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In This Volume

  • 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.

1979-219-144; 1989-69-12, effective April 1, 1990 (B.C. Reg. 53/90); 1993-28-10, effective April 28, 1994 (B.C. Reg. 128/94); 2004-66-78 and 86, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

General Application Form

Except where another form of application has been approved by the director, applicants must file a Form 17 with any instrument tendered for registration. The use of Form 17, in either electronic or hardcopy form, is compulsory.

Electronic Submissions

For electronic submissions, the director has approved the use of the electronic Form 17 Fee Simple; Form 17 Charge, Notation, or Filing; and Form 17 Cancellation of Charge, Notation, or Filing. Supporting Documents that may be attached to the electronic Form 17 are listed in the Form 17 Help Guide. Copies of Form 17 are reproduced in the Green Book and may be downloaded from ltsa.ca or in Web Filing using a myLTSA Enterprise account.

Hardcopy Submissions

Hardcopy submissions are only accepted under the exemptions set out in E-filing Directions at ltsa.ca under “Practice Info” ,”E-filing User Guides and Publications” or on an exception basis as permitted by the registrar in accordance with those Directions.

For hardcopy submissions, the director has approved the use of Form 17, Application. For the director’s requirements for hardcopy submissions, see E-filing Directions at ltsa.ca under “Practice Info” ,”E-filing User Guides and Publications”.

Form 17 is reproduced at chapter 33 (Land Title Act—Forms) of this Manual and a template is available for download at ltsa.ca.

Transfer Forms Incorporating Application

The director has approved the use of Transfer Forms A, B, and C. The use of these forms, in either electronic or hardcopy form, is compulsory. Forms A, B, and C do not require a Form 17 because each form complies with the requirements of s. 147(3).

Electronic Submissions

For electronic submissions, the director has approved the use of the electronic Form A Freehold Transfer, Form B Mortgage, Form C Charge, and Form C Release. These forms are reproduced in the Green Book and may be downloaded at ltsa.ca or in Web Filing using a myLTSA Enterprise account.

Hardcopy Submissions

Hardcopy submissions are only accepted under the exemptions set out in E-filing Directions at ltsa.ca under “Practice Info” ,”E-filing User Guides and Publications”, or on an exception basis as permitted by the registrar in accordance with those Directions.

For hardcopy submissions, the director has approved the use of Form A Freehold Transfer, Form B Mortgage, and Form C General Instrument. For the director’s requirements for hardcopy submissions, see E-filing Directions at ltsa.ca.

Hardcopy Forms A, B, and C are reproduced at chapter 33 (Land Title Act—Forms) of this Manual and templates are available for download at ltsa.ca.

Other Forms Incorporating Application

Electronic Submissions

LTO Application to Deposit Plan

An electronic LTO Application to Deposit Plan is available for download at ltsa.ca.

Builders Lien Act, Claim of Builders Lien, Form 5

An electronic Form 5 under the Builders Lien Act is available for download at ltsa.ca or in Web Filing using a myLTSA Enterprise account.

Local Government Filing Form

An electronic Local Government Filing form is available for download at ltsa.ca or in Web Filing using a myLTSA Enterprise account.

Strata Property Act Filing Form

An electronic Strata Property Act Filing form is available for download at ltsa.ca or in Web Filing using a myLTSA Enterprise account. Supporting Documents that may be attached to the electronic Strata Property Act Filing form are listed in the Supporting Documents for Electronic Applications.

Hardcopy Submissions

Hardcopy submissions are only accepted under the exemptions set out in E-filing Directions at ltsa.ca, or on an exception basis as permitted by the registrar in accordance with those Directions.

The following instruments may be registered without a hardcopy Form 17 application:

  1. caveats;
  2. claims of lien under the Builders Lien Act;
  3. powers of attorney; and
  4. applications for entry under the Land (Spouse Protection) Act, R.S.B.C. 1996, c. 246.

Note that a caveat receives preliminary examination prior to receiving an immediate application number, date, and time.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Return of Original Marriage or Death Certificates and Trust Instruments

See s. 38(6) of the Act, which authorizes the registrar to make a duplicate of a marriage certificate, death certificate, or trust instrument at the time of filing and return the original to the person applying to file it.

Submissions

Original marriage, change of name, birth, or death certificates and trust instruments are in the class of supporting documents designated by the director for electronic filing.

Original Powers of Attorney

See s. 51 of the Act regarding exceptions to the requirement that an original power of attorney be filed and the authority of the registrar to make a certified copy of an original power of attorney and return the original at the time of filing.

Submissions

An original, signed Power of Attorney or a Power of Attorney that is certified by the registrar and a statutory declaration regarding age are in the class of supporting documents designated by the director for electronic filing.