(4) The fact that the person who is contracting with, dealing with, taking from or proposing to take from a registered owner under subsection (2) had knowledge of a financing statement registered under the Personal Property Security Act, or that the person could have obtained knowledge of the financing statement by searching the personal property registry established under that Act, is not evidence of fraud or bad faith for the purposes of subsection (2).
Section 29 (2) (part) BEFORE amended by 2023-10-443, effective March 30, 2023 (Royal Assent).
(2) Except in the case of fraud in which he or she has participated, a person contracting or dealing with or taking or proposing to take from a registered owner
Section 30 (6) BEFORE amended by 2010-6-63, effective July 1, 2010.
(6) Nothing in this section affects the right of a person claiming through a mortgagor or mortgagee, or through a vendor or purchaser, while the action is pending, to enter an appearance in the action.
Section 30 (3) (f) BEFORE amended by 2015-41-15, effective November 17, 2015 (Royal Assent).
(f) a certificate of pending litigation in a foreclosure action has been filed or registered.
Section 36 (1) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(1) The registrar, after registration of title in fee simple or a charge or a cancellation of a charge, must, unless the director otherwise orders, make on an instrument deposited in support of the application for registration or cancellation or, if no instrument is deposited, on the application, an endorsement in the prescribed form, which must be received in all courts as conclusive evidence of the registration of the instrument or application.
Section 38 (3) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(3) The registrar must store the official record made under subsection (2) either in the land title office or in some other location approved by the Attorney General.
Section 38 (3) BEFORE amended by 2004-66-79, effective January 20, 2005 (BC Reg 16/2005).
(3) The registrar must store the official record made under subsection (2) either in the land title office or in some other location approved by the minister.
Section 39 BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
39 Unless the use of a prescribed form is required by this Act, an instrument sufficient to pass or create an estate or interest in land is registrable, and for all purposes of registration effect must be given to the form of instrument according to its tenor.
Section 41 definition "instrument" was added by 2004-12-10, effective March 31, 2004 (Royal Assent).
Section 41 definition of "instrument" BEFORE amended by 2018-37-13, effective November 15, 2019 (BC Reg 171/2019).
"instrument" includes a true copy of an electronic instrument as defined in section 168.1;
Section 41 definition of "signature" BEFORE amended by 2023-10-444, effective March 30, 2023 (Royal Assent).
"signature" includes the mark of an individual who cannot sign his or her name in English characters;
Section 43 (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) the signature witnessed by the officer is the signature of the individual who made the acknowledgment.
Section 43 (a) BEFORE amended by 2023-10-445, effective March 30, 2023 (Royal Assent).
(a) the individual appeared before and acknowledged to the officer that he or she is the person named in the instrument as transferor, and
Section 44 (1) (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) the signature witnessed by the officer is the signature of the individual who made the acknowledgment.
Section 44 (2) BEFORE amended by 2023-10-446, effective March 30, 2023 (Royal Assent).
(2) A corporation must execute an instrument by its authorized signatory who must, on behalf of the corporation, sign his or her name to the instrument.
Section 45 (1) (a) (ii) (A) and (B) BEFORE amended by 2007-34-86(a), effective September 1, 2011 (BC Reg 14/2011).
(A) if the power of attorney is not an enduring power of attorney under section 8 (1) of the Power of Attorney Act, the individual had, at that time, no knowledge of the mental infirmity of the transferor, or
(B) if the power of attorney is an enduring power of attorney under section 8 (1) of the Power of Attorney Act, the individual had, at that time, no knowledge of the termination of his or her authority by the operation of section 8 (2) of that Act, and
Section 45 (1) (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) the signature witnessed by the officer is the signature of the individual who made the acknowledgment.
Section 45 (1) (a) (ii) (B) BEFORE amended by 2023-10-447(a), effective March 30, 2023 (Royal Assent).
(B) in the case of an enduring power of attorney, the individual had, at that time, no knowledge of the suspension or termination of his or her authority under any enactment,
Section 45 (2) BEFORE amended by 2023-10-447(b), effective March 30, 2023 (Royal Assent).
(2) An attorney who is an individual must execute the instrument by signing his or her name and must indicate on the instrument that he or she is the attorney of the transferor.
Section 46 (1) (a) (iv) (A) and (B) BEFORE amended by 2007-34-87(a), effective September 1, 2011 (BC Reg 14/2011).
(A) if the power of attorney is not an enduring power of attorney under section 8 (1) of the Power of Attorney Act, the individual had, at that time, no knowledge of the mental infirmity of the transferor, or
(B) if the power of attorney is an enduring power of attorney under section 8 (1) of the Power of Attorney Act, the individual had, at that time, no knowledge of the termination of the authority of the corporate attorney by the operation of section 8 (2) of that Act, and
Section 46 (1) (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) the signature witnessed by the officer is the signature of the individual who made the acknowledgment.
Section 47 BEFORE amended by 2023-10-448, effective March 30, 2023 (Royal Assent).
Witnessing — persons not fluent in English
47 In the case of an instrument that is executed by an individual who appears to the officer to be unable to read English or sign his or her name in English characters, the signature of the officer is, in addition to the certification in section 43, a certification by the officer that the individual appeared before and acknowledged to the officer that the contents and effect of the instrument were sufficiently communicated to the individual and that the individual fully understood the contents of the instrument.
Section 47.1 BEFORE repealed by 2007-34-88, effective September 1, 2011 (BC Reg 14/2011).
Representation agreement
47.1 (1) This Part and section 51 apply to an instrument executed by a representative under a representation agreement made under section 9 of the Representation Agreement Act as though the representation agreement were an enduring power of attorney.
(2) For the purposes of subsection (1), the following references in this Part and in section 51 are to be read as follows:
(a) a reference to a power of attorney or to an enduring power of attorney as a reference to a representation agreement;
(b) a reference to an attorney as a reference to a representative;
(c) a reference to the Power of Attorney Act or to a provision of that Act as a reference to the Representation Agreement Act or to the corresponding provision of that Act, as the case may be.
(3) In addition to certifying the matters set out in section 45 (1) or 46 (1), as applied by this section, the signature of the officer witnessing the execution of an instrument by a representative is a certification by the officer that the representative appeared before and acknowledged to the officer that
(a) the authority conferred by the representation agreement is not suspended under section 12 (8) of the Representation Agreement Act,
(b) no provision of the representation agreement is cancelled under section 28 of the Representation Agreement Act,
(c) the representation agreement has not ended for any of the reasons set out in section 29 of the Representation Agreement Act,
(d) no provision of the representation agreement affecting property is suspended or cancelled under section 19.1 of the Patients Property Act, and
(e) any changes to the representation agreement affecting the authority given to a representative under section 9 (1) (g) of the Representation Agreement Act have been filed with the registrar under this Act or a copy, certified under section 51 (4) as applied by section 51 (4.1) of this Act to be a true copy of those changes, has been so filed.
Section 48 (1) BEFORE amended by 2023-10-448, effective March 30, 2023 (Royal Assent).
(1) In the case of an instrument executed under seal by an individual, whether on the individual's own behalf or as the attorney for the transferor, the signature of the officer witnessing the execution is, in addition to any other certification evidenced by the officer's signature, a certification by the officer that the individual appeared before the officer and acknowledged that
(a) the individual affixed his or her seal to the instrument, or
(b) if the individual is acting under a power of attorney, the individual affixed his or her seal to the instrument and was authorized by the transferor to do so.
Section 49 (d) (i) BEFORE amended by 2023-10-449, effective March 30, 2023 (Royal Assent).
(i) of a person 16 years of age or older acquainted with the transferor and the signature of the transferor stating his or her belief that the signature subscribed to the instrument is the signature of the person named in the instrument as transferor, or
Section 51 (2.1), (4.1) and (6) were added by 2001-2-19, effective September 1, 2001 (BC Reg 99/2001).
Section 51 (2.1) BEFORE amended by 2007-34-89, effective September 1, 2011 (BC Reg 14/2011).
(2.1) In the case of a representation agreement signed under section 13 (4) of the Representation Agreement Act, the signature of the person signing the agreement on behalf of the adult making the agreement is deemed to be the adult's signature for the purposes of this Act.
Section 51 (4.1) and (6) BEFORE repealed by 2007-34-89, effective September 1, 2011 (BC Reg 14/2011).
(4.1) Subsection (4) applies to a copy of a change to a representation agreement as it applies to a copy of a representation agreement.
(6) A copy certified and filed as described in section 47.1 (3) (e) is, for the purposes of this Act, conclusive proof of the contents of a change to a representation agreement.
Section 51 (3) BEFORE amended by 2011-5-23(a), effective September 1, 2011 (BC Reg 111/2011).
(3) A person who is appointed an attorney for the execution of an instrument tendered for registration must have reached 19 years of age at the time of the appointment, and proof of that fact must be given to the registrar at the time the power of attorney is filed.
Section 51 (1) (b) (i) and (ii) BEFORE amended by 2023-10-450, effective March 30, 2023 (Royal Assent).
(i) by the registrar, if he or she has custody of the original,
(ii) by the registrar of companies, if he or she has custody of the original, or
Section 53 (2) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(2) The registrar must endorse on every power of attorney, or certified copy of it, filed in the registrar's office, a serial number and the date and time of filing.
Section 54 BEFORE renumbered and (2) was added by 2011-5-25, effective September 1, 2011 (BC Reg 11/2011).
Effect of execution of second power of attorney
54 The execution by a principal of a subsequent power of attorney does not for the purpose of this Act revoke the appointment of an attorney made by that principal under a previous power of attorney, unless
(a) the subsequent power of attorney expressly revokes in whole or in part the previous power of attorney, and
(b) section 57 is complied with.
Section 56 (3) BEFORE amended by 2007-34-90, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-90 was amended by 2009-22-35, effective October 29, 2009 (Royal Assent).
(3) For the purpose of this Act, but subject to section 57 (1), a power of attorney referred to in section 8 (1) of the Power of Attorney Act that is filed under section 51 of this Act remains valid, unless terminated by another means, until an order terminating the power of attorney under section 8 (2) of the Power of Attorney Act is filed in the land title office.
Section 57 (1) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(1) A power of attorney filed in the land title office may be revoked by filing a notice of revocation in the prescribed form, or by filing other evidence that, in the opinion of the registrar, is sufficient to effect a revocation.
Section 67 (s) BEFORE amended by 2003-66-34, effective October 23, 2003 (Royal Assent).
(s) unless otherwise provided by regulation, the plan must be accompanied by a machine made transparent copy of a type approved by the Surveyor General, together with the number of white prints that may be necessary for the purpose of taxing authorities, the Surveyor General, the Ministry of Transportation and Highways and the regional board of the regional district in which the land is located;
Section 67 (b) BEFORE amended by 2004-21-56, effective April 29, 2004 (Royal Assent).
(b) the plan must comply with the regulations respecting surveys and plans issued by the Surveyor General for the purposes of this section;
Section 67 (d) to (r) BEFORE repealed by 2003-66-37, effective May 7, 2004 (BC Reg 207/2004).
(d) the exterior boundaries of the land intended to be dealt with by the plan must be shown on the plan as a solid black line between 1 and 1.5 millimetres in width;
(e) if a whole district lot, section or parcel is subdivided, the plan must show the boundaries of the district lot, section or parcel;
(f) if a portion of a district lot, section or parcel is subdivided, the plan must show the boundaries of that portion and
(i) the number of angular and linear measurements to indicate its inclusion within the boundaries of the district lot, section or parcel and its connection with one or more of those boundaries that may be necessary to determine its location, and
(ii) the number of similar measurements to indicate its connection with any other parcel forming a portion of the same district lot, section or parcel that may be necessary to determine the relative location of the several parcels and of the highways serving them;
(g) the plan must indicate the district lots, sections or parcels adjacent to the land dealt with;
(h) if the plan is of a resubdivision of a parcel shown on a previously deposited plan, or of a parcel described on the register by metes and bounds as a portion of a larger parcel, there must be shown in a distinct manner on the plan the numbers or distinguishing letter, if any, of the parcel subdivided, and the boundary lines of that parcel;
(i) there must be marked on the plan the dimensions and courses of the boundaries of each parcel into which the land is divided, or there must be shown on the plan a sufficient number of angular and linear measurements and bearings from which the dimensions can be deduced;
(j) if there are curved lines on a plan, the plan must indicate the radius, point of curvature and point of tangency of the curved lines;
(k) if the rights of all affected parties are not prejudiced, a terminal curve may be substituted for a transition curve referred to in section 116 (1) (e) and (g);
(l) all bearings must refer to the astronomical meridian, and the point of observation for the meridian must be indicated on the plan, and if an observation cannot be conveniently obtained, information as to the derivation of the meridian used must be given on the plan;
(m) each angle of each parcel must be defined on the ground by a post or monument of a durable character, and the manner in which each angle is defined on the ground and the exact position of all posts and monuments placed in or on the ground must be shown on the plan, and if any offset is made it must be shown on the plan;
(n) unless the registrar is satisfied that convenience of reference will be served by adopting a particular method of marking, each parcel into which the land is divided must be marked with a distinct number or letter on the plan, and must continue an existing series or begin with "1" or "A" and must number or letter consecutively or alphabetically but in any case the parcels must not be designated as sections or ranges;
(o) every highway, park or public square appropriated or set apart for public use must be shown as such, and distinctly delineated with its measurements marked on the plan;
(p) if a watercourse is included in the land shown on the plan outlined under paragraph (d) and the watercourse
(i) is owned by the Crown or, by dedication or the operation of section 108 (2), is returned to the Crown on the subdivision of land,
(ii) lies within the boundaries of a parcel of one hectare or more in area being created by the plan, and
(iii) is less than 1/10 of the area of the parcel it passes through,
the natural boundaries of the watercourse may be indicated on the plan, without dimensions, by photogrammetric means, compass and stadia, or other similar method approved by the Surveyor General;
(q) the plan must be prepared on tracing linen or on any other material approved by the Surveyor General and must not exceed 0.75 m in width without the prior consent of the Surveyor General;
(r) all lettering, drawing or figures on the plan must be made in black India ink or printed in black printer's ink;
Section 67 (t) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(t) the correctness of the survey and plan must be verified by the surveyor by his or her statement in the prescribed form.
Section 67 (s) BEFORE repealed by 2023-10-451(a), effective March 30, 2023 (Royal Assent).
(s) unless otherwise provided by regulation, the plan must be accompanied by a machine made transparent copy of a type approved by the Surveyor General, together with the number of white prints that may be necessary for the purpose of taxing authorities, the Surveyor General, the Ministry of Transportation and the regional board of the regional district in which the land is located;
Section 67 (t) BEFORE amended by 2023-10-451(b), effective March 30, 2023 (Royal Assent).
(t) the correctness of the survey and plan must be verified by the surveyor by his or her statement in the form approved by the director.
Section 68 (5) BEFORE amended by 2004-21-57, effective April 29, 2004 (Royal Assent).
(5) A posting plan must comply with regulations issued by the Surveyor General for the purposes of this section.
Section 68 (1) (e) BEFORE amended by 2006-24-25, effective July 21, 2006 (BC Reg 229/2006).
(e) shown on a posting plan prepared on tracing linen or on film with a matte finish.
Section 69 (11) BEFORE amended by 2004-66-80, effective January 20, 2005 (BC Reg 16/2005).
(11) An application to the Surveyor General under subsection (3) must be accompanied by the prescribed fee.
Section 69 (1) BEFORE amended by 2018-37-14, effective October 31, 2018 (Royal Assent).
(1) Before a survey is made, the Surveyor General, subject to conditions the Surveyor General considers necessary, may
(a) in the case of a survey for the purpose of a subdivision, or
(b) in the case of a survey for the purpose of establishing a highway or forest service road,
allow the survey to be posted by setting, at proper intervals, monuments of a specified permanent character.
Section 70 (2) BEFORE amended by 2004-21-58, effective April 29, 2004 (Royal Assent).
(2) If the unsurveyed area referred to in subsection (1) and shown on the explanatory plan is not completely surrounded by surveyed parcels, the boundaries of the area adjoining the unsurveyed land must be run or traversed in accordance with the provisions of this Act and the regulations of the Surveyor General, and the explanatory plan is the plan of survey of the area.
Section 70 (4) BEFORE amended by 2004-66-80, effective January 20, 2005 (BC Reg 16/2005).
(4) An application to the Surveyor General under subsection (3) must be accompanied by the prescribed fee.
Section 71 (1) BEFORE amended by 2005-01-20, effective January 20, 2005 (BC Reg 16/2005).
(1) If the registrar considers it necessary or convenient for registration or administrative purposes, the registrar may allow or require composite plans to be prepared from the deposited plans or other records in the registrar's office.
Section 73 (1) (b) BEFORE amended by BC Reg 334/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 334/2006).
(b) leasing it, or agreeing to lease it for a life, or for a term exceeding 3 years.
Section 75 (1) (b) BEFORE amended by 2003-66-38, effective October 23, 2003 (Royal Assent).
(b) all existing highways provided for in subdivision plans of adjoining land and all existing highways otherwise legally established must be continued without unnecessary jogs;
Section 76 (3) and (5) BEFORE amended by 2003-66-39, effective October 23, 2003 (Royal Assent).
(3) On receiving an application made in accordance with subsection (4), the Minister of Transportation and Highways may grant relief from strict compliance with a requirement under section 75 (1) (c) or (d).
(5) Relief granted under subsection (3) may be evidenced by a certificate endorsed on the plan and signed by the Minister of Transportation and Highways or by a designated highways official.
Section 76 (3) and (5) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
(3) On receiving an application made in accordance with subsection (4), the minister charged with the administration of the Highway Act may grant relief from strict compliance with a requirement under section 75 (1) (c) or (d).
(5) Relief granted under subsection (3) may be evidenced by a certificate endorsed on the plan and signed by the minister charged with the administration of the Highway Act or by a designated highways official.
Section 76 (4) BEFORE amended by 2007-36-108, effective April 3, 2009 (BC Reg 55/2009).
(4) An application under subsection (3) must be supported by an affidavit and, if the approving officer is a municipal, regional district or islands trust approving officer appointed under section 77 or 77.1 or is the Nisg̱a'a approving officer appointed under section 77.3, by the written recommendation of the approving officer.
Section 77.1 (2) BEFORE amended by 2003-66-39, effective October 23, 2003 (Royal Assent).
(2) An order under subsection (1) (a) or (b) must be requested by resolution of the regional district board or trust council, as applicable, and must be recommended by the Minister of Transportation and Highways.
Section 77.1 (2) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
(2) An order under subsection (1) (a) or (b) must be requested by resolution of the regional district board or trust council, as applicable, and must be recommended by the minister charged with the administration of the Highway Act.
Section 77.2 (1) (a) BEFORE amended by 2003-66-40, effective October 23, 2003 (Royal Assent).
(a) the Deputy Minister of Transportation and Highways, and
Section 77.2 (1) (a) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
(a) the deputy minister to the minister charged with the administration of the Highway Act, and
Section 77.3 (2) BEFORE amended by 2020-14-46, effective August 14, 2020 (Royal Assent).
(2) The approving officer appointed under subsection (1) must be
(a) an official or employee of the Nisg̱a'a Lisims Government, or
(b) a person who is under contract with the Nisg̱a'a Lisims Government.
Section 77.3 (3) BEFORE amended by 2023-10-452, effective March 30, 2023 (Royal Assent).
(3) The approving officer appointed under subsection (1) may exercise his or her powers in relation to all Nisg̱a'a Lands, including Nisg̱a'a Village Lands.
Section 80 (b) BEFORE amended by 2003-66-39, effective October 23, 2003 (Royal Assent).
(b) an approving officer appointed under section 77 or 77.1 must not approve the plan unless it has first been approved by the Minister of Transportation and Highways or a designated highways official.
Section 80 (a) and (b) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
(a) the approving officer must not approve the plan if it does not conform to any applicable regulations under the Highway Act, and
(b) an approving officer appointed under section 77 or 77.1 must not approve the plan unless it has first been approved by the minister charged with the administration of the Highway Act or a designated highways official.
Section 80 BEFORE amended by 2004-44-123, effective December 31, 2004 (BC Reg 547/2004).
80 If a plan of subdivision affects land adjacent to a controlled access highway, as defined in Part 6 of the Highway Act,
Section 80 (b) BEFORE amended by 2007-36-110, effective April 3, 2009 (BC Reg 55/2009).
(b) an approving officer appointed under section 77 or 77.1 must not approve the plan unless it has first been approved by the minister charged with the administration of the Transportation Act or a designated highways official.
Section 82 (1), (3), (5), (6) and (7) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(1) The Minister of Environment, Lands and Parks may designate flood plain areas.
(3) The Minister of Environment, Lands and Parks may, for the purpose of minimizing potential damage that could be caused by flooding, establish conditions respecting the approval of subdivisions in designated flood plain areas, including a condition that the owner of land being subdivided enter into one or more covenants under section 219 in respect of each of the parcels that are being created by the subdivision.
(5) If the approving officer considers that a proposed subdivision would not comply with an applicable condition established under subsection (3), the approving officer must not approve the plan of subdivision without the consent of the Minister of Environment, Lands and Parks.
(6) If the approving officer considers that land in a proposed plan of subdivision, that is not within a designated flood plain area, is or would likely be subject to flooding, the approving officer must not approve the plan without the consent of the Minister of Environment, Lands and Parks.
(7) The Minister of Environment, Lands and Parks may, as a condition of the minister's consent under subsection (5) or (6), require that the owner of the land being subdivided enter into one or more covenants under section 219 in respect of each of the parcels that are being created by the subdivision.
Section 82 BEFORE repealed by 2003-72-16, effective January 1, 2004.
Subdivided land subject to flooding
82 (1) The minister may designate flood plain areas.
(2) A designation under subsection (1) may be by map, plan, legal description or a combination of any of them.
(3) The minister may, for the purpose of minimizing potential damage that could be caused by flooding, establish conditions respecting the approval of subdivisions in designated flood plain areas, including a condition that the owner of land being subdivided enter into one or more covenants under section 219 in respect of each of the parcels that are being created by the subdivision.
(4) Conditions established under subsection (3) may be different for different designated flood plain areas or for different parts of a designated flood plain area.
(5) If the approving officer considers that a proposed subdivision would not comply with an applicable condition established under subsection (3), the approving officer must not approve the plan of subdivision without the consent of the minister.
(6) If the approving officer considers that land in a proposed plan of subdivision, that is not within a designated flood plain area, is or would likely be subject to flooding, the approving officer must not approve the plan without the consent of the minister.
(7) The minister may, as a condition of the minister's consent under subsection (5) or (6), require that the owner of the land being subdivided enter into one or more covenants under section 219 in respect of each of the parcels that are being created by the subdivision.
(8) If Crown land is disposed of, the covenants under section 219 referred to in subsections (3) and (7) of this section may be included in the Crown grant or other disposition, and the grantee or other person entitled under it and his or her successors in title are bound by the covenants, even though he or she has not signed the grant or other disposition.
Section 83 (1) (d) BEFORE amended by 2003-66-34, effective October 23, 2003 (Royal Assent).
(d) in other cases, to the district highways manager of the Ministry of Transportation and Highways.
Section 83 (2) (b) (ii) BEFORE amended by 2003-52-149, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(ii) if local improvement taxes, rates or assessments are payable by instalments, that all instalments owing at the date of the certificate have been paid;
Section 83 (2) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(a) the applicable fees established under section 931 (1) (f) of the Local Government Act or under section 292 (1) (h) of the Vancouver Charter or prescribed under subsection (3) of this section;
Section 83.1 (3) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(a) requirements that the approving officer may require under this or another Act including, without limiting this, under section 83 (2) (d) of this Act or section 945 of the Local Government Act, and
Section 84 (1) (a) (part) and (b) BEFORE amended by 2023-10-453, effective March 30, 2023 (Royal Assent).
(a) satisfy himself or herself that
(b) write on the plan "inspected under the Land Title Act", with the date of the inspection and his or her signature.
Section 85 (1) BEFORE amended by 2019-19-41, effective February 1, 2021 (BC Reg 161/2020).
(1) A subdivision plan must be approved or rejected by the approving officer within 2 months after the date it is tendered for examination and approval or within another period that may be set by the Lieutenant Governor in Council.
Section 85.1 BEFORE re-enacted by 2002-34-10, effective May 9, 2002 (Royal Assent).
Application of Waste Management Act
85.1 Despite section 85, an approving officer must not approve an application for subdivision if the approving officer
(a) has not received a site profile under section 26.1 of the Waste Management Act,
(b) has received a site profile but has not sent it to the manager under section 26.1 (5) (b) of the Waste Management Act,
(c) has sent a site profile to the manager under section 26.1 (5) (b) of the Waste Management Act but the approving officer has not received notice that a site investigation under section 26.2 of that Act will not be required, or
(d) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 27.6 of the Waste Management Act from the person making an application for subdivision.
Section 85.1 BEFORE re-enacted by 2003-53-156, effective July 8, 2004 (BC Reg 317/2004).
Waste Management Act requirements must be met
85.1 (1) This section applies to an application for subdivision.
(2) Despite section 85, an approving officer must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 26.1 of the Waste Management Act unless at least one of the following is satisfied:
(a) the approving officer has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the approving officer is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;
(b) the approving officer has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;
(c) the approving officer has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;
(d) the approving officer has received notice from a manager under the Waste Management Act that the approving officer may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;
(e) the approving officer has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;
(f) the approving officer has received notice from a manager under the Waste Management Act that the manager has entered into a voluntary remediation agreement with respect to the site;
(g) the approving officer has received a valid and subsisting approval in principle, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.
Section 85.1 BEFORE re-enacted by 2019-19-42, effective February 1, 2021 (BC Reg 161/2020).
Environmental Management Act requirements must be met
85.1 (1) This section applies to an application for subdivision.
(2) Despite section 85, an approving officer must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
(a) the approving officer has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the approving officer is not required to forward a copy of the site profile to the director under section 40 (4) (b) of that Act;
(b) the approving officer has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
(c) the approving officer has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
(d) the approving officer has received notice from the director under the Environmental Management Act that the approving officer may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the approving officer has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the approving officer has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the approving officer has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.
Section 86 (1) (c) (xi) BEFORE amended by 2018-56-46, effective February 22, 2019 (BC Reg 30/2019).
(xi) despite subparagraph (ix), the extent or location of highways and highway allowances shown on the plan is such that it would unreasonably or unnecessarily increase access to land in an agricultural land reserve, and
Section 89 (3) and (8) BEFORE amended by 2023-10-455, effective March 30, 2023 (Royal Assent).
(3) The application must be supported by an affidavit of the subdivider or the subdivider's solicitor or agent, stating fully and fairly all the material facts of the case, and that to the best of his or her information, knowledge and belief all facts material to the application for approval have been fully and fairly disclosed.
(8) If the approving officer is directed by the order to approve the plan, the approving officer must note on it "Approved under the Land Title Act pursuant to the order of .............., made ................", with the date of approval, and must append below his or her signature his or her title in the manner provided in section 88.
Section 92 (1) (a) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(a) in the prescribed form,
Section 93 (2) BEFORE amended by 2023-10-456, effective March 30, 2023 (Royal Assent).
(2) The registrar may, in his or her discretion, refuse to deposit a plan covering land held under more than one title if the registrar considers that confusion as to title of parcels may result.
Section 94 (1), (2) and (3) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
94 (1) Despite the Land Act, if a plan to be tendered for deposit in the land title office
(a) includes land that adjoins Crown land and that has lawfully accreted to the land being subdivided, or
(b) shows a water boundary that differs from the water boundary shown on the plan already on deposit on which the present title is based,
the Minister of Environment, Lands and Parks may, if in the minister's opinion it is in the public interest to do so, endorse on the plan a certificate
(c) that the land in question is lawfully accreted land, or
(d) that the water boundary is the natural boundary as defined in the Land Act.
(2) The Minister of Environment, Lands and Parks must not certify a plan under subsection (1) unless the minister is satisfied that
(a) the land in question has lawfully accreted to the registered land of the subdivider, or
(b) the water boundary shown on the plan is in fact the correct water boundary, and the water boundary as shown on the plan already on deposit on which the present title is based was incorrectly shown on that plan due to lack of detail or sufficient detail, or other good reason.
(3) An application to the Minister of Environment, Lands and Parks for endorsement under subsection (1) must be accompanied by the prescribed fee.
Section 94 (3) BEFORE amended by 2004-66-80, effective January 20, 2005 (BC Reg 16/2005).
(3) An application to the minister for endorsement under subsection (1) must be accompanied by the prescribed fee.
Section 94 BEFORE amended by 2004-66-81, effective January 20, 2005 (BC Reg 16/2005).
94 (1) Despite the Land Act, if a plan to be tendered for deposit in the land title office
(a) includes land that adjoins Crown land and that has lawfully accreted to the land being subdivided, or
(b) shows a water boundary that differs from the water boundary shown on the plan already on deposit on which the present title is based,
the minister may, if in the minister's opinion it is in the public interest to do so, endorse on the plan a certificate
(c) that the land in question is lawfully accreted land, or
(d) that the water boundary is the natural boundary as defined in the Land Act.
(2) The minister must not certify a plan under subsection (1) unless the minister is satisfied that
(a) the land in question has lawfully accreted to the registered land of the subdivider, or
(b) the water boundary shown on the plan is in fact the correct water boundary, and the water boundary as shown on the plan already on deposit on which the present title is based was incorrectly shown on that plan due to lack of detail or sufficient detail, or other good reason.
(3) An application to the minister for endorsement under subsection (1) must be accompanied by the fees payable under this Act.
Section 95 (1) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Minister of Environment, Lands and Parks certifying that all or part of land intended to be dealt with by the plan is lawfully accreted land adjoining Crown land, the certificate is deemed to be proof satisfactory to the registrar that
Section 95 (1) BEFORE amended by 2004-66-82, effective January 20, 2005 (BC Reg 16/2005).
(1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the minister certifying that all or part of land intended to be dealt with by the plan is lawfully accreted land adjoining Crown land, the certificate is deemed to be proof satisfactory to the registrar that
Section 96 (1) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Minister of Environment, Lands and Parks certifying that the water boundary shown on the plan is the natural boundary, as defined in the Land Act, of the land shown outlined in red on the plan, then, on the deposit of the plan, and even though the water boundary does not agree with the natural boundary shown on a plan already on deposit in the land title office due to a lack of sufficient detail on the deposited plan or other good reason, the certificate is deemed to be proof satisfactory to the registrar that
Section 96 (1) BEFORE amended by 2004-66-82, effective January 20, 2005 (BC Reg 16/2005).
(1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the minister certifying that the water boundary shown on the plan is the natural boundary, as defined in the Land Act, of the land shown outlined in red on the plan, then, on the deposit of the plan, and even though the water boundary does not agree with the natural boundary shown on a plan already on deposit in the land title office due to a lack of sufficient detail on the deposited plan or other good reason, the certificate is deemed to be proof satisfactory to the registrar that
Section 96 (1) BEFORE amended by 2006-24-27, effective July 21, 2006 (BC Reg 229/2006).
(1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Surveyor General certifying that the water boundary shown on the plan is the natural boundary, as defined in the Land Act, of the land shown outlined in red on the plan, then, on the deposit of the plan, and even though the water boundary does not agree with the natural boundary shown on a plan already on deposit in the land title office due to a lack of sufficient detail on the deposited plan or other good reason, the certificate is deemed to be proof satisfactory to the registrar that
Section 99 (1) (h) BEFORE amended by 2004-12-11(a), effective March 31, 2004 (Royal Assent).
(h) if a parcel is being transferred, leased or donated for public purposes to
(i) the Crown, including a Crown agency,
(ii) a municipality, regional district or improvement district, or
(iii) a public body exercising public functions over the area in which the land is located;
Section 99 (2) BEFORE amended by 2004-12-11(b), effective March 31, 2004 (Royal Assent).
(2) The registrar, before exercising his or her discretion in respect of the matters covered by subsection (1) (c), (d), (f), (i) or (k), must require the applicant to provide satisfactory evidence that the approving officer has granted approval of the subdivision but in the case of a transfer under subsection (1) (f), approval is required only if the land is in a rural area.
Section 99 (1) (j) BEFORE amended by 2008-36-145, effective October 4, 2010 (BC Reg 274/2010).
(j) if a new parcel is being created for a lease for well site or access roadway or both well site and access roadway purposes under the Petroleum and Natural Gas Act;
Section 99 (2) BEFORE amended by 2023-10-456, effective March 30, 2023 (Royal Assent).
(2) The registrar, before exercising his or her discretion in respect of the matters covered by subsection (1) (c), (d), (f), (h) (iv), (i) or (k), must require the applicant to provide satisfactory evidence that the approving officer has granted approval of the subdivision but in the case of a transfer under subsection (1) (f), approval is required only if the land is in a rural area.
Section 99 (1) (j) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(j) if a new parcel is being created for a lease for well site or access roadway or both well site and access roadway purposes under the Oil and Gas Activities Act;
Section 100 (4) (a) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(a) a written application in the prescribed form signed by the owner in fee simple or that owner's agent and consented to by each holder of a registered charge, and
Section 100 (4) (a) BEFORE amended by 2006-24-28(a), effective July 21, 2006 (BC Reg 229/2006).
(a) a written application in the form approved by the director signed by the owner in fee simple or that owner's agent and consented to by each holder of a registered charge, and
Section 100 (5) BEFORE amended by 2006-24-28(b), effective July 21, 2006 (BC Reg 229/2006).
(5) If there is a consolidation of surveyed parcels, a consent referred to in subsection (4) (a) written on the application and given by the holder of a mortgage granted by the owner of the fee simple operates, on the deposit of the plan, to extend the mortgage registered against the title to the surveyed parcel so as to coincide with the boundaries of the new parcel as shown on the reference or explanatory plan.
Section 108 (3) BEFORE amended by 2003-66-42, effective October 23, 2003 (Royal Assent).
(3) Subsection (2) does not apply to land that is included in a subdivision or reference plan that has been exempted from the application of that subsection by order of the Lieutenant Governor in Council, subject to any terms or conditions contained in the exemption order.
Section 108 (5) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(5) An application to the Minister of Environment, Lands and Parks for an exemption under subsection (3) must be accompanied by the prescribed fee.
Section 108 (3) BEFORE amended by 2014-7-7(a), effective April 9, 2014 (Royal Assent).
(3) Subsection (2) does not apply to land that is included in a subdivision or reference plan that has been exempted from the application of that subsection by order of the minister, subject to any terms or conditions contained in the exemption order.
Section 108 (5.1), (5.2, (5.3) and (5.4) were added by 2014-7-7(b), effective April 9, 2014 (Royal Assent).
Section 110 BEFORE repealed by 2018-37-15, effective October 31, 2018 (Royal Assent).
Amendment of deposited plan in certain cases
(a) a portion of a parcel shown on a plan of subdivision has been acquired by the government or by a municipality for, or has been dedicated as, a highway, park or public square,
(b) a portion of a highway, park or public square adjoining a parcel has been acquired by the owner of the parcel, or
(c) a portion of a parcel has been added to an existing adjoining parcel under section 99 (1) (d),
the registrar may
(d) amend in ink other than black the plan on which the parcel is shown so as to show the new boundaries of the respective parcels,
(e) make on the plan a marginal reference to the register if the portion so acquired or added is registered or to the plan or instrument by which the dedication of the portion is effected, and
(f) register new indefeasible titles if the circumstances require.
(2) If the plan of subdivision has been microfilmed, the registrar, instead of making the amendments referred to in subsection (1),
(a) may require the applicant to deposit a reference plan or an explanatory plan showing the new boundaries of the respective parcels, and
(b) must incorporate, with the description shown on the new indefeasible title, a reference to the plan deposited under paragraph (a).
Section 111 (2) (part) BEFORE amended by 2023-10-457, effective March 30, 2023 (Royal Assent).
(2) If a person sells or transfers or agrees to sell or transfer a parcel purporting to be described according to a plan of subdivision before the plan has been deposited under this Act, a purchaser or transferee, or a person claiming under either, who has purchased or accepted delivery of a transfer without knowledge of the nondeposit of the plan, or of the necessity for its deposit, may at his or her option, on acquiring knowledge of it, rescind the contract of purchase and recover
Section 112 (1) BEFORE amended by 2023-10-458, effective March 30, 2023 (Royal Assent).
(1) A person who has subdivided land and unreasonably neglects or refuses, after service on him or her of a written demand by a purchaser or other person who has acquired an interest in the land, to deposit the plan of subdivision under this Act within 2 months after service of the demand, must pay to the purchaser or other person a penalty of $500 for each month the neglect or refusal continues.
Section 113 (3) (b) BEFORE amended by 2004-21-59, effective April 29, 2004 (Royal Assent).
(b) comply with section 116 and the Surveyor General's regulations.
Section 114 (1) (d) BEFORE amended by 2004-21-60, effective April 29, 2004 (Royal Assent).
(d) the plan complies with this Part and the applicable regulations of the Surveyor General.
Section 115 (1), (2) and (6) BEFORE amended by 2003-66-39, effective October 23, 2003 (Royal Assent).
(1) The Minister of Transportation and Highways may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.
(2) Concurrently with or following the deposit of the statutory right of way plan, the Minister of Transportation and Highways may file with the registrar a certificate in the prescribed form certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the government under section 3 of the Highway Act or in the BC Transportation Financing Authority under section 3.1 of that Act, as the case may be.
(6) This section applies to plans prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and deposited by the Minister of Transportation and Highways under this or the former Act but subsections (3) and (4) apply only in so far as the state of business in the registrar's office makes it possible for the registrar to comply with those subsections.
Section 115 (1), (2) and (6) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004)
(1) The minister charged with the administration of the Highway Act may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.
(2) Concurrently with or following the deposit of the statutory right of way plan, the minister charged with the administration of the Highway Act may file with the registrar a certificate in the prescribed form certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the government under section 3 of the Highway Act or in the BC Transportation Financing Authority under section 3.1 of that Act, as the case may be.
(6) This section applies to plans prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and deposited by the minister charged with the administration of the Highway Act under this or the former Act but subsections (3) and (4) apply only in so far as the state of business in the registrar's office makes it possible for the registrar to comply with those subsections.
Section 115 (6) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(6) This section applies to plans prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and deposited by the minister charged with the administration of the Transportation Act under this or the former Act but subsections (3) and (4) apply only in so far as the state of business in the registrar's office makes it possible for the registrar to comply with those subsections.
Section 115 (2) and (4) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(2) Concurrently with or following the deposit of the statutory right of way plan, the minister charged with the administration of the Transportation Act may file with the registrar a certificate in the prescribed form certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the government under section 3 of the Transportation Act or in the BC Transportation Financing Authority under section 3.1 of that Act, as the case may be.
(4) After complying with subsection (3), the registrar must send a notice in the prescribed form to the registered owner.
Section 115 (2) BEFORE amended by 2005-2-9, effective February 22, 2005 (Royal Assent).
(2) Concurrently with or following the deposit of the statutory right of way plan, the minister charged with the administration of the Transportation Act may file with the registrar a certificate in the form approved by the director certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the government under section 3 of the Transportation Act or in the BC Transportation Financing Authority under section 3.1 of that Act, as the case may be.
Section 115 (6) BEFORE amended by 2017-10-60,Sch 1, effective November 2, 2017 (Royal Assent).
(6) This section applies to plans prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and deposited by the minister charged with the administration of the Transportation Act under this or the former Act but subsections (3) and (4) apply only in so far as the state of business in the land title office makes it possible for the registrar to comply with those subsections.
Section 115 (6) BEFORE amended by 2018-37-16, effective October 31, 2018 (Royal Assent).
(6) This section applies to plans prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and deposited by the minister charged with the administration of the Transportation Act under this or the former Act but subsections (3) and (4) apply only insofar as the state of business in the land title office makes it possible for the registrar to comply with those subsections.
Section 118 (1) and (7) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(1) If a statutory right of way plan tendered for deposit has endorsed on it a certificate of the Minister of Environment, Lands and Parks certifying that
(7) An application under this section for endorsement by the Minister of Environment, Lands and Parks must be accompanied by the prescribed fee.
Section 118 (7) BEFORE amended by 2004-66-80, effective January 20, 2005 (BC Reg 16/2005).
(7) An application under this section for endorsement by the minister must be accompanied by the prescribed fee.
Section 118 (1) and (7) BEFORE amended by 2004-66-82, effective January 20, 2005 (BC Reg 16/2005).
(1) If a statutory right of way plan tendered for deposit has endorsed on it a certificate of the minister certifying that
(7) An application under this section for endorsement by the minister must be accompanied by the fees payable under this Act.
Section 120 BEFORE amended by 2003-52-150, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
Municipal bylaw closing highway or public square to be filed
120 (1) A bylaw passed by the council of a municipality for closing a highway or public square must be filed in the land title office.
(2) In the case of a closing of a highway or public square, the registrar may accept a reference plan, or an explanatory plan, or a description by apt descriptive words.
Section 121 (1) BEFORE amended by 2004-44-124, effective December 31, 2004 (BC Reg 547/2004).
"arterial highway" means a public area classified as an arterial highway under the Highway Act;
Section 121 (1) definition "arterial highway" BEFORE amended by 2010-21-226, effective July 30, 2010 (BC Reg 245/2010).
"arterial highway" means a public area designated as an arterial highway under the Transportation Act;
Section 124 (2) and (3) BEFORE amended by 2003-66-34, effective October 23, 2003 (Royal Assent).
(2) If any part of a public area affected by the petition is a highway in a rural area or an arterial highway in a municipality, before the date set for the hearing of the petition, the petitioner must file with the registrar a report of the district highways manager of the Ministry of Transportation and Highways.
(3) A request for a report required under this section must be made in writing to
(a) the approving officer, in the case of a report under subsection (1), or
(b) the district highways manager of the Ministry of Transportation and Highways, in the case of a report under subsection (2),
and must be accompanied by a copy of the petition and a print of the plan annexed as a schedule to the petition.
Section 125 (2) (c) and (d) BEFORE amended by 2003-66-44, effective October 23, 2003 (Royal Assent).
(c) if the land affected by the petition is not in a municipality, the Deputy Minister of Transportation and Highways and the regional district where the land is located;
(d) if the land affected by the petition is a part of an arterial highway, the Deputy Minister of Transportation and Highways;
Section 125 (2) (e) BEFORE repealed by 2003-66-44, effective October 23, 2003 (Royal Assent).
(e) the Deputy Minister of Environment, Lands and Parks;
Section 125 (2) (c) and (d) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
(c) if the land affected by the petition is not in a municipality, the deputy minister to the minister charged with the administration of the Highway Act and the regional district where the land is located;
(d) if the land affected by the petition is a part of an arterial highway, the deputy minister to the minister charged with the administration of the Highway Act;
Section 129 (part) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
129 In the same manner as a judge of the Supreme Court under the Rules of Court, the registrar may
Section 130 (part) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
130 In the same manner as a judge of the Supreme Court under the Rules of Court, the registrar, on hearing the petition, must
Section 130 (c) BEFORE amended by 2023-10-459, effective March 30, 2023 (Royal Assent).
(c) permit any party to call, examine and cross examine witnesses and, without limitation, to examine or cross examine an approving officer on matters relating to the contents or sufficiency of his or her report.
Section 133 BEFORE amended by 2003-66-39, effective October 23, 2003 (Royal Assent).
133 (1) Except in the circumstances set out in section 135, the Minister of Transportation and Highways may oppose the cancellation or alteration under this Part of the boundaries of all or part of a public area that is an arterial highway, wherever located, or of a public area that is not in a municipality, if he or she considers that the public area is required for the purpose for which it is dedicated.
(2) If the Minister of Transportation and Highways opposes the cancellation or alteration, he or she must file with the registrar before the hearing date a certificate containing
(a) the name of the petitioner, the filing number of the petition and a description of the land referred to in the certificate, and
(b) a description, along with a print of the plan, that shows to the satisfaction of the registrar the public areas or parts of them to which the certificate pertains.
(3) After a certificate is filed with the registrar under subsection (2), the registrar must not, without the written consent of the Minister of Transportation and Highways, make an order under this Part that cancels or alters the boundaries of a public area to which the certificate pertains.
(4) The Minister of Transportation and Highways must, in the manner required by section 315 (1), serve a copy of a certificate filed under this section on the petitioner, the parties and any other persons that the registrar considers might be affected by the certificate.
Section 133 BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
133 (1) Except in the circumstances set out in section 135, the minister charged with the administration of the Highway Act may oppose the cancellation or alteration under this Part of the boundaries of all or part of a public area that is an arterial highway, wherever located, or of a public area that is not in a municipality, if he or she considers that the public area is required for the purpose for which it is dedicated.
(2) If the minister charged with the administration of the Highway Act opposes the cancellation or alteration, he or she must file with the registrar before the hearing date a certificate containing
(a) the name of the petitioner, the filing number of the petition and a description of the land referred to in the certificate, and
(b) a description, along with a print of the plan, that shows to the satisfaction of the registrar the public areas or parts of them to which the certificate pertains.
(3) After a certificate is filed with the registrar under subsection (2), the registrar must not, without the written consent of the minister charged with the administration of the Highway Act, make an order under this Part that cancels or alters the boundaries of a public area to which the certificate pertains.
(4) The minister charged with the administration of the Highway Act must, in the manner required by section 315 (1), serve a copy of a certificate filed under this section on the petitioner, the parties and any other persons that the registrar considers might be affected by the certificate.
Section 133 (1) and (2) (part) BEFORE amended by 2023-10-460, effective March 30, 2023 (Royal Assent).
(1) Except in the circumstances set out in section 135, the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration under this Part of the boundaries of all or part of a public area that is an arterial highway, wherever located, or of a public area that is not in a municipality, if he or she considers that the public area is required for the purpose for which it is dedicated.
(2) If the minister charged with the administration of the Transportation Act opposes the cancellation or alteration, he or she must file with the registrar before the hearing date a certificate containing
Section 136 (1) and (3) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(1) The Minister of Environment, Lands and Parks may order the cancellation of a plan or a portion of a plan comprising land owned by the government, and by that order or a subsequent order may make provisions he or she considers proper for the protection of the rights of a purchaser of a parcel shown on the plan.
(3) If, under the Land Act, Crown land, comprising all the land included in a plan, has been removed from the operation of this Act, the Minister of Environment, Lands and Parks may order the cancellation of the plan and the registrar must amend the records accordingly.
Section 136 (1) BEFORE amended by 2003-52-151, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(1) The minister may order the cancellation of a plan or a portion of a plan comprising land owned by the government, and by that order or a subsequent order may make provisions he or she considers proper for the protection of the rights of a purchaser of a parcel shown on the plan.
Section 136 (1.1) was added by 2003-52-151, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
Section 136 (1) BEFORE amended by 2004-66-83, effective January 1, 2004 [retro from October 21, 2004 (Royal Assent)].
(1) Subject to subsection (1.1), the Minister of Environment, Lands and Parks may
Section 136 (1) (b) BEFORE amended by 2023-10-460, effective March 30, 2023 (Royal Assent).
(b) by that order or a subsequent order, make provisions he or she considers proper for the protection of the rights of a purchaser of a parcel shown on the plan.
Section 137 (1) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(1) On application in the prescribed form, accompanied by the plan, if any, that the registrar may require, the registrar may cancel the lines dividing 2 or more contiguous parcels shown on a plan, if
(a) the parcels are owned by one person, or by 2 or more persons as joint tenants or tenants in common, or by the Crown, and
(b) the parcels are free from all charges or encumbrances, or the holders of all existing charges and encumbrances consent in writing and the charges and encumbrances are extended by an appropriate instrument to cover and coincide with the boundaries of the parcel to be created as a result of the petition.
Section 138 definition of "geodetic elevation" BEFORE amended by 2004-21-61, effective April 29, 2004 (Royal Assent).
"geodetic elevation" means an elevation designated by a regulation of the Surveyor General based on the Canadian Geodetic Datum, authorized by O/C 630 of the Privy Council of Canada, dated March 11, 1935, and derived from a numbered precise bench mark established from it, and appearing in an official publication of the Geodetic Survey of Canada.
Section 142 (1) and (2) BEFORE amended by 2003-66-39, effective October 23, 2003 (Royal Assent).
(1) If the title to all or part of a highway is vested solely in the Crown in right of the Province or in the BC Transportation Financing Authority, the Minister of Transportation and Highways may apply to register the title to all or part of the highway in the Crown in right of the Province or in the BC Transportation and Financing Authority, as the case may be, and, on registration, the government may create air space parcels and deal with them in accordance with this Act but, if the right of possession to a highway is vested, by an enactment, in a municipality, the Minister of Transportation and Highways must obtain the municipality's consent before creating or dealing in air space parcels.
(2) Despite subsection (1), the Lieutenant Governor in Council, on the recommendation of the Minister of Transportation and Highways, may authorize a municipality that has a statutory right of possession to a highway to create air space parcels and to deal with them under this Act.
Section 142 (1) and (2) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
(1) If the title to all or part of a highway is vested solely in the Crown in right of the Province or in the BC Transportation Financing Authority, the minister charged with the administration of the Highway Act may apply to register the title to all or part of the highway in the Crown in right of the Province or in the BC Transportation and Financing Authority, as the case may be, and, on registration, the government may create air space parcels and deal with them in accordance with this Act but, if the right of possession to a highway is vested, by an enactment, in a municipality, the minister charged with the administration of the Highway Act must obtain the municipality's consent before creating or dealing in air space parcels.
(2) Despite subsection (1), the Lieutenant Governor in Council, on the recommendation of the minister charged with the administration of the Highway Act, may authorize a municipality that has a statutory right of possession to a highway to create air space parcels and to deal with them under this Act.
Section 144 (1) (f) (i) BEFORE amended by 2004-21-62(a), effective April 29, 2004 (Royal Assent).
(i) allots a parcel letter or number to each air space parcel by reference to the lettered or numbered corners of it as shown on the plan, or as otherwise designated by regulation of the Surveyor General, and
Section 144 (2) (c) BEFORE amended by 2004-21-62(b), effective April 29, 2004 (Royal Assent).
(c) comply with the regulations in regard to surveys and plans made by the Surveyor General for the purposes of this Part,
Section 144 (2) (a) BEFORE amended by 2004-66-85, effective January 20, 2005 (BC Reg 16/2005).
(a) be prepared by a British Columbia land surveyor and bear the prescribed statement,
Section 144 (2) (b) BEFORE repealed by 2023-10-461, effective March 30, 2023 (Royal Assent).
(b) be accompanied by whatever number of copies may be required by the registrar for taxing authorities,
Section 147 (3) (a) BEFORE amended by 2004-66-78, effective January 20, 2005 (BC Reg 16/2005).
(a) the instrument is in the prescribed form, and
Section 147 (2) (a) BEFORE amended by 2004-66-86, effective January 20, 2005 (BC Reg 16/2005).
(a) no form of application is prescribed, and
Section 148 (1) BEFORE amended by 2004-66-87, effective January 20, 2005 (BC Reg 16/2005).
(1) An application under this Act must be in writing and be in or include one of the prescribed forms or, if no appropriate form is prescribed, in a form satisfactory to the registrar.
Section 148 (2) (b) BEFORE amended by 2008-39-56, effective November 28, 2008 (BC Reg 354/2008).
(b) agent residing in British Columbia who has reached 19 years of age.
Section 148 (4) BEFORE amended by 2023-10-462, effective March 30, 2023 (Royal Assent).
(4) A statement in an application of a solicitor or agent that he or she is the solicitor or agent of the person on whose behalf an application is made is, in the absence of evidence to the contrary, proof that he or she is solicitor or agent of the person on whose behalf the application is made.
Section 149 (2) BEFORE amended by 2004-66-88, effective January 20, 2005 (BC Reg 16/2005).
(2) The applicant may from time to time, by a notice in the prescribed form or other writing, file with the registrar a change of address.
Section 153 (1) BEFORE amended by 1999-35-1(a), effective December 12, 2003 (BC Reg 471/2003).
(1) The registrar must write or stamp on each application received by the registrar
Section 153 (2) BEFORE amended by 1999-35-1(b), effective December 12, 2003 (BC Reg 471/2003).
(2) For the purposes of priority between purchasers, transferees, mortgagees and others, and for all purposes of this Act, the day and hour written or stamped under subsection (1) is deemed to be the time at which the application was made, and the writing or stamp must be received in all courts as conclusive proof of the time the application was received by the registrar.
Section 153 (1)and (2) BEFORE amended by 2004-12-12, effective March 31, 2004 (Royal Assent).
(1) The registrar must endorse on each application received by the registrar
(a) the day and hour of its receipt, and
(b) the serial number assigned to the instrument or other document.
(2) For the purposes of priority between purchasers, transferees, mortgagees and others, and for all purposes of this Act, the day and hour endorsed under subsection (1) is deemed to be the time at which the application was received by the registrar, and the endorsement must be received in all courts as conclusive proof of the time the application was received by the registrar.
Section 154 BEFORE amended by 2004-66-89, effective January 20, 2005 (BC Reg 16/2005).
154 A person claiming to be registered as owner in fee simple of land must apply to the registrar for registration in the prescribed form.
Section 155 (1) BEFORE amended by 2004-66-89, effective January 20, 2005 (BC Reg 16/2005).
(1) If the title to an estate in fee simple has been registered or registration has been applied for, a person not entitled to be registered in fee simple, claiming to be registered as owner of a charge on the land, whether the charge is in respect of a present and vested right or a future or contingent interest, must apply in the prescribed form to the registrar for registration of the charge, and if registration of the fee simple has been applied for by an application that is pending, the application for registration of a charge must await the result of the application for registration of the fee simple.
Section 155 (2) and (3) BEFORE amended by 2004-66-90, effective January 20, 2005 (BC Reg 16/2005).
(2) If, before June 1, 1921, an estate less than the fee simple has been granted by the Crown and a charge has been registered in respect of it, a person claiming under a subsequent dealing with the charge may apply for registration in the prescribed form, adapted to suit the circumstances.
(3) If a registered charge
(a) is transferred either absolutely or conditionally, or
(b) by agreement between the parties,
(i) is modified or extended, or
(ii) is postponed to another charge,
the transferee or a party to the agreement may apply for registration in the prescribed form, adapted to suit the circumstances.
Section 157 (1) and (2) BEFORE amended by 2004-66-91, effective January 20, 2005 (BC Reg 16/2005).
(1) If an application is made in the appropriate prescribed form, the form must appear on the first page at least 1 1/2 inches from the top of the instrument tendered for registration unless the registrar allows the form to appear elsewhere, and must be signed by the applicant or the applicant's solicitor or authorized agent.
(2) If no instrument is required to be produced in support of an application under section 154 or 155, the prescribed form may be included in a letter or other document satisfactory to the registrar.
Section 157 (3) BEFORE amended by 2018-37-17, effective November 15, 2019 (BC Reg 171/2019).
(3) The signature of a person to the form implies a statement by the signatory that he or she or, as the case may be, the person on whose behalf the application is made,
(a) is applying for registration under this Act,
(b) is entitled to be registered
(i) as the owner in fee simple of the land described, or
(ii) as the owner of the charge specified over the land described, and
Section 157 (4) and (6) BEFORE amended by 2023-10-463, effective March 30, 2023 (Royal Assent).
(4) A signatory to the form, unless he or she is the applicant, must state whether he or she is acting as solicitor or the authorized agent for the applicant, and if the signatory fails to so state, he or she is deemed to state that he or she is the duly authorized agent for the applicant.
(6) If a signatory to the form is an agent, his or her signature to the application is deemed to state that he or she is the duly authorized agent for the applicant and has reached 19 years of age.
Section 158 (4) BEFORE amended by 2004-66-92, effective January 20, 2005 (BC Reg 16/2005).
(4) The Lieutenant Governor in Council may make regulations amending the restrictions imposed by this section.
Section 160 BEFORE amended by 2004-66-93, effective January 20, 2005 (BC Reg 16/2005).
160 The registrar may, by summons in the prescribed form, require a person to produce an instrument in the person's possession or in the person's control in any capacity affecting land or a charge, or evidencing the title to it, and, if the instrument is required to complete registration, the registrar may require the person to deposit the instrument.
Section 163 (1) BEFORE amended by 2004-66-93, effective January 20, 2005 (BC Reg 16/2005).
(1) If an applicant is unable to comply with a requisition of the registrar that a particular instrument or document, including an absolute certificate of title, a duplicate indefeasible title or a certificate of charge, be produced or deposited, because it is in the possession of the registered owner or another person who refuses or neglects to produce the instrument, the registrar may,
(a) instead of proceeding under section 160, and
(b) on being satisfied that the applicant has otherwise established a good safe holding and marketable title to the land in question,
give notice in the prescribed form to the person who has possession of the instrument.
Section 164 (1) BEFORE amended by 2004-66-94, effective January 20, 2005 (BC Reg 16/2005).
(1) The period stipulated in the notice in the prescribed form or an extension of that period is in the discretion of the registrar.
Section 165 (4) (b) BEFORE amended by 2003-70-207, effective March 29, 2004 (BC Reg 64/2004).
(b) the charter, memorandum and articles or other constating documents of a corporation, or
Section 166 (1) BEFORE amended by 2004-66-95, effective January 20, 2005 (BC Reg 16/2005).
(1) Subject to the Document Disposal Act, all instruments and other documents deposited with the registrar must remain on deposit in the registrar's office.
Section 167 (2) BEFORE amended by 2023-10-464, effective March 30, 2023 (Royal Assent).
(2) If the person making the application is
(a) an agent who is not a solicitor, or notary public under the Notaries Act, or
(b) one of several owners acting on behalf of himself or herself and the other owners,
the registrar may refuse to allow the applicant to withdraw the application until the applicant produces the written consent, properly verified, of his or her principal or, as the case may be, the other owners.
Part 10.1, sections 168.1 to 168.91 were enacted by 1999-35-2, effective December 12, 2003 (BC Reg 471/2003).
[Note: sections 168.11, 168.21, 168.3 (2), 168.4 (1), 168.8 (b), 168.81 (1) (d) and 168.91 were amended by 2003-96-37 to 40, 42 to 44, effective December 12, 2003 (BC Reg 471/2003); also section 168.41 was re-enacted by 2003-96-41, effective December 12, 2003 (BC Reg 471/2003)].
Part 10.1 BEFORE re-enacted by 2018-37-18, effective November 15, 2019 (BC Reg 171/2019).
Definitions
168.1 In this Part:
"certificate" means a computer-based record created by a certification authority and issued to a subscriber for the purposes of permitting the subscriber to sign one or more of the following:
(c) electronic plan applications;
(e) electronic returns under the Property Transfer Tax Act;
means a certification authority recognized by the director under section 168.79;
"certification practice statement" means the statement approved by the director under section 168.79;
"deposit", in relation to the deposit of a plan or an electronic plan, includes file and register;
"electronic application" means an application in electronic format other than an electronic plan application;
"electronic instrument" means
(a) an instrument in electronic format, and
(b) the electronic form of any other document that is required or permitted to be filed, lodged, registered or deposited in the land title office under this or another enactment,
but does not include
(d) an electronic plan application,
(e) an electronic declaration referred to in Division 2.1, and
(f) a supporting document, as defined in section 168.741;
"electronic plan" means a plan in electronic format;
"electronic plan application" means an electronic application that relates to an electronic plan;
"electronic signature" means a signature in electronic format that is
(a) created by a subscriber using a private cryptographic key under the control of the subscriber that corresponds to a public cryptographic key contained in a certificate, and
(i) electronic applications and electronic instruments,
(i.1) electronic plan applications and electronic plans, and
(ii) electronic returns under the Property Transfer Tax Act;
"officer" has the same meaning as in Part 5;
"subscriber" means an individual who is authorized by a certificate to sign one or more of the following:
(c) electronic plan applications;
(e) electronic returns under the Property Transfer Tax Act;
"transferor" includes any person authorized under an enactment to execute an instrument or other document that is required or permitted to be filed, lodged, registered or deposited in the land title office.
Division 1.1 — Establishment of Electronic Forms and Electronic Filing
Powers respecting electronic forms and filing
(a) designate the electronic form of one or more applications, instruments, plans, plan applications, returns or other documents or things,
(b) direct that one or more or a class of applications, instruments, plans, plan applications, returns or other documents or things, for which an electronic form is designated under paragraph (a), only be submitted electronically to the land title office in accordance with this Part, and
(c) designate the land title districts to which a designation under paragraph (a) or a direction under paragraph (b) applies.
(2) The director may make a direction under subsection (1) (b) that applies only to a class of persons or in specified circumstances.
(3) A direction under subsection (1) (b) does not apply if a registrar decides that it is appropriate in the circumstances to accept an application, instrument, plan, plan application, return or other document or thing that is not submitted electronically.
(4) A person must comply with a direction of the director under subsection (1) (b) unless, under subsection (3), the direction does not apply to the person.
Division 2 — Electronic Applications and Instruments
Provisions inapplicable to electronic instruments and applications
168.12 (1) Sections 148 [form and manner of applying] and 157 [forms] do not apply in relation to electronic applications.
(2) Sections 35 [admissibility of instruments] and 166 (2) [return of instrument if application refused or withdrawn] do not apply in relation to electronic instruments.
(3) Section 38 (4) and (5) [admissibility of certified copy of original instrument or document] does not apply in relation to electronic applications or electronic instruments.
Effect of electronic applications and instruments
168.2 Except as provided in this Division, an electronic application or electronic instrument that meets the requirements of this Division and is received by the registrar under section 153 has the same effect for all purposes as an application or instrument in writing that meets the requirements of this Act and is received by the registrar under section 153.
Form and manner of completion
168.21 (1) Electronic applications and electronic instruments submitted under section 168.4 must be in the form designated by the director, contain the information required by the director and be completed in the manner established by the director.
(2) If another enactment prescribes the form and legal effect of a document referred to in the definition of "electronic instrument", that document in the electronic form designated under subsection (1) has the same legal effect as under the other enactment despite any differences between the electronic form and the form prescribed under the other enactment.
Signing requirements
168.3 (1) An electronic instrument must be signed in accordance with this section before it is submitted under section 168.4.
(1.1) This section does not apply in relation to an electronic declaration required under section 168.41 or 168.42 in relation to a document submitted under section 168.4.
(2) An electronic instrument is signed for the purposes of this section when a subscriber incorporates his or her electronic signature into the instrument in accordance with the requirements established by the director.
(3) A subscriber must not incorporate his or her electronic signature into an electronic instrument unless
(a) if Part 5 applies in relation to the electronic instrument, a true copy of the electronic instrument has been executed and witnessed in accordance with Part 5, and otherwise, a true copy of the electronic instrument has been executed in accordance with the enactment that applies in relation to the electronic instrument, and
(b) the true copy referred to in paragraph (a), or a copy of that true copy, is in the possession of the subscriber.
(3.1) Subsection (3) does not apply in relation to an electronic instrument if the enactment that applies in relation to the instrument does not require that it be
(a) executed in a particular manner, or
(3.2) Subsection (3) does not apply in relation to an electronic instrument that purports to release a charge in whole or in part if the subscriber incorporates his or her electronic signature into the instrument in accordance with the requirements established by the director.
(4) The incorporation of the electronic signature of a subscriber into an electronic instrument is a certification by the subscriber that the requirements established under subsection (2) are met and,
(a) if in accordance with subsection (3), that the requirements in subsection (3) (a) and (b) are met,
(b) if subsection (3.1) applies to the electronic instrument, that a true copy of the electronic instrument, or a copy of that true copy, is in the possession of the subscriber, or
(c) if subsection (3.2) applies to the electronic instrument, that the requirements established under that subsection are met.
(5) If Part 5 applies and the execution of a true copy of an electronic instrument is witnessed by an officer who is not the subscriber, the subscriber, in incorporating his or her electronic signature into that instrument, is entitled to rely on the applicable certification of the officer under Part 5 unless the subscriber knows that
(a) the person who signed the instrument as the transferor or officer is not the person named in the instrument as transferor or officer, or
(b) the person named in the instrument as the officer is not an officer.
(6) Despite any enactment or rule of law to the contrary, an electronic instrument that has been signed by a subscriber in accordance with this section is conclusively deemed to be in writing and signed by the transferor.
(7) An electronic instrument executed in accordance with subsection (3) is conclusively deemed to have been executed on the date recorded as the execution date on the electronic instrument, regardless of the date on which the electronic signature of the subscriber was incorporated into the instrument.
Delivery of electronic instruments
168.31 The delivery by the transferor to the transferee, or the solicitor or agent of the transferee, of the true copy of an electronic instrument that has been executed and witnessed in accordance with Part 5, or a copy of that true copy, satisfies the transferor's obligations under the Property Law Act or any other rule of law to deliver an instrument in registrable form.
Submitting electronic applications and instruments
168.4 (1) An electronic application or electronic instrument is submitted for the purposes of this section when the application or instrument is transmitted electronically to the land title office in the manner established by the director using the technology established by the director.
(2) Any of the following persons may submit an electronic application or electronic instrument under this section:
(b) the solicitor or agent of an applicant;
(c) any other person authorized by a person referred to in paragraph (b) to submit the application on his or her behalf.
(3) The submission of an electronic application under this section implies a statement by the person submitting it that he or she or, as the case may be, the person on whose behalf the application is made
(a) is applying for registration under this Act,
(b) is entitled to be registered as the owner in fee simple of the land described or as the owner of the charge specified over the land described, or is entitled to cancellation of the interest or charge specified over the land described, and
(c) claims registration accordingly.
(5) An electronic instrument submitted for registration under this section must be accompanied by an electronic application unless
(a) the application is part of the electronic instrument, or
(b) the instrument itself constitutes a sufficient form of application under section 147 (3).
Supporting documents
168.41 (1) In this section, "supporting document" means a document required by this Act or any other enactment to be filed, lodged, registered or deposited in the land title office in conjunction with an application for registration.
(2) If a supporting document is a requirement of an electronic application, the submitter must include with the electronic application an electronic declaration in the form established by the director.
(3) An electronic declaration must contain
(a) a description of each supporting document adequate to identify the document,
(b) a statement that the subscriber
(i) has possession of each supporting document referred to in paragraph (a), or
(ii) in relation to a class of supporting documents designated by the director, has possession of a true copy of the supporting document referred to in paragraph (a), and
(c) a summary, satisfactory to the registrar, of the material facts set out in each supporting document.
(4) The electronic signature of a subscriber must be incorporated into the electronic declaration in accordance with the requirements established by the director.
(5) The electronic signature referred to in subsection (4) is a certification by the subscriber that the summary of material facts set out in the declaration accurately reflects the material facts set out in each supporting document.
(6) The certification under subsection (5) satisfies any requirement under this Act or any other enactment to file, lodge, register or deposit the supporting document in the land title office.
Corrective declarations
168.42 (1) If a person referred to in section 168.4 (2) (a) or (b) discovers an error, omission or misdescription in an electronic application or electronic instrument he or she, or a person on his or her behalf, is submitting, or has submitted, under section 168.4, the person may submit or have submitted on his or her behalf an electronic declaration in the form approved by the director bringing the error, omission or misdescription to the registrar's attention.
(2) The electronic signature of a subscriber must be incorporated into an electronic declaration under subsection (1) in accordance with the requirements established by the director.
(3) The incorporation under subsection (2) of the electronic signature of the subscriber is a certification by the subscriber that
(a) based on the subscriber's personal knowledge, the electronic declaration sets out the material facts accurately, or
(b) based on the subscriber's reasonable belief, the electronic declaration sets out the material facts accurately.
Electronic instrument taking effect as a deed
168.5 If an electronic instrument submitted in accordance with this Division contains a statement that the transferor intends it to take effect as a deed, the electronic instrument takes effect as a deed.
Production of evidence
168.51 The registrar may, before the registration or cancellation of an estate, interest or claim evidenced by an electronic instrument, require that an applicant do one or more of the following:
(i) the executed true copy of the electronic instrument referred to in section 168.3 (3) (a),
(ii) a supporting document referred to in section 168.41 or a true copy of a supporting document, and
(iii) the executed true copy of the electronic instrument referred to in section 168.3 (3.1);
(b) produce evidence, satisfactory to the registrar, to verify that a transferor
(i) if Part 5 applies in relation to an instrument, executed a true copy of the electronic instrument in the presence of an officer and made the applicable acknowledgement under that Part, and
(ii) if Part 5 does not apply in relation to an instrument, executed a true copy of the electronic instrument in compliance with the applicable enactment;
(c) produce evidence, satisfactory to the registrar, to verify that the requirements established under section 168.3 (3.2) are met.
Evidentiary matters
168.6 (1) An electronic instrument that has been received by the registrar under section 153 is conclusively deemed to be the original of the instrument.
(3) A copy of an electronic application or electronic instrument that is
(a) obtained from the records of the land title office, and
(b) certified by the registrar to be a true copy of the original instrument or application
is conclusive evidence of the original and is admissible in a court to the same extent as the original.
(4) A certification of the registrar under subsection (3) is conclusive evidence that
(a) the technology and procedure used by the registrar to receive, store, retrieve and copy the electronic application or instrument is capable of recording and reproducing all significant details of the electronic application or instrument without any additions, deletions or changes, and
(b) the electronic application or instrument was received, stored, retrieved and copied by the registrar in the usual and ordinary course of business.
(5) If there is a difference between a copy of an electronic application or instrument certified under subsection (3) and a copy of the application or instrument obtained from a source other than the records of the land title office, the former prevails over the latter whether or not the latter contains an original signature of a transferor, transferee or other person.
Admissibility of true copy of electronic instrument
168.61 (1) [Repealed 2004-12-22.]
(2) Except to the extent necessary to prove the authenticity of a signature or other writing, mark or impression, a true copy of an electronic instrument that contains an original signature or other writing, mark or impression is not admissible in a court for any purpose.
Disposal of electronic applications and instruments
168.7 (1) [Repealed 2004-12-23.]
(2) If an electronic application relating to the registration of an electronic instrument is void as a result of the registrar's refusal to register or a withdrawal by the applicant, the registrar may delete that application and instrument from the records.
Division 2.1 — Electronic Plan Applications and Electronic Plans
Provisions applicable to electronic plan applications and electronic plans
168.712 (1) Provisions in this Act and any other enactment that apply in relation to plans apply to electronic plans except as provided in this Division.
(2) Sections 148 [form and manner of applying] and 157 [forms] do not apply in relation to electronic plan applications.
(3) Section 245 (e) [copies accompanying strata plan tendered for deposit] of the Strata Property Act and the following sections of this Act do not apply in relation to electronic plans:
(a) section 35 [admissibility of instruments];
(b) section 67 (s) [copies accompanying plan tendered for deposit];
(c) section 144 (2) (b) [copies accompanying air space plan tendered for deposit];
(d) section 147 (2) [dispensing with need for application] and (3) [instrument as sufficient form of application];
(e) section 166 (2) [return of instrument if application refused or withdrawn].
(4) Section 38 (4) and (5) [admissibility of certified copy of original instrument or document] does not apply in relation to electronic plan applications or electronic plans.
Effect of electronic plan applications and electronic plans
168.72 Except as provided in this Division, an electronic plan application or electronic plan that meets the requirements of this Division and is received by the registrar under section 153 has the same effect for all purposes as an application or plan in writing that meets the requirements of this Act or any other enactment and is received by the registrar under section 153.
Form and manner of completion
168.721 (1) Electronic plan applications and electronic plans submitted under section 168.74 must be in the form designated by the director, contain the information required by the director and be completed in the manner established by the director.
(2) If another enactment prescribes the form and legal effect of a document referred to in the definition of "electronic plan", that document in the electronic form designated under subsection (1) has the same legal effect as under the other enactment despite any differences between the electronic form and the form prescribed under the other enactment.
(3) Unless the director otherwise permits, all information in an electronic plan must be depicted in black on a white background.
Assignment of serial deposit numbers to electronic plans
168.722 (1) If the director requires an electronic plan to contain a serial deposit number, a British Columbia land surveyor must incorporate a serial deposit number into the electronic plan before signing the plan under section 168.73.
(2) The incorporation of a serial deposit number into an electronic plan under subsection (1) satisfies the requirement in any Act that a serial deposit number be assigned to a plan.
(3) For the purposes of this section, a registrar may allocate serial deposit numbers to a British Columbia land surveyor.
Signing requirements for electronic plans — British Columbia land surveyor
168.73 (1) In this section, "subscriber" means a British Columbia Land Surveyor who is authorized by a certificate to sign electronic plans.
(2) An electronic plan must be signed in accordance with this section before an electronic plan application in relation to the electronic plan is signed under section 168.731 and before the electronic plan application is submitted under section 168.74.
(3) An electronic plan is signed for the purposes of this section when a subscriber incorporates his or her electronic signature into the electronic plan in accordance with the requirements established by the director.
(4) The incorporation of the electronic signature of a subscriber into an electronic plan is a certification by the subscriber
(a) that the requirements established by the director are met, and
(b) that the information contained in each notation, endorsement, statement or certification made by the subscriber and set out in the electronic plan is correct.
(5) Despite any enactment or rule of law to the contrary, an electronic plan that has been signed by a subscriber in accordance with this section is conclusively deemed to be in writing and signed by the British Columbia land surveyor.
(6) An electronic plan signed in accordance with this section may only be submitted for deposit under section 168.74.
Signing requirements for electronic plan applications — persons other than subscribers
168.731 (1) An electronic plan application that is to accompany an electronic plan must be signed in accordance with this section before it is signed under section 168.732 if
(a) the electronic plan has been signed under section 168.73, and
(b) this Act or another enactment requires a person, other than the subscriber who signed the plan under section 168.73, to sign or endorse the plan.
(2) An electronic plan application is signed for the purposes of this section when the person signs a true copy of the electronic plan application in accordance with the requirements established by the director.
(3) A person who signs an electronic plan application in accordance with this section satisfies any requirement in this Act or another enactment that the person sign or endorse the plan that is to be accompanied by the application.
(4) If the electronic plan application relates to a plan for which this Act requires a signature on the plan to be witnessed,
(a) the signature of a person signing a true copy of the electronic plan application must be witnessed in accordance with the requirements in this Act that apply to the plan, and
(b) the information respecting the witness required by this Act to be stated on the plan must be stated on the true copy of the electronic plan application.
(5) A person who witnesses, in accordance with this section, the signing of an electronic plan application satisfies any requirement in this Act that the person witness the signing or endorsement of the plan that is to be accompanied by the application.
(6) A subscriber may transmit electronically an electronic plan application and electronic plan to a person who may sign a true copy of the electronic plan application under this section.
Signing requirements for electronic plan applications — subscribers
168.732 (1) An electronic plan application must be signed in accordance with this section before it is submitted under section 168.74.
(2) An electronic plan application is signed for the purposes of this section when a subscriber incorporates his or her electronic signature into the electronic plan application in accordance with the requirements established by the director.
(3) A subscriber must not incorporate his or her electronic signature into an electronic plan application unless
(a) a true copy of the electronic plan application
(i) has been signed by the persons specified on the application, and
(ii) if this Act requires the signature to be witnessed, the required information respecting the witness is stated on the application,
(b) any annotations, approvals, certificates, endorsements or statements required by this Act or any other enactment are set out on the electronic plan application above the signature of the required person, and
(c) the true copy referred to in paragraph (a), or a copy of that true copy, is in the possession of the subscriber.
(4) The incorporation of the electronic signature of a subscriber into an electronic plan application is a certification by the subscriber that the requirements in subsection (3) are met.
(5) Despite any enactment or rule of law to the contrary, an electronic plan application that has been signed by a subscriber in accordance with this section is conclusively deemed to be in writing and signed by the persons who signed a true copy of the electronic plan application.
Submitting electronic plan applications and electronic plans
168.74 (1) An electronic plan application or electronic plan is submitted when the application or plan is transmitted electronically to the land title office in the manner established by the director using the technology established by the director.
(2) An electronic plan submitted for deposit must be accompanied by an electronic plan application.
(3) Any of the following persons may submit an electronic plan application or electronic plan under this section:
(b) the solicitor or agent of an applicant;
(c) any other person authorized by a person referred to in paragraph (b) to submit the application on his or her behalf.
(4) The submission of an electronic plan application under this section implies a statement by the applicant submitting the electronic plan application that the applicant or, as the case may be, the person submitting the electronic plan application on behalf of the applicant
(a) is applying to deposit an electronic plan in the land title office, and
Supporting documents
168.741 (1) In this section, "supporting document" means a document required or permitted by this Act or any other enactment to be filed, registered or deposited in the land title office in conjunction with an application to deposit a plan, but does not include a document designated by the director.
(2) If a supporting document is a requirement of an electronic plan application, the submitter must include with the electronic plan application an electronic declaration in the form established by the director.
(3) If a supporting document is permitted to be filed, registered or deposited in conjunction with an electronic plan application, the submitter may include with the electronic plan application an electronic declaration in the form established by the director.
(4) An electronic declaration must contain
(a) a description of each supporting document adequate to identify the document,
(b) a statement that the subscriber
(i) has possession of each supporting document referred to in paragraph (a), or
(ii) in relation to a class of supporting documents designated by the director, has possession of a true copy of the supporting document referred to in paragraph (a), and
(c) a summary, satisfactory to the registrar, of the material facts set out in each supporting document.
(5) The electronic signature of a subscriber must be incorporated into the electronic declaration in accordance with the requirements established by the director.
(6) The electronic signature referred to in subsection (5) is a certification by the subscriber that the summary of material facts set out in the declaration accurately reflects the material facts set out in each supporting document.
(7) The certification under subsection (6) satisfies any requirement under this Act or any other enactment to file, register or deposit the supporting document in the land title office.
Corrective declarations
168.742 (1) If a person referred to in section 168.74 (3) (a) or (b) discovers an error, omission or misdescription in an electronic plan application or electronic plan he or she, or a person on his or her behalf, is submitting or has submitted under section 168.74, the person may submit or have submitted on his or her behalf an electronic declaration in the form established by the director bringing the error, omission or misdescription to the registrar's attention.
(2) The electronic signature of a subscriber must be incorporated into an electronic declaration under subsection (1) in accordance with the requirements established by the director.
(3) The incorporation under subsection (2) of the electronic signature of the subscriber is a certification by the subscriber that
(a) based on the subscriber's personal knowledge, the electronic declaration sets out the material facts accurately, or
(b) based on the subscriber's reasonable belief, the electronic declaration sets out the material facts accurately.
(4) If an electronic declaration is submitted under subsection (1), the registrar may, in the manner designated by the director, exercise the registrar's powers under section 106 or 383 in relation to an electronic plan.
(5) The registrar must replace, in the manner established by the director, the original electronic plan in the records of the land title office with an electronic plan that depicts any changes made as a result of the exercise of the registrar's powers in accordance with subsection (4).
Amendments to electronic plans
168.743 (1) The registrar may, in the manner designated by the director, exercise the registrar's powers under this Act or another enactment to amend, alter, correct or cancel an electronic plan.
(2) The registrar must replace, in the manner established by the director, the original electronic plan in the records of the land title office with an electronic plan that depicts any changes made as a result of the exercise of the registrar's powers in accordance with subsection (1).
Production of evidence
168.75 The registrar may, before the deposit of an electronic plan, require that an applicant
(i) an executed true copy of the electronic plan application referred to in section 168.731, and
(ii) a supporting document referred to in section 168.741 or a true copy of a supporting document, and
(b) produce evidence, satisfactory to the registrar, to verify that a person signed a true copy of an electronic plan application in compliance with this Act.
Evidentiary matters
168.76 (1) An electronic plan application that has been received by the registrar under section 153, along with any corrective declaration that has been received by the registrar in relation to that electronic plan application, is conclusively deemed to be the original of the application.
(2) Subject to subsection (3), an electronic plan that has been received by the registrar is conclusively deemed to be the original of the plan.
(3) An electronic plan that is placed in the records of the land title office under section 168.742 (5) or 168.743 (2) is conclusively deemed to be the original of the plan.
(4) A copy of an electronic plan application or electronic plan that is
(a) obtained from the records of the land title office, and
(b) certified by the registrar to be a true copy of the original plan application or plan
is conclusive evidence of the original and is admissible in a court to the same extent as the original.
(5) A certification of the registrar under subsection (4) is conclusive evidence that
(a) the technology and procedure used by the registrar to receive, store, retrieve and copy the electronic plan application or electronic plan is capable of recording and reproducing all significant details of the electronic plan application or electronic plan without any additions, deletions or changes, and
(b) the electronic plan application or electronic plan was received, stored, retrieved and copied by the registrar in the usual and ordinary course of business.
(6) If there is a difference between a copy of an electronic plan application or electronic plan certified under subsection (4) and a copy of the electronic plan application or electronic plan obtained from a source other than the records of the land title office, the former prevails over the latter, whether or not the latter contains an original signature of any person.
Admissibility of true copy of electronic plan application or electronic plan
168.761 Except to the extent necessary to prove the authenticity of a signature or other writing, mark or impression, a true copy of an electronic plan application or electronic plan that contains an original signature or other writing, mark or impression is not admissible in a court for any purpose.
Disposal of electronic plan applications and electronic plans
168.77 If an electronic plan application relating to the deposit of an electronic plan is void as a result of the registrar's refusal to accept the electronic plan for deposit or a withdrawal of the application by the applicant or the solicitor or agent of the applicant, the registrar may delete that application and plan and any supporting documents, as defined in section 168.741, from the records.
Division 3 — Certification of Subscribers
Certification authority
168.79 For the purposes of this Act and the Property Transfer Tax Act, the director may recognize a person as a certification authority if
(a) the person has adopted and published a certification practice statement that has been approved by the director, and
(b) the director is satisfied that
(i) the person is capable of administering the certification practice statement, and
(ii) subscribers named in certificates issued by the person are required to observe and comply with the certification practice statement.
Certification practice statement
168.8 A certification practice statement must contain
(a) the policies, practices and procedures to be used by a certification authority in
(i) issuing, administering, suspending and revoking a certificate,
(ii) providing access to the information contained in a certificate, and
(iii) establishing and maintaining the security and validity of electronic signatures of subscribers, and
(b) other provisions that the director considers necessary, including provisions relating to the form and content of certificates and provisions to ensure
(i) that an electronic signature is unique to a specific subscriber,
(ii) that a subscriber named in a certificate is eligible to be a subscriber under the requirements established by the director, and
(iii) the security of the electronic filing system contemplated by this Part and the Property Transfer Tax Act.
Warranties of certification authorities
168.81 (1) The issuance of a certificate by a certification authority constitutes a warranty by the certification authority of the following matters:
(a) the information contained in the certificate is, to the knowledge of the certification authority, true;
(b) the certificate was issued in accordance with the certification practice statement;
(c) the subscriber to whom the certificate was issued has agreed to observe and comply with the requirements of the certification practice statement;
(d) the subscriber named or identified in the certificate is eligible to be a subscriber under the requirements established by the director;
(e) the certification authority will act promptly to suspend or revoke a certificate in accordance with the requirements of the certification practice statement.
(2) Both the registrar and the administrator under the Property Transfer Tax Act are entitled to rely on the warranties referred to in subsection (1).
Immunity
168.82 In the absence of an unlawful or negligent act or omission by a certification authority in relation to its powers or duties under this Act, no action for damages lies or may be brought against a certification authority in respect of any loss or damage arising out of an unlawful or negligent act or omission of a subscriber under this Act or the Property Transfer Tax Act.
Offences
168.9 A person commits an offence if the person
(a) incorporates his or her electronic signature into an electronic application, electronic instrument, electronic plan application or electronic plan without first complying with the provisions of this Part, or
(b) incorporates the electronic signature of another person into an electronic application, electronic instrument, electronic plan application or electronic plan.
Section 168.1 definition "electronic" BEFORE repealed by 2004-12-13(a), effective March 31, 2004 (Royal Assent).
"electronic" includes electrical, analog, digital, magnetic, optical or electromagnetic and any other form based on a similar technology;
Section 168.1 definition "electronic instrument" BEFORE amended by 2004-12-13(b), effective March 31, 2004 (Royal Assent).
"electronic instrument" means an instrument in electronic format and includes the electronic form of any document that is required or permitted to be filed, lodged or deposited in the land title office under this Act;
Section 168.1 definition of "transferor" BEFORE amended by 2004-12-13(c), effective March 31, 2004 (Royal Assent).
"transferor" has the same meaning as in Part 5.
Section 168.1 definition of "certificate" BEFORE amended by 2006-24-29(a), effective July 21, 2006 (BC Reg 229/2006).
"certificate" means a computer-based record created by a certification authority and issued to a subscriber for the purposes of permitting the subscriber to sign
(a) electronic applications and electronic instruments under this Part, and
(b) electronic returns under the Property Transfer Tax Act;
Section 168.1 definitions of "certification authority" and "certification practice statement" BEFORE amended by 2006-24-29(b), effective July 21, 2006 (BC Reg 229/2006).
"certification authority" means a certification authority recognized by the director under section 168.71;
"certification practice statement" means the statement approved by the director under section 168.71;
Section 168.1 definitions of "electronic application" and "electronic instrument" BEFORE amended by 2006-24-29(c), effective July 21, 2006 (BC Reg 229/2006).
"electronic application" means an application in electronic format;
"electronic instrument" means an instrument in electronic format and includes the electronic form of any document that is required or permitted to be filed, lodged or deposited in the land title office under this or another enactment;
Section 168.1 definitions of "deposit", "electronic plan" and "electronic plan application" were added by 2006-24-29(d), effective July 21, 2006 (BC Reg 229/2006).
Section 168.1 definition of "electronic signature", subparagraph (b) (i) BEFORE amended by 2006-24-29(e), effective July 21, 2006 (BC Reg 229/2006).
(i) electronic applications and electronic instruments under this Part, and
Section 168.1 definition of "electronic signature", subparagraph (b) (i.1) was added by 2006-24-29(e), effective July 21, 2006 (BC Reg 229/2006).
Section 168.1 definition of "subscriber" BEFORE amended by 2006-24-29(f), effective July 21, 2006 (BC Reg 229/2006).
"subscriber" means an individual who is authorized by a certificate to sign
(a) electronic applications and instruments under this Part, and
(b) electronic returns under the Property Transfer Tax Act;
Section 168.1 definition of "transferor" BEFORE amended by 2006-24-29(g), effective July 21, 2006 (BC Reg 229/2006).
"transferor" includes any person authorized by or under an enactment to execute an instrument or other document that is required or permitted to be filed, lodged or deposited in the land title office.
Section 168.1 definition of "transferor" BEFORE amended by BC Reg 334/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 334/2006).
"transferor" includes any person authorized by or under an enactment to execute a an instrument or other document that is required or permitted to be filed, lodged, registered or deposited in the land title office.
Section 168.1 definition of "transferor" BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
"transferor" includes any person authorized by or under an enactment to execute an instrument or other document that is required or permitted to be filed, lodged, registered or deposited in the land title office.
Section 168.11 (1) (c) BEFORE amended by 2023-10-465, effective March 30, 2023 (Royal Assent).
(i) section 67 (s) [copies accompanying plan tendered for deposit],
(ii) section 144 (2) (b) [copies accompanying air space plan tendered for deposit],
(iii) section 147 (2) and (3) [application required], and
(iv) section 245 (e) [copies accompanying strata plan tendered for deposit] of the Strata Property Act.
Section 168.12 was enacted in Division 1 of Part 10.1 by 2004-12-14, effective March 31, 2004 (Royal Assent).
Section 168.12 was enacted in Division 2 of Part 10.1 by 2006-24-31, effective July 21, 2006 (BC Reg 229/2006).
Section 168.2 BEFORE amended by 2006-24-32, effective July 21, 2006 (BC Reg 229/2006).
168.2 Except as provided in this Part, an electronic application or electronic instrument that meets the requirements of this Part and is received by the registrar under section 153 has the same effect for all purposes as an application or instrument in writing that meets the requirements of this Act and is received by the registrar under section 153.
Section 168.21 BEFORE amended by 2006-24-33(a), effective July 21, 2006 (BC Reg 229/2006).
168.21 Electronic applications and electronic instruments submitted under section 168.4 must be in the form designated by the director, contain the information required by the director and be completed in the manner established by the director.
Section 168.3 (3) (a) BEFORE amended by 2004-12-15(b), effective March 31, 2004 (Royal Assent).
(a) a true copy of the electronic instrument has been executed and witnessed in accordance with Part 5, and
Section 168.3 (4), (5), (6) and (7) BEFORE amended by 2004-12-15(d), (e), (f) and (g), effective March 31, 2004 (Royal Assent).
(4) The incorporation of the electronic signature of a subscriber into an electronic instrument in accordance with this section is a certification by the subscriber of the facts referred to in subsection (3) (a) and (b).
(5) If the execution of a true copy of an electronic instrument is witnessed by an officer who is not the subscriber, the subscriber, in incorporating his or her electronic signature into that instrument, is entitled to rely on the applicable certification of the officer under Part 5 unless the subscriber knows that
(a) the person who signed the instrument as the transferor or officer is not the person named in the instrument as transferor or officer, or
(b) the person named in the instrument as the officer is not an officer.
(6) Despite any enactment or rule of law, an electronic instrument that has been signed by a subscriber in accordance with this section is conclusively deemed to be in writing and signed by the transferor.
(7) An electronic instrument signed in accordance with this section is conclusively deemed to have been executed and witnessed on the date the true copy referred to in subsection (3) (a) was executed and witnessed regardless of the date on which the electronic signature of the subscriber was incorporated into the instrument.
Section 168.3 (8) BEFORE repealed by 2004-12-15(g), effective March 31, 2004 (Royal Assent).
(8) An electronic application is only required to be signed if a supporting document is described in the application for the purposes of section 168.41.
Section 168.3 (4) BEFORE amended by 2006-24-34(b) and (c), effective July 21, 2006 (BC Reg 229/2006).
(4) The incorporation of the electronic signature of a subscriber into an electronic instrument is a certification by the subscriber,
(a) if in accordance with subsection (3), that the requirements in subsection (3) (a) and (b) are met, and
(b) if in accordance with subsection (3.1), that a true copy of the electronic instrument, or a copy of that true copy, is in the possession of the subscriber.
Section 168.31 BEFORE amended by 2004-12-16, effective March 31, 2004 (Royal Assent).
168.31 The delivery by the transferor to the transferee, or the solicitor or agent of the transferee, of the true copy of an electronic instrument that has been executed and witnessed in accordance with Part 5, or a copy of that true copy,
(a) authorizes the persons referred to in section 168.4 (2) to submit the electronic instrument for registration, and
(b) satisfies the transferor's obligation under the Property Law Act or any other rule of law to deliver an instrument in registrable form.
Section 168.4 (3) (b) BEFORE amended by 2004-12-17(a), effective March 31, 2004 (Royal Assent).
(b) is entitled to be registered as the owner in fee simple of the land described or as the owner of the charge specified over the land described, and
Section 168.4 (4) BEFORE repealed by 2004-12-17(b), effective March 31, 2004 (Royal Assent).
(4) The person submitting an electronic application, unless he or she is the applicant, must state whether he or she is acting as solicitor or agent for the applicant or is a person authorized by either of them, and if the person submitting fails to so state, that person is deemed to state that he or she is the duly authorized agent for the applicant.
Section 168.41 (4) BEFORE amended by 2004-12-18, effective March 31, 2004 (Royal Assent).
(4) The electronic signature of a subscriber must be incorporated into the electronic declaration in accordance with the policies established by the director.
Section 168.41 (1), (3) and (6) BEFORE amended by 2006-24-35, effective July 21, 2006 (BC Reg 229/2006).
(1) In this section, "supporting document" means a document required by this Act or any other enactment to be filed, lodged or deposited in the land title office in conjunction with an application for registration.
(3) An electronic declaration must contain
(a) a description of each supporting document adequate to identify the document,
(b) a statement that the subscriber has possession of each supporting document referred to in paragraph (a), and
(c) a summary, satisfactory to the registrar, of the material facts set out in each supporting document.
(6) The certification under subsection (5) satisfies any requirement under this Act or any other enactment to file, lodge or deposit the supporting document in the land title office.
Section 168.42 (1) BEFORE amended by 2006-24-36, effective July 21, 2006 (BC Reg 229/2006).
(1) If a person referred to in section 168.4 (2) (a) or (b) discovers an error or misdescription in an electronic application or electronic instrument he or she, or a person on his or her behalf, is submitting, or has submitted, under section 168.4, the person may submit or have submitted on his or her behalf an electronic declaration in the form approved by the director bringing the error or misdescription to the registrar's attention.
Section 168.5 BEFORE amended by 2006-24-37, effective July 21, 2006 (BC Reg 229/2006).
168.5 If an electronic instrument submitted in accordance with this Part contains a statement that the transferor intends it to take effect as a deed, the electronic instrument takes effect as a deed.
Section 168.51 BEFORE amended by 2004-12-20, effective March 31, 2004 (Royal Assent).
168.51 The registrar may, before the registration of an estate, interest or claim evidenced by an electronic instrument, require that an applicant
(a) produce for inspection
(i) the executed true copy of the electronic instrument referred to in section 168.3 (3) (a), or
(ii) a supporting document referred to in section 168.41 or a true copy of a supporting document, or
(b) produce evidence, satisfactory to the registrar, to verify that a transferor
(i) executed a true copy of the electronic instrument in the presence of an officer, and
(ii) made the applicable acknowledgment under Part 5.
Section 168.51 BEFORE amended by 2006-24-38, effective July 21, 2006 (BC Reg 229/2006).
168.51 The registrar may, before the registration or cancellation of an estate, interest or claim evidenced by an electronic instrument, require that an applicant,
(a) produce for inspection
(i) the executed true copy of the electronic instrument referred to in section 168.3 (3) (a),
(ii) a supporting document referred to in section 168.41 or a true copy of a supporting document, and
(iii) the executed true copy of the electronic instrument referred to in section 168.3 (3.1), and
(b) produce evidence, satisfactory to the registrar, to verify that a transferor
(i) if Part 5 applies in relation to an instrument, executed a true copy of the electronic instrument in the presence of an officer and made the applicable acknowledgement under that Part, and
(ii) if Part 5 does not apply in relation to an instrument, executed a true copy of the electronic instrument in compliance with the applicable enactment.
Section 168.6 (2) BEFORE repealed by 2004-12-21(a), effective March 31, 2004 (Royal Assent).
(2) Section 38 (4) and (5) does not apply to electronic instruments.
Section 168.6 (5) BEFORE amended by 2004-12-21(b), effective March 31, 2004 (Royal Assent).
(5) If there is a difference between a copy of an electronic application or instrument certified under subsection (3) and a copy of the application or instrument obtained from a source other than the records of the land title office, the former prevails over the latter whether or not the latter contains an original signature of a transferor or other person.
Section 168.61 (1) BEFORE repealed by 2004-12-22(a), effective March 31, 2004 (Royal Assent).
(1) Section 35 does not apply to an electronic instrument.
Section 168.61 (2) BEFORE amended by 2004-12-22(b), effective March 31, 2004 (Royal Assent).
(2) Except to the extent necessary to prove the authenticity of a signature or other writing, mark or impression, a copy of an electronic instrument that contains an original signature or other writing, mark or impression made before the electronic instrument was submitted under section 168.4 is not admissible in a court for any purpose.
Section 168.62 (b) (iii) BEFORE amended by 2019-23-114, effective November 30, 2020 (BC Reg 250/2020).
(iii) the security of the electronic filing system contemplated by this Part and the Property Transfer Tax Act.
Section 168.63 (2) BEFORE amended by 2019-23-115, effective November 30, 2020 (BC Reg 250/2020).
(2) Both the registrar and the administrator under the Property Transfer Tax Act are entitled to rely on the warranties referred to in subsection (1).
Section 168.64 BEFORE amended by 2019-23-116, effective November 30, 2020 (BC Reg 250/2020).
Immunity
168.64 In the absence of an unlawful or negligent act or omission by a certification authority in relation to its powers or duties under this Act, no action for damages lies or may be brought against a certification authority in respect of any loss or damage arising out of an unlawful or negligent act or omission of a subscriber under this Act or the Property Transfer Tax Act.
Section 168.7 (1)BEFORE repealed by 2004-12-23(a), effective March 31, 2004 (Royal Assent).
(1) Section 166 (2) does not apply to an electronic application or an electronic instrument.
Section 168.7 (2) BEFORE amended by 2004-12-23(b), effective March 31, 2004 (Royal Assent).
(2) If an electronic application relating to the registration of an electronic instrument is void as a result of a refusal of the registrar or a withdrawal by the applicant, the registrar may delete that application and instrument from the records.
Section 168.71 BEFORE repealed by 2006-24-39, effective July 21, 2006 (BC Reg 229/2006).
Certification authority
168.71 For the purposes of this Act and the Property Transfer Tax Act, the director may recognize a certification authority if
(a) the certification authority has adopted and published a certification practice statement that has been approved by the director, and
(b) the director is satisfied that
(i) the certification authority is capable of administering the certification practice statement, and
(ii) subscribers named in certificates issued by the certification authority are required to observe and comply with the certification practice statement.
Division 2.1 of Part 10.1, sections 168.712 to 168.77 were enacted by 2006-24-40, effective July 21, 2006 (BC Reg 229/2006).
Section 168.79 was enacted in Division 3 of Part 10.1 by 2006-24-41, effective July 21, 2006 (BC Reg 229/2006).
Section 168.81 (1) BEFORE amended by 2004-12-24, effective March 31, 2004 (Royal Assent).
(1) The issue of a certificate by a certification authority constitutes a warranty by the certification authority of the following matters:
Section 168.9 BEFORE amended by 2006-24-42, effective July 21, 2006 (BC Reg 229/2006).
Offences
168.9 A person commits an offence if the person
(a) incorporates his or her electronic signature into an electronic instrument or electronic application without first complying with the provisions of this Part, or
(b) incorporates the electronic signature of another person into an electronic application or electronic instrument.
Section 168.91 (2) (a) BEFORE amended by 2004-12-25(a), effective March 31, 2004 (Royal Assent).
(a) prescribing, for the purposes of the definition of "electronic instrument", the electronic form of documents required or permitted to be filed, lodged or deposited in the land title office under this Act;
Section 168.91 (2) (l) BEFORE amended by 2004-12-25(b), effective March 31, 2004 (Royal Assent).
(l) prescribing the applications or instruments, or the classes of applications or instruments, that must be in electronic format and filed electronically under this Part;
Section 168.91 (1) and (2) BEFORE amended by 2004-66-92, effective January 20, 2005 (BC Reg 16/2005).
(1) The Lieutenant Governor in Council may make regulations for the purposes of this Part.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
Section 168.91 (2) (a) to (l) BEFORE repealed by 2006-24-43, effective July 21, 2006 (BC Reg 229/2006).
(a) prescribing, for the purposes of the definition of "electronic instrument", the electronic form of documents required or permitted to be filed, lodged or deposited in the land title office under this Act or any other enactment;
(b) prescribing the land title districts to which this Part applies;
(c) prescribing the form of electronic applications and electronic instruments for the purposes of this Part;
(d) prescribing the information that must be included in electronic applications and electronic instruments for the purposes of section 168.21;
(e) prescribing the manner in which electronic applications and electronic instruments are to be completed for the purposes of section 168.21;
(f) prescribing the manner in which electronic signatures are to be incorporated into electronic applications and electronic instruments for the purposes of this Part;
(g) prescribing the manner in which electronic applications and electronic instruments are to be transmitted to the land title office and prescribing the technology to be used for the purposes of section 168.4;
(h) prescribing the form or forms of electronic declaration for the purposes of section 168.41;
(i) prescribing the supporting documents to which section 168.41 applies;
(j) prescribing the classes of persons who are eligible to be subscribers and prescribing the classes of electronic applications or instruments each class of persons is permitted to sign electronically;
(k) prescribing the information that must be included in a certificate issued by a certification authority;
(l) prescribing the applications, documents or instruments, or the classes of applications, documents or instruments, that must be in electronic format and filed electronically under this Part;
Section 168.91 (2) (n) to (r) BEFORE repealed by 2006-24-43, effective July 21, 2006 (BC Reg 229/2006).
(n) respecting the security of the electronic filing system contemplated by this Part and the Property Transfer Tax Act;
(o) respecting the technological standards that apply to the electronic filing system contemplated by this Part and the Property Transfer Tax Act, including standards applicable to electronic signatures;
(p) respecting the grounds for, and the manner in which, the director may withdraw recognition of a certification authority provided under section 168.71;
(q) respecting the hours during which electronic applications and instruments will be received by the land title office;
(r) prescribing the manner of effecting service by electronic means for the purposes of section 317.1 and the method of proving that service.
Section 168.91 (3) BEFORE repealed by 2006-24-43, effective July 21, 2006 (BC Reg 229/2006).
(3) If another enactment prescribes the form and legal effect of a document referred to in the definition of "electronic instrument", the electronic form of that document prescribed under subsection (2) (a) has the same legal effect as under the other enactment despite any differences between the electronic form and the form prescribed under the other enactment.
Section 168.91 BEFORE repealed by 2010-6-16, effective June 3, 2010 (Royal Assent).
Power to make regulations
168.91 (1) The Board of Directors may make regulations for the purposes of this Part.
(2) Without limiting subsection (1), the Board of Directors may make regulations as follows:
(a) to (l) [Repealed 2006-24-43.]
(m) exempting or authorizing the director to exempt any person, instrument, document or thing from any of the provisions of this Part, other than section 168.9, or from any of the provisions of the regulations made under this Part;
(n ) to (r) [Repealed 2006-24-43.]
(3) [Repealed 2006-24-43.]
Section 169 (1) (a) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(a) the boundaries of the land are sufficiently defined by the description or plan on record in the registrar's office or provided by the applicant, and
Section 172 (a) BEFORE amended by 2023-10-466, effective March 30, 2023 (Royal Assent).
(a) the first owner of an estate of inheritance must be registered as the owner of the fee simple but, in the register, the owner of the estate of inheritance must not be shown to be possessed of a larger or different estate from that to which he or she is by law entitled, and
Section 174 (1) BEFORE amended by 2004-66-96, effective January 20, 2005 (BC Reg 16/2005).
(1) The registered owner of the absolute fee of land under the Acts repealed by the former Act may apply in writing to the registrar for registration of indefeasible title to the land and the application must be in the prescribed form.
Section 174 (3) BEFORE amended by 2023-10-467, effective March 30, 2023 (Royal Assent).
(3) The registrar, on his or her own initiative, in respect of any land in the absolute fees register, may convert the absolute fee into an indefeasible title without an application from the registered owner of the absolute fee.
Section 175 (1) (a) BEFORE amended by 2007-14-204,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) all indefeasible titles and all matters required by this Act or the regulations to be registered or entered on an indefeasible title and affecting land included in it, and
Section 176 (3) BEFORE amended by 2004-66-96, effective January 20, 2005 (BC Reg 16/2005).
(3) A duplicate indefeasible title must be in the prescribed form and must be certified by the registrar as an accurate statement of the information referred to in subsection (2) as it is stored in the register.
Section 182 BEFORE amended by 2012-18-68, effective May 31, 2012 (Royal Assent).
Registration of restrictive covenants and easements
182 (1) If a restrictive covenant, easement or other incorporeal right is entered into or created for the purpose of being annexed to other land, hereinafter referred to as the dominant tenement, for which an indefeasible title has been registered, the registrar must make an endorsement of the covenant, easement or right, and of the instrument creating it, against the indefeasible title of the dominant tenement.
(2) A transfer of the land covered by an indefeasible title on which an endorsement under subsection (1) has been made transfers, without express mention, the benefit of the covenant, easement or right.
Section 182 (1) BEFORE amended by 2021-3-41, effective May 31, 2012 [retro from March 25, 2021 (Royal Assent)].
(1) If a restrictive covenant, an easement, a party wall agreement as defined in section 223.1, or other incorporeal right is entered into or created for the purpose of being annexed to other land, hereinafter referred to as the dominant tenement, for which an indefeasible title has been registered, the registrar must make an endorsement of the covenant, easement or right, and of the instrument creating it, against the indefeasible title of the dominant tenement.
Section 185 (1) BEFORE amended by 2004-66-96, effective January 20, 2005 (BC Reg 16/2005).
(1) A transfer of a freehold estate must be in the prescribed form and on a single page.
Section 185 (3) BEFORE amended by 2004-66-97, effective January 20, 2005 (BC Reg 16/2005).
(3) Nothing in subsection (1) precludes the addition, in the prescribed form, of an additional or necessary party.
Section 186 (2) to (4) BEFORE amended by 2004-66-97, effective January 20, 2005 (BC Reg 16/2005).
(2) Unless expressly excepted or qualified, and except as provided in subsection (3), a transfer of a freehold estate for valuable consideration in the prescribed form or in a form permitted by the registrar under section 185 (2) (b) is deemed
(a) to be made under Part 1 of the Land Transfer Form Act,
(b) to contain the forms of words contained in column 1 of Schedule 2 to that Act, and
(c) to be made by the transferor as covenantor with the transferee as covenantee,
and to have the same effect and be construed as if it contained the forms of words contained in column 2 of Schedule 2 to that Act.
(3) Despite subsection (2), unless expressly excepted or qualified, a transfer of an estate in fee simple in the prescribed form made by a personal representative or trustee is deemed to contain only the form of words in section 7 of column 1 of Schedule 2 to the Land Transfer Form Act, Part 1, and to have the same effect and be construed as if it contained only the form of words in section 7 of column 2 of Schedule 2 to that Act.
(4) Subject to subsections (5) to (8), a transfer of a freehold estate for valuable consideration and in the prescribed form that is completed and executed in the prescribed manner, and the execution of which has been witnessed or proved in accordance with Part 5, operates to transfer the freehold estate of the transferor to the transferee whether or not it contains express words of transfer.
Section 186 (4) BEFORE amended by 2004-66-98, effective January 20, 2005 (BC Reg 16/2005).
(4) Subject to subsections (5) to (8), a transfer of a freehold estate for valuable consideration and in the approved form that is completed and executed in the prescribed manner, and the execution of which has been witnessed or proved in accordance with Part 5, operates to transfer the freehold estate of the transferor to the transferee whether or not it contains express words of transfer.
Section 187 BEFORE amended by 2004-66-97, effective January 20, 2005 (BC Reg 16/2005).
187 If there is a transfer, in the prescribed form or other form satisfactory to the registrar, of land the title to which is registered, the transferee is entitled to be registered as the owner of the estate or interest held by or vested in the former owner to the extent to which that estate or interest is transferred and the registrar must register the title claimed by the applicant
(a) on being satisfied that the transfer produced has transferred to and vested in the applicant a good safe holding and marketable title, and
(b) on production of the former absolute certificate of title or duplicate indefeasible title, if any.
Section 190 BEFORE amended by 2004-66-99, effective January 20, 2005 (BC Reg 16/2005).
190 Despite section 166, or the Document Disposal Act, a cancelled duplicate indefeasible title, other than a certificate endorsed with an executed transfer under the former Act in Form N (Special), may be destroyed by the registrar at any time after the expiration of 3 months from the date of cancellation.
Section 193 (4) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(4) The registrar may dispense with the advertisement of intention or may substitute the posting of a notice in the registrar's office if the registrar is satisfied of the destruction of the duplicate indefeasible title or of its loss under such circumstances that it could not fall into other hands and that advertisement may safely be dispensed with.
Section 202 BEFORE repealed by 2003-70-208, effective March 29, 2004 (BC Reg 64/2004).
Charge created by corporation
202 (1) If, by an instrument, a corporation creates a charge, the charge may be registered under this Act without proof that it has been registered with the Registrar of Companies.
(2) If a debenture, as defined in the Company Act, creates a charge on land, the registrar may register the charge on application supported by
(a) the debenture,
(b) a copy of the debenture that has been certified by the Registrar of Companies to be a true copy of the debenture,
(c) a copy of the debenture that has been compared by the registrar with the debenture or that has been made by the registrar and certified by the registrar to be a true copy of the debenture, or
(d) a copy of the debenture
(i) that has been executed by the corporation and the execution has been witnessed or proved in accordance with this Act, and
(ii) on which the words "executed copy" or words of similar effect have been endorsed on the first page or on the execution page.
(3) If an application to register a copy of a debenture under subsection (2) has been accepted by the registrar and the charge created by it has been registered,
(a) the registrar must note that fact in the register,
(b) the registration of the charge constitutes notice and conclusive proof of the contents of the debenture, so far as the debenture relates to the estate or interest created by the debenture, to all persons dealing with the title to the land affected, and
(c) the copy has, to the extent necessary to give effect to paragraph (b), the same effect as if it were the debenture.
(4) The charge created by a debenture registered under this Act before the coming into force of this section is not void merely because the copy of the debenture accepted by the registrar
(a) has not been certified by the Registrar of Companies or the registrar before its registration, or
(b) was not a copy as defined in the Company Act.
Section 203 (6) BEFORE amended by 2016-4-10, effective September 1, 2016 (BC Reg 191/2016).
(6) An application to register a crystallized floating charge in a land title office must be accompanied by proof, in the form of a sworn declaration satisfactory to the registrar, stating
(a) that the charge has crystallized, and
(b) the circumstances under which the crystallization occurred.
Section 205 (1) BEFORE amended by 2023-10-468, effective March 30, 2023 (Royal Assent).
(1) A sheriff, after delivery to him or her of a writ affecting land may, on behalf of the Crown for the purpose of enforcing or recovery of a debt due to the Crown, apply to register, in the same manner as a charge is registered, a copy of the writ against the title to the land registered in the name of the debtor.
Section 206 (2) BEFORE amended by 2023-10-469, effective March 30, 2023 (Royal Assent).
(2) Unless he or she is a party to it, a modification of a charge does not affect the holder of a charge registered before the registration of the modification.
Section 207 (1) BEFORE amended by 2004-66-100, effective January 20, 2005 (BC Reg 16/2005).
(1) A registered owner of a charge, in this section referred to as the "prior charge", may postpone that person's rights under it by executing an instrument in the prescribed form or in another form that may be acceptable to the registrar and, when in the prescribed form and registered, the instrument operates to postpone that person's rights to those of the registered owner of the subsequent charge designated in the instrument in the same manner and to the same extent as if the prior charge had been registered immediately after the registration of the subsequent charge.
Section 208 (1) BEFORE amended by 2004-66-101, effective January 20, 2005 (BC Reg 16/2005).
(1) After the registration of a charge, the registrar must, if requested by the owner of it, issue to the owner a certificate of charge in the appropriate prescribed form, and make an endorsement of its issue in the register.
Section 209 BEFORE amended by 2004-66-102, effective January 20, 2005 (BC Reg 16/2005).
A transfer of a mortgage may be in the prescribed form and, when in the prescribed form and registered, operates to transfer the following to the transferee:
(a) the mortgage;
(b) the benefit of all collateral securities and the right to call for an express assignment of them;
(c) the right to demand, sue for, recover and give receipts for the mortgage money or the unpaid part of it, and the interest then due or to become due on it, if any;
(d) the full benefit of and the right to sue on the covenants with the mortgagee, and the right to exercise the powers of the mortgagee.
Section 211 (3) BEFORE amended by 2004-66-102, effective January 20, 2005 (BC Reg 16/2005).
(3) An assignment of a registered judgment may be in the prescribed form and, when in the prescribed form and registered, operates to assign the following to the assignee:
(a) the judgment;
(b) all money due and to become due on the judgment for principal, interest and costs, and all other securities to be derived from the judgment, at law or equity, or otherwise;
(c) the right to exercise the powers of the judgment creditor.
Section 211 (1) BEFORE amended by 2004-66-103, effective January 20, 2005 (BC Reg 16/2005).
(1) If an assignment of a registered judgment is not prohibited by law, the registrar may, on application, effect registration of the assignment by making an endorsement of it in the register in the same manner as is prescribed for the assignment of a charge.
Section 212 (1) BEFORE amended by 2004-66-104, effective January 20, 2005 (BC Reg 16/2005).
(1) If an application is made to register an instrument under which the applicant claims
(a) registration as an owner of an estate in fee simple or an estate or interest by way of charge, or
(b) cancellation of a charge registered against the title to the applicant's land,
and there is a judgment registered against
(c) the grantor of the fee simple,
(d) the person who created the estate or interest to be registered as a charge, or
(e) the holder of the charge to be cancelled,
the registrar may, despite section 86 (3) (c) of the Court Order Enforcement Act, if the applicant claims priority to the judgment, serve a notice in the prescribed form on the judgment creditor.
Section 214 BEFORE amended by 2004-66-104, effective January 20, 2005 (BC Reg 16/2005).
214 A release of a judgment may be in the prescribed form and must be witnessed and the execution proved in the manner required by Part 5.
Section 215 (5) to (8) BEFORE amended by 2004-66-104, effective January 20, 2005 (BC Reg 16/2005).
(5) Despite subsection (1), if a person entitled to enforce a restrictive covenant or building scheme has commenced an action to enforce it, the person may register under this section a certificate of pending litigation in the prescribed form against land in respect of which a breach is alleged to have occurred.
(6) A party to a proceeding for an order for the dissolution of marriage or judicial separation, or for a declaration that a marriage is null and void, or for a declaratory judgment under Part 5 of the Family Relations Act that spouses have no reasonable prospect of reconciliation with each other, may register under this section a certificate of pending litigation in the prescribed form in respect of any estate or interest in land the title to which could change as an outcome of the proceeding.
(7) Despite subsection (1), a person who has commenced an action under the Wills Variation Act may register a certificate of pending litigation in the prescribed form against the land affected.
(8) A judgment creditor who
(a) applies under section 9 of the Fraudulent Preference Act, and
(b) in the application, claims to be entitled to register the judgment against the land in respect of which the application was made, or against the judgment debtor's or another person's interest in the land,
may register a certificate of pending litigation in the prescribed form against the land.
Section 215 (1) (part) BEFORE amended by 2010-6-64, effective July 1, 2010.
may register a certificate of pending litigation against the land in the same manner as a charge is registered, and the registrar of the court in which the proceeding is commenced must attach to the certificate a copy of the originating process, or, in the case of a certificate of pending litigation under Part 5 of the Court Order Enforcement Act, a copy of the notice of motion or other document by which the claim is made.
Section 215 (6) BEFORE amended by 2011-25-394, effective March 18, 2013 (BC Reg 131/2012).
(6) A party to a proceeding for an order for the dissolution of marriage or judicial separation, or for a declaration that a marriage is null and void, or for a declaratory judgment under Part 5 of the Family Relations Act that spouses have no reasonable prospect of reconciliation with each other, may register under this section a certificate of pending litigation in the form approved by the director in respect of any estate or interest in land the title to which could change as an outcome of the proceeding.
Section 215 (7) BEFORE amended by 2009-13-227, effective March 31, 2014 (BC Reg 148/2013).
(7) Despite subsection (1), a person who has commenced an action under the Wills Variation Act may register a certificate of pending litigation in the form approved by the director against the land affected.
Section 218 (1) (d) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(d) any other person designated by the Minister of Environment, Lands and Parks on terms and conditions that minister thinks proper,
Section 218 (1) (b) BEFORE amended by 2007-41-71, effective November 30, 2007 (BC Reg 354/2007).
(b) a municipality, a regional district, the Greater Vancouver Transportation Authority, a local trust committee under the Islands Trust Act or a local improvement district,
Section 218 (1) (c) BEFORE amended by 2008-36-146, effective October 4, 2010 (BC Reg 274/2010).
(c) a water users' community, a public utility, a pulp or timber, mining, railway or smelting corporation, or a corporation authorized to transport oil or gas, or both oil and gas, or solids, as defined in the Pipeline Act, or
Section 218 (1) (c) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(c) a water users' community, a public utility, a pulp or timber, mining, railway or smelting corporation, or a pipeline permit holder as defined in section 1 (2) of the Oil and Gas Activities Act, or
Section 219 (3) (c) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(c) any person designated by the Minister of Environment, Lands and Parks on terms and conditions he or she thinks proper,
Section 219 (11) (b) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(b) an assignee of a covenantee if the assignment has been approved in writing by the Minister of Environment, Lands and Parks.
Section 219 (13) BEFORE amended by 2003-66-41, effective October 23, 2003 (Royal Assent).
(13) A recital in a covenant that a person "has been designated by the Minister of Environment, Lands and Parks under section 219 (3) (c) of the Land Title Act", or a statement to that effect in the application to register the covenant, is sufficient proof to a registrar of that fact.
Section 219 (1) BEFORE amended by 2007-41-71, 72, effective November 30, 2007 (BC Reg 354/2007).
(1) A covenant described in subsection (2) in favour of the Crown, a Crown corporation or agency, a municipality, a regional district, the Greater Vancouver Transportation Authority, or a local trust committee under the Islands Trust Act, as covenantee, may be registered against the title to the land subject to the covenant and is enforceable against the covenantor and the successors in title of the covenantor even if the covenant is not annexed to land owned by the covenantee.
Section 219 (3) (b) BEFORE amended by 2007-41-71, 72, effective November 30, 2007 (BC Reg 354/2007).
(b) a municipality, a regional district, the Greater Vancouver Transportation Authority or a local trust committee under the Islands Trust Act, or
Section 219 (3) (c) BEFORE amended by 2023-10-470, effective March 30, 2023 (Royal Assent).
(c) any person designated by the minister on terms and conditions he or she thinks proper,
Section 220 (1) BEFORE amended by 2004-66-104, effective January 20, 2005 (BC Reg 16/2005).
(1) If a registered owner in fee simple intends to sell or lease or a registered lessee intends to sublease 2 or more parcels and to impose restrictions consistent with a general scheme of development, the registered owner may register a Declaration of Creation of Building Scheme in the prescribed form, herein referred to as the declaration of building scheme, as a charge against the land defined in the declaration of building scheme.
Division 4.1, sections 223.1 to 223.2 were enacted in Part 14 by 2012-18-69, effective May 31, 2012 (Royal Assent).
Section 225 (3) BEFORE amended by 2004-66-98, effective January 20, 2005 (BC Reg 16/2005).
(3) Part 1 of the mortgage must be in the prescribed form, must be completed in the prescribed manner and must contain the following:
(a) the parties to the mortgage;
(b) the legal description of the mortgaged land;
(c) the signatures of the mortgagor and witness in accordance with Part 5;
(d) the terms that, if contained in the mortgage, are required by regulation to be included in Part 1 of the mortgage;
(e) other prescribed information.
Section 225 (3) (part) BEFORE amended by 2004-66-107, effective January 20, 2005 (BC Reg 16/2005).
(3) Part 1 of the mortgage must be in the prescribed form, must be completed in the manner approved by the director and must contain the following:
Section 225 (3) (e) BEFORE amended by 2004-66-107, effective January 20, 2005 (BC Reg 16/2005).
(e) other prescribed information.
Section 225 (4) (part) BEFORE amended by 2004-66-107, effective January 20, 2005 (BC Reg 16/2005).
(4) A regulation under subsection (3) may
Section 225 (4) (e) BEFORE amended by 2004-66-107, effective January 20, 2005 (BC Reg 16/2005).
(e) specify any other requirements as to the format and content of the prescribed form that the Lieutenant Governor in Council considers necessary for the purpose of this Act or for any other purpose.
Section 226 (2) (a) BEFORE amended by 2004-66-98, effective January 20, 2005 (BC Reg 16/2005).
(a) Part 1 of the mortgage must contain a statement, in the prescribed manner, to that effect, and
Section 227 (1) to (3) BEFORE amended by 2004-66-108, effective January 20, 2005 (BC Reg 16/2005).
(1) The Lieutenant Governor in Council may prescribe one set of standard mortgage terms for the purposes of
(a) this Division, and
(b) adoption under section 225 (5) (a).
(2) The Lieutenant Governor in Council must not amend a set of standard mortgage terms prescribed under subsection (1), but the Lieutenant Governor in Council may repeal the set and prescribe another set under that subsection.
(3) If the Lieutenant Governor in Council repeals the set of standard mortgage terms prescribed under subsection (1), the terms of any mortgage that adopted that set before the repeal are conclusively deemed to be the terms of that mortgage, subject to any modification made under section 226.
Section 229 (2) BEFORE amended by 2004-66-108, effective January 20, 2005 (BC Reg 16/2005).
(2) If subsection (1) is not complied with, the terms of Part 2 of the mortgage are deemed to be the terms, prescribed by the Lieutenant Governor in Council under section 227 (1), that were in effect at the time the mortgage was executed, but the failure to comply does not extinguish
Section 229 (1) (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) obtain an acknowledgment from each of those persons that the copy and statement have been received.
Section 231 (2) BEFORE amended by 2015-41-16, effective November 17, 2015 (Royal Assent).
(2) Whether or not a mortgage referred to in section 225 contains words of transfer or charge subject to a proviso for redemption, the mortgagor and mortgagee are entitled to all the legal and equitable rights and remedies that would be available to them if the mortgagor had transferred the mortgagor' interest in the land to the mortgagee, subject to a proviso for redemption.
Section 232 (4) BEFORE amended by 2004-66-108, effective January 20, 2005 (BC Reg 16/2005).
(4) The Lieutenant Governor in Council may, by regulation, exempt an instrument or class of instrument from the application of subsection (2).
Section 233 (4) BEFORE amended by 2004-66-98, effective January 20, 2005 (BC Reg 16/2005).
(4) Part 1 of a general instrument must be in the prescribed form, must be completed in the prescribed manner and must contain the following:
Section 233 (4) (part) BEFORE amended by 2004-66-109, effective January 20, 2005 (BC Reg 16/2005).
(4) Part 1 of a general instrument must be in the prescribed form, must be completed in the manner approved by the director and must contain the following:
Section 233 (4) (g) BEFORE amended by 2004-66-109, effective January 20, 2005 (BC Reg 16/2005).
(g) other prescribed information.
Section 233 (5) (part) BEFORE amended by 2004-66-109, effective January 20, 2005 (BC Reg 16/2005).
(5) A regulation under subsection (4) may
Section 233 (5) (e) BEFORE amended by 2004-66-109, effective January 20, 2005 (BC Reg 16/2005).
(e) specify any other requirements as to the format and content of the prescribed form that the Lieutenant Governor in Council considers necessary for the purpose of this Act or for any other purpose.
Section 234 (2) (a) BEFORE amended by 2004-66-98, effective January 20, 2005 (BC Reg 16/2005).
(a) Part 1 of the general instrument must contain a statement, in the prescribed manner, to that effect, and
Section 237 (2) BEFORE amended by 2004-66-98, effective January 20, 2005 (BC Reg 16/2005).
(2) Part 1 must be completed in the prescribed manner and contain the following:
(a) the registration number of the charge that is to be released;
(b) the legal description of the land to be released from the charge;
(c) a statement that the charge is released or discharged as a charge on the specified land;
(d) a statement that there is no Part 2 to the general instrument.
Section 237 (1) BEFORE amended by 2004-66-110, effective January 20, 2005 (BC Reg 16/2005).
(1) Part 1 of the prescribed form of a general instrument must be used to release a charge from land.
Section 239 (2) BEFORE amended by 2004-66-98, effective January 20, 2005 (BC Reg 16/2005).
(2) In the circumstances described in subsection (1) (a), the parties must, in the prescribed manner, indicate that the mortgage contains a floating charge.
Section 239 (1) (a) BEFORE amended by 2004-66-111, effective January 20, 2005 (BC Reg 16/2005).
(a) it is attached as a schedule to a prescribed form of mortgage where, in addition to the floating charge, the instrument also creates a mortgage of specific land, or
Section 240 (a) and (b) BEFORE repealed by 2004-66-113, effective January 20, 2005 (BC Reg 16/2005).
(a) suspend the use of a prescribed form for a period not exceeding 45 days,
(b) alter a prescribed form if the director considers that the alteration is necessary to facilitate computerization, eliminate a defect or include additional information, or
Section 241 (1) BEFORE amended by 2004-66-114, effective January 20, 2005 (BC Reg 16/2005).
(1) If a registered charge has been satisfied, surrendered, released or discharged in whole or in part, the registrar must, on application in the prescribed form and on satisfactory proof, cancel the registration of the charge in whole or in part.
Section 242 (2) BEFORE amended by 2004-66-114, effective January 20, 2005 (BC Reg 16/2005).
(2) If the mortgagee disputes the right of the purchaser, optionee or subpurchaser, as the case may be, to registration free of the mortgage, the mortgagee must file with the registrar a notice of objection in the prescribed form within the time set by the registrar's notice.
Section 251 (1) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(1) An application under section 250 must be made and served on the parties affected in accordance with the Rules of Court.
Section 252 (2) BEFORE amended by 2010-6-65, effective July 1, 2010.
(2) An application under subsection (1) must be made to the court in which the proceeding was commenced and must be brought
(a) as an interlocutory application in that proceeding, if the applicant is a party to the proceeding, or
(b) as an originating application by petition, if the applicant is not a party.
Section 256 (2) (a) BEFORE amended by 2010-6-66, effective July 1, 2010.
(a) that the originating process or notice of motion attached to the certificate contains no allegation that the owner is not a purchaser in good faith and for valuable consideration,
Section 256 (3) BEFORE amended by 2010-6-65, effective July 1, 2010.
(3) An application under this section must be made to the court in which the proceeding was commenced and must be brought
(a) as an interlocutory application in that proceeding, if the applicant is a party to the proceeding, or
(b) as an originating application by petition, if the applicant is not a party.
Section 257 (4) (b) BEFORE amended by 2010-6-66, effective July 1, 2010.
(b) there is nothing in the originating process or notice of motion attached to the certificate that expressly or by necessary implication alleges that the owner is not a purchaser in good faith and for valuable consideration,
Section 257 (1) (b) (ii) BEFORE amended by 2016-5-18, effective March 10, 2016 (Royal Assent).
(ii) to give security in an amount satisfactory to the court and conditioned on the fulfilment of the undertaking and compliance with further terms and conditions, if any, the court may consider proper.
Section 259 BEFORE amended by 2004-66-114, effective January 20, 2005 (BC Reg 16/2005).
259 A discharge of mortgage may be in the prescribed form.
Section 260 (1) (a) BEFORE amended by 2009-13-195, effective March 31, 2014 (BC Reg 148/2013).
(a) a release by a personal representative of a mortgage of which the testator or intestate was the registered owner, or
Part 17, Division 2, heading BEFORE amended by 2009-13-228, effective March 31, 2014 (BC Reg 148/2013).
Section 265 BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
265 Except as provided in section 269, an application to register a transmission of land or charge consequent on the death of a testator or an intestate occurring before April 1, 1947 must not be dealt with by the registrar unless there is filed in the registrar's office
Section 265 (a) BEFORE amended by 2009-13-229, effective March 31, 2014 (BC Reg 148/2013).
(a) a certified copy of the grant of probate or letters of administration issued from the court in the province that made or resealed the grant,
Section 265 (a), (b) and (c) BEFORE amended by 2018-37-19, effective October 31, 2018 (Royal Assent).
(a) a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant,
(b) an office copy of that portion of Inventory X, Schedule A, of the Succession Duty Act, that correctly describes the land or charge affected, and
(c) a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act.
Section 266 (1) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(1) An application to register a transmission of land or a charge consequent on the death of a testator or intestate occurring after March 31, 1947, but before January 1, 1959, must not be dealt with by the registrar unless there is filed in the registrar's office
Section 266 (1) and (5) BEFORE amended by 2009-13-230, effective March 31, 2014 (BC Reg 148/2013).
(1) An application to register a transmission of land or a charge consequent on the death of a testator or intestate occurring after March 31, 1947, but before January 1, 1959, must not be dealt with by the registrar unless there is filed in the land title office
(a) a certified copy of the grant of probate or letters of administration issued from the court in the province that made or resealed the grant,
(b) the consent to transfer the land or charge made and provided under the Succession Duty Act (Canada), and
(i) Form S.D. 1 or Form S.D. 1 Special, of the Succession Duty Act (Canada), or
(ii) that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected.
(5) If the death occurred after January 24, 1977, the applicant must comply with subsection (1) (a) and if application for grant or reseal of probate or letters of administration was filed with the registrar of the court in British Columbia
(a) before January 1, 1982, file an office copy of that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, or
(b) after January 1, 1982, file an office copy of that portion of the declaration and disclosure document required by section 111 of the Estate Administration Act,
that correctly describes the land or charge affected.
Section 266 (1) (part) BEFORE amended by 2009-13-195, effective March 31, 2014 (BC Reg 148/2013).
(1) An application to register a transmission of land or a charge consequent on the death of a testator or intestate occurring after March 31, 1947, but before January 1, 1959, must not be dealt with by the registrar unless there is filed in the land title office
Section 266 (1), (2), (3) and (4) BEFORE amended by 2018-37-20, effective October 31, 2018 (Royal Assent).
(1) An application to register a transmission of land or a charge consequent on the death of a will-maker or intestate occurring after March 31, 1947, but before January 1, 1959, must not be dealt with by the registrar unless there is filed in the land title office
(a) a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant,
(b) the consent to transfer the land or charge made and provided under the Succession Duty Act (Canada), and
(i) Form S.D. 1 or Form S.D. 1 Special, of the Succession Duty Act (Canada), or
(ii) that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected.
(2) If the death occurred on or after December 31, 1958, but before April 1, 1963, the applicant must comply with subsection (1) (a) and file
(a) the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada), and
(i) Form ET 60 or Form ET 61 of the Estate Tax Act (Canada), or
(ii) that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected.
(3) If the death occurred after March 31, 1963, but before January 1, 1972, the applicant must comply with subsection (1) (a) and file
(a) the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada),
(b) an office copy of that portion of Inventory X, Schedule A, of the Succession Duty Act, that correctly describes the land or charge affected, and
(c) a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act.
(4) If the death occurred after December 31, 1971, but before January 25, 1977, the applicant must comply with subsections (1) (a) and (3) (b) and (c).
Section 268 BEFORE amended by 2009-13-231, effective March 31, 2014 (BC Reg 148/2013).
When resealing may be dispensed with
268 If the net value of an estate in British Columbia does not exceed $50 000, the registrar may, in the case of hardship, economic or otherwise, dispense with the resealing in British Columbia of a grant of probate or letters of administration issued in another province.
Section 269 BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
269 An application to register a transmission of land or a charge consequent on the death of a joint tenant must not be dealt with by the registrar unless there is filed in the registrar's office a certified copy of the grant of probate or letters of administration issued from the court in the province that made or resealed the grant, or a certificate of death issued by the appropriate public officer, and
(a) in the case of a death occurring before April 1, 1947, a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act,
(b) in the case of a death occurring after March 31, 1947, but before January 1, 1959, the consent to transfer the land or charge made and provided under the Succession Duty Act (Canada),
(c) in the case of a death occurring after December 31, 1958, but before April 1, 1963, the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada),
(d) in the case of a death occurring after March 31, 1963, but before January 1, 1972, the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada), and a certificate of discharge or a consent to transfer made and provided under the Succession Duty Act, or
(e) in the case of a death occurring after December 31, 1971, but before January 25, 1977, a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act.
Section 269 (part) BEFORE amended by 2009-13-232, effective March 31, 2014 (BC Reg 148/2013).
Transmission re joint tenancies
269 An application to register a transmission of land or a charge consequent on the death of a joint tenant must not be dealt with by the registrar unless there is filed in the land title office a certified copy of the grant of probate or letters of administration issued from the court in the province that made or resealed the grant, or a certificate of death issued by the appropriate public officer, and
Section 269 BEFORE re-enacted by 2018-37-21, effective October 31, 2018 (Royal Assent).
Transmission re joint tenancies
269 An application to register a transmission of land or a charge consequent on the death of a joint tenant must not be dealt with by the registrar unless there is filed in the land title office a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant, or a certificate of death issued by the appropriate public officer, and
(a) in the case of a death occurring before April 1, 1947, a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act,
(b) in the case of a death occurring after March 31, 1947, but before January 1, 1959, the consent to transfer the land or charge made and provided under the Succession Duty Act (Canada),
(c) in the case of a death occurring after December 31, 1958, but before April 1, 1963, the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada),
(d) in the case of a death occurring after March 31, 1963, but before January 1, 1972, the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada), and a certificate of discharge or a consent to transfer made and provided under the Succession Duty Act, or
(e) in the case of a death occurring after December 31, 1971, but before January 25, 1977, a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act.
Section 274 (a) BEFORE repealed by 2003-90-5, effective November 20, 2003 (Royal Assent).
(a) the Dyking Assessments Adjustment Act, 1905,
Section 274 (d) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
Section 281 (1) BEFORE amended by 2004-71-82, effective March 31, 2005 (BC Reg 116/2005).
(1) If an indefeasible title has been registered and the land included in it is or becomes subject to a tree farm licence or woodlot licence entered into under the Forest Act, or an agreement entered into under section 18 of the Range Act, the Minister of Forests may file a written notice to that effect with the registrar.
Section 281 (1) BEFORE amended by 2006-13-35,Sch C, effective March 30, 2006 (Royal Assent).
(1) If an indefeasible title has been registered and the land included in it is or becomes subject to a tree farm licence or woodlot licence entered into under the Forest Act, or an agreement entered into under section 21 of the Range Act, the Minister of Forests may file a written notice to that effect with the registrar.
Section 282 (2.1) BEFORE amended by 2007-34-91, effective September 1, 2011 (BC Reg 14/2011).
(2.1) A representative acting under an agreement made by an adult under the Representation Agreement Act may lodge a caveat with the registrar if the representative certifies
(a) that the representative has been authorized under that Act to make decisions about the adult's financial affairs, business or assets, and
(b) that the adult's land is or may be endangered.
Section 282 (2) (a) BEFORE amended by 2023-10-471, effective March 30, 2023 (Royal Assent).
(a) that he or she has been appointed committee or is the committee under the Patients Property Act, and
Section 286 (1) BEFORE amended by 2004-66-114, effective January 20, 2005 (BC Reg 16/2005).
(1) A caveat may be in the prescribed form.
Section 289 (3) BEFORE amended by 2010-6-67, effective July 1, 2010.
(3) If a question of right or title is required to be determined, the procedure must be as nearly as may be in conformity with the rules of court.
Section 290 (1) BEFORE amended by 2004-66-114, effective January 20, 2005 (BC Reg 16/2005).
(1) A caveator may, by notice in writing, which may be in the prescribed form, to the registrar, withdraw the caveat at any time, but the withdrawal of the caveat does not prejudice the power of the court to make an order as to payment by the caveator of the costs of the caveatee incurred before the receipt by the caveatee of the notice.
Section 293 (2) BEFORE amended by 2004-66-114, effective January 20, 2005 (BC Reg 16/2005).
(2) Despite subsection (1), if a caveatee, in accordance with the caveat serves, at least 21 days before the expiry of the 2 months referred to in subsection (1), a notice in the prescribed form on the caveator or the caveator's solicitor or agent filing the caveat, as the case may be, to withdraw the caveat or take proceedings in court to establish the claim made in the caveat, the caveat lapses and ceases to affect the caveatee's title to the land after the expiration of 21 days after the date of service, unless within the 21 day period the caveator commences an action to establish the caveator's title to the estate or interest claimed and registers a certificate of pending litigation.
Part 19.1, sections 294.1 to 294.9 were enacted by 2004-66-116, effective January 20, 2005 (BC Reg 16/2005).
Section 294.21 (1) BEFORE amended by 2005-35-15(a), effective November 24, 2005 (Royal Assent).
(1) In this section, "purchaser" means a purchaser in good faith and for valuable consideration and includes a mortgagee or lessee.
Section 294.21 (2) BEFORE amended by 2005-35-15(b), effective November 24, 2005 (Royal Assent).
(2) Despite anything to the contrary in this Act, no purchaser is subject to a proceeding under this Part in respect of land of which the purchaser is the registered owner, for
(a) recovery of land,
(b) deprivation of land, or
(c) damages in respect of land
on the ground that the purchaser's vendor or transferor
(d) may have been registered as owner through fraud, error or a wrongful act, or
(e) may have derived title from or through a person registered as owner through fraud, error or a wrongful act.
Section 294.21 (3) BEFORE repealed by 2005-35-15(c), effective November 24, 2005 (Royal Assent).
(3) A person taking under a void instrument is not a purchaser and acquires no interest in the land by registration of the instrument.
Section 294.22 (2) BEFORE amended by 2005-35-16, effective November 24, 2005 (Royal Assent).
(2) A person sustaining loss or damages caused solely as a result of an omission, mistake or misfeasance of the registrar, or a person acting under the registrar's direction, in the execution of their respective duties under this Act, may, subject to section 294.6 [limitation of liability of fund], proceed in court against the Land Title and Survey Authority as nominal defendant for the purpose of recovering the amount of the loss or damages and costs from the fund.
Section 294.6 (f) BEFORE amended by 2005-35-17, effective November 24, 2005 (Royal Assent).
(f) if the loss, damage or deprivation has been caused or contributed to by the act, neglect or default of the plaintiff,
Section 294.6 (h) BEFORE amended by 2007-24-27, effective January 1, 2005 [retro from May 31, 2007 (Royal Assent)].
(h) occasioned by an act or omission of the government, or an agent or employee of the government, in relation to the general index that is referred to in section 250 of the Strata Property Act including, without limitation,
Section 294.6 (b) (iii) BEFORE amended by 2023-10-472, effective March 30, 2023 (Royal Assent).
(iii) the improper use of the seal of a corporation or by an act of an authorized signatory of a corporation who exceeds his or her authority,
Section 295 (1) BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
(1) The assurance fund existing in the Provincial Treasury is continued for the purposes of this Act, and together with all sums accrued or accruing on it must be invested by the Minister of Finance and Corporate Relations in securities approved by the Lieutenant Governor in Council.
Section 295 (1) BEFORE amended by 2004-66-119, effective January 20, 2005 (BC Reg 16/2005).
(1) The assurance fund existing in the Provincial Treasury is continued for the purposes of this Act, and together with all sums accrued or accruing on it must be invested by the minister charged with the administration of the Financial Administration Act in securities approved by the Lieutenant Governor in Council.
Section 296 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Remedies of person deprived of land
296 (1) In this Part, "court" means the Supreme Court.
(2) A person, in this Part referred to as the "claimant",
(a) who is deprived of any estate or interest in land
(i) because of the conclusiveness of the register, in circumstances where, if this Act had not been passed, the claimant would have been entitled to recover the land from the present owner, and
(ii) in consequence of fraud or a wrongful act in respect of the registration of a person other than the claimant as owner of the land, and
(b) who is barred by this Act or by any other Act, or otherwise precluded from bringing an action
(i) for possession, or any other remedy for the recovery of land, or
(ii) for rectification of the register,
may, subject to subsections (3) and (4), proceed in court for the recovery of damages against the person by whose fraud or wrongful act the claimant has been deprived of the land.
(3) In a proceeding under subsection (2), the Attorney General must be joined as a nominal party defendant as a condition of recovering damages and costs from the assurance fund, and the Attorney General has the right in the proceedings to all the defences available to the Attorney General or any other person for the purpose of protecting the assurance fund.
(4) If the person liable for damages is dead, or cannot be found in British Columbia, a claimant may, instead of proceeding against that person, proceed in court for the recovery of damages and costs against the Attorney General as nominal defendant and recovering the amount of the damages and costs from the assurance fund, and the Attorney General has in the proceedings all the rights and defences under subsection (3).
(a) final judgment has been given against the person liable for damages under subsection (2) in a proceeding in which the Attorney General has been joined as a party defendant, and
(b) the court, on the application of the plaintiff supported by evidence satisfactory to the court, certifies to the Minister of Finance and Corporate Relations that the plaintiff has taken all reasonable steps to recover the amount of damages and costs awarded by the judgment from the person so liable, but the plaintiff has been unable to recover all or part of them,
on receipt of a certified copy of the judgment and the certificate of the court, the Minister of Finance and Corporate Relations must
(c) pay the amount of the damages and costs so awarded or the unrecovered balance of them, as the case may be, on account of the person liable for the damages or the person's personal representatives, and
(d) charge the amount to the assurance fund.
(6) If the person bringing an action under subsection (4) recovers final judgment against the Attorney General, the registrar of the court must certify to the Minister of Finance and Corporate Relations the fact of the judgment and the amount of the damages and costs recovered.
(7) On receipt of a certificate under subsection (6), the Minister of Finance and Corporate Relations must pay the amount of the damages and costs on account of the person liable for the damages or the person's personal representative, and must charge the amount to the assurance fund.
(8) A proceeding for the recovery of damages sustained through the deprivation of land may not be brought under this section
(a) against the Attorney General, or
(b) against the person by whose fraud or wrongful act the person entitled to the land has been deprived of it,
unless the proceeding is commenced within 6 years after the deprivation occurs.
(9) If a person is under a disability, the Limitation Act applies to this section.
Section 296 (5), (6) and (7) BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
(5) If
(a) final judgment has been given against the person liable for damages under subsection (2) in a proceeding in which the minister has been joined as a party defendant, and
(b) the court, on the application of the plaintiff supported by evidence satisfactory to the court, certifies to the Minister of Finance and Corporate Relations that the plaintiff has taken all reasonable steps to recover the amount of damages and costs awarded by the judgment from the person so liable, but the plaintiff has been unable to recover all or part of them,
on receipt of a certified copy of the judgment and the certificate of the court, the Minister of Finance and Corporate Relations must
(c) pay the amount of the damages and costs so awarded or the unrecovered balance of them, as the case may be, on account of the person liable for the damages or the person's personal representatives, and
(d) charge the amount to the assurance fund.
(6) If the person bringing an action under subsection (4) recovers final judgment against the minister, the registrar of the court must certify to the Minister of Finance and Corporate Relations the fact of the judgment and the amount of the damages and costs recovered.
(7) On receipt of a certificate under subsection (6), the Minister of Finance and Corporate Relations must pay the amount of the damages and costs on account of the person liable for the damages or the person's personal representative, and must charge the amount to the assurance fund.
Section 296 (8) BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
(8) A proceeding for the recovery of damages sustained through the deprivation of land may not be brought under this section
(a) against the minister, or
(b) against the person by whose fraud or wrongful act the person entitled to the land has been deprived of it,
unless the proceeding is commenced within 6 years after the deprivation occurs.
Section 297 (1) BEFORE amended by 2005-35-18(a), effective November 24, 2005 (Royal Assent).
(1) In this Part, "court" means the Supreme Court.
Section 297 (2) BEFORE amended by 2005-35-18(b), effective November 24, 2005 (Royal Assent).
(2) A person, in this Part referred to as the "claimant",
(a) who is deprived of any estate or interest in land
(i) because of the conclusiveness of the register, in circumstances where, if this Act had not been passed, the claimant would have been entitled to recover the land from the present owner, and
(ii) in consequence of fraud or a wrongful act in respect of the registration of a person other than the claimant as owner of the land, and
(b) who is barred by this Act or by any other Act, or otherwise precluded from bringing an action
(i) for possession, or any other remedy for the recovery of land, or
(ii) for rectification of the register,
may, subject to subsections (3) and (4), proceed in court for the recovery of damages against the person by whose fraud or wrongful act the claimant has been deprived of the land.
Section 297 (3) BEFORE repealed by 2005-35-18(c), effective November 24, 2005 (Royal Assent).
(3) A person taking under a void instrument is not a purchaser and acquires no interest in the land by registration of the instrument.
Section 298 (2) BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
(2) Despite the Limitation Act, an action may not be brought against the minister under this section unless the action is commenced within a period of 6 years from the time the loss or damage occurred.
Section 298 (3) and (4) BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
(3) If the person bringing an action under subsection (1) recovers final judgment against the minister, the registrar of the court must certify to the Minister of Finance and Corporate Relations the fact of the judgment and the amount of the damages and costs recovered.
(4) The Minister of Finance and Corporate Relations must, on receipt of the certificate under subsection (3), pay the amount of the damages and costs, and must charge the amount to the assurance fund.
Section 298 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Fault of registrar
298 (1) A person sustaining loss or damages caused solely as a result of an omission, mistake or misfeasance of the registrar, or the registrar's employees, in the execution of their respective duties under this Act, may, subject to section 303, proceed in the Supreme Court against the Attorney General as nominal defendant for the purpose of recovering the amount of the loss or damages and costs from the assurance fund.
(2) Despite the Limitation Act, an action may not be brought against the Attorney General under this section unless the action is commenced within a period of 6 years from the time the loss or damage occurred.
(3) If the person bringing an action under subsection (1) recovers final judgment against the Attorney General, the registrar of the court must certify to the Minister of Finance and Corporate Relations the fact of the judgment and the amount of the damages and costs recovered.
(4) The Minister of Finance and Corporate Relations must, on receipt of the certificate under subsection (3), pay the amount of the damages and costs, and must charge the amount to the assurance fund.
Section 299 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Notice of actions against Attorney General
299 (1) A proceeding against the Attorney General, or in which the Attorney General is required to be joined as a party defendant under this Part, may not be commenced until the expiration of one month after a notice of the intended proceeding, setting out
(a) the particulars of the claim, and
(b) fully and fairly all the material facts of the matter,
has been served on the Attorney General and on the registrar.
(2) The Attorney General may, on application supported by an affidavit, grant relief in whole or in part from strict compliance with subsection (1).
Section 300 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Liability of plaintiff for costs
300 (1) A plaintiff in an action is liable to pay the full costs of the action if
(a) judgment is given in favour of the Attorney General as nominal defendant,
(b) the plaintiff discontinues the action, or
(2) The costs when taxed must be levied in the name of the Attorney General as nominal defendant by similar process or execution as in other actions.
(3) Despite subsection (1), if, in the opinion of the Attorney General, a point of law of a novel nature and of public importance arises in the proceedings, the Attorney General may waive all of the costs, or a portion the Attorney General considers just.
Section 301 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Actions against Attorney General
301 An action against the Attorney General, or in which the Attorney General is joined as a party defendant, must be brought against the Attorney General by the name of that office, and is not in any way affected and does not abate by a vacancy or change occurring in that office.
Section 298 (1) BEFORE amended by 2004-66-120, effective January 20, 2005 (BC Reg 16/2005).
(1) A person sustaining loss or damages caused solely as a result of an omission, mistake or misfeasance of the registrar, or the registrar's employees, in the execution of their respective duties under this Act, may, subject to section 303, proceed in the Supreme Court against the minister as nominal defendant for the purpose of recovering the amount of the loss or damages and costs from the assurance fund.
Section 298 (1) BEFORE amended by 2005-35-19, effective November 24, 2005 (Royal Assent).
(1) A person sustaining loss or damages caused solely as a result of an omission, mistake or misfeasance of the registrar, or a person acting under the registrar's direction, in the execution of their respective duties under this Act, may, subject to section 303, proceed in the Supreme Court against the minister as nominal defendant for the purpose of recovering the amount of the loss or damages and costs from the assurance fund.
Section 302 BEFORE amended by 2003-66-35 and 2003-66-45, effective October 23, 2003 (Royal Assent).
Judgment against person liable
302 (1) If an amount has been paid by the Minister of Finance and Corporate Relations in respect of a judgment recovered under section 296, the Supreme Court,
(a) on an application by the Attorney General without notice to any person, and
(b) on the production of a certificate signed by the Minister of Finance and Corporate Relations certifying that the amount has been paid in satisfaction of the judgment,
may order that judgment be entered for the amount so paid, together with the costs of the application, in favour of the Attorney General for the benefit of the assurance fund against the person liable for damages and costs and on whose account the amount has been paid, or against the personal representatives of that person.
(2) A judgment so entered is final, and is enforceable in the name of the Attorney General by similar process or execution as in the case of other judgments.
Section 303 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Limitation of liability of assurance fund
303 The assurance fund or the Attorney General as nominal defendant is not under any circumstances liable for compensation for loss, damage or deprivation
(a) occasioned to or suffered by
(i) the owner of undersurface rights, or
(ii) an equitable mortgagee by deposit of the duplicate indefeasible title, whether or not accompanied by a memorandum of deposit,
(i) the breach by a registered owner of a trust, whether express, implied, constructive or statutory,
(ii) land being included under an indefeasible title with other land through misdescription of boundaries or parcels of land,
(iii) the improper use of the seal of a corporation or by an act of an authorized signatory of a corporation who exceeds his or her authority,
(iv) the dissolution of a corporation, or its lack of capacity to hold and dispose of land, or
(v) the issue of a provisional certificate of title,
(c) if the land in question may have been included in 2 or more grants from the Crown,
(d) because of an error or shortage in area of a lot, block or subdivision or in volume of an air space parcel, according to a plan filed or deposited in the office of the registrar,
(e) if the plaintiff, or the person through or under whom the plaintiff claims,
(i) was served with notice in any manner permitted by this Act, or
(ii) not being served with notice, had knowledge that the registrar or an employee of the registrar was about to commit the act through which the plaintiff claims to have suffered damages,
unless the person so served or having knowledge took and maintained the proper proceedings to establish the person's claim to the land, or to prevent that act on the part of the registrar or the employee for service of a notice,
(f) if the loss, damage or deprivation has been caused or contributed to by the act, neglect or default of the plaintiff,
(g) if the loss, damage or deprivation arises out of a matter in respect of which the registrar is by any Act or law not required, either expressly or by necessary implication, to inquire, or
(h) occasioned by an act or omission of the government, or an agent or employee of the government, in relation to the general index that is referred to in section 250 of the Strata Property Act including, without limitation,
(i) making an endorsement on the general index,
(ii) failing or delaying to file a document or to make an endorsement on the general index,
(iii) making an error in an endorsement on the general index, or
(iv) giving or omitting to give advice concerning the general index.
Section 303 (d) BEFORE amended by 2004-66-121, effective January 20, 2005 (BC Reg 16/2005).
(d) because of an error or shortage in area of a lot, block or subdivision or in volume of an air space parcel, according to a plan filed or deposited in the office of the registrar,
Section 303 (e) BEFORE amended by 2004-66-122, effective January 20, 2005 (BC Reg 16/2005).
(e) if the plaintiff, or the person through or under whom the plaintiff claims,
(i) was served with notice in any manner permitted by this Act, or
(ii) not being served with notice, had knowledge that the registrar or an employee of the registrar was about to commit the act through which the plaintiff claims to have suffered damages,
unless the person so served or having knowledge took and maintained the proper proceedings to establish the person's claim to the land, or to prevent that act on the part of the registrar or the employee for service of a notice,
Section 303 (f) BEFORE amended by 2005-35-20, effective November 24, 2005 (Royal Assent).
(f) if the loss, damage or deprivation has been caused or contributed to by the act, neglect or default of the plaintiff,
Section 303 (b) (iii) BEFORE amended by 2023-10-472, effective March 30, 2023 (Royal Assent).
(iii) the improper use of the seal of a corporation or by an act of an authorized signatory of a corporation who exceeds his or her authority,
Section 304 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Recovery limited to value of land
304 (1) A person is not entitled to recover from the Attorney General as nominal defendant or the assurance fund an amount for compensation, in respect of loss, damage or deprivation of land, greater than the value of the land at the time of the loss, damage or deprivation.
(2) In ascertaining the compensation, the value of buildings and other improvements erected or made subsequent to the loss, damage or deprivation must be excluded.
Section 305 BEFORE amended by 2003-66-35 and 2003-66-45, effective October 23, 2003 (Royal Assent).
Payment from assurance fund without action
305 (1) The Attorney General, without a proceeding being brought, may admit or compromise a claim made under this Part against the assurance fund, and may authorize payment of all or part of the claim.
(2) Despite subsection (1), the registrar, with the approval of the director, may admit or compromise a claim by payment of the claim or an amount not exceeding $5 000, whichever is less, and authorize payment from the assurance fund.
(3) The Minister of Finance and Corporate Relations, on receipt of authorization from the Attorney General or the director, as the case may be, must pay out of the assurance fund the amount so authorized to the person entitled to it.
Section 305 (3) BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
(3) The Minister of Finance and Corporate Relations, on receipt of authorization from the minister or the director, as the case may be, must pay out of the assurance fund the amount so authorized to the person entitled to it.
Section 306 BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
Payment from consolidated revenue fund
306 The Minister of Finance and Corporate Relations must pay from the consolidated revenue fund the amount of a claim or judgment in respect of which the assurance fund is liable if there is not at that time a sufficient amount at the credit of the assurance fund.
Section 307 BEFORE amended by 2003-66-45, effective October 23, 2003 (Royal Assent).
Withholding of payment until proceedings concluded
307 The Minister of Finance and Corporate Relations is not bound to make payment under this Part in the case of a final judgment until
(a) the time allowed for appeal from the judgment has expired, or
(b) the determination of all proceedings in the action, including appeals.
Section 308 (1) BEFORE amended by 2004-12-26, effective March 31, 2004 (Royal Assent).
(1) If the registrar refuses to proceed with an application under this Act, the registrar must forthwith serve a notice in writing on the applicant, or the solicitor or agent of the applicant, of the registrar's refusal, stating briefly the reasons and the registrar's requirements, and if a subsequent application is affected by the refusal, the registrar must similarly serve a notice on the subsequent applicant.
Section 308 (2) (b) BEFORE amended by 2004-66-123, effective January 20, 2005 (BC Reg 16/2005).
(b) the fee for the notice is paid
Section 308 (3) (b) BEFORE amended by 2004-66-123, effective January 20, 2005 (BC Reg 16/2005).
(b) the fee for the notice is not paid
Section 308 (1) BEFORE amended by 2006-24-44, effective July 21, 2006 (BC Reg 229/2006).
(1) If the registrar refuses to proceed with an application, including an electronic application as defined in section 168.1, the registrar must forthwith serve written notice in the form approved by the director of the refusal, stating briefly the reasons and the registrar's requirements,
(a) in the case of an electronic application, on the submitter of the application, and
(b) otherwise, on the applicant, or the solicitor or agent of the applicant,
and if a subsequent application is affected by the refusal, the registrar must similarly serve a notice on the subsequent submitter or applicant, as applicable.
Section 308 (4) BEFORE amended by 2018-37-23, effective October 31, 2018 (Royal Assent).
(4) The registrar may, in the registrar's discretion, on request at any time before the lapse of the period referred to in subsection (2), extend the time for making the application under section 309 or for fulfilling the registrar's requirements, as the case may be.
Section 308 (1) BEFORE amended by 2018-37-22, effective November 15, 2019 (BC Reg 171/2019).
(1) If the registrar refuses to proceed with an application, including an electronic application or electronic plan application, as those terms are defined in section 168.1, the registrar must forthwith serve written notice in the form approved by the director of the refusal, stating briefly the reasons and the registrar's requirements,
(a) in the case of an electronic application or electronic plan application, on the submitter of the application, and
(b) otherwise, on the applicant, or the solicitor or agent of the applicant,
and if a subsequent application is affected by the refusal, the registrar must similarly serve a notice on the subsequent submitter or applicant, as applicable.
Section 309 (1) BEFORE amended by 2004-12-27, effective March 31, 2004 (Royal Assent).
(1) An applicant may, within 21 days after service on the applicant of a notice under section 308, make an application in the nature of an appeal to the Supreme Court, supported by an affidavit of the applicant and of other persons if necessary, stating
(a) the material facts of the case, and
(b) that to the best of the information, knowledge and belief of the deponents, all facts and things material to the title have been fully and fairly disclosed.
Section 318 (2) (e) BEFORE amended by 2023-10-473, effective March 30, 2023 (Royal Assent).
(e) by publication, for such time as the registrar considers sufficient, of a notice in a newspaper circulating in the area, whether in or out of British Columbia, where the person to be served had his or her last known place of business or residence, or in the area in which the land affected is located,
Section 319 (2) (a) BEFORE amended by 2009-13-233, effective March 31, 2014 (BC Reg 148/2013).
(a) the will of the deceased has not been proved, nor letters of administration granted, or
Section 322 definition of "complete survey" BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
"complete survey" means a survey that, in addition to the requirements for a block outline survey, also defines on the ground every angle of every parcel and is otherwise sufficient as a basis for the preparation of a plan of the land affected in compliance with section 67, or with only those deviations from the requirements of that section that the Attorney General may consider proper under the circumstances of any particular case;
Section 322 definition of "parcel" BEFORE repealed by BC Reg 334/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 334/2006).
"parcel" means any lot, block or other area in which land is held or into which land is subdivided;
Section 322 definition of "proper officer", paragraph (b) BEFORE repealed by BC Reg 334/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 334/2006).
(b) if the land to which the context applies is located outside a municipality, the Provincial Assessor of the assessment district within which the land is located;
Section 323 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Attorney General may order special survey
323 If
(a) an error appears in or doubt exists as to the accuracy of an existing survey or plan,
(b) a discrepancy exists or is thought to exist between the occupation of a parcel and a registered subdivision plan or other plan or description under which it is held,
(c) parcels in which land is held are not shown on a registered subdivision plan,
(d) doubt exists as to the true location of a highway or as to a boundary line between parcels which it is desirable to remove by defining it without dealing with the other boundary lines of contiguous parcels, or
(e) the Attorney General, in his or her discretion, considers it advisable,
the Attorney General,
(f) on the request of the council of the municipality within which the land affected is located, by resolution, undertaking to pay the costs of the special survey either directly or by way of advance,
(g) on the request of the registrar,
(h) on request of 2 or more registered owners of land affected, or
(i) without a request if the Attorney General thinks proper,
may order a special survey of land to be made by a British Columbia land surveyor approved by the Surveyor General, and may require a survey to be made and a plan to be prepared in accordance with this Part.
Section 323 BEFORE renumbered as 323 (1) and (2) was added by 2004-66-124, effective January 20, 2005 (BC Reg 16/2005).
Section 323 (1) (e) BEFORE amended by 2023-10-474, effective March 30, 2023 (Royal Assent).
(e) the minister, in his or her discretion, considers it advisable,
Section 326 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Power to amend order if land subsequently becomes included within municipality
326 (1) If land affected by the order for a special survey is located in a rural area, and before the completion of the survey becomes included, either in whole or in part, within a municipality, the costs and expenses as to the area of land comprised in the municipality and their apportionment must be in accordance with section 324, and in respect of the land, if any, not included the costs and expenses and apportionment must be in accordance with section 325.
(2) The Attorney General may order that the municipality pay to the government all money advanced out of the consolidated revenue fund under section 325 in respect of the land included within the municipality.
(3) A special survey to which section 324, 325 or this section applies may be continued without any request or undertaking by way of resolution of the council of the municipality affected.
Section 327 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Advancement of costs by municipality or owners
327 (1) If a special survey is directed in respect of any matter referred to in section 323 (d), the Attorney General may by order require any municipality affected or the registered owners of the land affected to provide the costs and expenses of the survey or a proportionate part of it in advance as a condition to the institution of the survey.
(2) Attorney General may give directions the Attorney General considers advisable concerning the apportionment of the costs and expenses of the survey.
Section 327 (2) BEFORE amended by 2005-01-20, effective January 20, 2005 (BC Reg 16/2005).
(2) Minister may give directions the minister considers advisable concerning the apportionment of the costs and expenses of the survey.
Section 328 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Transmittal of copy of order to proper officer and registrar
328 (1) On making the order for a special survey, the Attorney General must transmit a certified copy of the order to the proper officer of the municipality or district and to the registrar.
(2) After receipt of the copy the registrar must not allow the registration of any subdivision of any parcel of land comprised within the limits of the special survey until the plan of special survey has been finally received on deposit in the registrar's office, unless otherwise instructed by the Attorney General.
Section 328 (2) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(2) After receipt of the copy the registrar must not allow the registration of any subdivision of any parcel of land comprised within the limits of the special survey until the plan of special survey has been finally received on deposit in the registrar's office, unless otherwise instructed by the minister.
Section 329 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Notice of special survey
329 (1) On receipt of the copy of the order for a special survey, the proper officer must give to the registered owner of each parcel comprised within the limits of the survey, and to each registered holder of a charge on it, a notice in writing stating the following:
(a) that the order has been made by the Attorney General for a special survey of the land affected, describing it as in the order;
(b) the name of the registered owner of the parcel covered by the notice, and that the parcel is located within the area to be specially surveyed, and that the boundaries of the parcel will be determined by the survey;
(c) the description of the parcel covered by the notice;
(d) the name and address of the surveyor directed to make the survey;
(e) that any information in the possession of the person to whom the notice is given with regard to previous surveys or monuments in the area affected by the order should be given to the surveyor.
(2) The notice under subsection (1) may be given
(a) by personal service on the person to whom it is directed,
(b) by mailing it by letter post, postage prepaid and registered, addressed to the person to whom it is directed at the person's address as shown on any instrument or record by which the person is registered as owner of the parcel affected, or as holder of a charge on it, or at the person's address as last known to the official by whom the notice is given, or
(c) under any direction which may be given by the registrar for the substituted or other service of the notice by any method of service which the registrar is authorized to direct in respect of notices required to be given under this Act.
(3) The proper officer must keep a record of all notices given by the officer under this section by entering in a list the name of the registered owner of each parcel comprised within the limits of the survey, and showing opposite each name the names of the persons to whom notice was given in respect of that parcel and the date and method of service of each notice and, on the completion of giving the notices, the proper officer must transmit to the Attorney General a certified copy of the record kept.
(4) The registrar, on the request of the proper officer, must provide the names of the registered owners of the land affected by the special survey and any other information required, and the registrar must charge fees the registrar sets in each case on the basis of a reasonable return to the registrar's office for the cost of providing the information.
Section 329 (4) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(4) The registrar, on the request of the proper officer, must provide the names of the registered owners of the land affected by the special survey and any other information required, and the registrar must charge fees the registrar sets in each case on the basis of a reasonable return to the registrar's office for the cost of providing the information.
Section 331 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Preliminary procedure
331 The surveyor must proceed to retrace the existing outside boundaries of the land described in the order for the special survey, and must report on that to the Attorney General either
(a) that the boundaries are well defined and there is no danger of contest arising with owners outside and adjacent to the special survey area, in which event the surveyor must proceed with the survey without further directions, or
(b) that the boundaries are uncertain and there is danger of a conflict, and, if the circumstances warrant, that a conflict may be avoided or minimized by including in the survey further adjacent land.
Section 332 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Supplemental order or direction of Attorney General
332 On receipt of a report in the terms of section 331 (b) the Attorney General may either
(a) make a supplemental order extending the boundaries of the special survey area to include the land, if any, recommended by the surveyor, and then the order must apply to that land as fully and effectually as if it had been included in the original limits of the special survey, or
(b) direct the surveyor to provide a plan of the external boundaries of the special survey area either as originally defined or as including the adjacent land recommended by the surveyor, or of that portion of the external boundaries as is in doubt, in which case the surveyor must provide a plan showing the adjacent parcels of land, the owners of which would be affected by the final adoption of the boundary lines recommended by the surveyor,
and in any event may amend the termination date of the period within which the survey is to be made if a period has been prescribed under section 330.
Section 333 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Procedure for fixing boundary of survey area
333 (1) On receipt of a plan provided under section 332 (b), the Attorney General must deposit a copy with the proper officer and in the land title office, and the proper officer must give to the registered owner of each parcel adjacent to the boundary line shown on the plan, and to each registered owner of a charge on it, and to another person, as directed by the Attorney General, a notice in writing stating that the plan has been deposited, and that the line as shown on it will be adopted as the boundary line between the special survey area and the adjacent land, and that the interests of the person to whom the notice is directed are affected by the survey, and setting a time and place for the hearing of any complaint that may be made against the adoption of the line as the boundary of the special survey area, and thereafter the procedure under section 344 and following sections, in regard to the filing of objections and hearing, must be followed as far as applicable and with the necessary changes, and the Attorney General must, by supplemental order, fix as the boundary of the special survey area either the line recommended by the surveyor or any other line which on the evidence before him appears as the proper boundary.
(2) The line fixed finally determines the boundary between the land in the special survey area and adjacent land, and if any damages or compensation are awarded to the registered owners of land outside the special survey area they form part of and must be paid out of the same fund as the expenses of the survey.
Section 333 (1) BEFORE amended by 2023-10-475, effective March 30, 2023 (Royal Assent).
(1) On receipt of a plan provided under section 332 (b), the minister must deposit a copy with the proper officer and in the land title office, and the proper officer must give to the registered owner of each parcel adjacent to the boundary line shown on the plan, and to each registered owner of a charge on it, and to another person, as directed by the minister, a notice in writing stating that the plan has been deposited, and that the line as shown on it will be adopted as the boundary line between the special survey area and the adjacent land, and that the interests of the person to whom the notice is directed are affected by the survey, and setting a time and place for the hearing of any complaint that may be made against the adoption of the line as the boundary of the special survey area, and thereafter the procedure under section 344 and following sections, in regard to the filing of objections and hearing, must be followed as far as applicable and with the necessary changes, and the minister must, by supplemental order, fix as the boundary of the special survey area either the line recommended by the surveyor or any other line which on the evidence before him appears as the proper boundary.
Section 338 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Appointment of substituted surveyor
338 (1) The Attorney General may, after a special survey has been ordered, appoint another surveyor approved by the Surveyor General in the place of the surveyor directed to make the survey, and may, by the order appointing the substituted surveyor, direct that as much of the special survey as had been made by the surveyor first appointed must be adopted and made use of by the substituted surveyor, and may then, or after the completion of the special survey, determine how and by whom the work of the surveyor first appointed is to be certified or otherwise authenticated.
(2) The special survey, although made by more than one surveyor, is, on its final approval, as valid and binding for all purposes as if made by the surveyor first appointed.
Section 339 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Report of surveyor
339 (1) On completion of the survey, the surveyor must prepare and deposit with the Attorney General a plan in triplicate, together with 3 blue print copies of it on blue print cloth, and a report in triplicate, which must deal with the cost of the survey, the difficulties encountered, the evidence concerning the re-establishment of original and lost monuments, the system of survey employed, the degree of accuracy obtained and the nature of all monuments erected, and must provide other information bearing on the survey as may be of service in the consideration of the report and plan.
(2) The surveyor must include in the report in concise and tabulated form
(a) a list of all parcels comprised within the limits of the survey, with the names of the respective registered owners,
(b) a list of all parcels the boundaries of which appear as altered by the plan, with a statement showing how they are altered,
(c) a statement of the costs and expenses of the survey, showing the respective areas of parcels consisting of highways or Crown land, and of land of private owners, and an apportionment of the costs and expenses in accordance with sections 324, 325 and 326, and
(d) a statement containing an estimate of the damage or increased value of each parcel occasioned by the alterations affected by the plan, and showing in detail a just and equitable apportionment among the registered owners of the parcels affected, and the method adopted as the basis of the apportionment in each case.
Section 340 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Notice to registrar
340 On receipt of the surveyor's report, the Attorney General must transmit one of the blue print copies of the plan and a copy of the report to the registrar, together with a notice stating that the special survey has been completed and the plan deposited by the surveyor under this Part.
Section 341 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Notice to proper officer
341 The Attorney General must also transmit to the proper officer of the municipality or district in which the land affected is located one of the blue print copies of the plan and a copy of the report, together with a notice stating that the special survey has been completed and the plan deposited by the surveyor under this Part.
Section 341 BEFORE amended by 2003-52-152, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
Notice to proper officer
341 The minister must also transmit to the proper officer of the municipality or district in which the land affected is located one of the blue print copies of the plan and a copy of the report, together with a notice stating that the special survey has been completed and the plan deposited by the surveyor under this Part.
Section 341 BEFORE amended by 2004-66-126, effective January 1, 2004 [retro from October 21, 2004 (Royal Assent)].
341 The Attorney General must also transmit to the corporate officer of the municipality or regional district in which the land affected is located one of the blue print copies of the plan and a copy of the report, together with a notice stating that the special survey has been completed and the plan deposited by the surveyor under this Part.
Section 342 (1) BEFORE amended by 2004-66-121, effective January 20, 2005 (BC Reg 16/2005).
(1) On receipt of the notice from the minister, the proper officer must give to the same persons to whom notice is required to be given under section 329, and in the same manner as provided for the giving of notices under that section, a notice containing a copy of section 344, and stating that the special survey has been completed and that copies of the plan and the surveyor's report may be inspected in his or her office and in the office of the registrar and that the interests of the persons to whom the notice is directed may be affected by the survey, and that a time and place will be set by the minister for hearing complaints and claims for compensation, and that notice of the time and place will appear in the Gazette and in a newspaper circulating in the area in which the land affected by the special survey is located.
Section 342 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Notice of completion of survey
342 (1) On receipt of the notice from the Attorney General, the proper officer must give to the same persons to whom notice is required to be given under section 329, and in the same manner as provided for the giving of notices under that section, a notice containing a copy of section 344, and stating that the special survey has been completed and that copies of the plan and the surveyor's report may be inspected in his or her office and in the office of the registrar and that the interests of the persons to whom the notice is directed may be affected by the survey, and that a time and place will be set by the Attorney General for hearing complaints and claims for compensation, and that notice of the time and place will appear in the Gazette and in a newspaper circulating in the area in which the land affected by the special survey is located.
(2) The proper officer must keep a record of all notices given by the officer under this section, in the same manner as provided for the keeping of a record under section 329, and must, on completion of the giving of notices required by this section, transmit to the Attorney General a certified copy of the record.
Section 342 (1) BEFORE amended by 2023-10-476, effective March 30, 2023 (Royal Assent).
(1) On receipt of the notice from the minister, the proper officer must give to the same persons to whom notice is required to be given under section 329, and in the same manner as provided for the giving of notices under that section, a notice containing a copy of section 344, and stating that the special survey has been completed and that copies of the plan and the surveyor's report may be inspected in his or her office and in the land title office and that the interests of the persons to whom the notice is directed may be affected by the survey, and that a time and place will be set by the minister for hearing complaints and claims for compensation, and that notice of the time and place will appear in the Gazette and in a newspaper circulating in the area in which the land affected by the special survey is located.
Section 343 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Notice of hearing
343 The Attorney General must publish in the Gazette and in a newspaper circulating in the area in which the land affected by the special survey is located a notice stating that the plan of special survey, accompanied by a report of the surveyor, has been deposited with the Attorney General and will be submitted to the Lieutenant Governor in Council for approval under this Part and setting a time and place for the hearing of complaints against the survey plan or report, or claim for compensation that may be made by any person interested in the land affected by the survey.
Section 344 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Statement of complaint or claim
344 A person who wishes to complain against the special survey plan or report or to claim compensation must, not less than 7 days before the date set for the hearing, deliver to the Attorney General a written statement setting out the nature and grounds of the complaint or claim.
Section 346 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Subpoena
346 (1) The Attorney General or the person appointed to conduct the hearing, or, on the order of either of them, any person interested, may obtain and issue out of the Supreme Court a subpoena commanding the attendance for examination of a witness and the production by that witness of any document or plan at the time and place mentioned in the subpoena.
(2) Disobedience of a subpoena issued under subsection (1) is deemed to be a contempt of court, and is punishable in the same manner and to the same extent as in the case of subpoenas issued out of the Supreme Court in civil causes.
(3) The same fees are payable for subpoenas issued under this Part as in the case of subpoenas issued out of the Supreme Court in civil causes, and the witnesses are entitled to the same allowances for their attendance at the hearing as in cases of attendance under subpoena in the Supreme Court in civil causes.
Section 347 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Method of conducting hearing
347 (1) The Attorney General or person appointed to conduct the hearing may in the hearing receive any evidence which he or she thinks proper to admit, and may take a view, and may examine on oath any person interested and such witnesses as appear before him or her, and may adjourn the hearing whether or not any of the persons interested are present at the time of the adjournment.
(2) At the conclusion of the hearing the person appointed to conduct the hearing must report to the Attorney General the person's recommendations, together with the evidence and exhibits.
Section 347 (1) BEFORE amended by 2023-10-477, effective March 30, 2023 (Royal Assent).
(1) The minister or person appointed to conduct the hearing may in the hearing receive any evidence which he or she thinks proper to admit, and may take a view, and may examine on oath any person interested and such witnesses as appear before him or her, and may adjourn the hearing whether or not any of the persons interested are present at the time of the adjournment.
Section 348 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Power of Attorney General to decide complaints and claims and make order
348 If no complaint or claim for compensation in writing has been delivered to the Attorney General within the time allowed for the delivery of complaints and claims, then at any time after that, or if any complaint or claim has been delivered, then on or after the hearing of the complaint or claim, or on the report of the person appointed to conduct the hearing, or on further investigation or evidence, the Attorney General may, by order,
(a) adopt or vary the reports of the surveyor and of the person appointed to conduct the hearing,
(b) decide the matter of any complaint or claim in a manner as to the Attorney General appears just and equitable under all the circumstances,
(c) set the amount of compensation to which a complainant will be entitled because of the adoption of the special survey and plan,
(d) determine in conformity with the report of the surveyor, or person appointed to conduct the hearing or otherwise, the amounts of compensation to which persons other than the complainants are entitled,
(e) direct that the compensation awarded to one or more or to all claimants be paid by the municipality or by the Crown, or by the registered owner of any parcel receiving unequal benefit from the survey, and in the last mentioned case direct that the amount of compensation be paid to the municipality or the Crown to be paid out to the person entitled to it on payment of or after deduction of the person' share of the costs and expenses of the survey,
(f) direct that the compensation be paid by the municipality or the Crown as part of the expenses of the survey,
(g) specify the land within the special survey area which is to be charged with compensation paid under paragraph (f), and direct the manner in which the compensation is to be apportioned,
(h) determine the amount of costs and expenses of the special survey, including fees of a person appointed to perform a function under this Part, costs of serving notices, witness fees, advertising and other expenses in connection with the survey; and order to and by what persons and in what proportions or amounts the costs and expenses are to be chargeable and payable, and
(i) determine or direct any other matter necessary in connection with the survey, including alterations in the plan and in the markings on the ground, and the manner in which the title to any parcel may be vested or the parcel disposed of, and also the manner and the time within which fences, buildings and other structures may be torn down, removed or dealt with.
Section 349 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Principles for determining compensation
349 In determining all questions relating to compensation, the Attorney General must be guided by the principle that as the survey was undertaken for the benefit of all registered owners within the special survey area, such registered owners should in proportion to the area of their respective parcels share any loss and any advantage occasioned by and accruing from the special survey, and that if for the general benefit or for the preservation of individual improvements the surveyor has reduced the area of any parcel, the registered owner should receive compensation from the registered owner benefited or from a general fund formed by payments from the registered owners benefited, as the case may be, and that any registered owner who has been benefited should contribute an adequate amount to the general fund or pay it to the registered owner who has suffered loss, as the case may be.
Section 350 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Approval of survey and plan by Lieutenant Governor in Council
350 At any time after the Attorney General has disposed of the complaints against the special survey and claims, if any, and without further notice to the parties interested, the Lieutenant Governor in Council may by order in council, embodying in it the order made by the Attorney General under section 348,
(a) confirm the order and findings of the Attorney General made under section 348,
(b) approve of the special survey and plan or any part of it,
(c) declare the special survey and plan, or such portion of it as the Lieutenant Governor in Council may approve of, to be the true and correct survey and plan of the land affected,
(d) declare that all boundaries and lines fixed by the special survey and plan are the true boundaries and lines, whether of highways, rivers or creeks, when the rivers or creeks are defined on the plan by measurements or lines in a manner as to be capable of absolute location on the ground, or as between adjoining owners or between adjoining parcels, and whether or not the boundaries and lines were before that the true boundaries and lines, and
(e) declare, with reservations as are expedient, that the plan approved must be substituted for all former plans or surveys of the land affected which have before that been registered, or for the corresponding portions of those former plans or surveys.
Section 351 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Power to vest land
351 (1) The Lieutenant Governor in Council may by the same or by a subsequent order vest in the Crown or the municipality, as the case may be, land which is by the special survey added to any previously existing highway, and may in the same manner vest in the registered owner of any previously existing parcel any land which is by the special survey added to that parcel, or if the Crown is the owner of the parcel may vest in the Crown the land added, or in the same manner may make any further vesting or other order necessary to carry out the order of the Attorney General.
(2) An order vesting land under this section is not an expropriation under the Expropriation Act.
Section 356 (1) BEFORE amended by 2004-66-127, effective January 20, 2005 (BC Reg 16/2005).
(1) Registration is effected by endorsing on the order in council and on the judgment, if any, the following memorandum signed by the registrar and impressed with the registrar's official seal, and the memorandum is conclusive evidence of the registration of the instruments and of the time of registration:
Section 358 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Notice of registration
358 On registration of the order in council and plan, the registrar must notify the proper officer that the order and plan have been registered, and must forward to him a copy of the order and a blue print of the plan as registered, which copy and blue print the Attorney General must supply to the registrar for that purpose.
Section 358 BEFORE amended by 2023-10-478, effective March 30, 2023 (Royal Assent).
Notice of registration
358 On registration of the order in council and plan, the registrar must notify the proper officer that the order and plan have been registered, and must forward to him a copy of the order and a blue print of the plan as registered, which copy and blue print the minister must supply to the registrar for that purpose.
Section 359 (1) (a) to (c) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(a) the amounts assessed are payable in one payment or by annual installments extending over a period not exceeding 10 years, as the council may prescribe;
(b) in setting the amount of annual installments a sum sufficient to cover interest on deferred payments at a rate not exceeding 8% per year must be added;
(c) the council may prescribe terms and conditions on which any person whose parcel is specially assessed may commute by a payment in cash the annual installments imposed on it;
Section 360 (1) (part) and (2) BEFORE repealed by BC Reg 334/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 334/2006).
(1) If the land affected is located in a rural area, and amounts of costs, expenses or fees have been charged by the terms of the order in council against the registered owners of any parcels shown on the plan, the Provincial Assessor must specially assess those parcels for the amounts charged against them respectively, and the following provisions apply to the special assessment:
(2) If compensation has been ordered to be paid to the Crown, the Provincial Assessor may assess the parcels on which it is by this Part made a lien for the amount of the compensation, in the same manner as provided in subsection (1) for the assessment of the amounts of costs, expenses and fees.
Section 360 (1) (a) to (c) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(a) the amounts assessed are payable in one payment, or, if directed by the Lieutenant Governor in Council, may be made payable by annual installments extending over a period not exceeding 10 years;
(b) in setting the amount of annual installments a sum sufficient to cover interest on deferred payments at a rate not exceeding 8% per year must be added;
(c) the Lieutenant Governor in Council may prescribe terms and conditions on which any person whose parcel is specially assessed may commute by a payment in cash the annual installments imposed on it;
Section 361 (1) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(1) On receipt of notice from the Attorney General of the taking effect of the order in council approving of a special survey under this Part, the surveyor who completed the survey must remove all survey posts, stakes or monuments standing or being on the land comprised within the limits of the survey prior to the special survey, and which are liable to lead to confusion in connection with the special survey.
Section 362 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
362 If the order of the Attorney General embodied in the order in council registered directs an amount of compensation to be charged to and payable by any person, the amount may be recovered by action in any court of competent jurisdiction as for a debt due to the person to whom it is directed to be paid, and the court may order a sale of the land affected to enforce the lien given by section 357.
Section 366 (3) BEFORE amended by 2004-21-63, effective April 29, 2004 (Royal Assent).
(3) The plan referred to in subsection (2) (c) must be based on a survey that complies with this Act and regulations of the surveyor general or standards set by the Surveyor General for a survey plan intended for deposit under this Act.
Section 367 (2) (g) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(g) the Lieutenant Governor in Council is satisfied, on the report of the Attorney General, that the requirements of paragraphs (a) to (f) have been met, and the Lieutenant Governor in Council has consented to the filing of the patent.
Section 367 (2) (d) (ii) BEFORE amended by 2004-21-64, effective April 29, 2004 (Royal Assent).
(ii) a plan of the land described in the patent based on a survey that complies with regulations of the Surveyor General and this Act on which a certificate of a public officer of Canada has been endorsed certifying, to the satisfaction of the registrar, that the land shown in the plan represents all of the land described in the patent;
Section 367 (2) (d) (i) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(i) a certificate of a public officer of Canada in a form satisfactory to the registrar and certifying to the satisfaction of the registrar that the land described in the patent represents all of the land transferred in fee simple to the band by or under the enactment that directed the patent to be issued, and
Section 371 (4) (a) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(a) amends all or part of a law required by section 367 (2) (b) or 368 (2) (a) without first receiving the written approval of the Attorney General, or
Section 373 BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
Liability limited
373 In addition to the limits of liability established under section 303, neither the assurance fund nor the Attorney General is, under any circumstances, liable for compensation for loss, damage or deprivation
(a) occasioned to or suffered by a person entitled to an estate or interest in Indian land that subsisted at the time an application under section 368 is made, as a result of the operation of this Part,
(b) occasioned to or suffered by Canada, a band, a member of the band or any other person under a trust or fiduciary duty affecting Indian land existing at the time Indian land is conveyed by the Crown or because of a breach of that trust or fiduciary duty,
(c) occasioned by an ultra vires or unlawful act of the band or its council, by any lack of capacity on the part of the band or its council to hold or dispose of land, or by the improper use of the seal of either of them, or
(d) occasioned by or suffered in consequence of an amendment or repeal of all or part of a law referred to in section 367 (2) (b), 368 (2) (a) or 373.1 (1) unless the amendment or repeal has been approved by the Attorney General in writing.
Section 373 BEFORE amended by 2004-66-128, effective January 20, 2005 (BC Reg 16/2005).
373 In addition to the limits of liability established under section 303, neither the assurance fund nor the minister is, under any circumstances, liable for compensation for loss, damage or deprivation
(a) occasioned to or suffered by a person entitled to an estate or interest in Indian land that subsisted at the time an application under section 368 is made, as a result of the operation of this Part,
(b) occasioned to or suffered by Canada, a band, a member of the band or any other person under a trust or fiduciary duty affecting Indian land existing at the time Indian land is conveyed by the Crown or because of a breach of that trust or fiduciary duty,
(c) occasioned by an ultra vires or unlawful act of the band or its council, by any lack of capacity on the part of the band or its council to hold or dispose of land, or by the improper use of the seal of either of them, or
(d) occasioned by or suffered in consequence of an amendment or repeal of all or part of a law referred to in section 367 (2) (b), 368 (2) (a) or 373.1 (1) unless the amendment or repeal has been approved by the minister in writing.
Section 373.3 (3) (b) (ii) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(ii) if local improvement taxes, rates or assessments are payable by installments, that all installments owing at the date of the certificate have been paid;
Section 373.43 BEFORE repealed by 2018-37-24, effective October 31, 2018 (Royal Assent).
Amendment of deposited plan in certain cases
373.43 The registrar has the same powers and duties in respect of a portion of a parcel of Nisg̱a'a Lands shown on a plan of subdivision as having been acquired by the Nisg̱a'a Nation or a Nisg̱a'a Village for, or as having been dedicated as, a highway, park or public square as the registrar has under section 110 in respect of land so acquired by, or dedicated to, the government or a municipality.
Section 373.44 (3) BEFORE amended by 2004-66-114, effective January 20, 2005 (BC Reg 16/2005).
(3) Concurrently with or following the deposit of the statutory right of way plan, the chief administrative officer of the Nisg̱a'a Nation or the Nisg̱a'a Village may file with the registrar a certificate in the prescribed form certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the Nisg̱a'a Nation or the Nisg̱a'a Village in compliance with Nisg̱a'a law.
Section 373.5 (1) and (2) BEFORE amended by 2003-52-153, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(1) A law made by the Nisg̱a'a Lisims Government for closing a Nisg̱a'a road or public square that is not within Nisg̱a'a Village Lands must be filed in the land title office.
(2) A law made by a Nisg̱a'a Village Government for closing a Nisg̱a'a road or public square that is within Nisg̱a'a Village Lands must be filed in the land title office.
Section 373.52 (6) BEFORE amended by 2003-66-39, effective October 23, 2003 (Royal Assent).
(6) In applying section 133 to Nisg̱a'a Lands
(a) the Nisg̱a'a Nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area that is a Nisg̱a'a road as the Minister of Transportation and Highways has in respect of all or part of a public area that is an arterial highway, and
(b) the Minister of Transportation and Highways may oppose the cancellation or alteration of boundaries of all or part of a public area, only if that public area is a secondary provincial road as defined in the Nisg̱a'a Final Agreement and is an arterial highway.
Section 373.52 (6) (a) BEFORE amended by 2004-44-122, effective December 31, 2004 (BC Reg 547/2004).
(a) the Nisg̱a'a Nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area that is a Nisg̱a'a road as the minister charged with the administration of the Highway Act has in respect of all or part of a public area that is an arterial highway, and
Section 373.52 (6) (b) BEFORE amended by 2021-3-42, effective March 25, 2021 (Royal Assent).
(b) the minister charged with the administration of the Highway Act may oppose the cancellation or alteration of boundaries of all or part of a public area, only if that public area is a secondary provincial road as defined in the Nisg̱a'a Final Agreement and is an arterial highway.
Section 373.71 BEFORE re-enacted by 2024-13-98, effective April 25, 2024 (Royal Assent).
Effect of registration of title derived from tax sale
373.71 In applying section 276 (1) in respect of Nisg̱a'a Lands, the purging and disencumbering of the land under section 276 (1) (a) and (b) does not result in a purging and disencumbering of the rights specified in section 373.2 (1) (a), (b) and (d).
Section 373.73 (1) and (2) BEFORE amended by 2004-21-65, effective April 29, 2004 (Royal Assent).
(1) An application under paragraph 5 of the Land Title Chapter of the Nisg̱a'a Final Agreement must be accompanied by a plan of the land affected by the application that
(a) is based on a survey prepared by a British Columbia land surveyor or, if the survey is conducted before the date on which the Nisg̱a'a Final Agreement takes effect, on a survey prepared by a Canada land surveyor,
(b) complies with the General Survey Instruction Regulation, B.C. Reg. 33/96, and
(c) is signed by the Surveyor General.
(2) If the plan meets the requirements of subsection (1) (a) and (b), the Surveyor General must sign the plan.
Section 373.82 (4) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(4) In addition to the limits of liability established under section 303, neither the assurance fund nor the Attorney General is, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of the Nisg̱a'a Lisims Government or Nisg̱a'a Village Government or by the improper use of the seal of either of them.
Section 373.82 (4) BEFORE amended by 2004-66-128, effective January 20, 2005 (BC Reg 16/2005).
(4) In addition to the limits of liability established under section 303, neither the assurance fund nor the minister is, under any circumstances, liable for compensation for loss, damage or deprivation occasioned by an ultra vires or unlawful act of the Nisg̱a'a Lisims Government or Nisg̱a'a Village Government or by the improper use of the seal of either of them.
Section 374 (2) BEFORE amended by 2004-66-129, effective January 20, 2005 (BC Reg 16/2005).
(2) Despite subsection (1), the registrar must not enter in the records referred to in subsection (1) a particular class of charge or the names of a person or class of persons designated by the Lieutenant Governor in Council.
Section 375 (1) BEFORE amended by 2005-01-20, effective January 20, 2005 (BC Reg 16/2005).
(1) The registrar may store in the records, arranged under appropriate headings, information prescribed by the director respecting all registered land.
Section 378 (1) (e) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(e) a certified copy of an instrument deposited, filed, kept, lodged or registered in the registrar's office.
Section 379 BEFORE amended by 2004-66-131, effective January 20, 2005 (BC Reg 16/2005).
379 (1) A certificate, abstract, extract or copy provided by the registrar must be received in all courts in British Columbia as proof of
(a) the facts set out in the certificate,
(b) the contents of the register or records of which it purports to be an abstract or extract, or
(c) the instrument of which it purports to be a copy,
without proof of the signature, seal or official position of the registrar.
(2) A copy, certified by the registrar, of an instrument deposited, filed, lodged, kept, received or registered, affecting land in a registrar's district, must be received by another registrar in the same manner and with the same effect as if the original were produced, without proof of the signature, seal or official position of the registrar by whom it purports to be signed.
Section 380 (1) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(1) If the registrar
(a) is required to produce a record, and
(b) is unable to do so because it has been lost, mislaid or destroyed,
the registrar must give to the court or person making the requisition a written certificate to that effect, signed by the registrar, and the registrar may produce, instead of the record, such documentary evidence relating to the record as is available in the registrar's office.
Section 381 (2) BEFORE amended by 2004-66-76, effective January 20, 2005 (BC Reg 16/2005).
(2) If the state of business of the registrar's office permits, the registrar may, on payment of the prescribed fee, supply the taxing authority with the information required.
Section 381 (2) BEFORE amended by 2004-66-132, effective January 20, 2005 (BC Reg 16/2005).
(2) If the state of business of the land title office permits, the registrar may, on payment of the prescribed fee, supply the taxing authority with the information required.
Section 382 (2) BEFORE amended by 2004-66-133, effective January 20, 2005 (BC Reg 16/2005).
(2) The order of the registrar, signed by the registrar and under the registrar's seal of office, is sufficient authority for the person named in the order to administer oaths to and to take the evidence of all persons summoned by the registrar under subsection (1) (d).
Section 384 (3) BEFORE amended by 2004-66-134, effective January 20, 2005 (BC Reg 16/2005).
(3) Despite this section, the original record must be preserved among the records of the land title office.
Section 385 (5) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(5) The Surveyor General may, with the approval of the Attorney General, make regulations for the purposes of sections 67 to 70, 113 to 115, and 138 to 144.
Section 385 (3) (d) BEFORE amended by 2003-52-154, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(d) by a municipality
Section 385 (5) BEFORE amended by 2004-21-66, effective April 29, 2004 (Royal Assent).
(5) The Surveyor General may, with the approval of the minister, make regulations for the purposes of sections 67 to 70, 113 to 115, and 138 to 144.
Section 385 (2) BEFORE amended by 2004-66-136, effective January 20, 2005 (BC Reg 16/2005).
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting a matter to be brought before a court under this Act;
(b) establishing a scale of fees on applications and other proceedings authorized by this Act including fees to be paid to the assurance fund;
(c) respecting procedure and practice under this Act in so far as any other Act, Provincial or federal, or a regulation made under such Act, relates to or affects the title to land;
(d) respecting the form of and the manner in which the registers and certificates relating to titles are kept or provided, or in which applications under this Act relating to land are made and dealt with, and, if required, modifying the provisions of this Act in that respect;
(e) despite this Act, directing the registrar to dispense with or to suspend for any period the issue of duplicate indefeasible titles, or to provide for their issue in certain circumstances;
(f) prescribing the form for a particular class of instrument, document or notice to be registered, deposited, filed or given under this Act;
(g) limiting the number of persons who may be named as registered owners in fee simple in one indefeasible title;
(h) permitting land to be described by reference to an indefeasible title number;
(i) authorizing the use of a master form of instrument if the use would, in the public interest, reduce the volume of paper received by the registrars;
(j) defining the meaning and legal effect of a word or phrase used in the regulations;
(k) varying the hours a registrar must keep the land title office open to the public for the transaction of business;
(l) providing for or facilitating the computerization of the land title system;
(m) declaring that a designated class of owners in fee simple registered in the absolute fees register are entitled to have indefeasible titles registered to them on compliance with the conditions set out in the regulations;
(n) prescribing the manner of completion, execution and witnessing of any class of instrument, document or notice to be registered, deposited, filed or given under this Act;
(o) prescribing the effect of a prescribed form of instrument, if the effect of it is not stated in this Act;
(p) prescribing the manner in which statements in a prescribed form are to be made;
(q) prescribing the type of seal which may be used on an instrument to be registered under this Act;
(r) respecting the form and content of a subdivision, reference or explanatory plan that amends a strata plan.
Section 385 (5) BEFORE amended by 2004-21-67, effective January 21, 2005.
(5) The Corporation of Land Surveyors of the Province of British Columbia may make rules under section 75 of the Land Surveyors Act for the purposes of sections 67 to 70, 113 to 115, 138 to 144, 366 and 367.
Section 385 (5) BEFORE amended by 2006-24-45(b), effective July 21, 2006 (BC Reg 229/2006).
(5) The Association of British Columbia Land Surveyors may make rules under section 75 of the Land Surveyors Act for the purposes of sections 67 to 70, 113 to 115, 138 to 144, 366 and 367.
Section 385 (2) (o) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).
(o) prescribing the effect of a approved form of instrument, if the effect of it is not stated in this Act;
Section 385 (2) (c) BEFORE amended by 2017-10-60,Sch 1, effective November 2, 2017 (Royal Assent).
(c) respecting procedure and practice under this Act in so far as any other Act, Provincial or federal, or a regulation made under such Act, relates to or affects the title to land;
Section 386 (8) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(8) If, in the director's opinion, it is in the public interest to do so, the director may, with the approval of the Attorney General,
Section 386 (9) BEFORE amended by 2003-66-35, effective October 23, 2003 (Royal Assent).
(9) If an order is made under subsection (8) (b), the Minister of Finance and Corporate Relations must pay to the person designated by the director, the amount of the fee to be reimbursed.
Section 386 BEFORE amended by 2004-66-137, effective January 20, 2005 (BC Reg 16/2005).
386 (1) There must be paid to the registrar, in respect of the matters in the regulations, the respective fees prescribed or other fees the Lieutenant Governor in Council may, by regulation, establish.
(2) The registrar must pay all fees received by the registrar into the consolidated revenue fund.
(3) Payment of fees must be made at the time
(a) an application is tendered to the registrar,
(b) an instrument is filed with him, or
(c) a request is made for the performance by the registrar of an act or duty,
otherwise the application or instrument must not be received or the request complied with.
(3.1) Payment of fees required by this section in respect of the registration of an electronic application or electronic instrument, as those terms are defined in Part 10.1, may be made by electronic means in accordance with the regulations made under subsection (3.2).
(3.2) The Lieutenant Governor in Council may make regulations respecting the manner in which payment of fees by electronic means is to be made under subsection (3.1).
(4) The Lieutenant Governor in Council may prescribe fees for
(a) the conduct of a search of the records contained in the registry, whether or not the search is conducted by registry staff, and
(b) the obtaining of a copy of any record contained in the registry, whether or not the copy is obtained with the assistance of registry staff.
(5) Payment of fees prescribed under subsection (4) must be made at the time the search is conducted or the copy obtained.
(6) If an application is refused or withdrawn, the registrar must refund the balance of fees over and above the amount properly payable.
(7) This section does not apply to the government.
(8) If, in the director's opinion, it is in the public interest to do so, the director may, with the approval of the minister,
(a) exempt any person from the payment of all or part of any fee authorized under this Act, or
(b) order that all or part of a fee received by a registrar be reimbursed to a person who paid it.
(9) If an order is made under subsection (8) (b), the minister charged with the administration of the Financial Administration Act must pay to the person designated by the director, the amount of the fee to be reimbursed.
(10) The director may remit to the administrator under the Property Transfer Tax Act all or part of a fee paid under this Act if the fee or part is to be refunded under the Property Transfer Tax Act or regulations under that Act to the person who paid it.
Section 386 (7) BEFORE repealed by 2004-66-138, effective April 1, 2006.
(7) This section does not apply to the government.
Section 386 (3.1) BEFORE amended by 2006-24-46, effective July 21, 2006 (BC Reg 229/2006).
(3.1) Payment of fees required by this section in respect of the registration of an electronic application or electronic instrument, as those terms are defined in Part 10.1, may be made by electronic means in accordance with the regulations made under subsection (3.2)
Section 386 (10) BEFORE amended by 2007-14-144, effective December 1, 2007 (BC Reg 354/2007).
(10) The minister may remit to the administrator under the Property Transfer Tax Act all or part of a fee paid under this Act if the fee or part is to be refunded under the Property Transfer Tax Act or regulations under that Act to the person who paid it.
Section 386.1 BEFORE amended by 2004-66-139, effective January 20, 2005 (BC Reg 16/2005).
386.1 (1) There shall be paid to the registrar in respect of a matter mentioned in Column 1 of the Schedule the fee set out opposite that matter in Column 2 of that Schedule.
(2) Subsection (1) does not limit the ability of the Lieutenant Governor in Council to prescribe or establish fees under sections 385 and 386 for matters other than the matters mentioned in the Schedule.
(3) Section 386 (2), (3) and (5) to (10) applies to the fees specified in the Schedule.
Section 386.1 BEFORE amended by 2007-36-112, effective April 3, 2009 (BC Reg 55/2009).
Fees specified in Schedule
386.1 (1) There shall be paid to the registrar in respect of a matter mentioned in Column 1 of the Schedule
(a) the fee set out opposite that matter in Column 2 of the Schedule, and
(b) any fee set by bylaw of the Board of Directors in respect of that matter.
(2) Subsection (1) does not limit the ability of
(a) the Lieutenant Governor in Council to prescribe or establish fees, or
(b) the Board of Directors to establish, by bylaw, fees
under sections 385 and 386 for matters other than the matters mentioned in the Schedule.
(3) Section 386 (2), (3) and (6) to (10) applies to the fees specified in the Schedule.
Section 386.2 BEFORE amended by 2004-66-141, effective April 1, 2006.
386.2 Despite any enactment but subject to sections 386 (7) and 386.1 (3) and the operating agreement, as defined in the Land Title and Survey Authority Act, if a provision of another enactment provides that no fee is payable under this Act, sections 386 and 386.1 prevail insofar as those sections require the payment of a fee established by the Board of Directors.
Section 386.2 BEFORE amended by 2009-4-10, effective April 1, 2009.
Fees payable despite other enactments
386.2 Despite any enactment but subject to the operating agreement, as defined in the Land Title and Survey Authority Act, if a provision of another enactment provides that no fee is payable under this Act, sections 386 and 386.1 prevail insofar as those sections require the payment of a fee established by the Board of Directors.
Section 386.2 BEFORE amended by 2013-2-22, effective March 14, 2013 (Royal Assent).
Fees payable despite other enactments
386.2 Despite any enactment but subject to sections 386 (7.1) and 386.1 (3) and the operating agreement, as defined in the Land Title and Survey Authority Act, if a provision of another enactment provides that no fee is payable under this Act, sections 386 and 386.1 prevail insofar as those sections require the payment of a fee established by the Board of Directors.
Section 387 (1) (a) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(a) wilfully makes a false declaration or a false acknowledgment or certification under Part 5, or
Section 392 (1) BEFORE amended by 2003-53-157, effective July 8, 2004 (BC Reg 317/2004).
(1) In this section, "waste management director" means a director as defined in the Waste Management Act.
Schedule, items 1, 2 and 5 BEFORE amended by 2003-66-48, effective January 12, 2004 (BC Reg 479/2003).
| 1 | Indefeasible Title To register an indefeasible title, however that occurs, except for item 4 (b) | $55, of which $5 is an assurance fund fee, for each indefeasible title registered |
| 2 | Charges Subject to item 3, to register any right, notice, claim, estate or interest as a charge or in the same manner as a charge, and to register a transfer, transmission, modification, extension, renewal or postponement of a charge as if it were a charge | $55, of which $5 is an assurance fund fee, for each charge registered regardless of the number of indefeasible titles affected |
| 5 | Cancellation of a Charge To register a cancellation or discharge of | |
| (a) a registered charge, or any right, claim, notice or interest that was registered in the same manner as a charge, including a merger of a right to purchase which must be treated as if it were a cancellation of a charge | $20 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge | |
| (b) a certificate of pending litigation under the Builders Lien Act | $20 | |
| (c) a claim of builders lien, a maintenance order under item 3 (c), a merger of a charge other than a right to purchase, or a charge derived from or dependent on another charge which has been cancelled | nil | |
Schedule BEFORE amended by 2004-51-20 to 24, effective June 28, 2004 (BC Reg 282/2004).
| 1 | Indefeasible Title To register an indefeasible title, except for item 4 (b) | |
| (a) if the application is submitted electronically | $58.50, of which $5 is an assurance fund fee, for each indefeasible title registered | |
| (b) if the application is submitted in any other manner | $60, of which $5 is an assurance fund fee, for each indefeasible title registered | |
| 2 | Charges Subject to item 3, to register any right, notice, claim, estate or interest as a charge or in the same manner as a charge, and to register a transfer, transmission, modification, extension, renewal or postponement of a charge as if it were a charge | |
| (a) if the application is submitted electronically | $58.50, of which $5 is an assurance fund fee, for each charge registered regardless of the number of indefeasible titles affected | |
| (b) if the application is submitted in any other manner | $60, of which $5 is an assurance fund fee, for each charge registered regardless of the number of indefeasible titles affected | |
| 3 | Despite item 2, to register | |
| (a) a caveat, certificate of judgment or certificate of pending litigation | $25 | |
| (b) a claim of builders lien | $5 for each indefeasible parcel affected by the claim or endorsed by it | |
| (c) a maintenance order within the meaning of the Family Relations Act or the Family Maintenance Enforcement Act, or certificate of pending litigation under the Builders Lien Act | nil | |
| 4 | General Filing, Amendment or Change To file | |
| (a) any instrument, document, notice or plan required not otherwise provided for in this Schedule or another enactment, including an amendment to the register, an instrument or a plan | $20 | |
| (b) a change of name under section 191 (1) or (2) for an indefeasible title, or section 191 (3) for a charge | $20 for each indefeasible title registered, or each charge regardless of the number of indefeasible titles affected by the charge | |
| (c) a notice of tax sale under section 272 or a notice of redemption under section 273 | $10 | |
| (d) a change of address | nil | |
| 5 | Cancellation of a Charge To register a cancellation or discharge of | |
| (a) a registered charge, or any right, claim, notice or interest that was registered in the same manner as a charge | ||
| (i) if the application is submitted electronically | $23.50 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge | |
| (ii) if the application is submitted in any other manner; | $25 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge | |
| (b) a claim of builders lien, a maintenance order under item 3 (c), a merger of a charge or a charge derived from or dependent on another charge which has been cancelled | nil | |
Schedule BEFORE amended by 2004-66-142 to 148, effective January 20, 2005 (BC Reg 16/2005).
| 1 | Indefeasible Title To register an indefeasible title, except for item 4 (b) | |
| (a) if the application is submitted electronically | $63.25, of which $5 is an assurance fund fee, for each indefeasible title registered | |
| (b) if the application is submitted in any other manner | $64.75, of which $5 is an assurance fund fee, for each indefeasible title registered | |
| 2 | Charges Subject to item 3, to register any right, notice, claim, estate or interest as a charge or in the same manner as a charge, and to register a transfer, transmission, modification, extension, renewal or postponement of a charge as if it were a charge | |
| (a) if the application is submitted electronically | $63.25, of which $5 is an assurance fund fee, for each charge registered regardless of the number of indefeasible titles affected | |
| (b) if the application is submitted in any other manner | $64.75, of which $5 is an assurance fund fee, for each charge registered regardless of the number of indefeasible titles affected | |
| 3 | Despite item 2, to register | |
| (a) a caveat, certificate of judgment or certificate of pending litigation | $27 | |
| (b) a claim of builders lien | $5 for each indefeasible parcel affected by the claim or endorsed by it | |
| (c) a maintenance order within the meaning of the Family Relations Act or the Family Maintenance Enforcement Act, or certificate of pending litigation under the Builders Lien Act | nil | |
| 4 | General Filing, Amendment or Change To file | |
| (a) any instrument, document, notice or plan required not otherwise provided for in this Schedule or another enactment, including an amendment to the register, an instrument or a plan | $21.50 | |
| (b) a change of name under section 191 (1) or (2) for an indefeasible title, or section 191 (3) for a charge | $21.50 for each indefeasible title registered, or each charge regardless of the number of indefeasible titles affected by the charge | |
| (c) a notice of tax sale under section 272 or a notice of redemption under section 273 | $10 | |
| (d) a change of address | nil | |
| 5 | Cancellation of a Charge To register a cancellation or discharge of | |
| (a) a registered charge, or any right, claim, notice or interest that was registered in the same manner as a charge | ||
| (i) if the application is submitted electronically | $25.50 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge | |
| (ii) if the application is submitted in any other manner | $27 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge | |
| (b) a claim of builders lien, a maintenance order under item 3 (c), a merger of a charge or a charge derived from or dependent on another charge which has been cancelled | nil | |
Schedule, item 7 (d) was added by 2007-24-29, effective January 20, 2005 [retro from May 31, 2007 (Royal Assent).]
Schedule, item 12 (b) and (c) BEFORE amended by 2007-24-30, effective January 20, 2005 [retro from May 31, 2007 (Royal Assent).]
| (b) a state of title certificate requested electronically from a location outside a government office | $5.75 | |
| (c) a state of title certificate requested over the counter at a government office | $8.63 |
Schedule, items 14 to 16 BEFORE amended by 2007-24-31, effective January 1, 2005 [retro from May 31, 2007 (Royal Assent).]
| Plan Copies To make, provide, receive or copy a plan, including an imaged or microfilmed plan, if the matter is requested, performed, made or obtained | ||
| (a) at a government office by a person who is not for that purpose a government employee | $5.52 | |
| (b) at a government office by a person who is for that purpose a government employee | $6.21 | |
| (c) electronically from the computer system and delivered to the customer's personal computer | $7.13 | |
| Title Search and Copy Computer Assisted For a search, copy or both if the matter is requested, performed, made or obtained | ||
| (a) by electronic means from a location outside a government office | $4.02 | |
| (b) at a government office by a person who is not, for that purpose, a government employee | $5.71 | |
| (c) at a government office by a person who is, for that purpose, a government employee | $6.56 | |
| Title Search and Copy Non-Computer Assisted For a search, copy or both if the matter is requested, performed, made or obtained at a government office | ||
| (a) by a person who is not, for that purpose, a government employee | $3.45 | |
| (b) by a person who is, for that purpose, a government employee | $6.90 including a copy of the title searched; and if the person attending at the land title office is an owner of the land described in the title, a copy of each document referred to in the title searched | |
Schedule, item 15, column 2, BEFORE amended by 2007-24-32, effective January 20, 2007 [retro from May 31, 2007 (Royal Assent).]
| (b) at a government office by a person who is not, for that purpose, a government employee | $5.71 |
Schedule, item 17, column 1, paragraph (a) BEFORE amended by 2007-24-33(a), effective January 20, 2005 [retro from May 31, 2007 (Royal Assent).]
| (a) by electronic means by a non-government employee | $7.13 |
Schedule, item 17, column 1, paragraph (b) BEFORE amended by 2007-24-33(b), effective January 20, 2005 [retro from May 31, 2007 (Royal Assent).]
| (b) at a government office by a person who is, for that purpose, a government employee | $8.97 |
Schedule, items 18 and 19, column 1, BEFORE amended by 2007-24-34, effective January 20, 2005 [retro from May 31, 2007 (Royal Assent)].
| Index Search and Copy For each search, copy or both copy of an index for a Strata Plan, Power of Attorney, General Filing, Standard Mortgage Terms or Standard Charge Terms requested | ||
| (a) electronically from a location outside a government office | $0.92 | |
| (b) over the counter at a government office | $2.76 | |
| Name Search For each name search requested | ||
| (a) electronically from a location outside a government office | $0.92 | |
| (b) over the counter at a government office | $2.76 | |
Schedule, item 21, column 1, BEFORE amended by 2007-24-35, effective January 20, 2005 [retro from May 31, 2005 (Royal Assent)].
| Documents requested through Canada Post To make, provide or copy, at a government office by a person who is for that purpose a government employee, each instrument or document that has been requested by regular mail through Canada Post | $6.90 |
Schedule, item 23, column 2 BEFORE amended by 2007-24-36, effective January 20, 2007 [retro from May 31, 2007 (Royal Assent).]
| Block Outline Survey For an application for a block outline posting under section 69 (3) | $18.12 per lot to a maximum of $181.20 |
Schedule 1 was enacted by 2007-36-113, effective April 3, 2009 (BC Reg 55/2009).
Note: 2007-36-113 above, was amended by 2008-42-12 which added section 3 (3) and section 25.1, amended section 28 (b), added section 28 (4) and (5) and added Part 4, effective May 29, 2008 (Royal Assent).
Schedule 1, section 30 BEFORE amended by 2010-21-11(a), effective June 3, 2010 (Royal Assent).
(a) the execution of the instrument by an authorized signatory of the treaty first nation is witnessed by an officer, as defined in Part 5 of this Act, who is not a party to the instrument, and
Schedule 1, section 30 (2.1) and (2.2) were added by 2010-21-11(b), effective June 3, 2010 (Royal Assent).
Schedule 1, section 30 (3) BEFORE amended by 2010-21-11(c), effective June 3, 2010 (Royal Assent).
(3) An instrument executed and proved in compliance with subsection (1) or (2), as applicable in relation to the instrument, constitutes conclusive evidence to the registrar that the requirements of the laws of the treaty first nation relating to the execution of the instrument and the transaction or dealing contemplated by it have been fulfilled.
Schedule 1, section 30 (2.2) (a) BEFORE amended by 2023-10-480, effective March 30, 2023 (Royal Assent).
(a) the signature of the officer witnessing the execution is a certification by the officer that the individual appeared before, and acknowledged to, the officer that he or she is a specified individual, and
Schedule 1, sections 25 (1.1) and (8) were added by 2013-2-23(a), effective March 14, 2013 (Royal Assent).
Schedule 1, section 25 (3) BEFORE amended by 2013-2-23(b), effective March 14, 2013 (Royal Assent).
(3) If an application for registration under this section is accompanied by a certificate of the treaty first nation certifying that, on the date the final agreement is effective, the land to which the certificate relates is subject to the conditions, provisos, restrictions, including restrictions on alienation, exceptions and reservations, including royalties, set out in the certificate, the certificate constitutes conclusive evidence to the registrar that the land described in the certificate is subject to those conditions, provisos, restrictions, exceptions and reservations.
Schedule 1, section 6 (3) (b) (ii) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(ii) if local improvement taxes, rates or assessments are payable by installments, that all installments owing at the date of the certificate have been paid;
Schedule 1, section 12 BEFORE repealed by 2018-37-28, effective October 31, 2018 (Royal Assent).
Amendment of deposited plan in certain cases
12 For the purpose of applying section 110 of this Act in relation to treaty lands, the registrar has the same powers and duties in respect of a portion of a parcel of treaty lands shown on a plan of subdivision as having been acquired by the treaty first nation for, or as having been dedicated as, a highway, park or public square as the registrar has under that section in respect of land acquired by the government or a municipality for, or dedicated as, a highway, park or public square.
Schedule 1, section 28 BEFORE amended by 2018-37-29, effective October 31, 2018 (Royal Assent).
Certificate of transfer
(a) a final agreement authorizes the treaty first nation to make laws providing that treaty lands must not be registered in a name other than the treaty first nation without a certificate of transfer issued by the treaty first nation, and
(i) has received a notice under subsection (4) of the enactment of such a law and, according to the notice, that law is in force, and
(ii) has not received notice under subsection (5) of the repeal of that law or the repeal of that law, according to a notice under that subsection, is not in force
the registrar must not register the indefeasible title to a parcel of the treaty lands to which that law applies in a name other than the treaty first nation unless the application is accompanied by a certificate of the treaty first nation certifying that
(c) the certificate is issued in accordance with the laws of the treaty first nation, and
(d) the person named in the certificate as transferee of the parcel is a permitted transferee under those laws.
(2) A certificate under subsection (1) must set out the date the certificate ceases to be valid and the registrar must not accept that certificate for the purposes of that subsection unless it is tendered on or before that date.
(3) A certificate under this section constitutes conclusive evidence to the registrar that the person named in the certificate is a permitted transferee of the land described in the certificate.
(4) On or before the effective date of a law described in subsection (1) (a), or an amendment to the law changing the treaty lands to which it applies, the treaty first nation must give written notice to the registrar of the law or its amendment, setting out
(a) a legal description of the parcels of treaty lands to which the law applies sufficient for the registrar to identify those lands in the records,
(b) a legal description of the parcels of treaty lands to which the law no longer applies sufficient for the registrar to identify those lands in the records, and
(c) the date the law or amendment comes into force.
(5) If a treaty first nation has given notice under subsection (4), on or before the effective date of the repeal of the entirety of a law of the treaty first nation enacted under the authority referred to subsection (1) (a), the treaty first nation must give written notice to the registrar of the repeal setting out
(a) a legal description of the parcels of treaty lands to which the repeal applies sufficient for the registrar to identify those parcels in the records, and
Schedule 2, item 3 BEFORE amended by 2011-25-395, effective March 18, 2013 (BC Reg 131/2012).
| Despite item 2, to register | ||
| (a) a caveat, certificate of judgment or certificate of pending litigation | $18.63 | |
| (b) a claim of builders lien | $3.45 for each indefeasible parcel affected by the claim or endorsed by it | |
| (c) a maintenance order within the meaning of the Family Relations Act or the Family Maintenance Enforcement Act, or certificate of pending litigation under the Builders Lien Act | nil | |
Schedule 2 BEFORE re-enacted by 2015-26-46, effective November 1, 2015 (BC Reg 151/2015).
In this Schedule:
"fee" means the amount payable for each transaction described unless otherwise specified;
"pending" means the time after an application is received under section 153 and before the application is registered under section 36;
"government office" means an office belonging to the government from which a title search can be made by electronic means.
| Item | Column 1 Matter | Column 2 Fee |
| 1 | Indefeasible Title To register an indefeasible title, except for item 4 (b) | |
| (a) if the application is submitted electronically | $39.73 for each indefeasible title registered | |
| (b) if the application is submitted in any other manner | $41.23 for each indefeasible title registered | |
| 2 | Charges Subject to item 3, to register any right, notice, claim, estate or interest as a charge or in the same manner as a charge, and to register a transfer, transmission, modification, extension, renewal or postponement of a charge as if it were a charge | |
| (a) if the application is submitted electronically | $39.73 for each charge registered regardless of the number of indefeasible titles affected | |
| (b) if the application is submitted in any other manner | $41.23 for each charge registered regardless of the number of indefeasible titles affected | |
| 3 | Despite item 2, to register | |
| (a) a caveat, certificate of judgment or certificate of pending litigation | $18.63 | |
| (b) a claim of builders lien | $3.45 for each indefeasible parcel affected by the claim or endorsed by it | |
| (c) an order respecting child support or spousal support under the Family Law Act, a maintenance order within the meaning of the Family Maintenance Enforcement Act or a certificate of pending litigation under the Builders Lien Act | nil | |
| 4 | General Filing, Amendment or Change To file | |
| (a) any instrument, document, notice or plan required not otherwise provided for in this Schedule or another enactment, including an amendment to the register, an instrument or a plan | $14.84 | |
| (b) a change of name under section 191 (1) or (2) for an indefeasible title, or section 191 (3) for a charge | 14.84 for each indefeasible title registered, or each charge regardless of the number of indefeasible titles affected by the charge | |
| (c) a notice of tax sale under section 272 or a notice of redemption under section 273 | $6.90 | |
| (d) a change of address | nil | |
| 5 | Cancellation of a Charge To register a cancellation or discharge of | |
| (a) a registered charge, or any right, claim, notice or interest that was registered in the same manner as a charge | ||
| (i) if the application is submitted electronically | $17.13 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge | |
| (ii) if the application is submitted in any other manner | $18.63 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge | |
| (b) a claim of builders lien, a maintenance order under item 3 (c), a merger of a charge or a charge derived from or dependent on another charge which has been cancelled | nil | |
| 6 | Cancellation of Lease on Breach of Covenant To file an application to cancel, to hold a hearing under section 247 and to register any order of the registrar | $48.30 |
| 7 | Plans To file or deposit | |
| (a) a reference, explanatory, subdivision or strata plan (including the Schedules of Unit Entitlement and Voting Rights and the Strata Corporation Mailing Address) | $37.26 | |
| (b) any other plan not otherwise provided for in this Schedule | $37.26 | |
| (c) a bylaw plan | $13.80 | |
| (d) a public official plan under section 59, a posting plan under section 68 or a composite plan under section 71 | nil | |
| 8 | Cancellation of Plans To | |
| (a) file a petition under section 123, serve a petition under section 125, and prepare and register a registrar's order under section 134 | $69 | |
| (b) hear an application under section 129 | $69 | |
| 9 | Cancellation of Interior Lot Lines For all matters in connection with cancellation of interior lot lines under section 137, including the registration of any indefeasible title in consequence of the cancellation | $69 |
| 10 | Withdrawal of a Pending Application To withdraw a pending application | Lesser of the fee for the pending application or $20.70 |
| 11 | Refusal of Registration For each | |
| (a) refusal notice provided under section 308 (1) | Lesser of the fee for the pending application or $20.70 | |
| (b) cancellation of an application, under section 308 (3), consequent upon the expiration of the 21 day period under section 308 (2) | Lesser of the fee for the pending application net of the amount paid under paragraph (a) or $20.70 | |
| 12 | Certificates To make, provide or issue | |
| (a) a Duplicate Indefeasible Title under section 176, or a Provisional Indefeasible Title under section 193 | $34.50 | |
| (b) a state of title certificate requested electronically from a location outside a land title office or government office | $5.75 | |
| (c) a state of title certificate requested over the counter at a land title office or government office | $8.63 | |
| (d) any other certificate not otherwise provided for in this Schedule | $8.63 | |
| 13 | Certification To certify a copy of the register or other record, instrument, cancelled title, plan, abstract of a title, power of attorney or any copy that satisfies section 38 (4), (5) or (6) | $7.50 plus the applicable search and copy fees payable under this Act |
| 14 | Plan Copies To make, provide, receive or copy a plan, including an imaged or microfilmed plan, if the matter is requested, performed, made or obtained | |
| (a) at a land title office by a person who is not, for that purpose, a person acting under the registrar's direction, or at a government office by a person who is not, for that purpose, a government employee | $5.52 per sheet of pre-cut paper $5.52 per linear metre or partial metre of roll paper $5.52 per aperture card for microfiche | |
| (b) at a land title office by a person who is, for that purpose, acting under the registrar's direction, or at a government office by a person who is, for that purpose, a government employee | $6.21 per sheet of pre-cut paper $6.21 per linear metre or partial metre of roll paper $6.21 per aperture card for microfiche | |
| (c) electronically from the computer system and delivered to the customer's personal computer | $7.13 | |
| 15 | Title Search and Copy (Computer Assisted) For a search, copy or both if the matter is requested, performed, made or obtained | |
| (a) by electronic means from a location outside a land title office or government office | $4.02 | |
| (b) at a land title office by a person who is not, for that purpose, acting under the registrar's direction, or at a government office by a person who is not, for that purpose, a government employee | $4.71 | |
| (c) at a land title office by a person who is, for that purpose, acting under the registrar's direction, or at a government office by a person who is, for that purpose, a government employee | $6.56 | |
| 16 | Title Search and Copy (Not Computer Assisted) For a search, copy or both if the matter is requested, performed, made or obtained | |
| (a) at a land title office by a person who is not, for that purpose, acting under the registrar's direction, or at a government office by a person who is not, for that purpose, a government employee | $3.45 | |
| (b) at a land title office by a person who is, for that purpose, acting under the registrar's direction, or at a government office by a person who is, for that purpose, a government employee | $6.90 including a copy of the title searched; and if the person attending at the land title office is an owner of the land described in the title, a copy of each document referred to in the title searched | |
| 17 | Imaged Records To make, view, obtain or copy all or part of an imaged instrument or document other than a plan | |
| (a) by electronic means at a land title office by a person who is not, for that purpose, acting under the registrar's direction | $7.13 | |
| (b) at a land title office by a person who is, for that purpose, acting under the registrar's direction, or at a government office by a person who is, for that purpose, a government employee | $8.97 | |
| (c) electronically from the computer system and printed at the customer's fax machine or delivered to the customer's personal computer | $7.59 | |
| 18 | Index Search and Copy For each search, copy or both copy of an index for a Strata Plan, Power of Attorney, General Filing, Standard Mortgage Terms or Standard Charge Terms requested | |
| (a) electronically from a location outside a land title office or government office | $0.92 | |
| (b) over the counter at a land title office or government office | $2.76 | |
| 19 | Name Search For each name search requested | |
| (a) electronically from a location outside a land title office or government office | $0.92 | |
| (b) over the counter at a land title office or government office | $2.76 | |
| 20 | Paper Records To make, provide or copy an instrument or document not stored electronically or not otherwise provided for in this Schedule | $0.69 |
| 21 | Documents requested through Canada Post To make, provide or copy, at a land title office by a person who is, for that purpose, acting under the registrar's direction, or at a government office by a person who is, for that purpose, a government employee, each instrument or document that has been requested by regular mail through Canada Post | $6.90 |
| 22 | Approval of Subdivision Plans For examination and approval by an approving officer of a subdivision plan tendered under section 83 | $50 plus, if the subdivision plan covers land in unorganized territory, $100 for each parcel within the subdivision |
| 23 | Block Outline Survey For an application for a block outline posting under section 69 (3) | $17.25 per lot to a maximum of $172.50 |
| 24 | Plans Bordering Crown Land or Water For application for endorsement of a certificate under | |
| (a) section 94 (1) (c) | $345 | |
| (b) section 94 (1) (d) | $172.50 | |
| (c) section 118 (1) | $172.50 | |
| 25 | E&N Railway Company Grant For approval of an explanatory plan of block or lot under section 70 (3) | $172.50 |
Supplement, sections 1 and 2 BEFORE repealed by 2006-33-1(2)(c), effective May 18, 2006 (Royal Assent).
1 Section 45 (1) (a) (ii) of the Land Title Act is repealed and the following substituted:
(ii) if the transferor is an individual, the individual acting under the power of attorney had, at the time the instrument was executed, no knowledge of the death or bankruptcy of the transferor, or of the revocation of the power by the transferor and no knowledge of the mental incapability of the transferor, and .
1993-67-57.
2 Section 46 (1) (a) (iv) is repealed and the following substituted:
(iv) if the transferor is an individual, the individual executing the instrument for the corporate attorney had, at the time the instrument was executed, no knowledge of the death or bankruptcy of the transferor, or of the revocation of the power by the transferor and no knowledge of the mental incapability of the transferor, and .
1993-67-58.
Supplement, sections 4 to 9 BEFORE repealed by 2006-33-1(2)(c), effective May 18, 2006 (Royal Assent).
4 [Spent]
5 Section 91 (2) is amended by striking out "or" at the end of paragraph (a), by adding "; or" at the end of paragraph (b) and by adding the following paragraph:
(c) to a plan deposited solely for the purpose of dedicating a highway, park or public square to the Crown under section 107.
1989-69-8.
6 Section 168 (1) is amended by striking out "may cause an application" and substituting ", before receiving an application under section 153, may cause the application".
1989-69-15.
7 [Spent]
8 Section 218 is amended
(a) by adding the following subsection:
(1.1) Despite subsection (1), a statutory right of way that creates a right to interfere with, interrupt, restrict, limit or otherwise affect riparian rights to land burdened by the statutory right of way, is not registrable under this Act unless the grantee is the Crown. , and
(b) in subsection (5) by adding "other than a statutory right of way referred to in subsection (1.1)," after "all statutory rights of way,".
1989-71-11.
9 Section 239 is amended
(a) in subsection (1) by adding the following paragraph
(b) it is attached as a schedule to a form of general document approved by the director where if the instrument does not create a mortgage of specific land. , and
(b) by adding the following subsection:
(3) Nothing in this section authorizes the registration of a floating charge on land except in compliance with section 203.
1989-69-26 [part en. s.219.92(1)(b),(3)]; 2003-66-49.
Section 9 (a) of Supplement BEFORE amended by 2003-66-49, effective October 23, 2003 (Royal Assent).
(a) by adding the following paragraph
Section 9 (a) of the Land Title Supplement BEFORE amended by 2004-66-112, effective January 20, 2005 (BC Reg 16/2005).
9 Section 239 is amended
(a) by adding the following paragraph
(b) it is attached as a schedule to a prescribed form of general document if the instrument does not create a mortgage of specific land. , and
Supplement, section 10 (b) BEFORE repealed by 2006-33-1(2)(c), effective May 18, 2006 (Royal Assent).
(b) [Spent]
1993-35-83; 1993-67-59.
Section 11 of Supplement [as refers to section 373.1 (1) of the Act (which is not in force as of this time)] BEFORE amended by 2003-66-50, effective October 23, 2003 (Royal Assent).
(1) If
(a) a band or its council
(i) is, by an enactment of Canada and the constitution of the band, empowered to make laws applying the Torrens system to dealings of the band in land that is not Indian land, and
(ii) has enacted a law referred to in subparagraph (i) that, in the opinion of the Attorney General, effectively operates to apply the Torrens system to dealings of the band in that land, and
(b) with respect to the band, the requirements of section 367 (2) (a) and (b) have been met,
the Lieutenant Governor in Council may, on the report of the Attorney General, prescribe the band as a designated band for the purposes of dealing with that land.
Section 11 of the Supplement [as refers to section 373.1 (3) of the Act (which is not in force as of this time)] BEFORE amended by 2004-23-24, effective April 29, 2004 (Royal Assent).
(3) If the band or its council amends or repeals all or part of a law required by this section without first receiving the written approval of the Attorney General, the registrar must
Supplement section 11 BEFORE repealed by 2006-33-1, effective May 18, 2006 (Royal Assent).
11 The following section is added to Part 24:
Land other than Indian land
373.1 (1) If
(a) a band or its council
(i) is, by an enactment of Canada and the constitution of the band, empowered to make laws applying the Torrens system to dealings of the band in land that is not Indian land, and
(ii) has enacted a law referred to in subparagraph (i) that, in the opinion of the minister, effectively operates to apply the Torrens system to dealings of the band in that land, and
(b) with respect to the band, the requirements of section 367 (2) (a) and (b) have been met,
the Lieutenant Governor in Council may, on the report of the minister, prescribe the band as a designated band for the purposes of dealing with that land.
(2) Until a band is designated under subsection (1), title to an estate in fee simple or an interest less than the fee simple in land that is not Indian land must not be registered in the name of the band.
(3) If the band or its council amends or repeals all or part of a law required by this section without first receiving the written approval of the minister, the registrar must
(a) lodge a caveat against all indefeasible titles to land of the band that is not Indian land, and
(b) not register, file or accept an application to register or file an instrument
(i) that has been executed by the band, or
(ii) to which the band is a party,
and any pending application affecting that land that is supported by an instrument described in paragraph (b) is void.
1988-41-1; 2003-66-50; 2004-23-24
Supplement BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
[Supplement]
Land Title Act
[RSBC 1996] CHAPTER 250
1 and 2 [Repealed 2006-33-1.]
3 Section 56 (3) is amended by striking out everything after "until" and substituting "an order is made under the Adult Guardianship Act appointing a substitute decision maker or guardian with authority to make decisions about assets".
1993-35-82.
4 [Spent]
5 and 6 [Repealed 2006-33-1.]
7 [Spent]
8 and 9 [Repealed 2006-33-1.]
10 Section 282 is amended
(a) by repealing subsection (2) and adding the following:
(2) A substitute decision maker or guardian acting under the Adult Guardianship Act may lodge a caveat with the registrar if the substitute decision maker or guardian certifies
(a) that the substitute decision maker or guardian has been appointed under that Act to make decisions about an adult's financial affairs, business or assets, and
(b) that the adult's land is or may be endangered. , and
(b) [Spent]
1993-35-83; 1993-67-59.
11 [Repealed 2006-33-1.]