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In This Volume

  • 601 (1) The Council 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 396B(1);
  • (b) property designated by a heritage designation by-law;
  • (c) property that is subject to a heritage revitalization agreement;.
  • (d) property listed in a schedule included under section 596A(3)(b) in an official development plan.
  • (2) On receipt of a notice under subsection (1), the registrar must make a note of the filing on the title of the affected land.
  • (3) If a provision, by‑law or agreement referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the Council must notify the land title office.
  • (4) On receipt of a notice under subsection (3), the registrar 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.
  • (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 the Council to the registrar 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 to make a note on a land title.
  • (7) In the event of any omission, mistake or misfeasance by the registrar 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 Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,
  • (a.1) 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
  • (b) 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.

1994-43-101, effective October 14, 1994 (B.C. Reg. 374/94); 1997-25-216; 2002-22-37, effective January 13, 2003 (B.C. Reg. 379/2002); 2004-66-168, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

For authorized subscribers, use the Local Government Filing Form and select Nature of Interest, Heritage Status Notice—Vancouver Charter or, where applicable, Heritage Status Notice—Vancouver Charter (Modification). 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 (available at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications” and reproduced at chapter 69 (Director’s Directions) in this Manual), have the authority to sign this form electronically.

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 or, where applicable, Notice of Heritage Status Modification.