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In This Volume

  • 168.43 (1) A requirement in this Act or another enactment to register, file, lodge or deposit a supporting document is satisfied in relation to an application if
  • (a) the application is submitted electronically,
  • (b) the applicable e-filing direction provides that this section applies in relation to the supporting document,
  • (c) the application contains the following:
    • (i) a description of the supporting document sufficient to identify it;
    • (ii) a copy, prepared in accordance with the applicable e-filing direction, of the supporting document, and
  • (d) the application is certified under this section by a designate.
  • (2) An application is certified under this section by a designate if the application
  • (a) includes a statement that the application is certified under this section by the designate, and
  • (b) is signed electronically by the designate.
  • (3) The electronic signature of a designate on an application referred to in subsection (2) is a certification by the designate that the supporting document described in the application, or a true copy of that supporting document if the applicable e-filing direction allows, is in the possession of the designate.

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 v. 1.9, published at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced in chapter 70 (Director’s Directions).

Directions for Supporting Documents

The Director has established directions for preparing and submitting supporting documents in Supporting Documents for Electronic Applications published at https://ltsa.ca/professionals/land-title-practice/e-filing-user-guides-and-publications/.

Possession of Supporting Document

When a designate applies their electronic signature to an application, they are certifying that the supporting document, or a true copy of that supporting document if the applicable e-filing direction allows, is in their possession.

Application of Section 168.33

See s. 168.33 for when an applicant, as opposed to a designate, applies their electronic signature in accordance with the applicable e-filing direction. The Director has not established directions for s. 168.33, and therefore any application that includes a supporting document must be certified by a designate under section 168.43.