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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 22 — Notices

Powers of registrar regarding preparation and service of notice

315  (1) If, under this Act, notice is required to be or may be served, in addition to a form of service allowed by an enactment, service may, at the discretion of the registrar, be made

(a) personally,

(a.1) by electronic means,

(b) by mail, or

(c) by any other manner of service ordered by the registrar as substituted service.

(2) Where in this Act a reference is made to service of a notice by the registrar, the registrar may direct that the service be effected by the applicant or some other person interested in the proceeding before the registrar, or the respective agent of the applicant and that person.

(3) The registrar may prepare the notice or may direct its preparation in a form approved by the registrar.

Personal service

316  Personal service must be proved by affidavit.

Service by mail

317  (1) Service by mail must be by registered mail unless otherwise directed by the registrar.

(2) In the case of registered mail, the envelope containing the notice must be stamped and addressed, and marked on the outside "Registered. To be returned to the Land Title Office, ............................................., B.C., if not delivered in 10 days."

(3) Unless a notice sent by registered mail is returned through the post office as undelivered, it is deemed to have been received by the person to whom it was addressed within 10 days, exclusive of the day of mailing.

(4) If

(a) registered mail is returned to the registrar,

(b) it comes to the registrar's attention that the notice has not reached the person to whom it was addressed, or

(c) postal service may be interrupted or is not available,

the registrar may dispense with service or require further notice to be served in another manner the registrar may order.

Service by electronic means

317.1  Service may be effected by electronic means in the prescribed manner.

Substituted service

318  (1) For the purpose of subsection (2), "solicitor" or "authorized agent" includes

(a) an attorney of the person to be served named in a power of attorney filed in the land title office or brought to the attention of the registrar, and

(b) a solicitor or agent who has acted for that person in other applications or proceedings in the land title office.

(2) If for any reason it is impractical to effect personal service or service by mail, whether or not there is evidence that

(a) the document will probably reach the person to be served,

(b) the document will probably come to the person's attention, or

(c) the person is evading service,

the registrar may order substituted service

(d) by personal service or by mail on the solicitor or authorized agent of the person to be served,

(e) by publication, for such time as the registrar considers sufficient, of a notice in a newspaper circulating in the area, whether in or out of British Columbia, where the person to be served had his or her last known place of business or residence, or in the area in which the land affected is located,

(f) by leaving the notice at the usual or last known place of residence of the person to be served,

(g) by posting the notice at places and for periods the registrar considers sufficient, or

(h) in the manner specified for giving notice to a party to be served in the instrument under which the rights of the party are derived.

(3) The registrar may direct that a notice may be given in any one or more or in all the methods specified in this section.

Service if person is dead

319  (1) If it appears that a person, in this section called the "deceased", shown on the register or in an instrument or document to be a proper person to be served with a notice is dead, service may be effected on the personal representative of the deceased.

(2) If the deceased has been dead for at least one year and

(a) the will of the deceased has not been proved, nor a grant of administration issued, or

(b) the personal representative has died and no successor has been appointed,

the notice may, with the approval of the registrar, be served on the persons who are beneficially entitled.

(3) If a will has not been probated and the provisions of it have been made known to the registrar, service may, with the approval of the registrar, be effected on the persons claiming under a devise in the will.

(4) If

(a) a will has not been probated, or

(b) there is an intestacy,

the registrar may, by order, name one or more of the persons beneficially entitled as the persons to be served as representatives of the whole class of beneficiaries.

(5) A service effected under this section has the same effect on the estate of the deceased and on all persons claiming under the deceased as if a duly appointed personal representative of the estate had been served.

Effect of service

320  A service or substituted service of a notice effected in accordance with this Part has the same effect as personal service of the notice on the person intended to be affected by it.

Rights of purchaser for value protected

321  A purchaser, mortgagee or other holder of a charge for valuable consideration is not affected by the omission to send, or the failure to receive, a notice directed to be given under this Act.

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