168.41 Documents Executed Or Witnessed

PRACTICE

Applications Certified by a Designate

The Director has established directions for certification by a designate in E-filing Directions, published at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced at chapter 71 (Director’s Directions).

Possession of Execution Copy

When a designate applies their electronic signature to a document, they are certifying that an execution copy or a true copy of that execution copy is in their possession.

Execution copy, in relation to an electronic document, means a legible paper copy of the document, containing every material provision and particular in the original, that is prepared for the purposes of certification under this section.

Truing Up an Original Electronic Instrument

The director has set out guidelines regarding the practice of truing up an original electronic instrument (see Practice Note 02-16, Truing Up an Original Electronic Instrument). The process of truing up is making changes to the original electronic instrument after execution of the execution copy in order to bring the original electronic instrument in line with changes and additions that were made to the execution copy after it was printed. “Execution copy” is defined in s. 168.1.

The guidelines relating to an execution copy and principles for truing up are as follows:

1. The executed execution copy must be a print of the electronic instrument of which it purports to be an execution copy.
2. There must be one electronic instrument for each execution copy. Printing off a series of copies of an incomplete electronic form and executing these before all material information has been completed, then adding the material facts after the execution of these forms and subsequently populating a different electronic form, is unacceptable. This is because the executed forms are not execution copies of the newly created instrument.
3. Creating a new electronic instrument based on the content of a printed hardcopy form does not make the printed form an execution copy.
4. Truing up the execution section of the electronic instrument is expected and acceptable since the person preparing the instrument will not typically know the date of execution, who will be witnessing the transferor’s signature, or whether the transferor will execute in their own capacity or through a representative, such as an attorney.
5. When execution occurs outside of the province and is supported by a separate certification of the officer witnessing the execution, the separate certificate must be scanned and attached to a declaration general and included when submitting the electronic instrument.
6. The goal when truing up the execution details should be to make the electronic instrument match the execution copy exactly. However, where the witnessing officer writes or stamps more information than can fit in the officer field of the form, it is acceptable to truncate the information so long as the essential facts pertaining to the witnessing officer’s execution are set out. This includes the full name and address of the officer as well as the qualifications that make them an officer under the Evidence Act and Part 5 of the Land Title Act.
7. Truing up the application section to change the applicant information or add additional information, such as telephone number or file reference, is also acceptable.
8. To avoid transcription errors, efforts should be made to complete the electronic original form to the greatest extent possible, before the execution copy is printed.
9. Any change made to the execution copy must be reflected in the electronic instrument.

E-filing Quality Verification

The LTSA has implemented a Quality Verification program with lawyers and notaries public to ensure electronic filing subscriber compliance with Part 10.1 of the Land Title Act. Compliance with the Act is critical to maintaining the integrity of British Columbia’s land title system. In accordance with s. 168.41(4) of the Act, subscribers must not apply their digital signatures to an electronic instrument unless they are in possession of an executed execution copy or a true copy of that execution copy. The Quality Verification program will require a subscriber to provide the execution copy of a selected application so it can be reviewed to ensure it matches the original electronic instrument. Following the truing up guidelines will ensure that subscribers are in compliance with the Act.