Land Title Practice Manual

53 Index Of Powers Of Attorney

In This Volume

  • 53 (1) The registrar must keep an index, to be called an index of powers of attorney, in which the registrar must enter alphabetically references to
    • (a) the serial number of the power of attorney or certified copy, and
    • (b) the names of the principal and the attorney.
  • (2) The registrar must endorse on every power of attorney, or certified copy of it, filed in the land title office, a serial number and the date and time of filing.
  • (3) If a person changes an enduring power of attorney in accordance with section 28 of the Power of Attorney Act and the changed enduring power of attorney, or a certified copy of it, is filed in the land title office in accordance with section 51(7) of this Act, the registrar must endorse on the changed enduring power of attorney, or a certified copy of it,
    • (a) the serial number of the original enduring power of attorney, and
    • (b) the date and time that the changed enduring power of attorney was filed.

1979-219-53; 2004-66-76, effective January 20, 2005 (B.C. Reg. 16/2005); 2011-5-24, effective September 1, 2011 (B.C. Reg. 111/2011).

PRACTICE

Maintenance of the Index of Powers of Attorney

The following information should be entered in the alphabetical index of powers of attorney:

  1. serial number of power of attorney;
  2. date of filing, and/or date of execution and/or date of expiry;
  3. name of donor (note: Where the power of attorney instrument describes the donor with multiple name variations as a result of the donor owning multiple titles under multiple names, and each name variation is noted below the donor’s signature executed under Part 5, each name variation will be added as a separate principal in the index);
  4. name of attorney;
  5. various combinations of the following remarks in the remarks column:
    1. “special” or “restricted” or “limited” (the power of attorney is limited to a certain property or a certain power);
    2. “enduring” (see s. 56 of the Act);
    3. “does not expire” (see s. 56(5) of the Act which provides that a power of attorney executed by a corporation after July 30, 1981, does not expire in three years and s. 56(1) which provides that a power of attorney that excludes the effect of s. 56 does not expire in three years); and/or

Access to the Computerized Index of Powers of Attorney

Access to this index is available by donor name and serial number of the power of attorney.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, para. 38 and vol. 2, para. 356.