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In This Volume

594 (1) A local government must file a written notice in the land title office with respect to the following real property:

  • (a) property that is subject to a provision under section 393(1);
  • (b) property that is subject to a provision under section 225(6)(c) of the Community Charter in relation to heritage property;
  • (c) property that is subject to a heritage revitalization agreement;
  • (d) property designated by a heritage designation bylaw.
  • (2) On receipt of a notice under subsection (1), the registrar of land titles must make a note of the filing on the title of the affected land.
  • (3) If a provision, agreement or bylaw referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the local government must notify the land title office.
  • (4) On receipt of a notice under subsection (3), the registrar of land titles must cancel the note made under subsection (2).
  • (5) Notification to the land title office under subsection (1) or (3) must be made in a form satisfactory to the registrar of land titles.
  • (6) The protection of property under this Act is not affected by
  • (a) an inadvertent and minor error or omission in a notice given by a local government to the registrar of land titles in relation to a note on a land title,
  • (b) an error or omission in a note on a land title, or
  • (c) a failure by the registrar of land titles to make a note on a land title.
  • (7) In the event of any omission, mistake or misfeasance by the registrar of land titles or the staff of the registrar in relation to the making or cancelling of a note under this section,
  • (a) the registrar is not liable and neither the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
  • (b) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and
  • (c) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.
  • (8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.

1994-43-75, effective October 14, 1994 (B.C. Reg. 374/94); 2000-7-186, effective July 7, 2000 (B.C. Reg. 241/2000); 2003-52-405, effective January 1, 2004 (B.C. Reg. 465/2003); 2004-26-155, effective January 20, 2005 (B.C. Reg. 16/2005); RSBC 2015-1-594, effective January 1, 2016 (B.C. Reg. 257/2015).

FORMS

Notice of Heritage Status

Submissions

For authorized subscribers, use the Local Government Filing Form and select Nature of Interest, Heritage Status Notice—Local Gov’t Act/Community Charter. No attachment is required.

The Local Government Filing Form can also be used to cancel any local government notices from registered titles.

Only authorized subscribers, as defined in E-filing Directions (reproduced at chapter 69 (Director’s Directions) in this Manual and available at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”), have the authority to sign this form electronically.

Submissions (Hardcopy Template Attached to an Electronic Form 17)

For all other subscribers, use the Form 17 Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the original Notice of Heritage Status.

The following is an example of the notice that a local government must file in the land title office under s. 594(1) of the Act when attached, as a supporting document, to an electronic Form 17 Charge, Notation or Filing.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Repayments Requirements

Section 225(6)(c) of the Community Charter and s. 393(1) of the Local Government Act enable a municipality or regional district to require the owner of eligible heritage property to pay an amount equivalent to taxes previously exempted by bylaw plus interest in the event of specified occurrences such as the destruction of the eligible heritage property.

Natural Area Exemption Certificates, Islands Trust Act, Part 7.1

Under s. 49.8(3) of the Islands Trust Act, s. 594 of the Local Government Act applies to a natural area exemption certificate. Accordingly, the secretary of a trust council must file a notice of a natural area exemption certificate in the land title office within 30 days of the issuance or cancellation of the certificate.