232 Definitions And Application

FORMS

Form and Application of General Instrument

The director has approved the use of Form C in either electronic or hardcopy form. The use of Form C is compulsory.

Section 5 of the Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010, sets out the following non-exhaustive list of instruments that must be attached to a Form C General Instrument:

• 5 (1) Division 6 of Part 14 of the Act does not apply to

• (a) an instrument that, without the signature of the owner of an interest, operates to transfer, assign, charge or otherwise affect the interest,
• (b) an instrument in the form prescribed under B.C. Reg. 334/79 or another enactment,
• (c) an instrument in the form approved by the Director of Land Titles, other than a general instrument in the form approved by the Director of Land Titles under section 233 of the Act, or
• (d) an instrument creating a floating charge that does not also create a mortgage of specific land.

• (2) Nothing in subsection (1) operates to disapply Division 6 of Part 14 of the Act to instruments that create or constitute

• (a) an assignment of rents that is not part of a mortgage,
• (b) an easement,
• (c) an equitable charge other than a floating charge,
• (d) an agreement to extend a registered mortgage or charge over other land,
• (e) an agreement to modify a charge,
• (f) a lease, option to lease or agreement to renew a lease,
• (g) an option to purchase,
• (h) a right of first refusal,
• (i) a right to purchase,
• (j) a statutory right of way,
• (k) a positive or negative covenant, other than a statutory building scheme in the form approved by the Director of Land Titles,
• (l) an assignment of a registered charge, other than an assignment of a registered mortgage or registered judgment in the form approved by the Director of Land Titles, or
• (m) a release or discharge of a charge or interest.

For further information on when a Form C should and should not be used, see the

• User Guide in Item 3 of the General Instrument Part 1.

Completion instructions for electronic land title forms are set out in the

• Land Title Web Filing Form Practice Guides;
• EFS User’s Guide; and
• Completion Instructions for Hardcopy Transfer Forms (for hardcopy forms),

the last of two which are at ltsa.ca under “Professionals”, “Land Title Practice”, “E-filing User Guides and Publications”.

Submissions

The director has approved the use of the electronic Form C Charge. The Form C is available in in Web Filing using a myLTSA Enterprise account and on the LTSA website at ltsa.ca.

PRACTICE

General Test for Use of Form C

The general test to determine whether or not an instrument must be in the Form C, General Instrument, is whether or not it creates a voluntary charge agreed to by the parties. If the signature of the owner is not necessary to create the charge, Form C is not used. Similarly, where the signature of the charge holder is not required to effect a release, the Form C is not used.

Modification, Assignment, Postponement, or Release of a Charge

Form C is used to modify, assign, postpone, or release a charge. For information on when a Form C should and should not be used, see the User Guide under Item 3 of the General Instrument Part 1 Completion Instructions.

Forms

There are two versions of the electronic Form C: a Form C Charge and a Form C Release. The completion instructions for an electronic Form C are set out in the Land Title Web Filing Form Practice Guides available at ltsa.ca under “Professionals”, “Land Title Practice”, “E-filing User Guides and Publications”.

Debenture Securities, Security Agreements, or Supplemental Debentures

For information on when a Form C is required for a debenture security, security agreement, or supplemental debenture, see Form C Web Filing Form Practice Guide, Section 2.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 155 of the Act (Application for registration of charge) and s. 197 of the Act (Registration of charges).