Islands Trust Act

Islands Trust Act, R.S.B.C. 1996, c. 239, ss. 49.1 and 49.8(3)

Section 219 covenant

A local trust committee under the Islands Trust Act may hold a Land Title Act s. 219 covenant. The definition of “eligible natural area property” under s. 49.1 of the Islands Trust Act denotes that lands that meet the requirements for eligible natural area property must be subject to a covenant under s. 219 of the Land Title Act. Section 219(1) provides the authority for “a local trust committee under the Islands Trust Act” to be a covenantee.

Natural Area Exemption Certificate

• Nature of Instrument: Natural Area Exemption Certificate.
• Filed by or in Favour of: A secretary of the trust council appointed under the Islands Trust Act must file a notice of the Natural Area Exemption Certificate, or its cancellation, in the land title office.
• Registrar’s Requirements: The registrar requires that the notice be signed by the secretary and sets out a description of the land to which the certificate relates.
• Electronic Submissions: On the Local Government Filing Form, select Nature of Interest, Other Government Notice, and attach an image of the Natural Area Exemption Certificate.
• Effect of Registration: Section 49.8(3) of the Islands Trust Act denotes that s. 594 of the Local Government Act applies the filing of a Natural Area Exemption Certificate. Section 594 requires the registrar to make an endorsement on title, as such the following legal notation will be added to title:
• NOTICE OF NATURAL AREA EXEMPTION CERTIFICATE, ISLANDS TRUST ACT, SECTION 49.8(3), SEE (doc #)
• Cancellation: Under s. 49.8(3) of the Islands Trust Act, the secretary files a notice of cancellation to cancel the entry in the land title registry. On the Local Government Filing Form, select Nature of Interest, Cancellation of Legal Notation. No attachment is required.