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In This Volume

  • 38 (1) In this section:
  • “duplicate” means a counterpart of the original instrument or document made by the registrar in the usual and ordinary course of business from the original instrument or document using any chemical, mechanical or electronic technique, including, without limitation, microphotographic reproduction and electronic recording on an optical disk, that
  • (a) is capable of recording all significant details of the original instrument or document, and
  • (b) does not permit additions, deletions or changes from the original instrument or document;
  • “original instrument or document” means the instrument or document that is filed, deposited or registered under this Act.
  • (2) The registrar must make and maintain an official record of all instruments and documents filed, deposited or registered under this Act, and the official record may consist of the original instrument or document or the duplicate, or both.
  • (3) The registrar must store the official record made under subsection (2) either in the land title office or in some other location approved by the Board of Directors.
  • (4) A copy taken from an original instrument or document, or from a duplicate, that is
  • (a) made by the registrar, and
  • (b) certified by the registrar to be a true copy of the original instrument or document
  • is admissible in a court to the same extent as the original instrument or document.
  • (5) A certification of the registrar under subsection (4) is conclusive proof that the copy, and the duplicate if the copy is made from a duplicate, was made by the registrar in the usual and ordinary course of business using procedures and techniques that
  • (a) are capable of recording all significant details of the original instrument or document, and
  • (b) do not permit additions, deletions or changes from the original instrument or document.
  • (6) Despite section 166, if an original instrument or document filed under this Act is
  • (a) a marriage certificate or a death certificate, or
  • (b) a trust instrument referred to in section 180(4),
  • the registrar may, at the time the original instrument or document is filed, create a duplicate and return the original to the person who applied to file it.

1979-219-38; 1992-32-10, effective February 1, 1993 (B.C. Reg. 18/93); 1993-28-9, effective April 28, 1994 (B.C. Reg. 128/94); 2003-66-35; 2004-66-79, effective January 20, 2005 (B.C. Reg. 16/2005).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Return of Original Documents

For hardcopy submissions, s. 38(6) authorizes the registrar to return the original of a marriage or death certificate to the applicant, upon request when the applicant makes application, after making a photocopy of it and certifying the copy. Although s. 38(6) does not specify change of name certificates or birth certificates, the registrar may return the original of such a certificate to the applicant, upon request when the applicant makes application, after making a photocopy of it and certifying the copy.

Certified Copy of Registered Instruments

An applicant may obtain a certified copy of those registered instruments the applicant intends to tender as exhibits in a court proceeding (Land Title Act, s. 379).

An electronically submitted document received by the registrar is deemed to be the original of the instrument (Land Title Act, s. 168.5). A copy of an electronic application or instrument obtained from land title records and certified by the registrar to be the true copy of the original instrument or application is conclusive evidence of the original and is admissible in a court to the same extent as the original (Land Title Act, s. 38(4) and (5)).

Genuineness of Original Document Questioned

No original document is to be deposited in court except where a question arises of the genuineness of the instrument and the judge makes an order requiring the deposit of the original instrument (Evidence Act, s. 47).

Except to the extent necessary to prove the authenticity of a signature or other writing, mark, or impression, an execution copy that contains an original signature or other writing, mark, or impression is not admissible in court for any purpose (Land Title Act, s. 168.52).