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In This Volume

  • (1) In this section, “endorsement” includes an annotation, approval, certification or statement.
  • (2) A requirement in this Act or another enactment that a plan be signed or endorsed by a person other than a British Columbia land surveyor or that a signature or endorsement on a plan be witnessed is satisfied if
  • (a) the plan and the plan application are submitted electronically,
  • (b) the plan application contains the following, if applicable:
    • (i) the required endorsement set out above the name of the person;
    • (ii) the information about the witness that is required to be stated on the plan, and
  • (c) the plan application is certified under this section by a designate.
  • (3) A plan application is certified under this section by a designate if the plan application
  • (a) includes a statement that the plan application is certified under this section by the designate, and
  • (b) is signed electronically by the designate.
  • (4) The electronic signature of a designate on a plan application described in subsection (3) is a certification by the designate that
  • (a) an execution copy of the plan application has been signed, endorsed and witnessed in writing if and as required, and
  • (b) the execution copy referred to in paragraph (a), or a true copy of that execution copy, is in the possession of the designate.
  • (5) For the purpose of subsection (4)(a), a designate is entitled to presume, unless the designate knows otherwise, that
  • (a) the signatures on the execution copy are those of the signatories named on the execution copy, and
  • (b) a person named on the execution copy as a witness of a signature meets any requirements to serve as a witness of the signature.

2018-37-18, effective November 15, 2019 (B.C. Reg. 171/2019).

PRACTICE

Applications Certified by a Designate

The Director has established directions for certification by a designate in E-filing Directions, published at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications” and reproduced in chapter 69 (Director’s Directions) of this Manual.

Possession of Execution Copy

When a designate applies their electronic signature to a plan application, 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.

Signatures on Application to Deposit Plan

The signatures of all owners and holders of registered charges and plan approvals are located on the electronic Application to Deposit Plan at Land Title Office, available at ltsa.ca.