Land Title Practice Manual

Civil Forfeiture Act

In This Volume

Civil Forfeiture Act, R.S.B.C. 2024, c. 1, s. 72

  • Nature of Instrument: The Director of Civil Forfeiture may file in the land title office a notice in Form 1, as prescribed by s. 5 of the Civil Forfeiture Regulation, B.C. Reg. 164/2006, as amended by B.C. Reg. 151/2024. The notice states that, in proceedings commenced in the Supreme Court for the forfeiture of property to the government, the proceedings may affect real property or the whole or a portion of an interest in real property, or the property in which the whole or the portion of the interest in property is held.
  • Filed by or in Favour of: The director designated by the minister for the purposes of the Act.
  • Effect of Registration: Section 72(5) provides that registration of the notice, or an amendment or extension of the notice, has the same effect as the registration of a certificate of pending litigation, and s. 72(4) states that the registrar must register the notice, or amendment, extension, or cancellation of the notice, when filed in the prescribed manner.
  • Electronic Submission of the Notice (Form 1): On the Form 17 Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the Form 1, together with the document by which the claim is made.
  • Amendment or Extension: The director may amend or extend the notice by filing in the land title office the Form 1, together with the document that amends or extends the original notice.
  • Electronic Submission of the Amendment or Extension of the Notice (Form 1): On the Form 17 Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the Form 1, together with the document that amends or extends the original notice.
  • Cancellation: The director may cancel the notice by filing in the land title office a Form 3.
  • Electronic Submission of the Cancellation (Form 3): On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the Form 3.