281 Effect Of Filing Vesting Order

REGULATIONS

See s. 16.1 of the Strata Property Regulation, B.C. Reg. 43/2000, at chapter 59 (Strata Property Regulations), regarding the registrar’s requirements and responsibilities on cancellation of a strata plan under s. 281 of the Act.

PRACTICE

Submissions

On the Form 17 Fee Simple, select Cancellation of Strata Plan, and attach an image of the original vesting order and interest schedule. 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 Plans

Under the authority of s. 16.1 of the Strata Property Regulation, B.C. Reg. 43/2000, an application package for Cancellation of Strata Plan must include a reference plan 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

On the Application to Deposit Plan at Land Title Office, select Reference or Explanatory Plan in item 3, and in Number of New Lots Created field enter 0, as the fees and application number used to create the fee simple title will be derived from the Form 17 Fee Simple, 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).

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 Application to Deposit Plan form that accompanies the reference plan.

Mortgages and Other Financial Charges

Mortgages and other financial charges must be dealt with before the cancellation of the strata plan, either by voluntary release by charge owner or by release at the direction of the court as set out in the vesting order.

Alternatively, the vesting order may vest title in the name of the liquidator subject to the existing charges. If title is vested in the liquidator subject to the existing charges, the undivided fractional interest related to each charge must be provided on the interest schedule or on a separate schedule.

Non-Financial Charges

See ss. 97 and 103 of the Land Title Act regarding the requirements for signatures of non-financial charge holders.

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.