168.57 Production Of Evidence | Land Title Practice Manual

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168.57 The registrar may, before registering, filing, lodging or depositing a document that is submitted electronically, require the applicant to produce documents or other evidence as follows:

(a) in the case of an application certified under section 168.32(2)(d)(ii) [charges—cancellation by corporate registered owner], the registrar may require production of evidence, satisfactory to the registrar, to verify the matters certified;
(b)
in the case of a document certified under section 168.41 [documents executed or witnessed], the registrar may require production of one or both of the following:
- (i) the execution copy referred to in section 168.41(4)(a), which requirement may be met by producing that execution copy or a true copy of that execution copy;
- (ii) evidence, satisfactory to the registrar, to verify that the execution copy referred to in section 168.41(4)(a) was executed and witnessed if and as required;
(c)
in the case of an application certified under section 168.42 [plans], the registrar may require production of one or both of the following:
- (i) the execution copy referred to in section 168.42(4)(a), which requirement may be met by producing that execution copy or a true copy of that execution copy;
- (ii) evidence, satisfactory to the registrar, to verify that the execution copy referred to in section 168.42(4)(a) was signed, endorsed and witnessed if and as required;
(d) in the case of an application certified under section 168.33 or 168.43 [supporting documents], the registrar may require production of the supporting document described in the application, which requirement may be met by producing that supporting document or, if the applicable e-filing direction allows, a true copy of that supporting document.

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

PRACTICE

In order to demonstrate compliance with s. 168.57(b), the registrar will accept an affidavit that the transferor executed the execution copy of the document, where necessary on information and belief, from either the lawyer who took the officer certification and states the facts to comply with s. 168.57(b) or from the solicitor for the applicant. Similar evidence is required to demonstrate compliance with s. 168.57(c).