256 Certificate Of Payment Required

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 58 (Strata Property Regulations). The forms prescribed by the Strata Property Regulation are included at chapter 59 (Strata Property Forms).

Certificate of Payment, Form F: Section 256(1)

The Strata Property Regulation prescribes Form F, Certificate of Payment, for the purpose of s. 256(1) of the Act.

Submissions

The electronic Declaration is submitted to describe a Form F, Certificate of Payment under the Strata Property Act. On the Declaration form, click on the Form F Statement button, and an approved description of the Form F automatically appears. The Declaration must be submitted immediately following the document it supports.

Pursuant to s. 256(1.2), an image of the Form F, Certificate of Payment, must not be attached to the Declaration. This requirement to not include the Form F aligns with the corresponding Director’s Direction for a Form F that accompanies a conveyance of a strata lot that is submitted electronically, as noted in paragraph 2.2.3 in the “Supporting Documents for Electronic Applications” document (at https://ltsa.ca/professionals/land-title-practice/e-filing-user-guides-and-publications/). That paragraph states:

2.2.3 A form F under the Strata Property Act must be described in a Declaration but must not be attached to the Declaration.

Form F in the Designate’s Possession May Be a Copy

Section 168.43(3) of the Land Title Act denotes the effect of a designate electronically signing a declaration related to a supporting document:

• (3) The electronic signature of a designate on an application referred to in subsection (2) is a certification by the designate that the supporting document described in the application, or a true copy of that supporting document if the applicable e-filing direction allows, is in the possession of the designate.

The aforementioned s. 168.43(3) provides the authority for the director to issue an e-filing direction to allow for the designate to certify they have a copy of the supporting document in their possession, as opposed to the original. In this regard, paragraph 3.3.7 from the E-filing Directions v. 1.9, available at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced in chapter 70 (Director’s Directions), provides the following guidance:

3.3.7 For the purpose of section 168.43(3) of the Act, a designate may have possession of a true copy rather than the original for the following supporting documents:

• (a) a Form F under the Strata Property Act...

The designate may certify that they have a copy of the Form F in their possession, as opposed to the original, when they electronically sign the declaration.

Condominium Act, Form A

See s. 17.8 of the Strata Property Regulation, which provides that a Form A certificate issued before July 1, 2000, under s. 38 of the Condominium Act is deemed to be a Certificate of Payment under s. 115 of the Strata Property Act. This certificate is valid for the purpose of s. 256 of the Strata Property Act for a period of three months from the date it was issued.

PRACTICE

Certificate of Payment, Form F

Completion

The strata corporation, an owner developer, or a management company (on behalf of the strata corporation) may execute the form.

Certificate Current for 60 Days

Section 115(2) of the Act provides that the certificate is current for a period of 60 days.

Other Transactions for Which the Registrar Requires Form F

The registrar requires a Form F, Statement, on the Declaration in the following instances:

1. where the vendor is the owner developer;
2. on the registration of a sublease;
3. on the cancellation of a right to purchase.

Transactions for Which the Registrar Does Not Require Form F

The registrar does not require a Form F, Statement, on the Declaration in the following instances:

1. on the registration of a vendor’s assignment of an agreement for sale or an assignment of a mortgage;
2. on the registration of a foreclosure order;
3. on the registration of a vesting order by a court;
4. on a transmission to a surviving joint tenant;
5. on a transmission to a personal representative;
6. when changing the tenancy type from tenants in common to joint tenancy or from joint tenancy to tenants in common.

CASE LAW

The sale of strata property in foreclosure proceedings made under a court order is a “transmission” of ownership as defined in s. 1 of the Land Title Act. It is not a “transfer” and therefore not a conveyance. As such, s. 256 of the Strata Property Act is inapplicable, and no Form F is required (Peoples Trust Co. v. Meadowlark Estates Ltd., 2003 BCSC 1321 (Master), affirmed 2005 BCSC 51, citing CIBC Mortgage Corp. v. Spreeuw, 2001 BCSC 1729 (Master); see also the annotations for these decisions under ss. 1 and 34 of the Land Title Act and s. 116 of the Strata Property Act).