Contents
|
Section
|
Part 1 – Definitions, Interpretation and Application
|
|
1 |
Definitions |
|
2 |
References |
|
3 |
Application to Strata Property Act
|
Part 2 – Land Title Offices and Officers
|
|
4 |
Land title districts |
|
5 |
Power to constitute and change districts
|
|
6 |
Land title office |
|
7 |
Continuation of existing offices and records
|
|
8 |
Duty of registrar to provide records affecting land in new district
|
|
9 |
Director of Land Titles |
|
10 |
Registrar and staff |
|
11 |
Deputy registrar and assistant deputy registrar
|
|
12 |
Evidence of authority of officials to act in certain cases
|
|
13 |
Qualifications for appointment to office
|
|
14 |
Prohibition of officers and staff acting in conflict with duties
|
|
15 |
Official seal |
|
16 |
Office hours |
|
17 |
Ministry of Attorney General
|
|
18 |
Protection of director and registrar from personal liability
|
|
19 |
Exemption of registrar from attendance as witness in court
|
Part 3 – Registration and Its Effect
|
|
20 |
Unregistered instrument does not pass estate
|
|
21 |
Unregistered instruments executed and taking effect before July 1, 1905
|
|
22 |
Operation of instrument as from time of registration
|
|
23 |
Effect of indefeasible title
|
|
24 |
Title by prescription abolished
|
|
25 |
Protection of registered owner against actions for recovery of land
|
|
26 |
Registration of a charge
|
|
27 |
Notice given by registration of charge
|
|
28 |
Priority of charges based on priority of registration
|
|
29 |
Effect of notice of unregistered interest
|
|
30 |
Notice of unregistered interest as affecting registered owner of charge
|
|
31 |
Priority of caveat or certificate of pending litigation
|
|
32 |
Validity of registered voluntary conveyance
|
|
33 |
Equitable mortgage or lien not registrable
|
|
34 |
Registration of indefeasible title by court order
|
|
35 |
Admissibility of instruments
|
|
36 |
Completion of registration
|
|
37 |
Registration effective from time of application
|
|
38 |
Registrar to create official record of instruments and documents
|
Part 4 – Forms of Instruments
|
|
39 |
Registrable instruments
|
|
40 |
Order in Council transferring government rights in highway
|
Part 5 – Attestation and Proof of Execution of Instruments
|
|
41 |
Definitions |
|
42 |
Witnessing and execution
|
|
43 |
Witnessing – individuals |
|
44 |
Witnessing – corporations |
|
45 |
Witnessing – individual power of attorney |
|
46 |
Witnessing – corporate power of attorney |
|
47 |
Witnessing – persons not fluent in English
|
|
47.1 |
Representation agreement
|
|
48 |
Execution under seal |
|
49 |
If instrument not witnessed
|
|
50 |
Defects |
Part 6 – Powers of Attorney and Representation Agreements
|
|
51 |
Deposit of power of attorney on registration of instrument
|
|
52 |
Attorney's powers extend to after acquired land
|
|
53 |
Index of powers of attorney
|
|
54 |
Effect of execution of second power of attorney
|
|
55 |
Power of personal representative or trustee
|
|
56 |
Power of attorney valid for 3 years only
|
|
57 |
Revocation of power of attorney
|
Part 7 – Descriptions and Plans
|
|
Division 1 – General |
|
58 |
Description of land |
|
59 |
Public official plan |
|
60 |
Description in Crown grant
|
|
61 |
Registration of title to Esquimalt and Nanaimo Railway Company land
|
|
62 |
Subsequent descriptions of land
|
|
63 |
Description by parcels shown on subdivision plan
|
|
64 |
Substitution for metes and bounds or abbreviated description
|
|
65 |
Assignment of distinguishing letter to remainder
|
|
66 |
Assignment of distinguishing letter by registrar
|
|
67 |
Requirements as to subdivision and reference plans
|
|
68 |
Posting plan |
|
69 |
Block outline survey |
|
70 |
Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant
|
|
71 |
Composite plans |
|
72 |
When composite plan not to be deposited
|
|
Division 2 – Subdivision of Land |
|
73 |
Restrictions on subdivision
|
|
74 |
Method of defining new parcel
|
|
75 |
Requirements for subdivisions
|
|
76 |
Relief from requirements established by section 75
|
|
Division 3 – Appointment, Powers and Duties of Approving Officers |
|
77 |
Appointment of municipal approving officers
|
|
77.1 |
Appointment of regional district and islands trust approving officers
|
|
77.2 |
Provincial approving officers
|
|
77.3 |
Nisga'a approving officer
|
|
78 |
Certain designations prohibited on subdivision plans
|
|
79 |
[Repealed] |
|
80 |
Controlled access highways
|
|
81 |
Land in improvement districts
|
|
82 |
Subdivided land subject to flooding
|
|
Division 4 – Approval of Subdivision Plans |
|
83 |
Tender of plan for examination and approval
|
|
83.1 |
Referral to designated highways official
|
|
84 |
Plan tendered later than 3 months after survey
|
|
85 |
Time limit for approval and consideration of public interest
|
|
85.1 |
Application of Waste Management Act
|
|
86 |
Matters to be considered by approving officer on application for approval
|
|
87 |
Local government matters to be considered by approving officer
|
|
88 |
Approval of plan |
|
89 |
Appeal to Supreme Court
|
|
90 |
Power of Lieutenant Governor in Council to prohibit deposit of plan
|
|
Division 5 – Deposit of Subdivision Plans |
|
91 |
Approval of subdivision plan required
|
|
92 |
Application for deposit
|
|
93 |
Title to land in plan required to be registered
|
|
94 |
Endorsement of certificate
|
|
95 |
Accreted land within plan
|
|
96 |
Water boundary deemed to be natural boundary
|
|
97 |
Signatures of owners to plan
|
|
98 |
New indefeasible titles for parcels shown on deposited plan
|
|
Division 6 – Other Methods of Defining New Parcels |
|
99 |
Registrar to determine whether description of land acceptable
|
|
100 |
Re-establishment of boundaries
|
|
101 |
Principles guiding approving officer
|
|
102 |
Dedication by reference or explanatory plan
|
|
103 |
Execution of plan by owner
|
|
104 |
Serial deposit number |
|
Division 7 – Conflicting Measurements |
|
105 |
Power of registrar if measurements on plans conflict
|
|
106 |
Power of registrar to correct errors, defects or omissions
|
|
Division 8 – Vesting of Title by Deposit of Plan |
|
107 |
Dedication and vesting
|
|
108 |
If designation on plan "Returned to Crown in right of the Province"
|
|
109 |
Extinguishment of highway not shown on plan
|
|
Division 9 – Amendment of Plan |
|
110 |
Amendment of deposited plan in certain cases
|
|
Division 10 – Penalties If Plan Not Deposited |
|
111 |
Rights of purchaser when plan not deposited
|
|
112 |
Penalty for failure to deposit plan of subdivision
|
|
Division 11 – Statutory Right of Way Plans |
|
113 |
Deposit |
|
114 |
Statutory right of way plan may be used in application to register fee simple
|
|
115 |
Deposit of statutory right of way plan by Minister of Transportation and Highways
|
|
116 |
Requirements of statutory right of way plans
|
|
117 |
Widening of statutory right of way
|
|
118 |
When water boundary deemed natural boundary
|
|
119 |
Alteration in deposited statutory right of way plan
|
|
Division 12 – Plans and Descriptions to Accompany Bylaws |
|
120 |
Municipal bylaw closing highway or public square to be filed
|
Part 8 – Cancellation of Plans
|
|
121 |
Definitions and interpretation
|
|
122 |
Cancellation of plans by application to the registrar
|
|
123 |
Petition to cancel plan
|
|
124 |
Report of the approving officer and Ministry of Transportation and Highways
|
|
125 |
Service of petition and other documents
|
|
126 |
Publication and posting
|
|
127 |
Notice of intention to appear
|
|
128 |
Place of hearing |
|
129 |
Powers of registrar in relation to the hearing
|
|
130 |
Duties of registrar on hearing the petition
|
|
131 |
Powers of the registrar to cancel or alter a plan
|
|
132 |
Opposition by local authority
|
|
133 |
Opposition by Minister of Transportation and Highways
|
|
134 |
Preparation and registration of order
|
|
135 |
Registrar may vest an estate in fee simple
|
|
136 |
Cancellation by minister of plan comprising Crown land
|
|
137 |
Cancellation of interior lines
|
Part 9 – Air Space Titles
|
|
138 |
Definitions |
|
139 |
Air space is land |
|
140 |
Covenant to grant easements or to convey restrictive covenants not implied
|
|
141 |
Subdivision of land into air space parcels
|
|
142 |
Air space parcels in respect of highways
|
|
143 |
Air space plan |
|
144 |
Air space plan |
|
145 |
Taxation |
|
146 |
Application |
Part 10 – Applications for Registration and Evidence in Support |
|
147 |
Application required |
|
148 |
Form and manner of applying
|
|
149 |
Address of applicant |
|
150 |
Particulars as to witness and parties to instrument
|
|
151 |
[Repealed] |
|
152 |
Description of foreign government
|
|
153 |
Time of application |
|
154 |
Application for registration of fee simple
|
|
155 |
Application for registration of charge
|
|
156 |
Application must be for all lands or charges comprised in instrument
|
|
157 |
Forms |
|
158 |
Restrictions as to scope of application
|
|
159 |
Registrar may require deposit of instruments
|
|
160 |
Summons to produce instruments
|
|
161 |
Application to court to compel production or deposit of instruments
|
|
162 |
Powers of court on hearing
|
|
163 |
Notice of intention to register
|
|
164 |
Registration after notice
|
|
165 |
Corporate powers assumed
|
|
166 |
Disposal of instruments deposited
|
|
167 |
Withdrawal of application
|
|
168 |
Summary rejection of defective application
|
Part 11 – Registration of Title in Fee Simple |
|
Division 1 – First Registration |
|
169 |
Registration of title |
|
170 |
Requirements as to production of title deeds
|
|
171 |
Adverse possession |
|
172 |
First estate of inheritance necessary to registration of fee simple
|
|
173 |
Several persons interested in registration
|
|
174 |
Application to convert absolute fee into indefeasible title
|
|
Division 2 – The Register and Duplicate Indefeasible Titles |
|
175 |
Register and records |
|
176 |
Duplicate indefeasible title
|
|
177 |
Registration of joint tenants
|
|
Division 3 – General |
|
178 |
Limitation on number of parcels
|
|
179 |
Rights of owner of surface
|
|
180 |
Recognition of trust estates
|
|
181 |
Interest or right reserved to transferor
|
|
182 |
Registration of restrictive covenants and easements
|
|
183 |
Entries carried forward from original entry
|
|
184 |
Registration of grantor a condition precedent
|
Part 12 – Transfers |
|
185 |
Form of transfer |
|
186 |
Implied covenants |
|
187 |
Registration of transferee
|
|
188 |
Registration by amendment to register
|
|
189 |
Dealings with duplicate indefeasible title on transfer
|
|
190 |
Destruction of duplicate indefeasible title
|
Part 13 – Dealings With Indefeasible Title Other Than by Registration
|
|
191 |
Registration of new indefeasible title and change of name
|
|
192 |
Registration of several indefeasible titles instead of original
|
|
193 |
Lost indefeasible certificate of title
|
|
194 |
Effect given to new or provisional indefeasible title
|
|
195 |
Surrender of duplicate indefeasible title on registration of charge
|
|
196 |
Provisional title may issue to minerals
|
Part 14 – Registration of Title to Charges |
|
Division 1 – General |
|
197 |
Registration of charges
|
|
198 |
Registration of person creating charge
|
|
199 |
Registration of subcharges
|
|
200 |
No subright to purchase registrable
|
|
201 |
Registration of assignment of charge
|
|
202 |
Charge created by corporation
|
|
203 |
Floating charges on land
|
|
204 |
Registration of debt to the government as a charge
|
|
205 |
Writ of affecting land
|
|
206 |
Registration of transfer, extension or modification of charges
|
|
207 |
Form of postponement |
|
208 |
Certificates of charge
|
|
209 |
Transfer of mortgage |
|
Division 2 – Judgments |
|
210 |
Registration of judgments in same manner as charge
|
|
211 |
Registration of assignment of judgment and form of assignment
|
|
212 |
Notice to judgment creditor of intention to register
|
|
213 |
Costs on failure to establish priority
|
|
214 |
Form of release |
|
Division 3 – Certificate of Pending Litigation |
|
215 |
Registration of certificate of pending litigation in same manner as charge
|
|
216 |
Effect of registered certificate of pending litigation
|
|
217 |
Effect of certificate of pending litigation if prior application is pending
|
|
Division 4 – Statutory Rights of Way, Miscellaneous Covenants and Easements |
|
218 |
Statutory right of way
|
|
219 |
Registration of covenant as to use and alienation
|
|
220 |
Statutory building scheme and letting scheme
|
|
221 |
Requirements of registrable restrictive covenant
|
|
222 |
Discriminating covenants are void
|
|
223 |
Subdivision of dominant tenement
|
|
Division 5 – Mortgages |
|
224 |
Definition |
|
225 |
Form of mortgage |
|
226 |
Modification of standard terms
|
|
227 |
Prescribed standard mortgage terms
|
|
228 |
Filed standard mortgage terms
|
|
229 |
Receipt of standard mortgage terms by mortgagor
|
|
230 |
Registrar may require filing
|
|
231 |
Effect of a mortgage |
|
Division 6 – General Instruments |
|
232 |
Definitions and application
|
|
233 |
Form of general instrument
|
|
234 |
Modification of standard terms of general instrument
|
|
235 |
Filed standard general instrument terms
|
|
236 |
Effect of a general instrument
|
|
237 |
Release of registered charge
|
Part 15 – Instruments |
|
238 |
Registration of instruments
|
|
239 |
Floating charges on land
|
|
240 |
Suspension and alteration
|
Part 16 – Cancellation of Charges |
|
241 |
Cancellation of registration of charge
|
|
242 |
Application to cancel mortgage created by vendor
|
|
243 |
Redemption of mortgage if mortgagee absent
|
|
244 |
Mortgagee's refusal or neglect to give discharge
|
|
245 |
Vesting order in favour of purchaser
|
|
246 |
Cancellation if charge determined by effluxion of time
|
|
247 |
Cancellation of lease on breach of covenant
|
|
248 |
Effect of cancellation
|
|
249 |
Power of court to order cancellation of charge
|
|
250 |
Cancellation of charge on payment into court
|
|
251 |
Application to court |
|
252 |
Cancellation of certificate of pending litigation
|
|
253 |
Cancellation of certificate of pending litigation if action discontinued
|
|
254 |
Cancellation of certificate of pending litigation if action dismissed
|
|
255 |
If action neither dismissed nor discontinued
|
|
256 |
Cancellation of certificate of pending litigation on other grounds
|
|
257 |
Power of court to order cancellation
|
|
258 |
Cancellation of registration
|
|
259 |
Discharge of mortgage |
Part 17 – Transmission of Fee Simple and Charge |
|
Division 1 – General |
|
260 |
Registration of transmission before subsequent dealing
|
|
261 |
Conveyance under Court Order Enforcement Act or Builders Lien Act
|
|
262 |
Registration of land vested in Crown by statute
|
|
Division 2 – On Death of Testator or Intestate |
|
263 |
Definitions |
|
264 |
Power and title of personal representative on registration
|
|
265 |
Death before April 1, 1947
|
|
266 |
Death after March 31, 1947
|
|
267 |
Discharge of mortgage |
|
268 |
When resealing may be dispensed with
|
|
Division 3 – On Death of Joint Tenant |
|
269 |
Transmission re joint tenancies
|
|
270 |
Discharge of mortgage by surviving joint tenant
|
|
Division 4 – On Foreclosure |
|
271 |
Presumption as to regularity of foreclosure and cancellation proceedings
|
|
Division 5 – Tax Sales |
|
272 |
Notice of tax sale as to each parcel sold
|
|
273 |
Notice of redemption of tax sale land
|
|
274 |
Application to other Acts
|
|
275 |
Registration of tax sale purchaser under Taxation (Rural Area) Act
|
|
276 |
Effect of registration of title derived from tax sale
|
|
277 |
Provincial tax sale purchaser under repealed Acts
|
|
278 |
Land forfeited to or vested in Crown
|
|
279 |
Tax sales held under Taxation (Rural Area) Act
|
|
280 |
Application to the government
|
Part 18 – Notice of Certain Conditions and Obligations
|
|
281 |
Forest Act |
Part 19 – Caveats |
|
282 |
Lodging caveat |
|
283 |
Right of registered owner to lodge caveat
|
|
284 |
Power of court to issue injunction
|
|
285 |
Power of registrar to lodge caveat
|
|
286 |
Form of caveat |
|
287 |
Duty of registrar on receipt of caveat
|
|
288 |
Effect of caveat |
|
289 |
Proceedings for discharge of caveat
|
|
290 |
Withdrawal of caveat |
|
291 |
Further caveat lodged after caveat has lapsed, been withdrawn or discharged
|
|
292 |
Registration of withdrawal, lapse or discharge of caveat
|
|
293 |
Lapse of caveat |
|
294 |
Compensation if caveat lodged wrongfully
|
Part 20 – Assurance Fund
|
|
295 |
Maintenance of assurance fund
|
|
296 |
Remedies of person deprived of land
|
|
297 |
Protection of purchaser in good faith and for value
|
|
298 |
Fault of registrar |
|
299 |
Notice of actions against Attorney General
|
|
300 |
Liability of plaintiff for costs
|
|
301 |
Actions against Attorney General
|
|
302 |
Judgment against person liable
|
|
303 |
Limitation of liability of assurance fund
|
|
304 |
Recovery limited to value of land
|
|
305 |
Payment from assurance fund without action
|
|
306 |
Payment from consolidated revenue fund
|
|
307 |
Withholding of payment until proceedings concluded
|
Part 21 – Appeals |
|
308 |
Duty of registrar to notify applicant of refusal of registration
|
|
309 |
Appeal to court |
|
310 |
Preservation of applications
|
|
311 |
Appeals from decision of registrar
|
|
312 |
Registrar to act on order of court
|
|
313 |
Registrations made under order of court
|
|
314 |
Power of registrar to state case
|
Part 22 – Notices |
|
315 |
Powers of registrar regarding preparation and service of notice
|
|
316 |
Personal service |
|
317 |
Service by mail |
|
318 |
Substituted service |
|
319 |
Service if person is dead
|
|
320 |
Effect of service |
|
321 |
Rights of purchaser for value protected
|
Part 23 – Special Surveys
|
|
322 |
Definitions |
|
323 |
Attorney General may order special survey
|
|
324 |
Apportionment of costs if land within municipality
|
|
325 |
Apportionment of costs if land is in a rural area
|
|
326 |
Power to amend order if land subsequently becomes included within municipality
|
|
327 |
Advancement of costs by municipality or owners
|
|
328 |
Transmittal of copy of order to proper officer and registrar
|
|
329 |
Notice of special survey
|
|
330 |
Surveyor to act under Attorney General
|
|
331 |
Preliminary procedure |
|
332 |
Supplemental order or direction of Attorney General
|
|
333 |
Procedure for fixing boundary of survey area
|
|
334 |
Transmittal of copy of supplemental order to proper officer and registrar
|
|
335 |
Guiding principles for surveyor
|
|
336 |
Nature of survey |
|
337 |
Plans |
|
338 |
Appointment of substituted surveyor
|
|
339 |
Report of surveyor |
|
340 |
Notice to registrar |
|
341 |
Notice to proper officer
|
|
342 |
Notice of completion of survey
|
|
343 |
Notice of hearing |
|
344 |
Statement of complaint or claim
|
|
345 |
Hearing by Attorney General or other person appointed by him
|
|
346 |
Subpoena |
|
347 |
Method of conducting hearing
|
|
348 |
Power of Attorney General to decide complaints and claims and make order
|
|
349 |
Principles for determining compensation
|
|
350 |
Approval of survey and plan by Lieutenant Governor in Council
|
|
351 |
Power to vest land |
|
352 |
Notice of order in council approving of survey
|
|
353 |
Appeal |
|
354 |
Entry of appeal |
|
355 |
Registration |
|
356 |
Method of registration
|
|
357 |
Effect of registration
|
|
358 |
Notice of registration
|
|
359 |
Assessment within municipalities
|
|
360 |
Assessment in rural area
|
|
361 |
Duty of surveyor to destroy conflicting monuments
|
|
362 |
Recovery of compensation and costs
|
|
363 |
Removal of special survey monuments
|
|
364 |
Power of Lieutenant Governor in Council to correct errors
|
|
365 |
Offence and penalty |
Part 24 – Registration of Title to Indian Lands |
|
366 |
Definitions and interpretation
|
|
367 |
Filing of patent |
|
368 |
Application for registration of Indian land – general
|
|
369 |
Where application affects unregistered Indian land
|
|
370 |
If application affects registered Indian land
|
|
371 |
Other laws not to affect Torrens system
|
|
372 |
Execution of instruments
|
|
373 |
Liability limited |
Part 24.1 – Nisga'a Lands and Categories A and B Lands |
|
Division 1 – Treatment of Nisga'a Lands and Institutions |
|
373.2 |
Effect of indefeasible title to Nisga'a Lands
|
|
373.21 |
Assignment of distinguishing letter by registrar
|
|
373.22 |
Requirements as to subdivision in respect of Nisga'a Lands
|
|
373.23 |
Controlled access highways
|
|
373.3 |
Tender of plan for examination and approval
|
|
373.31 |
Matters to be considered by approving officer on application for approval
|
|
373.32 |
Matters to be considered in respect of land within Nisga'a Lands
|
|
373.33 |
Acceptable descriptions of land
|
|
373.4 |
Dedication by reference or explanatory plan
|
|
373.41 |
Dedication and vesting
|
|
373.42 |
Designation of plans in respect of submerged lands
|
|
373.43 |
Amendment of deposited plan in certain cases
|
|
373.44 |
Deposit of statutory right of way plan
|
|
373.5 |
Nisga'a law to be filed if closing road or public square
|
|
373.51 |
Definitions for applying Part 8
|
|
373.52 |
Cancellation of plans
|
|
373.53 |
Air space
|
|
373.6 |
Rights of owner of surface
|
|
373.61 |
Registration of debt owing to Nisga'a Nation or Nisga'a Village
|
|
373.62 |
Statutory right of way
|
|
373.63 |
Registration of covenant as to use and alienation
|
|
373.64 |
Registration of land vested under Nisga'a law
|
|
373.7 |
Notice of tax sale or redemption of tax sale land
|
|
373.71 |
Effect of registration of title derived from tax sale
|
|
373.72 |
Power of registrar to lodge caveat
|
|
Division 2 – First Registration of Title to Nisga'a Lands |
|
373.73 |
Plan required with application for first registration
|
|
373.8 |
Conclusive evidence of good safe holding and marketable title
|
|
373.81 |
Additions to Nisga'a Lands
|
|
373.82 |
Execution of instruments in respect of Nisga'a Lands
|
|
Division 3 – Registration of Categories A and B Lands |
|
373.9 |
Requirement for first registration of Categories A & B Lands
|
|
373.91 |
Effect of indefeasible title to Categories A & B Lands
|
Part 25 – Miscellaneous |
|
374 |
Record of names |
|
375 |
Record of registered land
|
|
376 |
Pending applications |
|
377 |
Searching of records |
|
378 |
Registrar to provide certificates
|
|
379 |
Certificate as evidence
|
|
380 |
Lost or destroyed instruments
|
|
381 |
Rights of officers of taxing authorities
|
|
382 |
Powers and duties of registrar
|
|
383 |
Registrar to cancel or correct instruments, etc.
|
|
384 |
Preservation of registry records and plans
|
|
385 |
Power to make regulations
|
|
386 |
Fees |
|
386.1 |
Fees specified in Schedule
|
|
387 |
Offence of fraud |
|
388 |
Offence of false representation |
|
389 |
Application of Offence Act |
|
390 |
Penalties |
|
391 |
Conviction not to affect liability
|
|
392 |
Contaminated land |
|
393 |
Transitional |
Schedule |