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In This Volume

  • 47 In the case of an instrument that is executed by an individual who appears to the officer to be unable to read English or sign his or her name in English characters, the signature of the officer is, in addition to the certification in section 43, a certification by the officer that the individual appeared before and acknowledged to the officer that the contents and effect of the instrument were sufficiently communicated to the individual and that the individual fully understood the contents of the instrument.

1979-219-47; 1989-69-4, effective April 1, 1990 (B.C. Reg. 53/90).

PRACTICE

Use of Interpreter

Section 47 of the Act provides that individuals who are unable to read English or sign their names in English characters must acknowledge to the officer that the contents and effect of the instrument have been sufficiently communicated to them and that they fully understand the contents of the instrument. The officer may require an interpreter to be present at the execution. The interpreter is not required to swear an affidavit for land title purposes.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See the definition of “signature” in s. 41 of the Act.