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In This Volume

  • 235 (1) A person, other than the director, who wishes to file a set of standard charge terms for purposes of adoption under section 233(6), must make application to the registrar, accompanying the application with the proposed set of standard charge terms.
  • (2) The director may prepare one or more sets of standard charge terms and deliver them for filing under subsection (3).
  • (3) If a registrar considers that the set of standard charge terms received under subsection (1) is appropriate for filing under this section or if the registrar receives a set from the director under subsection (2), the registrar must,
  • (a) file the set and assign a filing number to it,
  • (b) advise the applicant of the date on which the set was filed and the filing number assigned to it, and
  • (c) deliver a true copy of the set, identified with the date of filing and the filing number assigned to it, to each other land title office in British Columbia.
  • (4) The director may require that a set of standard charge terms that is proposed to be filed under this section be delivered to the registrar in an electronic form or in any other form that will facilitate the electronic entry of the set in the records of the land title office.
  • (5) A set of standard charge terms filed under this section
  • (a) must not contain a reference to any other set of standard charge terms for the purpose of incorporating a term contained in the other set, and
  • (b) must set out the charge terms in numbered paragraphs.
  • (6) A set of standard charge terms must not, other than under section 234, be added to, varied or deleted.
  • (7) A set of standard charge terms that has been filed under this section is part of the records of all land title offices and each registrar may store the contents of the set by photographic, electronic or some other means approved by the director.

1979-219-219.83; 1991-12-6, effective May 1, 1992 (B.C. Reg. 33/92).

FORMS

Filing of Standard Charge Terms

The director has designated Standard Charge Terms as an approved supporting document for electronic filing.

The director’s requirements for hardcopy land title forms establish formatting requirements for a set of standard charge terms. These requirements are set out in DR 04-11 at ltsa.ca.

Form of Application

Submissions

On the Form 17 Charge, Notation or Filing select Nature of Interest, Standard Charge Terms, and attach an image of the original Standard Charge Terms.

PRACTICE

Standard Charge Terms Must Be on File before the Execution of General Instrument

Where a general instrument purports to incorporate a set of standard charge terms filed under s. 235, the set must have been filed before the execution of the general instrument.

Procedure Followed on Receipt of Set of Standard Charge Terms

The procedure followed at a land title office upon receipt of a set of standard charge terms for filing is the same as the procedure followed for filing a set of standard mortgage terms. See the practice notes of “Procedure Followed on Receipt of Set of Standard Mortgage Terms” under s. 228 of the Act.

Note, however, that filing numbers for standard charge terms are prefixed with the letters “ST” followed by a series of numbers. The filing numbers are assigned from a single series that is common to all land title offices.