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This Act is current to November 27, 2019
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 10.1Electronic Filing

Division 1Definitions and Application

Definitions

168.1   In this Part:

"designate", in relation to a document, means an individual designated under section 168.4 as authorized to certify the document under Division 4;

"document" means an instrument or other document that is required or permitted by this Act, another enactment or an e-filing direction to be registered, filed, lodged or deposited in the land title office;

"e-filing direction" means a direction under section 168.22 (1);

"execution copy", in relation to an electronic document, means a legible paper copy of the document, containing every material provision and particular contained in the original, that is prepared for the purposes of certification under

(a) section 168.41 [documents executed or witnessed], or

(b) section 168.42 [plans];

"submit" means to submit to the land title office;

"supporting document" means a document that is required or permitted by this Act, another enactment or an e-filing direction to be registered, filed, lodged or deposited in the land title office with an application.

Application of other provisions of Act

168.11   (1) The following provisions do not apply in relation to a document that is submitted electronically:

(a) in the case of any document,

(i) section 35 [admissibility of instruments], and

(ii) section 166 (2) [return of instrument if application refused or withdrawn];

(b) in the case of an application,

(i) section 148 (2) [form and manner of applying], and

(ii) section 157 [forms];

(c) in the case of a plan,

(i) section 67 (s) [copies accompanying plan tendered for deposit],

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

(iii) section 147 (2) and (3) [application required], and

(iv) section 245 (e) [copies accompanying strata plan tendered for deposit] of the Strata Property Act.

(2) Section 148 (3) and (4) applies in relation to a person referred to in section 168.2 (1) (a), (b) or (c).

Division 1.1

Repealed

168.111   [Repealed 2018-37-18.]

Division 2Electronic Filing

Repealed

168.12   [Repealed 2018-37-18.]

Electronic filing

168.2   (1) A document may be submitted electronically, in accordance with an applicable e-filing direction, by

(a) the applicant,

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

(c) a person authorized by that solicitor or agent to submit the document.

(2) If an e-filing direction under section 168.22 (1) (b) applies in relation to a document, a person may not submit the document other than electronically unless a registrar decides that it is appropriate in the circumstances to accept the document.

(3) The electronic submission of an application constitutes a statement by the person who submits the application of the following:

(a) in the case of an application for registration, that the applicant

(i) is applying for registration under this Act,

(ii) is entitled to be registered, as applicable,

(A) as the owner in fee simple of the land described, or

(B) as the owner of the charge specified over the land described, and

(iii) claims registration accordingly;

(b) in the case of an application to cancel the registration of a charge, that the applicant

(i) is applying for cancellation under this Act,

(ii) is entitled to cancellation of the charge, and

(iii) claims cancellation accordingly;

(c) in the case of an application to deposit a plan, that the applicant

(i) is applying to deposit the plan in the land title office, and

(ii) is entitled to submit the plan for deposit.

Effect of electronic filing

168.21   Despite any enactment or rule of law to the contrary, a document that is submitted electronically in accordance with section 168.2 (1) and, if applicable, the requirement under section 168.3 (2) (a) [plans — preparation by land surveyor] is conclusively deemed to be

(a) in writing,

(b) if applicable, in the form required by this Act or another enactment,

(c) if signed electronically by a person, signed in writing by the person, and

(d) if certified by a designate in accordance with Division 4, signed in writing by the persons named as signatories on the certified document.

Directions on electronic filing

168.22   (1) The director may direct that a document

(a) may be submitted electronically, or

(b) may only be submitted electronically.

(2) An e-filing direction may include any directions that the director considers necessary or advisable respecting electronic submission of a document, including, without limitation, directions as follows:

(a) respecting the format, contents and preparation of the document and any supporting documents;

(b) respecting the electronic signature of the document;

(c) respecting the certification of the document under Division 4.

(3) An e-filing direction may specify that the submission of a document constitutes signature by the applicant if

(a) the only signatory to the document is the applicant, and

(b) the manner of submission will allow for the identification of

(i) the applicant, and

(ii) the document that is submitted.

(4) An e-filing direction may be different for different

(a) classes of documents, interests or persons, or

(b) circumstances.

Division 2.1

Repealed

168.712-
168.77
 
[Repealed 2018-37-18.]

Division 3Special Rules for Certain Documents

Plans — preparation by land surveyor

168.3   (1) A plan that is submitted electronically must be signed electronically by a British Columbia land surveyor.

(2) If the applicable e-filing direction requires a plan that is submitted electronically to contain a serial deposit number,

(a) the plan must contain a serial deposit number incorporated into the plan in accordance with that direction, and

(b) the incorporation of the serial deposit number into the plan in accordance with that direction satisfies the requirement under any Act that a serial deposit number be assigned to the plan.

(3) The electronic signature of a British Columbia land surveyor on a plan is a certification by the land surveyor that the information in each notation, endorsement, statement or certification made by that land surveyor and set out on the plan is correct.

Plans — signature of other persons

168.31   (1) In this section, "endorsement" includes an annotation, approval, certification or statement.

(2) A requirement in this Act or another enactment that a plan be signed or endorsed by a person other than a British Columbia land surveyor is satisfied if

(a) the plan and the plan application are submitted electronically,

(b) the plan application contains the required endorsement, if any, above the name of the person, and

(c) the plan application is signed electronically by the person.

(3) A requirement in this Act or another enactment that a signature or endorsement on a plan be witnessed is satisfied if

(a) the plan and the plan application are submitted electronically,

(b) the electronic signature required under subsection (2) (c) is witnessed, and the witness electronically signs the plan application, in accordance with the requirements, and

(c) any information respecting the witness required to be stated on the plan is stated on the plan application.

Charges — cancellation by corporate registered owner

168.32   (1) In this section, "corporation" has the same meaning as in Part 5.

(2) Section 42 (1) [execution to be witnessed] does not apply to an instrument that cancels the registration of a charge if

(a) the instrument is submitted electronically,

(b) the charge is in a class designated by the director,

(c) the registered owner of the charge is a corporation in a class of corporations designated by the director, and

(d) the individual who executes the instrument for the corporation

(i) is approved by the director for the purposes of this section, and

(ii) certifies on the instrument the matters set out in section 44 (1) (a) (i) to (iii).

Supporting documents

168.33   (1) A requirement in this Act or another enactment to register, file, lodge or deposit a supporting document is satisfied in relation to an application that is submitted electronically if

(a) the application is submitted electronically,

(b) the applicable e-filing direction provides that this section applies in relation to the supporting document,

(c) the application contains the following:

(i) a description of the supporting document sufficient to identify it;

(ii) a copy, prepared in accordance with the applicable e-filing direction, of the supporting document;

(iii) any information and authorizations required by the applicable e-filing direction for the purpose of allowing the registrar to verify the copy referred to in subparagraph (ii), and

(d) the application is signed electronically by the applicant.

(2) The electronic signature of an applicant on an application referred to in subsection (1) is a certification by the applicant that the supporting document described in the application, or a true copy of that supporting document if the applicable e-filing direction allows, is in the possession of the applicant.

Repealed

168.71   [Repealed 2006-24-39.]

Not enacted

168.78   [Not enacted.]

Repealed

168.79-
168.82
 
[Repealed 2018-37-18.]

Division 4Certification by Designate

Designates

168.4   (1) The director may designate classes of individuals as authorized to certify documents under this Division.

(2) A designation under subsection (1) may be restricted to one or more classes of documents or interests.

Documents executed or witnessed

168.41   (1) In this section, "officer" has the same meaning as in Part 5.

(2) A requirement

(a) in Part 5 or another provision of this Act, other than section 168.42, or

(b) in another enactment

that a document other than a plan be executed in a particular manner or witnessed is satisfied if the document is certified under this section by a designate and submitted electronically.

(3) A document is certified under this section by a designate if the document

(a) includes a statement that the document is certified under this section by the designate, and

(b) is signed electronically by the designate.

(4) The electronic signature of a designate on a document described in subsection (3) is a certification by the designate that

(a) an execution copy of the document has been executed and witnessed in writing if and as required, and

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

(5) For the purpose of subsection (4) (a), a designate is entitled to presume, unless the designate knows otherwise, that

(a) the signatures on the execution copy are those of the signatories named on the execution copy, and

(b) a person named on the execution copy

(i) as an officer is an officer, and

(ii) as a witness of a signature meets any requirements to serve as a witness of the signature.

(6) A document that is certified under this section is conclusively deemed to have been executed on the date recorded as the execution date on the document, regardless of the date on which the designate electronically signed the document.

Plans

168.42   (1) In this section, "endorsement" includes an annotation, approval, certification or statement.

(2) A requirement in this Act or another enactment that a plan be signed or endorsed by a person other than a British Columbia land surveyor or that a signature or endorsement on a plan be witnessed is satisfied if

(a) the plan and the plan application are submitted electronically,

(b) the plan application contains the following, if applicable:

(i) the required endorsement set out above the name of the person;

(ii) the information about the witness that is required to be stated on the plan, and

(c) the plan application is certified under this section by a designate.

(3) A plan application is certified under this section by a designate if the plan application

(a) includes a statement that the plan application is certified under this section by the designate, and

(b) is signed electronically by the designate.

(4) The electronic signature of a designate on a plan application described in subsection (3) is a certification by the designate that

(a) an execution copy of the plan application has been signed, endorsed and witnessed in writing if and as required, and

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

(5) For the purpose of subsection (4) (a), a designate is entitled to presume, unless the designate knows otherwise, that

(a) the signatures on the execution copy are those of the signatories named on the execution copy, and

(b) a person named on the execution copy as a witness of a signature meets any requirements to serve as a witness of the signature.

Supporting documents

168.43   (1) A requirement in this Act or another enactment to register, file, lodge or deposit a supporting document is satisfied in relation to an application if

(a) the application is submitted electronically,

(b) the applicable e-filing direction provides that this section applies in relation to the supporting document,

(c) the application contains the following:

(i) a description of the supporting document sufficient to identify it;

(ii) a copy, prepared in accordance with the applicable e-filing direction, of the supporting document, and

(d) the application is certified under this section by a designate.

(2) An application is certified under this section by a designate if the application

(a) includes a statement that the application is certified under this section by the designate, and

(b) is signed electronically by the designate.

(3) The electronic signature of a designate on an application referred to in subsection (2) is a certification by the designate that the supporting document described in the application, or a true copy of that supporting document if the applicable e-filing direction allows, is in the possession of the designate.

Repealed

168.9   [Repealed 2018-37-18.]

Repealed

168.91   [Repealed 2010-6-16.]

Division 5General

Original document

168.5   A document, other than a supporting document, that is submitted electronically is conclusively deemed to be the original document.

Copies of electronic documents

168.51   If there is a difference between a copy obtained under section 38 (4) from a document that was submitted electronically and a copy of the document obtained from another source, the former prevails, whether or not the latter contains an original signature.

Admissibility of execution copies

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

Delivery in registrable form

168.53   In the case of an instrument that may be submitted electronically, the delivery by the transferor to the transferee, or to the solicitor or agent of the transferee, of either of the following satisfies the transferor's obligations under the Property Law Act or any other rule of law to deliver the instrument in registrable form:

(a) an execution copy that has been executed and witnessed in accordance with Part 5 of this Act;

(b) a true copy of the execution copy referred to in paragraph (a).

Deeds

168.54   If an instrument that may be submitted electronically contains a statement that the transferor intends the instrument to take effect as a deed, the instrument takes effect as a deed.

Corrective declarations

168.55   (1) A person referred to in section 168.2 (1) (a) or (b) may, in accordance with an applicable e-filing direction, electronically submit a declaration bringing to the attention of the registrar an error, omission or misdescription in a document that the person, or another person on behalf of the person, has submitted electronically.

(2) A declaration under subsection (1) must be signed electronically by the person who submits it.

(3) The electronic signature of a person on a declaration under subsection (1) is a certification by the person that, based on the personal knowledge or reasonable belief of the person, the declaration sets out the material facts accurately.

Amendments to electronic plans

168.56   The registrar may exercise a power under this Act or another enactment to amend, alter, correct or cancel an electronic plan if the registrar

(a) does so in the manner directed by the director, and

(b) if the plan is changed as a result of the exercise of the power, replaces, in the manner directed by the director, the original plan in the records of the land title office with a plan that depicts the changes.

Production of evidence

168.57   The registrar may, before registering, filing, lodging or depositing a document that is submitted electronically, require the applicant to produce documents or other evidence as follows:

(a) in the case of an application certified under section 168.32 (2) (d) (ii) [charges — cancellation by corporate registered owner], the registrar may require production of evidence, satisfactory to the registrar, to verify the matters certified;

(b) in the case of a document certified under section 168.41 [documents executed or witnessed], the registrar may require production of one or both of the following:

(i) the execution copy referred to in section 168.41 (4) (a), which requirement may be met by producing that execution copy or a true copy of that execution copy;

(ii) evidence, satisfactory to the registrar, to verify that the execution copy referred to in section 168.41 (4) (a) was executed and witnessed if and as required;

(c) in the case of an application certified under section 168.42 [plans], the registrar may require production of one or both of the following:

(i) the execution copy referred to in section 168.42 (4) (a), which requirement may be met by producing that execution copy or a true copy of that execution copy;

(ii) evidence, satisfactory to the registrar, to verify that the execution copy referred to in section 168.42 (4) (a) was signed, endorsed and witnessed if and as required;

(d) in the case of an application certified under section 168.33 or 168.43 [supporting documents], the registrar may require production of the supporting document described in the application, which requirement may be met by producing that supporting document or, if the applicable e-filing direction allows, a true copy of that supporting document.

Disposal of electronic documents

168.58   The registrar may delete from the records a document that is submitted electronically if the application relating to the document is

(a) void as a result of the registrar's refusal to register, file, lodge or deposit the document, or

(b) withdrawn.

Division 6Certification of Subscribers

Definitions

168.6   In this Division:

"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 classes of electronic documents;

"certification authority" means a certification authority recognized by the director under section 168.61;

"certification practice statement" means the statement approved by the director under section 168.61;

"electronic signature" means an electronic signature that is 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;

"subscriber" means an individual who is authorized by a certificate to sign one or more classes of electronic documents.

Certification authority

168.61   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

168.62   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

168.63   (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

168.64   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 7Offences

Offences

168.7   (1) A person commits an offence if the person wilfully makes a false certification under any of the following provisions:

(a) section 168.3 (3) [plans — preparation by land surveyor];

(b) section 168.33 (2) [supporting documents];

(c) section 168.41 (4) [documents executed or witnessed];

(d) section 168.42 (4) [plans];

(e) section 168.43 (3) [supporting documents];

(f) section 168.55 (3) [corrective declarations].

(2) A person commits an offence if the person

(a) signs, using an electronic signature of another person, a document that may be submitted electronically under this Part, or

(b) permits an electronic signature of the person to be used by another person to sign a document that may be submitted electronically under this Part.

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