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21 (a) When any Registrar of any land registration district in this Province is satisfied by any evidence he may require that any real property standing in the name of any individual or individuals, whether such persons, or any of them, be deceased or not, actually belongs to or is held in trust for or to the use of any congregation upon the trusts mentioned in section 4 of this Act, he may cancel the certificate of title standing in the name or names of such individual or individuals, and may issue a new certificate of title for said real property in the names of the then trustees of such congregation, to be held in accordance with the provisions of the said section. A certificate of the secretary or clerk of the Presbytery within the bounds of which such property is situate, together with a certificate of the minister in charge of such congregation, to the effect that such property belongs to or is held in trust for or to the use of such congregation, shall be accepted by such Registrar of any land registration district as conclusive evidence. No proof shall be required of the handwriting or official position of any person certifying pursuant to the provisions of this section.

Deeds and other assurances validated

  • (b) All deeds, transfers, mortgages, leases, or other assurances of any lands in the Province of British Columbia heretofore or hereafter executed and purporting to be signed by the trustees of any congregation in section 4 mentioned, or a majority of them, shall be, in all Courts in this Province and in all Land Registry Offices in this Province, deemed sufficiently executed to pass or grant or mortgage or lease (as the case may be) the estate or interest thereby purported to be passed, granted, mortgaged, or leased: Provided that the minister in charge of such congregation shall certify that the persons executing such instruments were at the date thereof trustees for said congregation, and in the absence or want of appointment or inability to act of any minister, such certificate may with like effect be granted by the presiding officer, secretary, or clerk of the Presbytery within the bounds of which the said lands are situate. The signature of the said minister or presiding officer or secretary or clerk shall be duly witnessed and verified by affidavit in the same manner as required by the “Land Registry Act”: Provided further that nothing in this section contained shall be construed to dispense with the consent of the Presbytery or Conference, as the case may be, required by any term or provision set forth in Schedule A to this Act with respect to any sale, mortgage, lease, or exchange of lands by such trustees.

Trusts not to be entered in full nor set out in documents

  • (c) It shall not be necessary to set out the said trusts in any transfer or in any certificate of title in respect of said lands: Provided, however, that the Registrar shall, upon receiving notice from the presiding officer, secretary, or clerk of the Presbytery within the bounds of which the said lands may be situate that such lands are affected by this Act, enter a note or memorandum giving the title and chapter of the Act of incorporation and of this Act and the respective dates of the passing thereof upon the record of title of each lot and parcel of land affected thereby, and stating that such lands are subject to the said trusts, and shall, on each certificate of title thereafter issued by him with respect to the said lands, enter a note or memorandum to the effect that the property therein described is subject to the trusts created by the said Act.

PRACTICE

Registration of Indefeasible Title

The registrar names the owner on an indefeasible title as follows:

A.B., C.D. AND E.F., TRUSTEES OF THE CONGREGATION OF THE X.Y. UNITED CHURCH, IN TRUST, UNDER THE PROVISIONS OF THE UNITED CHURCH OF CANADA ACTS, STATUTES OF CANADA 1924, C. 100 AND STATUTES OF BRITISH COLUMBIA, C. 50 AND (doc#).

Instrument or Transfer Form May Show Names of Individual Trustees or May Omit Individual Names

If an instrument or transfer form shows the names of the trustees of the church individually, it must state clearly that they are the trustees of a correctly described congregation.

A. B., (occupation), (address), C.D., (occupation), (ADDRESS), AND E.F., (occupation), (ADDRESS), TRUSTEES OF THE CONGREGATION OF THE X.Y. UNITED CHURCH

Alternatively, the instrument of transfer may omit the names of the individual trustees. For examples, see the “Practice” discussion under s. 1 of the Trustee (Church Property) Act in this chapter of the Manual.

Execution of Instruments Described in Section 21(b)

A majority of the trustees must execute all instruments described in s. 21(b) of the Act. The minister in charge of the congregation must certify that the persons executing an instrument were trustees for the congregation at the date of executing the instrument. The certificate must be witnessed in accordance with Part 5 of the Land Title Act.

Consent of Presbytery or Conference Required

The Presbytery or Conference must consent to transactions described in s. 21(b). The registrar accepts a certificate of the presiding officer, secretary, or clerk of the presbytery that the necessary consent has been given.

Submissions

On the Declaration form, enter a description of the supporting document and attach an image of the original certificate of consent. The electronic Declaration is submitted in support of the instrument that creates the interest in land.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Property of Church to Be Held in Trust and Presbytery to Consent to Disposition, Exchange, or Encumbrance

Section 6 of Schedule A, Part II of the United Church of Canada Act, S.C. 1924, c. 100, also provides that all property of the church must be held in trust, and that the presbytery must consent to any disposition, exchange, or encumbrance:

  • 6 Subject to the provisions of the next succeeding paragraph hereof, all property, real and personal, under the jurisdiction of the Parliament of Canada held in trust for or to the use of a church, charge, circuit or congregation of any of the negotiating Churches, shall be held by trustees appointed by or on behalf of such church, charge, circuit or congregation, upon trusts set forth and declared in a Model Trust Deed. This Model Trust Deed should be a schedule to the Act, and should contain, among others, a provision to the following effect: That the property is held for the church, charge, circuit or congregation as a part of The United Church, and that no property so held shall be sold, exchanged, or in any manner encumbered, unless the Presbytery shall, at the instance of the church, charge, circuit or congregation, have given its sanction, subject to an appeal, if desired, to the Conference.