274 Application To Registrar

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 59 (Strata Property Regulations), and the forms prescribed by the Strata Property Regulation are included at chapter 60 (Strata Property Forms). Forms approved by the director for land title purposes are included in chapter 34 (Land Title Forms).

For electronic land title forms, see E-filing Directions, available at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced at chapter 71 (Director’s Directions).

For hardcopy land title transfer forms, see DR 04-11, Hardcopy Land Title Forms at ltsa.ca.

Certificate of Strata Corporation, Form E: Section 274(b) and (c)

The Strata Property Regulation prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 274(b) and (c) of the Act.

PRACTICE

Signatures on Reference Plan Not Required

The registrar will accept a reference plan filed with an application to cancel a strata plan without the signatures of the owners and charge holders appearing on the reference plan. Section 275(1.1) states that the signature requirements for a reference plan under s. 100(4)(a) of the Act have been met when the s. 274 application is accompanied by the required documentation.

Submissions

Use the electronic Form 17 Fee Simple and select “CANCELLATION OF STRATA PLAN”. Append the Conversion Schedule, court order, and applicable Form E. In the event the strata plan has fewer than 5 lots, append this same documentation unless the applicant is proceeding without a court order. If an applicant is proceeding without a court order then append the Conversion Schedule, the written consent of all holders of registered charges, and the applicable Form E. Item 2 of the Form 17 must include a reference to the new legal description resulting from the accompanying reference plan (see “Reference Plans” guidance below). As the PID number for the new parcel has not yet been issued, enter the plan number of the Reference Plan in the “Plan Number” field.

Reference Plan

The application package for “CANCELLATION OF STRATA PLAN” must include the electronic reference plan required under s. 274(d) that re-establishes the boundaries of the lands shown on the strata plan being cancelled.

Heading on reference plan

The heading on the reference plan to accompany the winding-up application must be in the following format:

Reference Plan of the lands formerly shown on Strata Plan KAS 1234, District Lot 567, Group 1, New Westminster District

Application to Deposit Plan

Use the electronic “Application to Deposit Plan” and select “REFERENCE OR EXPLANATORY” in item 3. The “Number of new lots created” should be selected as 0, as the fees and the application number used to create the fee simple title will be derived from the Form 17 “CANCELLATION OF STRATA PLAN”.

In item 2, select No PID NMBR, and enter the strata plan number of the strata plan being cancelled in the “Related Plan Number” field. This ensures the winding-up application is marked up as pending against every strata lot title. In the “Legal Description” field, enter:

Lands formerly shown on strata plan [quote the strata plan number being cancelled] [quote root description, for example; District Lot 567, Group 1, New Westminster District]

Using this legal description format ensures it aligns with the heading of the plan (see “Heading on reference plan” above).

This form is available in Web Filing using a myLTSA Enterprise account.

The electronic Form 17 Fee Simple is the form approved to make an application for Cancellation of Strata Plan. Form BL-A is reproduced at chapter 59 (Strata Property Regulations).

Cancellation of a bare land strata plan

Bare land strata plans are cancelled under the Bare Land Strata Plan Cancellation Regulation, B.C. Reg. 556/82. Section 2 of the regulation sets out additional requirements for an application under s. 274 to cancel a bare land strata plan. One of the additional requirements is that a Form BL-A must accompany the application to cancel a bare land strata plan. The Form BL-A is the prescribed form used to give notice of the cancellation of a bare land strata plan to local governments, or, where applicable, approving officers.

Resolution by Strata Corporation

A Resolution by the Strata Corporation is in the class of supporting documents designated by the director for electronic filing.

Duplicate Certificates of Title

See s. 288 of the Act regarding the requirement to surrender duplicate certificates of title before cancellation of a strata plan. The registrar will not issue a written demand to an owner under s. 288(2) unless the applicant has made this request to the registrar in writing.

Property Transfer Tax Form

The application for cancellation of a strata plan must be accompanied by a Property Transfer Tax Form.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 100 of the Land Title Act regarding the requirements for a reference plan.