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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 25 — Miscellaneous

Record of names

374  (1) The registrar must store in the records the names of registered owners of indefeasible titles, absolute fees and charges, with a reference opposite each name to the serial number under which the estate or interest of the owner is registered.

(2) Despite subsection (1), the registrar must not enter in the records referred to in subsection (1) a particular class of charge or the names of a person or class of persons designated by the director.

Record of registered land

375  (1) The registrar may store in the records, arranged under appropriate headings, information required by the director respecting all registered land.

(2) The registrar may, with the consent of the director, include in the records under subsection (1) information respecting unregistered land owned by the government.

Pending applications

376  Where that part of the register relating to a parcel is stored by electronic means, a pending application must be noted against the indefeasible title to the parcel to which the application relates, and the note must include

(a) the serial number of the pending application, assigned under section 153 (1) (b), and

(b) other information respecting that application as determined by the director.

Searching of records

377  (1) The register and any other official records of the land title office are open to inspection and search by any person on reasonable conditions the registrar may impose.

(2) If the registrar considers that the state of business in the registry requires, the registrar may process applications for a search in a different order from that in which the applications were made.

(3) The registrar may direct

(a) the manner of conducting a search, and

(b) that a search be accompanied by an application in the form directed by the registrar.

(4) A search may be

(a) a general search of the register showing the title to the land that is comprised in one indefeasible title,

(b) a special search confined to a single instrument,

(c) a name search to ascertain the land registered in the name of a person, or

(d) if permitted by the registrar, a search for pending applications against the title to the land that is comprised in the indefeasible title.

(5) An application for a search must state the nature of the search required and must be made in person by the applicant or by the applicant's solicitor or agent.

(6) The director may by regulation exempt

(a) a class of charge, or

(b) the names of a particular person or class of persons

from the application of a search under subsection (4) (c).

(7) On a general search, the applicant is entitled to search any record not shown in the register that may affect the title of land covered by the search.

Registrar to provide certificates

378  (1) The registrar must, on application, provide

(a) a state of title certificate showing the subsisting title on the register and all pending applications,

(b) a certificate of name search showing the lands or the registration number of lands registered in the name of a person, except in respect of the charges or persons exempted under section 377 (6),

(c) a certified abstract of title,

(d) a certified extract from the register or other record, and

(e) a certified copy of an instrument deposited, filed, kept, lodged or registered in the land title office.

(2) The registrar may, on application, provide a search of title in another form or manner and on terms and conditions that may be prescribed by the regulations.

Certificate as evidence

379  (1) A certificate, abstract, extract or copy provided by the registrar must be received in all courts in British Columbia as proof of

(a) the facts set out in the certificate,

(b) the contents of the register or records of which it purports to be an abstract or extract, or

(c) the instrument of which it purports to be a copy,

without proof of the official seal of the land title office or the signature or official position of the registrar.

(2) A copy, certified by the registrar, of an instrument deposited, filed, lodged, kept, received or registered, affecting land in a registrar's district, must be received by another registrar in the same manner and with the same effect as if the original were produced, without proof of the official seal of the land title office or the signature or official position of the registrar by whom it purports to be signed.

Lost or destroyed instruments

380  (1) If the registrar

(a) is required to produce a record, and

(b) is unable to do so because it has been lost, mislaid or destroyed,

the registrar must give to the court or person making the requisition a written certificate to that effect, signed by the registrar, and the registrar may produce, instead of the record, such documentary evidence relating to the record as is available in the land title office.

(2) The evidence must be accepted as compliance with the requisition and as conclusive proof of the nature and contents of the record that has been lost, mislaid or destroyed.

Rights of officers of taxing authorities

381  (1) An officer or employee of a taxing authority who is authorized by the registrar is entitled,

(a) without charge, and

(b) for the purpose of assessment or taxation and incidental matters,

to search the records of the land title office.

(2) If the state of business of the land title office permits, the registrar may, on payment of the fee established by bylaw of the Board of Directors, supply the taxing authority with the information required.

Powers and duties of registrar

382  (1) The registrar may, for the purposes of this Act,

(a) administer oaths, or instead of administering an oath require a person examined by the registrar to make and subscribe an affidavit of the truth of the statement made by the person in an examination,

(b) take evidence, under oath or otherwise, affecting title or facts necessary to enable the registrar to decide whether or not the provisions of this Act have been complied with,

(c) on such evidence as the registrar considers sufficient, correct errors in entries made or supply entries omitted under the provisions of this Act or of a previous Act respecting the registration of titles to land, but in making corrections the registrar must not erase or render illegible the original entry, and the registrar must, in correcting or supplying an entry, sign it and insert the date of the correction, and every correction so made and every omission so supplied has the same validity and effect as if the error had not been made or the entry omitted, except in respect of a registration or filing that may have been entered in the records of the office prior to the time of correcting the error or supplying the omitted entry, and

(d) summon a person whose evidence in respect of a matter pending before the registrar may be material

(i)   to appear and give evidence on oath respecting the matter, and

(ii)   to produce an instrument, document or evidence affecting title

before the registrar or before another person appointed as special examiner by order of the registrar.

(2) The order of the registrar, signed by the registrar and under the official seal of the land title office, is sufficient authority for the person named in the order to administer oaths to and to take the evidence of all persons summoned by the registrar under subsection (1) (d).

(3) The evidence, when taken by the special examiner, must be transmitted to the registrar, and is of the same effect as if it had been taken before the registrar.

Registrar to cancel or correct instruments, etc.

383  (1) If it appears to the registrar that

(a) an instrument has been issued in error or contains a misdescription, or

(b) an endorsement has been made or omitted in error on a register or instrument,

whether the instrument is in the registrar's custody or has been produced to the registrar under summons, the registrar may, so far as practicable, without prejudicing rights acquired in good faith and for value,

(c) cancel the registration, instrument or endorsement, or

(d) correct the error in or supply the entry omitted on the register or instrument or an endorsement made on it, or in a copy of an instrument made in or issued from the land title office.

(2) In correcting an error the registrar must not erase or render illegible the original words.

(3) The registrar must affix the registrar's signature to the correction and the date on which the correction was made or the endorsement supplied.

(4) Subsections (2) and (3) do not apply to a correction made to records stored by electronic means.

(5) A register or instrument so corrected, and an endorsement so corrected or supplied, has validity and effect as if the error had not been made or the entry omitted.

(6) A cancellation of an instrument or endorsement made under this section has validity and effect from the time the instrument was issued or the endorsement was made.

Public Agency Accommodation Act amendments

383.1  (1) Without limiting any other power of the registrar under this or any other enactment, the registrar may amend any part of the register to reflect the transfer and vesting effected by section 2 (1) of the Public Agency Accommodation Act.

(2) In making an amendment under subsection (1), the registrar must not erase or render illegible the original words.

(3) The registrar must affix the registrar's signature to the amendment and the date on which the amendment was made.

(4) Subsections (2) and (3) do not apply to an amendment made to records stored by electronic means.

(5) Without limiting section 2 (2) (c) of the Public Agency Accommodation Act, an amendment under this section is valid and effective from the time section 2 of the Public Agency Accommodation Act comes into force.

Homeowner Protection Act amendments

383.2  (1) Without limiting any other power of the registrar under this or any other enactment, the registrar may amend any part of the register to reflect

(a) the transfer to and vesting in the British Columbia Housing Management Commission of restrictive covenants registered under section 219 of this Act effected by section 54 (2) (c) of the Budget Measures Implementation Act, 2010, and

(b) the transfer to and vesting in the government of all interests in land registered in the name of the Homeowner Protection Office, except restrictive covenants registered under section 219 of this Act, effected by section 56 (2) (a) of the Budget Measures Implementation Act, 2010.

(2) In making an amendment under subsection (1), the registrar must not erase or render illegible the original words.

(3) The registrar must affix the registrar's signature to the amendment and the date on which the amendment was made.

(4) Subsections (2) and (3) do not apply to an amendment made to records stored by electronic means.

(5) Without limiting section 54 (3) or 56 (2) (c) of the Budget Measures Implementation Act, 2010, an amendment under this section is valid and effective as of April 1, 2010.

Preservation of registry records and plans

384  (1) If

(a) a record of the land title office, from use or age, is becoming obliterated or unfit for future use, or

(b) in the opinion of the registrar, convenience of reference requires,

the registrar may cause the record, or a selected portion of it, to be copied in a record of similar description.

(2) The copied record, together with a certificate of the registrar at the end of it to the effect that the recopied record is a true copy of the original record, must for all purposes be accepted and received as the original record.

(3) Despite this section but subject to section 166, the original record must be preserved among the records of the land title office.

(4) If necessary for its preservation, the registrar may cause

(a) a record which is out of repair and unfit for use to be repaired or rebound, or

(b) a plan deposited or filed to be repaired, copied or mounted.

Records of Land Title and Survey Authority

384.1  (1) The records are transferred to and vest in the Land Title and Survey Authority.

(2) The Land Title and Survey Authority must not destroy or dispose of the records except in accordance with this Act or section 3 of the Land Title and Survey Authority Act.

(3) The records are not subject to

(a) any process of attachment, execution or seizure, or

(b) a trust in favour of a person who claims to have sustained a loss.

(4) Despite any Act, agreement or court order, a receiver must not exercise custody or control over the records.

(5) If a provision of an agreement to which the Land Title and Survey Authority is a party limits access to or the use of records in a manner that is inconsistent with this Act, the provision is not enforceable against the Authority.

Power to make regulations

385  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting a matter to be brought before a court under this Act;

(b) establishing a scale of fees on applications and other proceedings authorized by this Act;

(c) respecting procedure and practice under this Act in so far as any other Act, Provincial or federal, or a regulation made under such Act, relates to or affects the title to land;

(d) respecting the form of and the manner in which the registers and certificates relating to titles are kept or provided, or in which applications under this Act relating to land are made and dealt with, and, if required, modifying the provisions of this Act in that respect;

(e) despite this Act, directing the registrar to dispense with or to suspend for any period the issue of duplicate indefeasible titles, or to provide for their issue in certain circumstances;

(f) [Repealed 2004-66-136.]

(g) limiting the number of persons who may be named as registered owners in fee simple in one indefeasible title;

(h) permitting land to be described by reference to an indefeasible title number;

(i) [Repealed 2004-66-136.]

(j) defining the meaning and legal effect of a word or phrase used in the regulations;

(k) varying the hours a registrar must keep the land title office open to the public for the transaction of business;

(l) providing for or facilitating the computerization of the land title system;

(m) declaring that a designated class of owners in fee simple registered in the absolute fees register are entitled to have indefeasible titles registered to them on compliance with the conditions set out in the regulations;

(n) [Repealed 2004-66-136.]

(o) prescribing the effect of an approved form of instrument, if the effect of it is not stated in this Act;

(p) to (r) [Repealed 2004-66-136.]

(s) prescribing the manner of effecting service by electronic means for the purposes of section 317.1 and the method of proving that service.

(3) The Lieutenant Governor in Council may make regulations permitting or requiring the registration and governing the procedure for registration of the title to and dealings with an estate or interest in land less than the fee simple, including statutory rights of way that, before or after this Act comes into force, may be granted or created

(a) by the Crown in right of British Columbia;

(b) by the Crown in right of Canada;

(c) by a public officer, ministry or department of the Province or Canada; or

(d) by a municipality or regional district

under an enactment.

(4) The regulations referred to in subsection (3) may

(a) classify the various estates or interests in any manner,

(b) apply separate provisions to separate classes,

(c) make registration compulsory or permissive,

(d) extend all or part of this Act to the registration,

(e) specify the offices in which the registration is to be effected,

(f) provide that registered judgments must form a charge on all estates or interests of the judgment debtor registered under the regulation so made, and

(g) in the case of statutory rights of way, set the value per kilometre of right of way for the purpose of payment of fees on the registration of the title to the statutory right of way.

(5) The Association of British Columbia Land Surveyors may make rules under section 75 of the Land Surveyors Act respecting the conduct of surveys referred to in this Act and the form and content of plans to be filed, registered or deposited under this Act.

Fees

386  (1) There must be paid to the registrar,

(a) in respect of the matters in the regulations, the respective fees prescribed or other fees the Lieutenant Governor in Council may establish by regulation, and

(b) in respect of services provided by the registrar, the Surveyor General or persons under the direction of the registrar or Surveyor General, the respective fees the Board of Directors may establish by bylaw.

(2) The registrar must pay all fees received by the registrar, except fees established by the Board of Directors, into the consolidated revenue fund.

(3) Payment of fees must be made at the time

(a) an application is tendered to the registrar,

(b) an instrument is filed with him, or

(c) a request is made for the performance by the registrar of an act or duty,

otherwise the application or instrument must not be received or the request complied with.

(3.1) Payment of fees required by this section in respect of the registration of an electronic application, electronic instrument or electronic plan application, as those terms are defined in Part 10.1, may be made by electronic means in accordance with the regulations made under subsection (3.2).

(3.2) The Board of Directors may make regulations respecting the manner in which payment of fees by electronic means is to be made under subsection (3.1).

(4) The Lieutenant Governor in Council may prescribe fees for

(a) the conduct of a search of the records contained in the registry, whether or not the search is conducted by persons under the registrar's direction, and

(b) the obtaining of a copy of any record contained in the registry, whether or not the copy is obtained with the assistance of persons under the registrar's direction.

(4.1) Without limiting subsection (1) (b), the Board of Directors may establish, by bylaw, fees for matters referred to in subsection (4).

(5) Payment of fees prescribed under subsection (4) or established under subsection (4.1) must be made at the time the search is conducted or the copy obtained.

(6) If an application is refused or withdrawn, the registrar must refund the balance of fees over and above the amount properly payable.

(7) [Repealed 2004-66-138.]

(7.1) The government is exempt from paying any fees payable under this section.

(8) If, in the minister's opinion, it is in the public interest to do so, the minister may

(a) exempt any person from the payment of all or part of any fee authorized under this Act, except a fee established by the Board of Directors, or

(b) order that all or part of a fee received by a registrar, except a fee established by the Board of Directors, be reimbursed to a designated person who paid it.

(9) If an order is made under subsection (8) (b), the minister charged with the administration of the Financial Administration Act must pay to the designated person the amount of the fee to be reimbursed.

(10) The minister may remit to the administrator under the Property Transfer Tax Act all or part of a fee paid under this Act if the fee or part is to be refunded under the Property Transfer Tax Act to the person who paid it.

Fees specified in Schedule 2

386.1  (1) There shall be paid to the registrar in respect of a matter mentioned in Column 1 of Schedule 2

(a) the fee set out opposite that matter in Column 2 of Schedule 2, and

(b) any fee set by bylaw of the Board of Directors in respect of that matter.

(2) Subsection (1) does not limit the ability of

(a) the Lieutenant Governor in Council to prescribe or establish fees, or

(b) the Board of Directors to establish, by bylaw, fees

under sections 385 and 386 for matters other than the matters mentioned in Schedule 2.

(3) Section 386 (2), (3) and (6) to (10) applies to the fees specified in Schedule 2.

Fees payable despite other enactments

386.2  Despite any enactment but subject to sections 386 (7.1) and 386.1 (3), section 34 of Schedule 1 and the operating agreement, as defined in the Land Title and Survey Authority Act, if a provision of another enactment provides that no fee is payable under this Act, sections 386 and 386.1 prevail insofar as those sections require the payment of a fee established by the Board of Directors.

Offence of fraud

387  (1) A person commits an offence who

(a) wilfully makes a false declaration or a false acknowledgment or certification under Part 5, or

(b) fraudulently procures, or assists in fraudulently procuring, or is privy to the fraudulent procurement of an order of the court affecting the title to land, or of a fraudulent entry on the register, or a fraudulent alteration or erasure of an entry on the register.

(2) An order of the court affecting the title to land procured by fraud, an act consequent on the order and an endorsement, alteration or erasure made as a consequence of the fraud or the order is void as between all parties or privies to the fraud.

Offence of false representation

388  (1) A person commits an offence if the person, as principal or agent in an application to register title to land or in a transaction relating to land that is or is proposed to be registered, knowingly and with intent to deceive,

(a) makes a material false statement or representation,

(b) suppresses or conceals from a court, or the registrar, or a person employed by or assisting the registrar, a material document, fact, matter or information, or

(c) is a party to anything mentioned in paragraph (a) or (b).

(2) An act or thing done or obtained by means of anything mentioned in subsection (1) (a) or (b) is void, except in respect of a purchaser in good faith and for valuable consideration.

Application of Offence Act

389  Section 5 of the Offence Act does not apply to

(a) this Act, or

(b) the regulations.

Penalties

390  If

(a) a person contravenes section 387 or 388, and

(b) the act or matter constituting the contravention is not punishable under the Criminal Code,

the person, in addition to every other penalty or punishment to which the person may by any Act or law be liable, is liable to the penalties provided in the Offence Act.

Conviction not to affect liability

391  No proceeding or conviction in respect of an act declared to be an offence under this Act affects a right or remedy to which a person may be entitled against the person who committed the act.

Contaminated land

392  (1) In this section, "waste management director" means a director as defined in the Environmental Management Act.

(2) If because of contamination of land by a special waste a person entering or using the land is exposed to a danger to health, a waste management director may file in the land title office in which the title to that land is registered a notice under this section.

(3) The notice must contain the legal description of the land affected, must specify the nature of the contamination and must state the estimated period that the danger will persist.

(4) On receipt of a notice under subsection (2), the registrar must endorse particulars of the notice on the title to the land affected.

(5) If a waste management director is satisfied that a danger referred to in subsection (2) no longer exists, the waste management director must deliver a notice to that effect to the registrar, and the registrar must cancel the endorsement made on the title.

(6) No liability attaches to any person because of anything done or omitted to be done under this section unless it was done or omitted in bad faith.

Transitional

393  Despite the repeal of the Land Registry Act, R.S.B.C. 1960, c. 208,

(a) absolute fee registers that are closed by order of the Lieutenant Governor in Council, except as to undersurface rights, must remain closed, but all entries in them have the same force and validity as they had on the coming into force of this Act,

(b) in respect of mines, minerals and undersurface rights, the absolute fee registers must, subject to section 179, remain open for the transfer of those mines, minerals and undersurface rights which, before June 1, 1921, had been registered in the absolute fee, but entries in respect of mines, minerals or undersurface rights created after or unregistered on May 31, 1921 must not be registered in the absolute fee, but must be registered as provided in this Act,

(c) the register of charges existing on May 31, 1921 must remain open for the registration of charges on land, including mines, minerals and undersurface rights that are registered in the absolute fee, and

(d) the provisions of the repealed Act respecting evidence or procedure relating to registration of absolute fees contained in the repealed Act remain in force and govern future registrations relating to registration of absolute fees, but if, in respect of a matter, the repealed Act is amplified, extended or proceedings under it facilitated by this Act, the proceedings may be commenced or continued under this Act.

Transitional — removal of notations made under the Forest Land Reserve Act

394  A registrar may cancel, with or without an application, a notation that was endorsed on the title of land under section 12.1 of the Forest Land Reserve Act before the repeal of that Act.

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