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In This Volume

  • 233 (1) An instrument to which this Division applies must comply with this section unless
  • (a) another enactment requires a general instrument to be in a form different from that required by this section, or
  • (b) the registrar considers it would be proper to accept another form of general instrument for registration
  • (2) An instrument to which this Division applies must be in the form of a general instrument.
  • (3) Except as provided in section 237, a general instrument must be in 2 parts.
  • (4) Part 1 of a general instrument must be in the form approved by the director, must be completed in the manner approved by the director and must contain the following:
  • (a) the parties to the instrument;
  • (b) the legal description of the land affected by the instrument;
  • (c) a description of the interest created, discharged or otherwise affected by the instrument;
  • (d) the signatures of the transferor and witness in accordance with Part 5;
  • (e) the signature of the transferee if the instrument requires the signature of the transferee;
  • (f) terms that, if contained in the instrument, are required by regulation to be included in Part 1 of the instrument;
  • (g) other information required by the director.
  • (5) In approving a form under subsection (4), the director may
  • (a) require Part 1 of the general instrument to be on a single page,
  • (b) permit the addition of one or more pages to accommodate an additional or necessary party or any other addition the registrar requires or considers necessary,
  • (c) specify the information or material that must be set out on the first page and on any additional page,
  • (d) specify the information or material that is permitted to be set out on the first page or on any additional page, or
  • (e) specify any other requirements as to the format and content of the approved form that the director considers necessary for the purpose of this Act or for any other purpose.
  • (6) Part 2 of the general instrument must consist of all other terms of the general instrument and must be adopted in any one of the following forms:
  • (a) a set of standard charge terms filed under section 235;
  • (b) terms that are expressly set out in Part 2 of the general instrument.
  • (7) If Part 2 of the general instrument consists of a set of standard charge terms filed under section 235, Part 1 of the general instrument must contain a statement that Part 2 of the general instrument consists of the set of standard charge terms contained in the filed set of standard charge terms with a reference to the filing number assigned by the land title office under section 235.
  • (8) If Part 2 of the general instrument consists of terms referred to in subsection (6)(b), Part 1 of the general instrument must contain a statement that Part 2 consists of express charge terms that are annexed to Part 1 as Part 2.
  • (9) The registrar must not register a general instrument that incorporates, as Part 2 of that general instrument, more than one set of standard charge terms.

1979-219-219.81; 1991-12-6, effective May 1, 1992 (B.C. Reg. 33/92); 2004-66-98 and 2004-66-109, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Form C, General Instrument

Completion instructions for electronic land title forms such as the Form C, General Instrument are set out in the

both of which are at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”.

The director’s requirements for hardcopy land title transfer forms are set out in

These requirements list the types of instruments that must be in Form C and include completion instructions for the Form C General Instrument.

Submissions

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

Additional Forms

An applicant may need to attach a Form D to the Form C to accommodate additional signatures or a Form E to accommodate any terms for which there is inadequate space in the Form C.

The E-filing Directions and DR 04-11, Hardcopy Land Title Forms, apply to Forms D and E. In addition, instructions for completing Form E and for attaching schedules to Form C are set out in the Green Book. For hardcopy forms, see Completion Instructions for Hardcopy Transfer Forms. The Director’s directions for e-filing are available at ltsa.ca.

PRACTICE

Completion of General Instrument Form

An applicant must complete and execute the general instrument in accordance with the E-filing Directions and DR 04-11, Hardcopy Land Title Forms.

Like the Mortgage Form B, a general instrument is in two parts. Part 1 must be in the approved Form C. Part 2 consists of the terms and conditions normally associated with the type of general instrument being registered and may be:

  1. attached to Form C as express terms; or
  2. incorporated by reference where a set of standard charge terms has been filed under s. 235 of the Act.

Where express terms are attached, they must be titled “TERMS OF INSTRUMENT—PART 2”. Below the heading, it is not necessary to recite the parties. The express terms may begin with the recitals, if any.

In effect, Form C constitutes the first page of the general instrument and, like the Mortgage Form B, must be executed by the transferor and any other person who is required to do so by the nature of the instrument.

Examination by Registrar

The registrar examines all general instruments and reviews the words of grant or charge to determine whether or not a registrable interest has been created. The registrar may reject applications where there is a question about whether the applicant has created a registrable interest.