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Land Title Act

[RSBC 1996] CHAPTER 250

Part 10.1 — Electronic Filing

Division 1 — Interpretation

Definitions

168.1  In this Part:

"certificate" means a computer-based record created by a certification authority and issued to a subscriber for the purposes of permitting the subscriber to sign one or more of the following:

(a) electronic applications;

(b) electronic instruments;

(c) electronic plan applications;

(d) electronic plans;

(e) electronic returns under the Property Transfer Tax Act;

"certification authority" means a certification authority recognized by the director under section 168.79;

"certification practice statement" means the statement approved by the director under section 168.79;

"deposit", in relation to the deposit of a plan or an electronic plan, includes file and register;

"electronic application" means an application in electronic format other than an electronic plan application;

"electronic instrument" means

(a) an instrument in electronic format, and

(b) the electronic form of any other document that is required or permitted to be filed, lodged, registered or deposited in the land title office under this or another enactment,

but does not include

(c) an electronic plan,

(d) an electronic plan application,

(e) an electronic declaration referred to in Division 2.1, and

(f) a supporting document, as defined in section 168.741;

"electronic plan" means a plan in electronic format;

"electronic plan application" means an electronic application that relates to an electronic plan;

"electronic signature" means a signature in electronic format that is

(a) created by a subscriber using a private cryptographic key under the control of the subscriber that corresponds to a public cryptographic key contained in a certificate, and

(b) incorporated into

(i)   electronic applications and electronic instruments,

(i.1)   electronic plan applications and electronic plans, and

(ii)   electronic returns under the Property Transfer Tax Act;

"officer" has the same meaning as in Part 5;

"subscriber" means an individual who is authorized by a certificate to sign one or more of the following:

(a) electronic applications;

(b) electronic instruments;

(c) electronic plan applications;

(d) electronic plans;

(e) electronic returns under the Property Transfer Tax Act;

"transferor" includes any person authorized under an enactment to execute an instrument or other document that is required or permitted to be filed, lodged, registered or deposited in the land title office.

Repealed

168.11  [Repealed 2010-6-14.]

Division 1.1 — Establishment of Electronic Forms and Electronic Filing

Powers respecting electronic forms and filing

168.111  (1) The director may

(a) designate the electronic form of one or more applications, instruments, plans, plan applications, returns or other documents or things,

(b) direct that one or more or a class of applications, instruments, plans, plan applications, returns or other documents or things, for which an electronic form is designated under paragraph (a), only be submitted electronically to the land title office in accordance with this Part, and

(c) designate the land title districts to which a designation under paragraph (a) or a direction under paragraph (b) applies.

(2) The director may make a direction under subsection (1) (b) that applies only to a class of persons or in specified circumstances.

(3) A direction under subsection (1) (b) does not apply if a registrar decides that it is appropriate in the circumstances to accept an application, instrument, plan, plan application, return or other document or thing that is not submitted electronically.

(4) A person must comply with a direction of the director under subsection (1) (b) unless, under subsection (3), the direction does not apply to the person.

Division 2 — Electronic Applications and Instruments

Provisions inapplicable to electronic instruments and applications

168.12  (1) Sections 148 [form and manner of applying] and 157 [forms] do not apply in relation to electronic applications.

(2) Sections 35 [admissibility of instruments] and 166 (2) [return of instrument if application refused or withdrawn] do not apply in relation to electronic instruments.

(3) Section 38 (4) and (5) [admissibility of certified copy of original instrument or document] does not apply in relation to electronic applications or electronic instruments.

Effect of electronic applications and instruments

168.2  Except as provided in this Division, an electronic application or electronic instrument that meets the requirements of this Division and is received by the registrar under section 153 has the same effect for all purposes as an application or instrument in writing that meets the requirements of this Act and is received by the registrar under section 153.

Form and manner of completion

168.21  (1) Electronic applications and electronic instruments submitted under section 168.4 must be in the form designated by the director, contain the information required by the director and be completed in the manner established by the director.

(2) If another enactment prescribes the form and legal effect of a document referred to in the definition of "electronic instrument", that document in the electronic form designated under subsection (1) has the same legal effect as under the other enactment despite any differences between the electronic form and the form prescribed under the other enactment.

Signing requirements

168.3  (1) An electronic instrument must be signed in accordance with this section before it is submitted under section 168.4.

(1.1) This section does not apply in relation to an electronic declaration required under section 168.41 or 168.42 in relation to a document submitted under section 168.4.

(2) An electronic instrument is signed for the purposes of this section when a subscriber incorporates his or her electronic signature into the instrument in accordance with the requirements established by the director.

(3) A subscriber must not incorporate his or her electronic signature into an electronic instrument unless

(a) if Part 5 applies in relation to the electronic instrument, a true copy of the electronic instrument has been executed and witnessed in accordance with Part 5, and otherwise, a true copy of the electronic instrument has been executed in accordance with the enactment that applies in relation to the electronic instrument, and

(b) the true copy referred to in paragraph (a), or a copy of that true copy, is in the possession of the subscriber.

(3.1) Subsection (3) does not apply in relation to an electronic instrument if the enactment that applies in relation to the instrument does not require that it be

(a) executed in a particular manner, or

(b) witnessed.

(3.2) Subsection (3) does not apply in relation to an electronic instrument that purports to release a charge in whole or in part if the subscriber incorporates his or her electronic signature into the instrument in accordance with the requirements established by the director.

(4) The incorporation of the electronic signature of a subscriber into an electronic instrument is a certification by the subscriber that the requirements established under subsection (2) are met and,

(a) if in accordance with subsection (3), that the requirements in subsection (3) (a) and (b) are met,

(b) if subsection (3.1) applies to the electronic instrument, that a true copy of the electronic instrument, or a copy of that true copy, is in the possession of the subscriber, or

(c) if subsection (3.2) applies to the electronic instrument, that the requirements established under that subsection are met.

(5) If Part 5 applies and the execution of a true copy of an electronic instrument is witnessed by an officer who is not the subscriber, the subscriber, in incorporating his or her electronic signature into that instrument, is entitled to rely on the applicable certification of the officer under Part 5 unless the subscriber knows that

(a) the person who signed the instrument as the transferor or officer is not the person named in the instrument as transferor or officer, or

(b) the person named in the instrument as the officer is not an officer.

(6) Despite any enactment or rule of law to the contrary, an electronic instrument that has been signed by a subscriber in accordance with this section is conclusively deemed to be in writing and signed by the transferor.

(7) An electronic instrument executed in accordance with subsection (3) is conclusively deemed to have been executed on the date recorded as the execution date on the electronic instrument, regardless of the date on which the electronic signature of the subscriber was incorporated into the instrument.

(8) [Repealed 2004-12-15.]

Delivery of electronic instruments

168.31  The delivery by the transferor to the transferee, or the solicitor or agent of the transferee, of the true copy of an electronic instrument that has been executed and witnessed in accordance with Part 5, or a copy of that true copy, satisfies the transferor's obligations under the Property Law Act or any other rule of law to deliver an instrument in registrable form.

Submitting electronic applications and instruments

168.4  (1) An electronic application or electronic instrument is submitted for the purposes of this section when the application or instrument is transmitted electronically to the land title office in the manner established by the director using the technology established by the director.

(2) Any of the following persons may submit an electronic application or electronic instrument under this section:

(a) an applicant;

(b) the solicitor or agent of an applicant;

(c) any other person authorized by a person referred to in paragraph (b) to submit the application on his or her behalf.

(3) The submission of an electronic application under this section implies a statement by the person submitting it that he or she or, as the case may be, the person on whose behalf the application is made

(a) is applying for registration under this Act,

(b) is entitled to be registered as the owner in fee simple of the land described or as the owner of the charge specified over the land described, or is entitled to cancellation of the interest or charge specified over the land described, and

(c) claims registration accordingly.

(4) [Repealed 2004-12-17.]

(5) An electronic instrument submitted for registration under this section must be accompanied by an electronic application unless

(a) the application is part of the electronic instrument, or

(b) the instrument itself constitutes a sufficient form of application under section 147 (3).

Supporting documents

168.41  (1) In this section, "supporting document" means a document required by this Act or any other enactment to be filed, lodged, registered or deposited in the land title office in conjunction with an application for registration.

(2) If a supporting document is a requirement of an electronic application, the submitter must include with the electronic application an electronic declaration in the form established by the director.

(3) An electronic declaration must contain

(a) a description of each supporting document adequate to identify the document,

(b) a statement that the subscriber

(i)   has possession of each supporting document referred to in paragraph (a), or

(ii)   in relation to a class of supporting documents designated by the director, has possession of a true copy of the supporting document referred to in paragraph (a), and

(c) a summary, satisfactory to the registrar, of the material facts set out in each supporting document.

(4) The electronic signature of a subscriber must be incorporated into the electronic declaration in accordance with the requirements established by the director.

(5) The electronic signature referred to in subsection (4) is a certification by the subscriber that the summary of material facts set out in the declaration accurately reflects the material facts set out in each supporting document.

(6) The certification under subsection (5) satisfies any requirement under this Act or any other enactment to file, lodge, registered or deposit the supporting document in the land title office.

Corrective declarations

168.42  (1) If a person referred to in section 168.4 (2) (a) or (b) discovers an error, omission or misdescription in an electronic application or electronic instrument he or she, or a person on his or her behalf, is submitting, or has submitted, under section 168.4, the person may submit or have submitted on his or her behalf an electronic declaration in the form approved by the director bringing the error, omission or misdescription to the registrar's attention.

(2) The electronic signature of a subscriber must be incorporated into an electronic declaration under subsection (1) in accordance with the requirements established by the director.

(3) The incorporation under subsection (2) of the electronic signature of the subscriber is a certification by the subscriber that

(a) based on the subscriber's personal knowledge, the electronic declaration sets out the material facts accurately, or

(b) based on the subscriber's reasonable belief, the electronic declaration sets out the material facts accurately.

Electronic instrument taking effect as a deed

168.5  If an electronic instrument submitted in accordance with this Division contains a statement that the transferor intends it to take effect as a deed, the electronic instrument takes effect as a deed.

Production of evidence

168.51  The registrar may, before the registration or cancellation of an estate, interest or claim evidenced by an electronic instrument, require that an applicant do one or more of the following:

(a) produce for inspection

(i)   the executed true copy of the electronic instrument referred to in section 168.3 (3) (a),

(ii)   a supporting document referred to in section 168.41 or a true copy of a supporting document, and

(iii)   the executed true copy of the electronic instrument referred to in section 168.3 (3.1);

(b) produce evidence, satisfactory to the registrar, to verify that a transferor

(i)   if Part 5 applies in relation to an instrument, executed a true copy of the electronic instrument in the presence of an officer and made the applicable acknowledgement under that Part, and

(ii)   if Part 5 does not apply in relation to an instrument, executed a true copy of the electronic instrument in compliance with the applicable enactment;

(c) produce evidence, satisfactory to the registrar, to verify that the requirements established under section 168.3 (3.2) are met.

Evidentiary matters

168.6  (1) An electronic instrument that has been received by the registrar under section 153 is conclusively deemed to be the original of the instrument.

(2) [Repealed 2004-12-21.]

(3) A copy of an electronic application or electronic instrument that is

(a) obtained from the records of the land title office, and

(b) certified by the registrar to be a true copy of the original instrument or application

is conclusive evidence of the original and is admissible in a court to the same extent as the original.

(4) A certification of the registrar under subsection (3) is conclusive evidence that

(a) the technology and procedure used by the registrar to receive, store, retrieve and copy the electronic application or instrument is capable of recording and reproducing all significant details of the electronic application or instrument without any additions, deletions or changes, and

(b) the electronic application or instrument was received, stored, retrieved and copied by the registrar in the usual and ordinary course of business.

(5) If there is a difference between a copy of an electronic application or instrument certified under subsection (3) and a copy of the application or instrument obtained from a source other than the records of the land title office, the former prevails over the latter whether or not the latter contains an original signature of a transferor, transferee or other person.

Admissibility of true copy of electronic instrument

168.61  (1) [Repealed 2004-12-22.]

(2) Except to the extent necessary to prove the authenticity of a signature or other writing, mark or impression, a true copy of an electronic instrument that contains an original signature or other writing, mark or impression is not admissible in a court for any purpose.

Disposal of electronic applications and instruments

168.7  (1) [Repealed 2004-12-23.]

(2) If an electronic application relating to the registration of an electronic instrument is void as a result of the registrar's refusal to register or a withdrawal by the applicant, the registrar may delete that application and instrument from the records.

Division 2.1 — Electronic Plan Applications and Electronic Plans

Provisions applicable to electronic plan applications and electronic plans

168.712  (1) Provisions in this Act and any other enactment that apply in relation to plans apply to electronic plans except as provided in this Division.

(2) Sections 148 [form and manner of applying] and 157 [forms] do not apply in relation to electronic plan applications.

(3) Section 245 (e) [copies accompanying strata plan tendered for deposit] of the Strata Property Act and the following sections of this Act do not apply in relation to electronic plans:

(a) section 35 [admissibility of instruments];

(b) section 67 (s) [copies accompanying plan tendered for deposit];

(c) section 144 (2) (b) [copies accompanying air space plan tendered for deposit];

(d) section 147 (2) [dispensing with need for application] and (3) [instrument as sufficient form of application];

(e) section 166 (2) [return of instrument if application refused or withdrawn].

(4) Section 38 (4) and (5) [admissibility of certified copy of original instrument or document] does not apply in relation to electronic plan applications or electronic plans.

Effect of electronic plan applications and electronic plans

168.72  Except as provided in this Division, an electronic plan application or electronic plan that meets the requirements of this Division and is received by the registrar under section 153 has the same effect for all purposes as an application or plan in writing that meets the requirements of this Act or any other enactment and is received by the registrar under section 153.

Form and manner of completion

168.721  (1) Electronic plan applications and electronic plans submitted under section 168.74 must be in the form designated by the director, contain the information required by the director and be completed in the manner established by the director.

(2) If another enactment prescribes the form and legal effect of a document referred to in the definition of "electronic plan", that document in the electronic form designated under subsection (1) has the same legal effect as under the other enactment despite any differences between the electronic form and the form prescribed under the other enactment.

(3) Unless the director otherwise permits, all information in an electronic plan must be depicted in black on a white background.

Assignment of serial deposit numbers to electronic plans

168.722  (1) If the director requires an electronic plan to contain a serial deposit number, a British Columbia land surveyor must incorporate a serial deposit number into the electronic plan before signing the plan under section 168.73.

(2) The incorporation of a serial deposit number into an electronic plan under subsection (1) satisfies the requirement in any Act that a serial deposit number be assigned to a plan.

(3) For the purposes of this section, a registrar may allocate serial deposit numbers to a British Columbia land surveyor.

Signing requirements for electronic plans — British Columbia land surveyor

168.73  (1) In this section, "subscriber" means a British Columbia Land Surveyor who is authorized by a certificate to sign electronic plans.

(2) An electronic plan must be signed in accordance with this section before an electronic plan application in relation to the electronic plan is signed under section 168.731 and before the electronic plan application is submitted under section 168.74.

(3) An electronic plan is signed for the purposes of this section when a subscriber incorporates his or her electronic signature into the electronic plan in accordance with the requirements established by the director.

(4) The incorporation of the electronic signature of a subscriber into an electronic plan is a certification by the subscriber

(a) that the requirements established by the director are met, and

(b) that the information contained in each notation, endorsement, statement or certification made by the subscriber and set out in the electronic plan is correct.

(5) Despite any enactment or rule of law to the contrary, an electronic plan that has been signed by a subscriber in accordance with this section is conclusively deemed to be in writing and signed by the British Columbia land surveyor.

(6) An electronic plan signed in accordance with this section may only be submitted for deposit under section 168.74.

Signing requirements for electronic plan applications — persons other than subscribers

168.731  (1) An electronic plan application that is to accompany an electronic plan must be signed in accordance with this section before it is signed under section 168.732 if

(a) the electronic plan has been signed under section 168.73, and

(b) this Act or another enactment requires a person, other than the subscriber who signed the plan under section 168.73, to sign or endorse the plan.

(2) An electronic plan application is signed for the purposes of this section when the person signs a true copy of the electronic plan application in accordance with the requirements established by the director.

(3) A person who signs an electronic plan application in accordance with this section satisfies any requirement in this Act or another enactment that the person sign or endorse the plan that is to be accompanied by the application.

(4) If the electronic plan application relates to a plan for which this Act requires a signature on the plan to be witnessed,

(a) the signature of a person signing a true copy of the electronic plan application must be witnessed in accordance with the requirements in this Act that apply to the plan, and

(b) the information respecting the witness required by this Act to be stated on the plan must be stated on the true copy of the electronic plan application.

(5) A person who witnesses, in accordance with this section, the signing of an electronic plan application satisfies any requirement in this Act that the person witness the signing or endorsement of the plan that is to be accompanied by the application.

(6) A subscriber may transmit electronically an electronic plan application and electronic plan to a person who may sign a true copy of the electronic plan application under this section.

Signing requirements for electronic plan applications — subscribers

168.732  (1) An electronic plan application must be signed in accordance with this section before it is submitted under section 168.74.

(2) An electronic plan application is signed for the purposes of this section when a subscriber incorporates his or her electronic signature into the electronic plan application in accordance with the requirements established by the director.

(3) A subscriber must not incorporate his or her electronic signature into an electronic plan application unless

(a) a true copy of the electronic plan application

(i)   has been signed by the persons specified on the application, and

(ii)   if this Act requires the signature to be witnessed, the required information respecting the witness is stated on the application,

(b) any annotations, approvals, certificates, endorsements or statements required by this Act or any other enactment are set out on the electronic plan application above the signature of the required person, and

(c) the true copy referred to in paragraph (a), or a copy of that true copy, is in the possession of the subscriber.

(4) The incorporation of the electronic signature of a subscriber into an electronic plan application is a certification by the subscriber that the requirements in subsection (3) are met.

(5) Despite any enactment or rule of law to the contrary, an electronic plan application that has been signed by a subscriber in accordance with this section is conclusively deemed to be in writing and signed by the persons who signed a true copy of the electronic plan application.

Submitting electronic plan applications and electronic plans

168.74  (1) An electronic plan application or electronic plan is submitted when the application or plan is transmitted electronically to the land title office in the manner established by the director using the technology established by the director.

(2) An electronic plan submitted for deposit must be accompanied by an electronic plan application.

(3) Any of the following persons may submit an electronic plan application or electronic plan under this section:

(a) an applicant;

(b) the solicitor or agent of an applicant;

(c) any other person authorized by a person referred to in paragraph (b) to submit the application on his or her behalf.

(4) The submission of an electronic plan application under this section implies a statement by the applicant submitting the electronic plan application that the applicant or, as the case may be, the person submitting the electronic plan application on behalf of the applicant

(a) is applying to deposit an electronic plan in the land title office, and

(b) is entitled to submit the electronic plan for deposit.

Supporting documents

168.741  (1) In this section, "supporting document" means a document required or permitted by this Act or any other enactment to be filed, registered or deposited in the land title office in conjunction with an application to deposit a plan, but does not include a document designated by the director.

(2) If a supporting document is a requirement of an electronic plan application, the submitter must include with the electronic plan application an electronic declaration in the form established by the director.

(3) If a supporting document is permitted to be filed, registered or deposited in conjunction with an electronic plan application, the submitter may include with the electronic plan application an electronic declaration in the form established by the director.

(4) An electronic declaration must contain

(a) a description of each supporting document adequate to identify the document,

(b) a statement that the subscriber

(i)   has possession of each supporting document referred to in paragraph (a), or

(ii)   in relation to a class of supporting documents designated by the director, has possession of a true copy of the supporting document referred to in paragraph (a), and

(c) a summary, satisfactory to the registrar, of the material facts set out in each supporting document.

(5) The electronic signature of a subscriber must be incorporated into the electronic declaration in accordance with the requirements established by the director.

(6) The electronic signature referred to in subsection (5) is a certification by the subscriber that the summary of material facts set out in the declaration accurately reflects the material facts set out in each supporting document.

(7) The certification under subsection (6) satisfies any requirement under this Act or any other enactment to file, register or deposit the supporting document in the land title office.

Corrective declarations

168.742  (1) If a person referred to in section 168.74 (3) (a) or (b) discovers an error, omission or misdescription in an electronic plan application or electronic plan he or she, or a person on his or her behalf, is submitting or has submitted under section 168.74, the person may submit or have submitted on his or her behalf an electronic declaration in the form established by the director bringing the error, omission or misdescription to the registrar's attention.

(2) The electronic signature of a subscriber must be incorporated into an electronic declaration under subsection (1) in accordance with the requirements established by the director.

(3) The incorporation under subsection (2) of the electronic signature of the subscriber is a certification by the subscriber that

(a) based on the subscriber's personal knowledge, the electronic declaration sets out the material facts accurately, or

(b) based on the subscriber's reasonable belief, the electronic declaration sets out the material facts accurately.

(4) If an electronic declaration is submitted under subsection (1), the registrar may, in the manner designated by the director, exercise the registrar's powers under section 106 or 383 in relation to an electronic plan.

(5) The registrar must replace, in the manner established by the director, the original electronic plan in the records of the land title office with an electronic plan that depicts any changes made as a result of the exercise of the registrar's powers in accordance with subsection (4).

Amendments to electronic plans

168.743  (1) The registrar may, in the manner designated by the director, exercise the registrar's powers under this Act or another enactment to amend, alter, correct or cancel an electronic plan.

(2) The registrar must replace, in the manner established by the director, the original electronic plan in the records of the land title office with an electronic plan that depicts any changes made as a result of the exercise of the registrar's powers in accordance with subsection (1).

Production of evidence

168.75  The registrar may, before the deposit of an electronic plan, require that an applicant

(a) produce for inspection

(i)   an executed true copy of the electronic plan application referred to in section 168.731, and

(ii)   a supporting document referred to in section 168.741 or a true copy of a supporting document, and

(b) produce evidence, satisfactory to the registrar, to verify that a person signed a true copy of an electronic plan application in compliance with this Act.

Evidentiary matters

168.76  (1) An electronic plan application that has been received by the registrar under section 153, along with any corrective declaration that has been received by the registrar in relation to that electronic plan application, is conclusively deemed to be the original of the application.

(2) Subject to subsection (3), an electronic plan that has been received by the registrar is conclusively deemed to be the original of the plan.

(3) An electronic plan that is placed in the records of the land title office under section 168.742 (5) or 168.743 (2) is conclusively deemed to be the original of the plan.

(4) A copy of an electronic plan application or electronic plan that is

(a) obtained from the records of the land title office, and

(b) certified by the registrar to be a true copy of the original plan application or plan

is conclusive evidence of the original and is admissible in a court to the same extent as the original.

(5) A certification of the registrar under subsection (4) is conclusive evidence that

(a) the technology and procedure used by the registrar to receive, store, retrieve and copy the electronic plan application or electronic plan is capable of recording and reproducing all significant details of the electronic plan application or electronic plan without any additions, deletions or changes, and

(b) the electronic plan application or electronic plan was received, stored, retrieved and copied by the registrar in the usual and ordinary course of business.

(6) If there is a difference between a copy of an electronic plan application or electronic plan certified under subsection (4) and a copy of the electronic plan application or electronic plan obtained from a source other than the records of the land title office, the former prevails over the latter, whether or not the latter contains an original signature of any person.

Admissibility of true copy of electronic plan application or electronic plan

168.761  Except to the extent necessary to prove the authenticity of a signature or other writing, mark or impression, a true copy of an electronic plan application or electronic plan that contains an original signature or other writing, mark or impression is not admissible in a court for any purpose.

Disposal of electronic plan applications and electronic plans

168.77  If an electronic plan application relating to the deposit of an electronic plan is void as a result of the registrar's refusal to accept the electronic plan for deposit or a withdrawal of the application by the applicant or the solicitor or agent of the applicant, the registrar may delete that application and plan and any supporting documents, as defined in section 168.741, from the records.

Division 3 — Certification of Subscribers

Repealed

168.71  [Repealed 2006-24-39.]

Certification authority

168.79  For the purposes of this Act and the Property Transfer Tax Act, the director may recognize a person as a certification authority if

(a) the person has adopted and published a certification practice statement that has been approved by the director, and

(b) the director is satisfied that

(i)   the person is capable of administering the certification practice statement, and

(ii)   subscribers named in certificates issued by the person are required to observe and comply with the certification practice statement.

Certification practice statement

168.8  A certification practice statement must contain

(a) the policies, practices and procedures to be used by a certification authority in

(i)   issuing, administering, suspending and revoking a certificate,

(ii)   providing access to the information contained in a certificate, and

(iii)   establishing and maintaining the security and validity of electronic signatures of subscribers, and

(b) other provisions that the director considers necessary, including provisions relating to the form and content of certificates and provisions to ensure

(i)   that an electronic signature is unique to a specific subscriber,

(ii)   that a subscriber named in a certificate is eligible to be a subscriber under the requirements established by the director, and

(iii)   the security of the electronic filing system contemplated by this Part and the Property Transfer Tax Act.

Warranties of certification authorities

168.81  (1) The issuance of a certificate by a certification authority constitutes a warranty by the certification authority of the following matters:

(a) the information contained in the certificate is, to the knowledge of the certification authority, true;

(b) the certificate was issued in accordance with the certification practice statement;

(c) the subscriber to whom the certificate was issued has agreed to observe and comply with the requirements of the certification practice statement;

(d) the subscriber named or identified in the certificate is eligible to be a subscriber under the requirements established by the director;

(e) the certification authority will act promptly to suspend or revoke a certificate in accordance with the requirements of the certification practice statement.

(2) Both the registrar and the administrator under the Property Transfer Tax Act are entitled to rely on the warranties referred to in subsection (1).

Immunity

168.82  In the absence of an unlawful or negligent act or omission by a certification authority in relation to its powers or duties under this Act, no action for damages lies or may be brought against a certification authority in respect of any loss or damage arising out of an unlawful or negligent act or omission of a subscriber under this Act or the Property Transfer Tax Act.

Division 4 — General

Offences

168.9  A person commits an offence if the person

(a) incorporates his or her electronic signature into an electronic application, electronic instrument, electronic plan application or electronic plan without first complying with the provisions of this Part, or

(b) incorporates the electronic signature of another person into an electronic application, electronic instrument, electronic plan application or electronic plan.

Repealed

168.91  [Repealed 2010-6-16.]

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