Overview Of The Land Title And Survey Authority Act

The Act establishes the Land Title and Survey Authority of British Columbia as a corporation without share capital. The purposes of the authority are to manage the land title and survey systems in British Columbia, to facilitate the execution of Crown grants, and to carry out other necessary or advisable activities.

The authority consists of a board of directors whose members are appointed from among the nominees of the government, the Law Society, the Association of Land Surveyors, the Real Estate Association, the Association of Registry Agents, the First Nations Summit, and the Union of British Columbia Municipalities. The chief executive officer of the authority appoints the director of land titles and the Surveyor General, all of whom are employed by the authority.

The authority derives its revenues from the fees it charges. It must not be operated for profit and it is not an agent of government except in limited circumstances when executing a Crown grant under the Land Act, R.S.B.C. 1996, c. 245 or as otherwise authorized in a written agreement with government.

GENERAL EFFECT ON LAND TITLE PRACTICE

The transfer of responsibility for the land title system from the provincial government to the Land Title and Survey Authority has a limited impact on the Torrens systems of title registration and substantive matters affecting land title practice. Most important is the establishment of an assurance fund under Part 19.1 of the Land Title Act and the Land Owner Transparency Act, S.B.C. 2019, c. 23 for transactions occurring on or after January 20, 2005. This fund is administered by the authority. The government assurance fund continues in operation for transactions occurring before January 20, 2005.

The authority exercises its powers in discharging its mandate through bylaws and regulations. Under s. 19 of the Act, the authority must prepare bylaws dealing with the destruction of instruments under the Land Title Act and setting fees payable under various Acts including the Land Title Act. Under ss. 4 and 5 of the Land Title Act, the authority has defined, by regulation, the boundaries of land title districts and may combine or change their names, numbers, and boundaries. The authority has also prescribed, by regulation, standard mortgage terms and may determine how electronic payments are to be made. For regulations of the Board of Directors, see B.C. Reg. 332/2010 at chapter 33 (Land Title Act—Regulations and Director’s Directions).

The Director of Land Titles has authority to approve forms, to approve the manner in which certain documents are executed or completed, and to require certain kinds of information in relation to registration applications. For directions and requirements of the director, see chapter 71 (Director’s Directions).