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In This Volume

  • 208 (1) After the registration of a charge, the registrar must, if requested by the owner of it, issue to the owner a certificate of charge in the appropriate form approved by the director, and make an endorsement of its issue in the register.
  • (2) Before a dealing with or a total release of a charge is registered, the certificate of charge must be surrendered to the registrar for cancellation; but if there is
  • (a) a partial release, extension or modification of the charge, or
  • (b) a postponement of the charge to another charge,
  • the certificate of charge must be delivered to the registrar who must, after noting on it particulars of the dealing, return the certificate to the person entitled to it.
  • (3) The registrar may dispense with the production of a certificate of charge, other than to minerals, if satisfactory evidence of its loss or destruction is filed with the registrar.

1979-219-203; 2004-66-101, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Certificate of Charge and Certificate of Title to Minerals

The director has approved the use of Form 25, Certificate of Charge, and Form 26, Certificate of Title to Minerals. The use of these forms is compulsory.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Certificate of Charge or Certificate of Title to Minerals, and attach an image of the original letter.

PRACTICE

While s. 208(1) restricts issuance of a certificate of charge to the owner only, the registrar issues a certificate of charge to a solicitor or agent who makes the application for registration of the charge and also applies concurrently for the certificate of charge.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, paras. 50 and 169, and vol. 2, para. 375.