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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Land Title Act

[RSBC 1996] CHAPTER 250

Part 21 — Appeals

Duty of registrar to notify applicant of refusal of registration

308  (1) If the registrar refuses to proceed with an application, including an electronic application or electronic plan application, as those terms are defined in section 168.1, the registrar must forthwith serve written notice in the form approved by the director of the refusal, stating briefly the reasons and the registrar's requirements,

(a) in the case of an electronic application or electronic plan application, on the submitter of the application, and

(b) otherwise, on the applicant, or the solicitor or agent of the applicant,

and if a subsequent application is affected by the refusal, the registrar must similarly serve a notice on the subsequent submitter or applicant, as applicable.

(1.1) The notice required to be served under subsection (1) may be in electronic format.

(1.2) If a notice in electronic format is served by electronic means under section 315, the notice is deemed to be in writing for the purposes of subsection (1) of this section.

(2) If

(a) the requirements of the registrar are fulfilled, and

(b) the fees payable under this Act for the notice are paid

within 21 days after service of the notice, the application must be proceeded with.

(3) If

(a) the requirements of the registrar are not fulfilled, or

(b) the fees payable under this Act for the notice are not paid

within the period referred to in subsection (2), the refusal of the registrar is final, and the application, at the end of that period, becomes void and must be cancelled by the registrar unless the applicant applies under section 309.

(4) The registrar may, in the registrar's discretion, on request at any time before the lapse of the period referred to in subsection (2), extend the time for making the application under section 309 or for fulfilling the registrar's requirements, as the case may be.

(5) If the registrar refuses to grant an extension of time, an application in the nature of an appeal may be made to the Supreme Court, without notice to any person or on terms as to notice or otherwise as the court may consider proper.

(6) During an extension of time ordered by the court under subsection (5), the application to the registrar remains in full effect.

Appeal to court

309  (1) Within 21 days after a person described in section 308 (1) (a) or (b) receives a notice under section 308 (1), the applicant who made the application or on whose behalf the application was made may make an application in the nature of an appeal to the Supreme Court, supported by the person's affidavit and, if necessary, the affidavits of other persons, stating

(a) the material facts of the case, and

(b) that to the best of the information, knowledge and belief of the deponents, all facts and things material to the title have been fully and fairly disclosed.

(2) All parties affected or interested, including the registrar and a person directed to be served by the court, must be served with the court application, together with copies of all material and exhibits proposed to be used on the hearing.

(3) At least 10 days' notice must be given of the time and place of hearing and at that time and place all interested parties, whether served with the court application or not, may appear and be heard.

(4) The place of hearing must be the city in which the land title office is located.

(5) The court may make any order it considers proper as to the notification of other parties, and on the hearing may make such order as the circumstances of the case require and such order as it considers proper as to costs in respect of the parties appearing.

(6) If the refusal of the registrar to effect registration in accordance with the application made to the registrar is stated to be on the ground that the applicant's title must be declared under the Land Title Inquiry Act, the court may order that the proceedings under this section be governed by that Act.

Preservation of applications

310  (1) The application refused by the registrar under section 308 remains in full effect until the final disposition of the court application.

(2) If the application to the Supreme Court is dismissed, the application to the registrar is void and must forthwith be cancelled by the registrar unless an appeal is filed by the applicant and a stay of proceedings is obtained and evidence of it is filed with the registrar.

Appeals from decision of registrar

311  (1) If a person is dissatisfied with

(a) a summary rejection of an application by the registrar, or

(b) an act, omission, decision, direction or order of the registrar in respect of an application, other than a refusal under section 308,

that person may

(c) require the registrar forthwith to provide written reasons for refusal, and

(d) within 21 days after receiving the registrar's reasons, apply to the Supreme Court by way of appeal from the registrar's decision.

(2) Section 309 applies in respect to the application to the court and the proceedings on it.

Registrar to act on order of court

312  (1) Service on the registrar of an order of the court made on an application under this Part, or a certified copy of it, is sufficient authority for the registrar to act under the order.

(2) Subject to section 34, an order of a court affecting the title to land, or a certified copy of it, accompanied by an application for the registration of the order, on compliance with this Act, is sufficient authority for the registrar to act under the order.

Registrations made under order of court

313  The registration of an estate in fee simple or a charge made under an order of a court stands in the same position and has the same force as a corresponding registration made under an instrument other than an order of a court.

Power of registrar to state case

314  (1) If a question arises

(a) respecting the performance of a duty or the exercise of a function by this Act conferred or imposed on the registrar,

(b) as to a matter of law or fact arising on the examination of the title to land or as to the construction or legal validity or effect of an instrument or other document,

(c) as to the person entitled, or as to the extent or nature of the right, title, estate, interest, power or authority of a person or class of persons, or

(d) as to the manner in which an endorsement ought to be made on the register,

the registrar may state a case for the opinion of the Supreme Court, and the stated case must include

(e) a short statement of the facts,

(f) the registrar's reasons for referring the matter, and

(g) the names of the interested parties so far as the registrar knows or has been informed.

(2) The stated case must be filed in the court and an application without notice to any person must be made by the registrar to the court for directions respecting

(a) the parties to be served,

(b) the method of service,

(c) the time and place of hearing, and

(d) any other incidental matters.

(3) The court must allow a person affected by or interested in the matter to appear and may summon any other person to appear and give evidence or make a representation respecting the matter in question.

(4) The court, having regard to the parties appearing before it, whether summoned or not, may

(a) decide the question,

(b) direct proceedings to be instituted for that purpose, or

(c) direct the registrar to make such particular form of endorsement in the register as under the circumstances appears to be just.

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