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IMPORTANT INFORMATION |
Part 10 — Applications for Registration and Evidence in Support
147 (1) An instrument or other document tendered for registration, filing, lodging or deposit must not be received by the registrar unless it is the original instrument or document and is accompanied by an appropriate application.
(2) The registrar may dispense with compliance with subsection (1) if
(a) no form of application is approved by the director, and
(b) in the registrar's opinion hardship might otherwise ensue.
(3) An instrument itself constitutes a sufficient form of application if
(a) the instrument is in the form approved by the director, and
(b) the registrar considers that no further information or act of the applicant is necessary for the registrar to receive an application in respect of the instrument.
148 (1) An application under this Act must be in writing and be in or include one of the forms approved by the director or, if no appropriate form is approved, in a form satisfactory to the registrar.
(2) An application may be made by the applicant in person, or on the applicant's behalf by the applicant's
(a) solicitor, or
(b) agent residing in British Columbia who has reached 19 years of age.
(3) A solicitor or agent who has made an application may, under this Act, do all other acts and things that lie within the scope of the authority given to the solicitor or agent.
(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.
149 (1) An applicant must
(a) include in the instrument or other document tendered for registration, filing, lodging or deposit, or
(b) deliver to the registrar a memorandum in writing containing
an address to which it will be sufficient to mail any notices that, under this Act, is required to be served on or allowed to be posted to the applicant.
(2) The applicant may from time to time, by a notice in the form approved by the director or by other writing, file with the registrar a change of address.
(3) On receiving the notice or other writing duly completed, the registrar must note the change in the register.
150 (1) The registrar may require that the given names, surname, address and occupation of the witness and of all parties to an instrument produced for registration be provided by evidence to the satisfaction of the registrar.
(2) If a party is a corporation, the registrar may require that its incorporation number be stated after the name of the corporation.
152 In an instrument tendered for registration to which a government of a foreign country, province or state is a party, the party must be described in a manner satisfactory to the registrar.
153 (1) The registrar must record on each application received by the registrar
(a) the date and time of its receipt, and
(b) the serial number assigned to the instrument or other document.
(2) For the purposes of priority among purchasers, transferees, mortgagees and others, and for all purposes of this Act, the date and time recorded under subsection (1) (a) is the date and time when the application was received by the registrar and a true copy of that record must be received in all courts as conclusive proof of the date and time the application was received by the registrar.
154 A person claiming to be registered as owner in fee simple of land must apply to the registrar for registration in the form approved by the director.
155 (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 form approved by the director 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.
(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 form approved by the director and 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 form approved by the director and adapted to suit the circumstances.
156 (1) A person producing an instrument in support of an application for registration must apply to register the title dealt with by the instrument to the full extent to which the instrument is effectual.
(2) If application is made to register the title to a part of the land or to an undivided portion of the interest comprised in and effectually dealt with by an unregistered instrument, the registrar must not register the application unless registration of the title to the remainder of the land, or to the remaining interest comprised in the instrument and located in the registrar's land title district is concurrently applied for.
(3) In case of a transmission of property by reason of death, the registrar may, if in the registrar's opinion hardship might otherwise ensue, accept an application for the registration of the title to a portion of the property.
(4) Subsection (1) applies to an instrument purporting to create, assign or otherwise deal with 2 or more charges on land.
(5) Subsection (4) does not apply to a lease or agreement for lease for a term not exceeding 3 years if there is actual occupation under the lease or agreement so as to require the tenant, on applying to register an option to purchase or right of first refusal contained in the lease or agreement, to register the lease or agreement.
157 (1) If an application is made in the appropriate approved 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 approved form may be included in a letter or other document satisfactory to the registrar.
(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
(c) claims registration accordingly.
(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.
(5) Unless otherwise stated in the form, the address of the person entitled to be registered as owner is deemed to be that shown in the instrument.
(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.
158 (1) An application for the registration of the fee simple must not include
(a) subdivided and unsubdivided land,
(b) parcels shown under different subdivision plans,
(c) more than 5 parcels of subdivided land,
(d) several parcels of unsubdivided land that are not contiguous, or
(e) several parcels of unsubdivided land, whether or not they are contiguous, if the total area of the parcels included would exceed 800 ha.
(2) Despite subsection (1), one single parcel containing in excess of 800 ha may be included in a single application.
(3) For the purpose of this section, a highway, dike, stream or statutory right of way is not a break in the contiguity of land that is otherwise contiguous.
(4) The Board of Directors may make regulations amending the restrictions imposed by this section.
159 The registrar may require an applicant to produce or deposit an instrument or other document in the applicant's possession or in the applicant's control in any capacity affecting the land covered by the application or evidencing title to it.
160 The registrar may, by summons in the form approved by the director, 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.
161 (1) If a person summoned by the registrar to produce or deposit an instrument or other document refuses or neglects to do so, the registrar may apply to the Supreme Court, calling on the person to appear and show cause why the person should not obey the summons.
(2) If a person, after being served with notice of the application under subsection (1), refuses or neglects to attend before the court at the time and place set in the notice, the court may
(a) issue a warrant authorizing and directing the person so summoned to be apprehended and brought before the court for examination, or
(b) make any order that may be just.
162 (1) The court may examine on oath the person summoned under section 160 and, after the examination or in the person's absence, may order the person to produce or deliver up the instrument or other document requested by the registrar.
(2) If the person summoned
(a) refuses or neglects to comply with the order, or
(b) cannot be found and the summons or warrant cannot be served on the person,
the court may
(c) direct the registrar to proceed with the application pending before the registrar without the production of the instrument or other document,
(d) declare that the instrument or other document is deemed to be cancelled, amended or endorsed, in whole or to the extent that the registrar would have had authority to cancel, amend, or endorse it if it had been produced to the registrar on the application under section 161 (1), and
(e) make any further order that the circumstances of the case may require.
163 (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 form approved by the director to the person who has possession of the instrument.
(2) If a duplicate indefeasible title for land affected by an expropriation notice is issued at the time the notice is filed, the registrar must
(a) cancel the duplicate indefeasible title, and
(b) give notice of its cancellation to the person to whom it was delivered at the person's address specified in section 176 (5)
and the registrar must not issue another duplicate indefeasible title for the land until a vesting notice or notice of abandonment respecting the expropriation has been filed in accordance with the Expropriation Act.
164 (1) The period stipulated in the notice in the approved form or an extension of that period is in the discretion of the registrar.
(2) Unless a good and valid objection in writing from the person served with the notice is received within the period stipulated in the notice or in an extension of it, the registrar may proceed with the registration of the title claimed by the applicant.
(3) If the title claimed is an estate in fee simple, an outstanding absolute certificate of title or duplicate indefeasible title, the nonproduction of which is mentioned in the notice, is deemed conclusively to be cancelled as to the land so registered in the name of the applicant.
165 (1) For the purpose of this Act, a corporation, including a strata corporation, is deemed to have the power and capacity of a natural person of full capacity in acquiring and disposing of land despite a stipulation, restriction or qualification expressed or imposed in any other Act or law, charter or memorandum and articles of association of the corporation, or in any other document.
(2) Subsection (1) does not relieve a person who under an Act or law is responsible for or in control of a corporation from liability for acts of the corporation that, despite subsection (1), are beyond the powers of the corporation.
(3) If a corporation holds land in a fiduciary capacity, subsection (1) is subject to section 180 and does not
(a) extend the powers of the corporation in respect of that land, or
(b) relieve the corporation or a person who by statute or law is responsible for or in control of the corporation from liability to the beneficiaries for an act of the corporation that is beyond its powers, or is contrary to the trusts under which the corporation holds the land.
(4) Despite
(a) any other Act or law,
(b) the charter, memorandum, notice of articles and articles or other constating documents of a corporation, or
(c) any other document,
an instrument executed by a corporation is, in favour of all persons dealing in good faith with the corporation, conclusively deemed to be properly executed and the instrument takes effect accordingly if
(d) the instrument is executed for the corporation by an individual whose signature is represented in the instrument as the signature of an authorized signatory of the corporation,
(e) the execution of the instrument is witnessed or proved in accordance with Part 5, and
(f) in the case of a strata corporation, the instrument is accompanied by a Certificate of Strata Corporation in the prescribed form under the Strata Property Act stating that the execution of the instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and that the instrument conforms to the resolution.
(5) The registrar may accept the signature of an officer under Part 5 or an affidavit under section 49 as sufficient evidence that a corporation existed at the time an instrument was executed by it, or the registrar may require further evidence of that fact.
166 (1) Subject to subsection (3), all instruments and other documents deposited with the registrar must remain on deposit in the land title office or in some other location approved by the Board of Directors.
(2) If an application to register or deposit an instrument is refused by the registrar or withdrawn, the instrument produced in support of the application must be returned to the applicant.
(3) An instrument or other document may be destroyed if
(a) there is a duplicate, as defined in section 38, of the instrument or other document,
(b) the instrument or other document has no significant historical value, and
(c) the destruction is authorized by the bylaws of the Land Title and Survey Authority.
167 (1) If an application has been made, and no other pending application is affected by it, the applicant may withdraw the application as to all or a part of the land comprised in it at any time before registration, on terms the registrar considers proper.
(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.
(3) If a caveat has been lodged contesting the applicant's right to registration, the registrar may refuse to allow the application to be withdrawn until the applicant has paid the caveator a sum the Supreme Court on application may set, and the court may, by order, direct the applicant to pay reasonable compensation for the costs and expenses to which the caveator has been put because of the application.
(4) An application that has been withdrawn is void.
168 (1) The registrar may cause an application and an instrument or other document presented with it
(a) to undergo a preliminary inspection, or
(b) to be received without preliminary inspection.
(2) An application may be summarily rejected if, in a preliminary inspection under this section,
(a) the instrument or other document
(i) does not qualify in substance and in form for registration, filing or deposit,
(ii) is not on sufficiently durable paper,
(iii) is illegible in any respect, including the signature of a witness or an official authorized to take an affidavit,
(iv) is in whole or in part a carbon copy of a typewritten document, or
(v) is not capable of being satisfactorily microfilmed or photocopied or of being scanned and stored electronically using equipment in the land title office,
(b) the supporting application or other document is incomplete or not in proper form, or
(c) obvious defects in title are discovered.
(3) Whether or not there has been a preliminary inspection, the application is received when the registrar has complied with section 153.
(4) Every application received must be examined without delay and, except for an application to register a certificate of pending litigation or to lodge a caveat, must be given consideration in order of its receipt.
Division 1 — Interpretation and Application
168.1 In this Part:
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"certification authority" means a certification authority recognized by the director under
"certification practice statement" means the statement approved by the director under
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"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
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(ii) electronic returns under the Property Transfer Tax Act;
"officer" has the same meaning as in Part 5;
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"transferor" includes any person authorized by or under an enactment to execute
168.11 This Part applies only to the land title districts designated by the director and to those applications, instruments and other documents the electronic form of which is designated by the director for the purposes of this Part.
Division 2 — Electronic Applications and Instruments
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168.2 Except as provided in this
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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
(b) witnessed.
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(4) The incorporation of the electronic signature of a subscriber into an electronic instrument is a certification
(a) if in accordance with subsection (3), that the requirements in subsection (3) (a) and (b) are met,
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(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.
(8) [Repealed 2004-12-15.]
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.
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:
(a) an applicant;
(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.
(4) [Repealed 2004-12-17.]
(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).
168.41 (1) In this section, "supporting document" means a document required by this Act or any other enactment to be filed,
(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,
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(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,
168.42 (1) If a person referred to in section 168.4 (2) (a) or (b) discovers an
(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.
168.5 If an electronic instrument submitted in accordance with this
168.51 The registrar may, before the registration or cancellation of an estate, interest or claim evidenced by an electronic instrument,
(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
(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;
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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.
(2) [Repealed 2004-12-21.]
(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.
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.
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
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Division 3 — Certification of Subscribers
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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.
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).
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.
168.9 A person commits an offence if the person
(a) incorporates his or her electronic signature into an
(b) incorporates the electronic signature of another person into an
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:
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(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;
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