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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Land Title Act

[RSBC 1996] CHAPTER 250

Part 2 — Land Title Offices and Officers

Land title districts

4  For the purpose of this Act, there are in British Columbia 7 land title districts, respectively known as the Kamloops, Nelson, New Westminster, Prince George, Prince Rupert, Vancouver and Victoria Land Title District, with their respective district boundaries as defined by a regulation of the Board of Directors.

Power to constitute and change districts

5  The Board of Directors may, by regulation,

(a) increase or decrease the number of land title districts in British Columbia,

(b) constitute all or a portion of British Columbia a land title district, whether or not all or part of it is included in an existing land title district,

(c) declare by what local name a new land title district is to be known, and

(d) change or redefine the boundaries of a land title district.

Land title office

6  (1) There must be offices, each called the "Land Title Office", at locations designated by the Board of Directors, at which the records of the land title district served by the office are maintained.

(2) An office referred to in subsection (1) may serve more than one land title district and may be supplemented by suboffices designated by the Board of Directors and under the control and direction of a registrar or person designated by the director.

Continuation of existing offices and records

7  The land title offices set out in Column 1 of the following table

(a) are continued with their respective records,

(b) are the offices of the land title district with the same name, and

(c) are located as set out opposite them in Column 2 of the table, unless otherwise designated by the Board of Directors under section 6:

Item Column 1

Land Title Office
Column 2

Location
1 Kamloops Kamloops
2 Nelson Kamloops
3 New Westminster New Westminster
4 Prince George New Westminster
5 Prince Rupert New Westminster
6 Vancouver New Westminster
7 Victoria Victoria

Duty of registrar to provide records affecting land in new district

8  (1) If a new land title district is established or the boundaries of a land title district are enlarged, the registrar of each land title district from which land comprised in the new or enlarged land title district is separated must

(a) provide to the registrar of the new or enlarged land title district originals or certified copies of those portions of the records affecting the land in the new or enlarged land title district, and

(b) if the records have been microfilmed, supply the original or a certified copy of the microfilm.

(2) The originals or certified copies referred to in subsection (1) are for all purposes of the same effect, when deposited in the office of the land title office of the new or enlarged land title district, as if they or the originals of which any of them purport to be copies had been originally registered, deposited, filed or kept in that office.

(3) If an original record contains entries affecting land in a new or enlarged land title district as well as land in the old land title district, the registrar of the old land title district may, instead of providing certified copies, cause those portions of the original record relating to land in the old land title district to be copied and certified, and the copies to be retained in that office, and may provide the original record to the registrar of the new or enlarged land title district.

(4) The copies retained under subsection (3) by the registrar of the old land title district are for all purposes of the same effect as the originals of which they are copies.

Director of Land Titles

9  (1) The chief executive officer may appoint an employee of the Land Title and Survey Authority as the Director of Land Titles, whose powers and duties, under the direction of the chief executive officer, are

(a) to inspect the records of the several land title offices, and to regulate the practice in them, in accordance with this Act and regulations, so as to secure uniformity in matters of detail and procedure,

(b) under the style of "acting registrar", to perform the duties of a registrar under this Act, and

(c) to perform those other duties that may be assigned to the director by the chief executive officer.

(2) The director may approve the form of an instrument, document or notice that is to be registered, deposited, filed or given under this Act.

Registrar and staff

10  (1) For each land title office, the chief executive officer may appoint an employee of the Land Title and Survey Authority as the registrar.

(1.1) An individual may be appointed as

(a) the director and a registrar,

(b) the registrar of more than one land title office, or

(c) the director and the registrar of more than one land title office.

(1.2) The business of each land title office is to be conducted by the registrar together with the employees of the Land Title and Survey Authority that are necessary.

(2) On instructions from the director, a registrar must perform the duties and exercise the powers of the director, or of a registrar in another land title district, during the illness or absence of the director or registrar or during a vacancy in the office, and a registrar, while performing those duties or exercising those powers, is to be known as "acting director" or "acting registrar", as the case may be.

Deputy registrar and assistant deputy registrar

11  (1) The chief executive officer may appoint employees of the Land Title and Survey Authority as deputy registrars and assistant deputy registrars to assist and carry out the directions of a registrar.

(2) A deputy registrar may, in the event of the illness or absence or at the request of the registrar, perform any duty required by this Act or any other Act to be done by the registrar.

(3) Subject to instructions, which the director may give under section 10 (2), in case of a vacancy in the office of registrar, a deputy registrar designated by the director must perform the duties of a registrar under this Act until another registrar is appointed.

Evidence of authority of officials to act in certain cases

12  If the director, a registrar, a deputy registrar or an assistant deputy registrar acts in the performance of any duty under the purported exercise of the powers conferred by any of the preceding sections, the fact that he or she has so acted is conclusive evidence that an occasion that warranted him or her in exercising those powers had arisen.

Qualifications for appointment to office

13  (1) A person must not be appointed the director unless the person is a solicitor.

(2) A person must not be appointed a registrar unless the person

(a) is a solicitor, or

(b) is employed in a land title office in British Columbia and has been so employed for at least 12 years.

(3) A person must not be appointed a deputy registrar unless the person

(a) is a solicitor, or

(b) is employed in a land title office in British Columbia and has been so employed for a period of at least 7 years.

Prohibition of officers and staff acting in conflict with duties

14  The director or a registrar or other employee in a land title office must not

(a) directly or indirectly act as the agent of a person investing money and taking securities on land in British Columbia,

(b) advise for a fee, reward or otherwise on titles to land,

(c) practise as a solicitor, notary public or conveyancer, or

(d) carry on or transact in the land title office a business or occupation other than his or her duties as director, registrar or employee.

Official seal

15  (1) Each land title office must have an official seal bearing the impression of the corporate seal of the Land Title and Survey Authority and inscribed with the words "The Land Title Office" and with the name of the land title office.

(2) A print of the official seal, stamped on a document requiring an official seal of a land title office, other than an indefeasible title not stored by electronic means or a certificate of charge, is for all purposes deemed to be an impression of the official seal of the land title office.

(3) An indefeasible title not stored by electronic means, certificate of charge, certificate, notice or instrument issued by the registrar must be signed by the registrar and sealed with the official seal, and is admissible in evidence without proof of the seal or the signature of the registrar.

(4) If the signature of the registrar is required

(a) to an endorsement made on an instrument or record, or

(b) to an instrument or document of an official nature to be sealed with the official seal, except an indefeasible title not stored by electronic means or a certificate of charge,

the endorsement, instrument or document may be signed by an employee acting under the general directions of the registrar.

(5) A duplicate indefeasible title is deemed to have been signed by the registrar if the registrar's name is written on it by a person duly appointed by the registrar to perform that function.

Office hours

16  Except on Saturdays and holidays, the registrar must keep the land title office open to the public for the transaction of business every day from 9 a.m. until 3 p.m.

Repealed

17  [Repealed 2004-66-77.]

Protection of director and registrar from personal liability

18  The director and registrar are not, nor is a person acting under their directions, liable personally in a proceeding for or in respect of an act or matter that is, in good faith, done, or omitted to be done, in the exercise or supposed exercise of the powers conferred on either of them, or in the performance of their duties under this or any other Act or for costs in connection with a proceeding.

Exemption of registrar from attendance as witness in court

19  (1) The registrar, in his or her official capacity, is not bound by a subpoena, order or summons issued from a court in a civil matter

(a) to attend out of the land title office as a witness for examination, or

(b) to produce a record registered, deposited or filed under this or any other Act.

(2) Subsection (1) applies whether or not the subpoena, order or summons is directed to the registrar personally or in the registrar's official capacity.

(3) The registrar may be examined and records produced at the land title office under a commission or similar order for the examination of a witness.

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Part 10  |  Part 10.1  |  Part 11  |  Part 12  |  Part 13  |  Part 14  |  Part 15  |  Part 16  |  Part 17  |  Part 18  |  Part 19  |  Part 19.1  |  Part 20  |  Part 21  |  Part 22  |  Part 23  |  Part 24  |  Part 24.01  |  Part 24.1  |  Part 24.2  |  Part 25  |  Schedule 1  |  Schedule 2