COMPLETION INSTRUCTIONS FOR ELECTRONIC FORMS

Transcription

1 COMPLETION INSTRUCTIONS FOR ELECTRONIC FORMS Craig D. Johnston, Director of Land Titles November 20, 2017 Version 1.2 Copyright 2016, Land Title and Survey Authority of BC All rights reserved 1

2 Contents Change Record Introduction Form Field Requirements and Completion Instructions Form A Freehold Transfer Form B Mortgage Form C Charge Form C Release Form D Executions Continued Form E (Free Text) Schedule Form E Fielded Schedule Declaration Form 17 General Instructions Form 17 Fee Simple Form 17 Charge, Notation or Filing Form 17 Cancellation of Charge, Notation or Filing Strata Property Act Filing Survey Plan Certification Application to Deposit Plan at Land Title Office Local Government Filing Form Claim of Lien Form (Builders Lien Act) Appendix 1 Preferred forms of Affidavit Version 1.2 2

3 Change Record Version Date Page Description 1.0 August 16, 2016 All Initial release. This information in this document was previously published in the Director s Requirements for Electronic Land Title Forms (DR 03-11) ( Directors-Requirements-for-Electronic-Land-Title- Forms.pdf), which has been renamed Electronic Land Title Forms and Supporting Documents. 1.1 March November 20, , Added field and completion instructions for Terms of Instrument Part 2 when Nature of Interest Transfer of Charge is selected 7, 33, 65 Forms A, B and C change order of general instructions for item 1 and Added instruction and image for mortgage over multiple parcels with different owners 76 Set out instructions for a partial release of a charge 9, 35, 67, Updated image of application section on transfer form 74, , 147, 188 Updated instructions for completing Terms of Instrument Part 2 Updated image for Authorized Subscriber in Transferee section of form 78 Removed Form 24, 27, 28 as approved forms 127 Added form completion instruction for the Declaration and Form F, Certificate of Payment 126 Added instructions and image for declaration of trust 133 Added note about using the correct Form 17 application 152 Added note about ensuring the correct charge name for caveat and CPL on the Form 17 Added instruction about no PID for a Power of Attorney , 193 Replaced images for DSPL Schedules 191 Deleted data entry instructions for the covenant statement on the Schedule of Owners and Witnesses contained in the Application to Deposit Plan Added to Local Government Filing Form natures of interest Notice of Park Land Agreement, Notice of Release of Land Use Contract, Release of Land Use Contract (By Effluxion of Time) Version 1.2 3

4 1.2 November 20, Removed instruction for election and authorization to proceed with CPL and Caveat when filing a Application to Deposit Plan 223 Added instruction for incorporation number on a CBL Version 1.2 4

5 1. Introduction The Director of Land Titles (Director) has established requirements for electronic land title forms and supporting documents in Electronic Land Title Forms and Supporting Documents (DR 03-11) published at Land Title Forms and Supporting Documents DR pdf. These include a requirement that an electronic form submitted to the land title office must be completed in compliance with the requirements and instructions provided in this document. The electronic form templates include free form text fields, drop down menus and tick boxes to input or select content for the form. This document provides requirements for completing form fields and detailed instructions for completing and signing electronic forms. Supporting documents The Director has designated the supporting documents that may be submitted with an electronic form in Approved Supporting Documents for Electronic Forms published at Supporting Documents for Electronic Forms.pdf. Version 1.2 5

6 2. Form Field Requirements and Completion Instructions 2.1. Form A Freehold Transfer Version 1.2 6

7 Form A Freehold Transfer General Instructions (1) Every Item in Form A must be completed in accordance with these Completion Instructions and the Requirements of the Director of Land Titles. (2) Upon submission of a Freehold Transfer in Form A to the land title office, a separate application is not necessary unless the transfer also contains an exception, reservation, or condition in favour of or for the benefit of the transferor that is an interest in land capable of registration under the Land Title Act, in which case the transferor must apply to register that interest using a Form 17. (3) The transfer document includes: a. the freehold transfer in Form A; b. any additional pages to accommodate transferor and officer signatures in Form D; c. all pages attached to the transfer as a schedule in Form E; d. an affidavit of execution, if any, or other supporting document attached to an electronic Declaration; and the transfer document must be arranged in that order. (4) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. (5) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules, page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. Note that a declaration is not numbered as part of Form A. (6) The phrase END OF DOCUMENT is not required on an electronic form. Lock and Unlock Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields, except for Items in the application section, the execution section, and the Pick up STC? check box, which can be edited to add pick up instruction, and enters a unique identifier to the right of the LOCK button. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier. The purpose of this feature is to help lawyers and notaries confirm that a form has not been changed since it was locked. A locked form protects certain sections from being edited, unless the form is first unlocked, which removes the unique identifier. For example, a purchaser s lawyer may send a partially completed form to another lawyer for review. After getting it back, the lawyer can check the unique identifier. If the unique identifier is the same as the identifier on the version sent out, then no changes have been made to the locked fields. Locking does not prevent pages being added to or deleted from the document (for example, the insertion of Part 2 Express Terms created on a word processor). Version 1.2 7

8 Electronic Signature Once the electronic form is completed, a hardcopy (the true copy defined in Part 10.1 of the Land Title Act) must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of the witnessing officer must be entered before the electronic signature is affixed. British Columbia lawyers or notaries public who are authorized subscribers must affix their electronic signature before a form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy, e.g., a facsimile. To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way as that will invalidate the signature for electronic submission. An unsigned copy of the form should be saved before the electronic signature is affixed. In order to submit an electronic form, certain steps first must be followed. Part 10.1 of the Land Title Act sets out the legislative provisions and the Land Title and Survey Authority has provided a number of practice directions posted at See the Land Title Electronic Filing System (EFS) User s Guide at for detailed procedures, including information on importing and exporting data from one form to another. Item 1 Application (1) Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the estate transferred. Item 1 constitutes the application to register the estate transferred and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice is sent electronically to the person who submitted the application. (2) If the applicant or the applicant s solicitor or agent is an individual, his or her name, address (with postal code), and phone number must be entered. (3) If the applicant or the applicant s solicitor or agent is acting on behalf of a corporation, the name, address (with postal code), and phone number of an individual who is authorized to do all acts necessary to effect registration of the freehold transfer must be entered. Form Fields Line 1 Applicant name field: enter the name of applicant or applicant s solicitor or agent and where applicable the name of the corporation on whose behalf the individual, solicitor or agent is acting. Line 2 Applicant address line 1: enter the street address. This field may also be used to continue the description of the applicant from the applicant name field, if necessary. Line 3 Applicant address line 2: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Version 1.2 8

9 Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information (e.g., merge RP CA4000 or Subject to CPL CA4010 ). Completion Instructions (1) Where the city, province, and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. (2) No written signature is required on the electronic form. (3) If the transferee is exempt from land title office fees, deselect the Deduct LTSA Fees? check box. The application must be made on behalf of a Ministry (name the Ministry) and the Ministry file must be referenced in the additional information field. EXAMPLE: ITEM 1 APPLICANT COMPLETION EXAMPLE ITEM 1 APPLICANT COMPLETION BY ALTERNATE (4) Note that text in the additional information field is designed to shrink the font size to accommodate four lines of text, but is not intended to accommodate overly lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select a schedule to accommodate the situation. Entering more than four lines of text in the additional information field may shrink the text beyond legibility and may result in a refusal notice from the examiner. Election to proceed subject to certificate of pending litigation or caveat (5) If, at the time the transfer is executed, it is intended to register the applicant s title subject to a certificate of pending litigation under s. 216(2)(a) or a caveat under s. 288(2) of the Land Title Act, the appropriate written statement may be made in the additional information field in Item 1, or in an electronic Declaration. Version 1.2 9

10 (6) The land title office will not examine subject to provisions or verify them against the state of the title unless the subject to provision pertains to certificates of pending litigation or a caveat. EXAMPLE: ITEM 1 TRANSFER SUBJECT TO CERTIFICATE OF PENDING LITIGATION Alternatively, enter the election and authorization statement under s. 216(2)(b) of the Land Title Act in an electronic Declaration or attach an image of the information to the declaration. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and see the Land Title Electronic Filing System (EFS) User s Guide at Import profile (7) Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Item 2(a) Parcel Identifier and Legal Description of Land Form Fields Line 1 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the Form A is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted against all of the titles in the strata plan. Note that, in limited circumstances, where the Form A is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., a Crown Grant followed by a Form A Transfer.) Line 2 Fractional interest field: if less than the entire interest is being transferred, enter the fractional interest being transferred in the separate field above the legal description of land. Version

11 Line 3 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Line 4 STC field: a state of title certificate (STC) can be requested by selecting the STC? YES. If you wish to have the STC picked up at a land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. Otherwise, the STC will be mailed out to the address shown in Item 1. Completion Instructions (1) Multiple parcels may be included on one electronic Form A. Use No PID NMBR (2) If a PID number has not been assigned to the parcel, select NO PID NMBR. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the Form A is filed electronically. EXAMPLE: NO PID NUMBER WITH RELATED PLAN NUMBER (3) Neither a PID number nor related plan number is required if the Form A is a transfer of an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest: Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE Form 17 Fee Simple TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, s. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES Version

12 EXAMPLE: APPLICATION FOR TITLE TO UNREGISTERED LAND WITH NO PID NUMBER OR RELATED PLAN NUMBER (4) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted against the PID number of the registered titles affected by the related plan application. (5) When NO PID NMBR is selected and the related plan number field is not completed, the application cannot be noted against any registered titles. This option may only be used when the title and parcel have not yet been registered, e.g., Crown Grants. Users receive the following warning message when a Form A is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package: The document does not reference a PID number. If a PID number with a registered title exists for the land described in {#} - {Filename} or for land in a related application which forms part of this package your application may be subject to a refusal notice requiring a material change. (6) If a registered title exists, but the user fails to include a PID number or related plan number, then a refusal notice will be issued requiring that the Form A be withdrawn. Fractional Interests (7) If less than the entire interest in the whole of the lands is being transferred, enter the fractional interest being transferred in the separate field above the Legal Description of Land. EXAMPLE: FRACTIONAL INTEREST (8) The fraction must be a fraction of the whole interest being transferred, as follows: a. if the owner owns an undivided 1/2 interest and that full 1/2 interest is transferred, enter an undivided 1/2 interest, as in the above example; b. if the owner owns an undivided 1/2 interest and is transferring only 1/2 of that interest, enter an undivided 1/4 interest ; Version

13 c. if an owner, together with three others, owns an undivided 1/2 interest and that owner is transferring 1/2 of his or her interest, enter an undivided 1/16 interest. d. if two joint tenants are shown on title as owning the entire interest in the lands, and one joint tenant is acquiring their co-joint tenant s interest and both joint tenants are noted as transferors, there is no requirement to add an undivided 1/2 interest in the separate field above the legal description. This is because the two transferors in this instance are not transferring less than the entire interest in the lands, they are transferring the entire interest in the whole of the lands to one of the joint tenants; e. if two joint tenants are shown on title as owning the entire interest in the lands, and one joint tenant is acquiring their co-joint tenant s interest and only the joint tenant transferring their interest is noted as a transferor, add an undivided 1/2 interest in the separate field above the legal description. This is because in this instance less than the entire interest in the lands is being transferred. Specifically, an undivided 1/2 interest is being transferred to the other joint tenant. (9) To determine the fraction being transferred, the simple test is: what fraction of the whole is being transferred? (10) Do not use decimal fractions. For example, a 1/3 interest must not be expressed as 33.33% or.333. Legal Description (11) The legal description consists of everything shown below the PID number in the Description of Land segment of a title. (12) Preambles such as All and singular that certain parcel in the legal description must not be included. Similarly, reference to a strata lot owner s share in the common property must not be included. Statements such as That part of Lot 4 shown on may be used, if required. (13) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable: Rge = Range Tp = Township N = North W = West Bl = Block Dist = District S = South E = East Gp = Group Sec = Section DL = District Lot Version

14 LD = Legal Subdivision W6M = West of the Sixth Meridian Frac = Fractional THSL = Town of Hastings Suburban Lands KDYD = Kamloops Division, Yale District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District TID = Texada Island District YDYD = Yale Division, Yale District NWD = New Westminster District (14) It is not acceptable to include reference to a water, assessment, or improvement district or legal notations such as hereunto annexed is Easement No.. (15) Any qualifications or exceptions under s. 186(2) of the Land Title Act may be set out in Item 2(a) below the legal description. EXAMPLE: QUALIFICATION OR EXCEPTION (16) The legal description must be recorded entirely within Item 2(a), the legal description of land field, and must not continue onto a schedule. The legal description must be entered opposite the PID number field of the parcel it describes. Use 3 or 30 Parcel Schedules (17) If there is more than one legal description or if space is not sufficient in Item 2(a) for the complete legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the legal description of land field cannot be changed and the schedule must be completed or a new form started. Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text. Use 3 Parcel Schedule has three fields for lengthy legal descriptions. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at Version

15 EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 2(a) State of Title Certificate (STC) (18) When a state of title certificate (STC) is requested by selecting the STC? YES check box and the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. If this option is not selected, the STC will be sent to the address shown in the Item 1 application section. (19) Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number. Item 2(b) Market Value Form Field Market value field: enter the market value of the property expressed in figures. Completion Instructions (1) The market value must be stated whether or not it is the same amount as the consideration. (2) Where applicable, the market value can reflect the market value of the fractional interest of the lands being transferred and the applicable fraction may be added after the market value. The placement of a fraction in the market value field is not examined or verified by the land title office. Item 3 Consideration Form Fields Consideration field(s): enter the consideration expressed in figures or by description. Completion Instructions (1) Consideration is a required field. If no consideration is set out in Item 3, a transfer in Form A is not registrable. (2) If the consideration is in figures, enter it in the left-hand field; if it is a description, enter it in the right-hand field. Version

16 EXAMPLE: MONETARY CONSIDERATION (FIGURES) (3) If the consideration is non-monetary, enter a description of the consideration. The expression and other good and valuable consideration is not a sufficient description. EXAMPLE: MONETARY CONSIDERATION (DESCRIPTION) EXAMPLE: NON-MONETARY CONSIDERATION Item 4 Transferor Form Field Transferor name field: enter the full name of the transferor(s) without any addresses or occupations. In the case of a corporation, enter its name and its British Columbia incorporation or registration number, if any. Completion Instructions (1) The form field is designed for the transferor names to be entered in capital letters. Names must not be underlined or highlighted using any means. (2) If the transferor is an individual, his or her name must be set out in full as it appears on the title. EXAMPLE: INDIVIDUAL TRANSFEROR(S) (3) In the case of a corporation that is neither incorporated nor registered in British Columbia, the name of its governing jurisdiction may be entered in Item 4. Version

17 EXAMPLE: CORPORATE TRANSFEROR (4) A schedule must only be used if there is insufficient space in Item 4 to enter the names of all of the transferor(s) (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information for all of the transferor(s) in the schedule. Do not set out some names in Item 4 and some in the schedule. EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 4 Item 5 Freehold Estate Transferred Form Field Freehold selection field: select the type of freehold estate to be transferred from the drop down menu in Item 5. Completion Instructions (1) Section 186(4) to (8) of the Land Title Act contemplates four categories of freehold estate, namely: a. fee simple estate; b. life estate; c. determinable fee simple; d. fee simple on condition. (2) If an estate in fee simple is being transferred, the default in the drop down Item 5 is Fee Simple. Section 186(4) of the Land Title Act operates to transfer the estate of the transferor without any words of transfer or limitation. Version

18 EXAMPLE: FEE SIMPLE (3) In the case of a life estate, select For the Life of the Transferee from the drop down menu in Item 5. (4) For a Determinable Fee Simple or Fee Simple on Condition, select the appropriate estate from the drop down menu in Item 5. The form opens a schedule automatically. Enter the appropriate text creating the limitation in the schedule. If the limitation already exists, state the applicable determinable fee simple or fee simple on condition in the schedule. EXAMPLE: SELECTING DETERMINABLE FEE SIMPLE FROM DROP DOWN MENU EXAMPLE: SCHEDULE SHOWING DETERMINABLE FEE SIMPLE WITH LIMITATION EXAMPLE: SCHEDULE SHOWING DETERMINABLE FEE SIMPLE BEING TRANSFERRED EXAMPLE: SELECTING FEE SIMPLE ON CONDITION FROM DROP DOWN MENU Version

19 EXAMPLE: SCHEDULE SHOWING FEE SIMPLE ON CONDITION EXAMPLE: SCHEDULE SHOWING FEE SIMPLE ON CONDITION BEING TRANSFERRED (5) Item 5 may be used to qualify the nature of the freehold passing by entering an exception or reservation from the grant. Select Fee Simple with Exceptions and Reservations (See Schedule) from the drop down menu in Item 5. The form automatically opens a schedule to set out the exception and reservation. EXAMPLE: SELECTING FEE SIMPLE WITH EXCEPTIONS AND RESERVATIONS FROM DROP DOWN MENU: EXAMPLE SCHEDULE SHOWING FEE SIMPLE WITH EXCEPTION OR RESERVATION: (6) Rights or interests reserved to the transferor in Item 5 must be capable of registration as a charge and the transferor must apply concurrently in Form 17 for registration under s. 181 of the Land Title Act. Item 6 Transferee Form Fields Line 1 Transferee #1 name field: Version

20 For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). For corporations: If the transferee is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the transferee name field and its incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. Line 2 Transferee #2 name field: For individuals: name of the second individual, if any, and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). See below under completion instruction if a second transferee is a corporation or further information on Joint Tenancy is needed. Line 3 Transferee street address field: enter the street address. Line 4 City field: enter the name of the city. Line 5 Province field: update the province or state and country field, if necessary. Line 6 Postal code field: enter the postal code, or the zip code for out-of-canada addresses. Completion Instructions (1) The fields for province or state, country, and incorporation type, for corporations, are preentered but can be edited by clicking on them with the mouse. (2) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code. (3) The transferees names must be set out in capital letters. Names must not be underlined or highlighted. Individual Transferees (4) Individuals names and occupations must be entered in the following format with the items separated by semicolons. GIVEN NAMES; FAMILY NAME; OCCUPATION Failure to use semicolons indicates the transferee is a corporation. EXAMPLE: INDIVIDUAL TRANSFEREE SEPARATED BY SEMICOLONS Note that when the electronic form is printed, commas replace the semicolons between the name and occupation, and the yellow click boxes do not appear. Version

21 (5) If there are two individual transferees, enter the second name in the field below the first in the same format. Do not use connecting words such as and. If the transferees are joint tenants, click on Joint Tenants?. Answer yes in the pop-up dialogue box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To change the selection, click on Joint Tenants?. The software will ask that the selection be confirmed again. EXAMPLE: TWO INDIVIDUAL TRANSFEREES AS JOINT TENANTS (6) Two transferees who use the same address must be entered in Item 6. If there is more than one address, a schedule is required (click on Use Schedule). (7) A schedule must be used where there are more than two individual transferees or where there is one corporate transferee and at least one other transferee, whether an individual or a corporation. (8) If a schedule is required for Item 6, enter the transferee information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information in the schedule. Do not set out some information in Item 6 and some in the schedule. Once Use Schedule is selected, the transferee fields cannot be changed and the schedule must be completed or a new form started. Individual and Corporate Transferees (9) If there is one individual and one corporation, enter this information on a schedule (click on Use Schedule). For information on completing the schedule, see the Form E Fielded Schedule. Version

22 EXAMPLE USE SCHEDULE FOR ONE INDIVIDUAL AND ONE CORPORATE TRANSFEREE Corporate Transferees (10) If the corporation is neither incorporated or registered in British Columbia nor incorporated federally, enter the corporation s name and attach proof of its incorporation on an electronic Declaration. (11) If the transferee is to hold the interest in trust, reference to the trust instrument must be included after the name of the transferee. EXAMPLE: CORPORATE TRANSFEREE IN TRUST (12) Additional information, such as references to branch offices or other descriptive information must not be included in the name field. This information may be included in the street address field, as long as the street address still fits. (13) If there is more than one corporation, enter this information on a schedule (click on Use Schedule). For information on completing the schedule, see the Form E Fielded Schedule. Version

23 EXAMPLE: SCHEDULE SHOWING MORE THAN ONE CORPORATE TRANSFEREE (14) In the case of a corporate transferee that has branch offices, a branch office for service may be included in the address field as the address of the transferee. (15) If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the corporate transferee s street address. (16) No proof of incorporation is required for corporations incorporated in British Columbia or federally. For all corporations incorporated in other jurisdictions, proof of incorporation must be attached to an electronic Declaration and submitted following the Form A. Fractional Interests (17) Where transferees are taking unequal fractional interests, this information must be entered on a Form E Fielded Schedule (click on Use Schedule). Click on Add Fractional Interest and enter the interest for each ownership group. The fractional shares shown in Item 6 must total to 1. For information on completing the schedule, see the Form E Fielded Schedule. Version

24 EXAMPLE: SCHEDULE SHOWING UNEQUAL FRACTIONAL INTERESTS (18) To determine the fraction being transferred, the simple test is: what fraction of the whole is being transferred? (19) Do not use decimal fractions. For example, a 1/3 interest must not be expressed as 33.33% or.333. Item 7 Executions (1) Item 7 is used for execution of a freehold transfer by the transferor and for officer certification. (2) The definition of officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, ss. 60, 63, and 64. (3) The officer signature must appear directly opposite the transferor signature certified by the officer. If an officer is certifying more than one transferor signature, add as to all signatures or as to the signatures of immediately below the officer signature. Version

25 EXAMPLE: OFFICER CERTIFICATION AS TO ALL SIGNATURES (4) The date of execution, given in year, month, and day, must be indicated in the space provided in Item 7. If the officer is witnessing more than one signature, the date is only to be entered once unless the witnessing took place on two different days. Form Fields Line 1 Officer name field: enter the witnessing officer s name. Line 2 Officer capacity field: select the professional capacity from the drop down menu (e.g., solicitor, notary or commissioner for taking affidavits in British Columbia), or click in the blank field and manually enter the professional capacity. Line 3 Officer address field: enter the witnessing officer s full address. If an officer is witnessing more than one signature, the words as to all signatures are required in this field. Completion Instructions Officers (1) If an officer s professional capacity is not listed in the drop down menu, select the blank field and enter the professional capacity. EXAMPLE: OFFICER SIGNATURE IN ITEM 7 Version

26 EXAMPLE: PROFESSIONAL CAPACITY MAY BE ENTERED IN BLANK FIELD (2) Text in the officer professional capacity field is designed to shrink the font size to accommodate several additional letters but is not intended to accommodate lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select See Form D, click on More Signatures and set out all of the information in a Form D. Execution Date Year field: enter the year of the transferor s signature. Years must be entered using the last 2 digits (e.g., 13 for 2013). Month field: enter the month of the transferor s signature. Months must be designated by number (e.g., 02 for February). Day field: enter the two digits of the day of the transferor s signature. Transferors Transferor signature field: enter the full name of the transferor and where applicable the authorized signatory on behalf of the transferor. (3) If the space provided is not sufficient for execution by all transferor(s), click on More Signatures. An additional page in Form D Executions Continued will be appended to the form. Where an officer has certified a transferor s signature, the certification must appear on the same page as the execution of that transferor. (4) The signature field in Form D is free text. Enter the name and particulars of each transferor signatory below the appropriate signature line. (Click at the end of the signature line on the form, press the ENTER key, and enter the appropriate information below the line). Individual Transferors (5) For individuals, in the transferor(s) signature(s) field in Item 7, enter the transferor s name immediately below the signature of the transferor. Version

27 EXAMPLE: INDIVIDUAL SIGNATURE IN ITEM 7 Corporate Transferors (6) In the case of a transfer executed by a corporation, ensure that the name of the authorized signatory is typed immediately below the signature. Note that the affixation of a corporate seal is not required for Land Title Act purposes. EXAMPLE: EXECUTION BY CORPORATE TRANSFEROR (7) If a corporate seal is affixed to a true copy, the seal must not obliterate or obscure any signature or information entered in Item 7. Execution by Individual Attorney (8) If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. Version

28 EXAMPLE: EXECUTION BY INDIVIDUAL ATTORNEY Execution by Corporate Attorney (9) In the case of a transfer executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporate attorney is acting as the attorney for the transferor. EXAMPLE: EXECUTION BY CORPORATE ATTORNEY (10) If there is insufficient space in Item 7 to describe either the officer or the transferor, select the option See Form D in the officer section, click on More Signatures, and set out all of the information in Form D Executions Continued. EXAMPLE: SEE FORM D ENTERED IN ITEM 7 Version

29 Lack of Officer Certification (11) If the transferor signature cannot be certified by an officer, select See Affidavit of Execution from the drop down menu. EXAMPLE: SEE AFFIDAVIT OF EXECUTION ENTERED IN ITEM 7 (12) Complete an electronic Declaration or attach an image of an affidavit to the declaration that complies with Part 5 of the Land Title Act. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and the Land Title Electronic Filing System (EFS) User s Guide at (13) The affidavit must state the reason an officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of an officer certification. In cases where affidavit evidence of execution is submitted, the registrar is not likely to exercise his or her discretion unless officer certification is simply impossible to obtain under the circumstances or the transfer was executed outside British Columbia. (14) In cases where the freehold transfer document is executed outside British Columbia, the registrar will accept that it is difficult to obtain officer certification in all cases and will accept an affidavit of execution in lieu of officer certification. Electronic Signature Once the electronic form is completed, a hardcopy must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of an officer must be entered before the electronic signature is affixed. A British Columbia lawyer or notary who is an authorized subscriber must affix his or her electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). Version

30 To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way without invalidating the digital signature. An unsigned copy of the form should be saved before affixing an electronic signature. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: ELECTRONIC SIGNATURE Version

31 2.2. Form B Mortgage Version

32 Version

33 Form B Mortgage General Instructions (1) Every Item in Form B must be completed in accordance with these Completion Instructions and the Requirements of the Director of Land Titles. (2) Upon submission of a mortgage in Form B to the land title office, a separate application is not necessary unless the mortgage also creates a floating charge, capable of registration under the Land Title Act, that the lender wants to register concurrently against other land. In that case, the lender must apply to register the floating charge in Form 17. (3) The mortgage document includes: a. all pages of the mortgage in Form B; b. any additional pages to accommodate borrower and officer signatures in Form D; c. all pages attached to the mortgage as a schedule in Form E; d. all pages of the express terms, if any, attached to the mortgage as Part 2; e. an affidavit of execution, if any, or other supporting document attached to an electronic Declaration; and the mortgage document must be arranged in that order. (4) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. (5) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules, page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. Note that a declaration is not numbered as part of Form B. (6) The phrase END OF DOCUMENT is not required on an electronic form. Lock and Unlock Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields except for items in the application section, the execution section, and the Pick up STC? check box, which can be edited to add pick up instructions and enters a unique identifier to the right of the LOCK button. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier. The purpose of this feature is to help lawyers and notaries confirm that a form has not been changed since it was locked. A locked form protects certain sections from being edited, unless the form is first unlocked, which removes the unique identifier. For example, a purchaser s lawyer may route a partially completed form to another lawyer for review. After getting it back, the lawyer can check the unique identifier. If the unique identifier is the same as the identifier on the version sent out, then no changes have been made to the locked fields. Locking does not prevent pages being added to or deleted from the document (for example, the insertion of Part 2 Express Terms created on a word processor). Version

34 Electronic Signature Once the electronic form is completed, a hardcopy (the true copy defined in Part 10.1 of the Land Title Act) must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of the witnessing officer must be entered before the electronic signature is affixed. British Columbia lawyers or notaries public who are authorized subscribers must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way as that will invalidate the signature for electronic submission. An unsigned copy of the form should be saved before the electronic signature is affixed. In order to submit an electronic form certain steps must first be followed. Part 10.1 of the Land Title Act sets out the legislative provisions and the Land Title and Survey Authority has provided a number of practice directions posted at See the Land Title Electronic Filing System (EFS) User s Guide at for detailed procedures, including information on importing and exporting data from one form to another. Item 1 Application (1) Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the estate transferred. Item 1 constitutes the application to register the estate transferred and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice is sent electronically to the person who submitted the application. (2) If the applicant or the applicant s solicitor or agent is an individual, his or her name, address (with postal code), and phone number must be entered. (3) If the applicant or the applicant s solicitor or agent is acting on behalf of a corporation, the name, address (with postal code), and phone number of an individual who is authorized to do all acts necessary to effect registration of the application. Form Fields Line 1 Applicant name field: enter the name of applicant or applicant s solicitor or agent and where applicable the name of the corporation on whose behalf the individual, solicitor or agent is acting. Line 2 Applicant address line 1: enter the street address. This field may also be used to continue the description of the applicant from the applicant name field, if necessary. Line 3 Applicant address line 2: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Version

35 Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information (e.g., merge RP CA4000 or Subject to CPL CA4010 ). Completion Instructions (1) Where the city, province, and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. (2) No written signature is required on the electronic form. (3) If the transferee is exempt from land title office fees, deselect the Deduct LTSA Fees? check box. The application must be made on behalf of a Ministry (name the Ministry) and the Ministry file must be referenced in the additional information field. EXAMPLE: ITEM 1 APPLICANT COMPLETION EXAMPLE: ITEM 1 APPLICANT COMPLETION BY ALTERNATE (4) Election to proceed subject to certificate of litigation or caveat. a. If, at the time the mortgage is executed, it is intended to register the application subject to a certificate of pending litigation under s. 216(2)(a) or a caveat pursuant to s. 288(2) of the Land Title Act, the appropriate written statement may be made in the additional information field in Item 1, or in an electronic Declaration. b. The land title office will not examine subject to provisions or verify them against the state of the title unless the subject to provision pertains to certificates of pending litigation or a caveat. Version

36 EXAMPLE: MORTGAGE SUBJECT TO CERTIFICATE OF PENDING LITIGATION c. Alternatively enter the election and authorization statement under s. 216(2)(b) of the Land Title Act in an electronic Declaration or attach an image of the information to the declaration. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and see the Land Title Electronic Filing System (EFS) User s Guide at (5) Note that text in the additional information field is designed to shrink the font size to accommodate four lines of text, but is not intended to accommodate overly lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select a schedule to accommodate the situation. Entering more than four lines of text in the additional information field may shrink the text beyond legibility and may result in a refusal notice from the examiner. Import Profile (6) Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Item 2 Parcel Identifier and Legal Description of Land Form Fields Line 1 Parcel Identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the Form B is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted against all of the titles in the strata plan. Note that, in limited circumstances, where the Form B is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., a Crown Grant followed by a Form B Mortgage). Version

37 Line 2 Fractional interest field: if less than the entire interest is being mortgaged, enter the fractional interest being transferred in the separate field above the legal description. Line 3 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Line 4 STC field: a state of title certificate (STC) can be requested by selecting the STC? YES. If you wish to have the STC picked up at a land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. Otherwise, the STC will be mailed out to the address shown in Item 1. Completion Instructions (1) Multiple parcels may be included on one electronic Form B. Use No PID NMBR (2) If a PID number has not been assigned to the parcel, select NO PID NMBR. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the Form B is filed electronically. EXAMPLE: NO PID NUMBER WITH RELATED PLAN NUMBER (3) Neither a PID number nor related plan number is required if the Form B is a Mortgage of an unregistered parcel AND it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest: Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD Form 17 Fee Simple FIRST NATIONS LANDS TITLE TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL Version

38 Form Type Nature of Interest TITLE TO CROWN LAND IN SRW, s. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES EXAMPLE: APPLICATION FOR TITLE TO UNREGISTERED LAND WITH NO PID NUMBER OR RELATED PLAN NUMBER (4) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted by the PID number of the registered title included in the related plan application. (5) When NO PID NMBR is selected and the related plan number field is not completed, the application cannot be noted against any registered titles. This option may only be used when the title and parcel have not yet been registered (e.g., Crown Grants). Users receive the following warning message when a Form A is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package: The document does not reference a PID number. If a PID number with a registered title exists for the land described in {#} - {Filename} or for land in a related application which forms part of this package your application may be subject to a defect notice requiring a material change. (6) If a registered title exists, but the user fails to include a PID number or related plan number, then a refusal notice will be issued requiring that the Form B be withdrawn. Fractional Interests (7) If less than the entire interest is being mortgaged, enter the fractional interest being mortgaged in the separate field above the Legal Description of Land. EXAMPLE: FRACTIONAL INTEREST Version

39 (8) Do not use decimal fractions. For example, a 1/3 interest must not be expressed as 33.33% or.333. Legal Description (9) The legal description consists of everything shown below the PID number in the Description of Land segment of a title. (10) Preambles such as All and singular that certain parcel in the legal description must not be included. Similarly, reference to a strata lot owner s share in the common property must not be included. Statements such as That part of Lot 4 shown on may be used, if required. (11) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable: Rge = Range Tp = Township N = North W = West Bl = Block Dist = District S = South E = East Gp = Group Sec = Section DL = District Lot LD = Legal Subdivision W6M = West of the Sixth Meridian Frac = Fractional THSL = Town of Hastings Suburban Lands KDYD = Kamloops Division, Yale District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District TID = Texada Island District YDYD = Yale Division, Yale District NWD = New Westminster District (12) It is not acceptable to include reference to a water, assessment, or improvement district or legal notations such as hereunto annexed is Easement No.. (13) The legal description must be recorded entirely within Item 2, the legal description of land field, and must not continue onto a schedule. The legal description must be entered opposite the PID number field of the parcel it describes. Use 3 or 30 Parcel Schedules (14) If there is more than one legal description or if space is not sufficient in Item 2 for the complete legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the Legal Description of Land field cannot be changed and the schedule must be completed or a new form started. Version

40 (15) Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text. Use 3 Parcel Schedule has three fields for lengthy legal descriptions. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 2 State of Title Certificate (STC) (16) When a state of title certificate (STC) is requested by selecting the STC? YES check box and the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. If this option is not selected, the STC will be sent to the address shown in the Item 1 application section. (17) Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number. Item 3 Borrowers Form Fields Line 1 Borrower #1 name field: For individuals: enter the name and occupation. A semicolon is required after the given names and between the family name and occupation, (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). For corporations: If the borrower is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the borrower name field and its incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. Line 2 Borrower #2 name field: For individuals: enter the name of the second individual, if any, and occupation. See Completion Instructions if a second borrower is a corporation or further information on joint tenancy is needed. Line 3 Borrower street address field: enter the street address. Version

41 Line 4 City field: enter the name of the city. Line 5 Province field: update the province or state and country field if necessary. Line 6 Postal code field: enter the postal code, or the zip code for out-of-canada addresses. Line 7 Country field: enter the country for out-of-canada addresses. Completion Instructions (1) The fields for province or state, country, and incorporation type, for corporations, are preentered but can be edited by clicking on them with the mouse. (2) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code. (3) The borrower s name should be set out in capital letters and in full as it appears on the title. Names cannot be underlined or highlighted. Individual Borrowers (4) Individuals names and occupations must be entered in the following format with the items separated by semicolons. GIVEN NAMES; FAMILY NAME; OCCUPATION Failure to use semicolons indicates the borrower is a corporation. EXAMPLE: SINGLE INDIVIDUAL BORROWER Note that when the electronic form is printed, commas replace the semicolons between the name and occupation, and the yellow click boxes do not appear. (5) If there are two individual borrowers, enter the second name underneath the first in the same format. Do not use connecting words such as and. Version

42 EXAMPLE: INDIVIDUAL BORROWERS (6) If the borrowers are joint tenants, click on Joint Tenants?. Answer yes in the pop-up dialogue box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To change this selection, click on Joint Tenants?. The software will ask that the selection be confirmed again. EXAMPLE: JOINT TENANTS (7) Two individual borrowers who use the same address must be entered in Item 3. If there is more than one address, a schedule is required (click on Use Schedule). (8) In the case of a mortgage over multiple parcels with different owners, click the Use Free Schedule button to set out the borrowers and corresponding parcel identifiers. (9) If there is insufficient space in Item 3 to enter the names and postal addresses of all of the borrowers, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out the names and addresses of all of the borrowers in the schedule. Do not enter some information in Item 3 and some in the schedule. Version

43 EXAMPLE: MULTIPLE BORROWERS ON DIFFERENT PARCELS: EXAMPLE: SEE SCHEDULE SELECTED IN ITEM 3 Individual and Corporate Borrowers (10) If there is one individual and one corporate borrower, a schedule must be used (click on Use Schedule). For information on completing the schedule, see the Form E Fielded Schedule. Version

44 EXAMPLE: SCHEDULE SHOWING ONE INDIVIDUAL AND ONE CORPORATE BORROWER Corporate Borrowers (11) If the borrower is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the borrower name field and its incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. EXAMPLE: CORPORATE BORROWER INCORPORATED IN BC (12) If the corporation is neither incorporated or registered in British Columbia nor incorporated federally, enter the corporation s name, enter a space in the incorporation number field and tab into the third line to continue with the borrower s postal address. Attach proof of its incorporation on an electronic Declaration. (13) Additional information, such as references to branch offices, trusts or further descriptive information must not be included in the name field. This information may be included in the street address field, as long as the street address still fits. EXAMPLE: CORPORATE BORROWER INCORPORATED OUTSIDE OF BC Version

45 (14) Only one corporate borrower can be entered in Item 3. If there is more than one corporate borrower, a schedule must be used (click on Use Schedule). (15) In the case of a mortgage over multiple parcels with different owners, click on the Use Free Schedule to set out the borrowers and corresponding parcel identifiers. For information on completing the schedule, see the Form E Fielded Schedule. EXAMPLE: SCHEDULE SHOWING MORE THAN ONE CORPORATION Item 4 Lender(s) Form Fields Line 1 Lender name field: For individuals: enter the name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). For corporations: enter the corporation name and incorporation number for corporations other than banks. If there is more than one lender, a schedule must be used. Line 2 Lender information field: For corporations enter the address or further corporate descriptive information, if applicable. Version

46 EXAMPLE: ADDING FURTHER DESCRIPTION OF A CORPORATION EXAMPLE: ADDING AN INDIVIDUAL IN TRUST Line 3 Address line field: enter the street address. Line 4 City field: enter the name of the city. Line 5 Province field: update the province or state and country field if necessary. Line 6 Country field: enter the country for out-of-canada addresses. Line 7 Postal code field: enter the postal code, or the zip code for out-of-canada addresses. Line 8 Additional lender information field: enter additional information, such as references to branch offices. Trusts or further descriptive information must not be included in the lender name field. This information may be included in the additional information field directly below the lender name field and may continue into the street address field, as long as the street address still fits. Completion Instructions (1) The fields for province or state, country, and incorporation type, for corporations, are preentered but can be edited by clicking on them with the mouse. (2) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code. (3) The lenders names must be set out in capital letters. Names must not be underlined or highlighted. Corporate Lenders (4) If the lender is a corporation that is neither incorporated or registered in British Columbia nor incorporated federally, enter the corporation s name and attach proof of its incorporation on an electronic Declaration. (5) If the lender is to hold the mortgage in trust, reference to the trust instrument must be included in the Lender Information Field. Version

47 EXAMPLE: LENDER IN TRUST (6) Additional information, such as references to branch offices or further descriptive information must not be included in the name field. This information may be included in the lender information field. (7) If there is more than one lender, click on Use Schedule. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information about all of the lenders in the schedule. Do not enter some information in Item 4 and some in the schedule. Once Use Schedule is selected, the fields cannot be changed and the schedule must be completed or a new form started. Individual Lenders (8) Individuals names and occupations must be entered in the following format with the items separated by semicolons. GIVEN NAMES; FAMILY NAME; OCCUPATION Failure to use semicolons indicates the transferee is a corporation. EXAMPLE: INDIVIDUAL LENDER SEPARATED BY SEMICOLONS Note that when the electronic form is printed, commas replace the semicolons between the name and occupation, and the yellow click boxes do not appear. (9) If there is more than one lender, click on Use Schedule. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information about all of the lenders in the schedule. Do not enter some information in Item 4 and some in the schedule. Once Use Schedule is selected, the fields cannot be changed and the schedule must be completed or a new form started. For information on completing the schedule, see the Form E Fielded Schedule. Version

48 EXAMPLE: SEE SCHEDULE SELECTED IN ITEM 4 EXAMPLE: SCHEDULE SHOWING MORE THAN ONE LENDER Fractional Interests (10) If multiple lenders are taking fractional interests, the information must be entered on a schedule (click on Use Schedule). Version

49 EXAMPLE: SCHEDULE SHOWING FRACTIONAL INTERESTS Institution Profile (11) Users who often enter the same lender or mortgagee information in Item 4 may find it useful to create an institution profile of commonly used data. If a profile already exists, clicking on Institution Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: INSTITUTION PROFILE For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at Item 5 Payment Provisions Form Fields Line 1 Principal amount field: enter the principal amount expressed in figures only. If the principal amount is not a sum certain, enter SEE SCHEDULE and set out the obligation in a schedule. Version

50 Line 2 Interest rate field: enter the interest rate expressed as a percentage, either decimals or fractions are acceptable. If a definition of Prime or similar reference rate is included in the mortgage terms, interest can be stated as Prime + 2% or words to like effect. Line 3 Interest adjustment date field: enter the interest adjustment date by year, month, day in the respective columns. If there is no interest adjustment date, enter N/A. Line 4 Interest calculation period field: enter interest calculation period using dates if necessary (e.g., quarterly, semi-annually, May 15 and Nov. 15). If there is no interest calculation period, enter N/A. Line 5 Payment dates field: enter the date and frequency of payments (e.g., 1st day of each month, 1st and 15th day of each month or every second Tuesday ). If there are no payment dates, enter N/A. Line 6 First payment date field: enter the date on which the first periodic payment is to be made. If there are no periodic payments, enter N/A. Line 7 Amount of each periodic payment field: enter the amount of each periodic payment (expressed in figures only). If there are no periodic payments, enter N/A. If the periodic payments are of accrued interest only, enter Interest only. Line 8 Interest Act (Canada) statement field: enter the appropriate percentage in figures. If space is insufficient, enter SEE SCHEDULE and set out the equivalent percentage in a schedule. If it is not necessary to make an Interest Act (Canada) Statement, enter N/A. Line 9 Last payment date field: enter the date on which the last periodic payment is to be made. If there are no periodic payments, enter N/A. Line 10 Assignment of rents statement field: If the mortgage contains an assignment of rents which the applicant wishes registered, select the YES box. If the assignment is contained in a set of filed mortgage terms referred to in Item 9, enter the section or page and paragraph of the assignment of rents provision. If the assignment is contained in a schedule of express mortgage terms, select Use Schedule at the bottom of the page and enter the page on which the assignment is set out in the schedule. Version

51 If the mortgage does not contain an assignment of rents, or if it does and the applicant does not want to register it, the form defaults to, or select the NO box. Line 11 Place of payment field: enter the address at which payment of the mortgage money is to be made. If payment is to be made at the lender s postal address shown in Item 4, enter POSTAL ADDRESS IN ITEM 4. Line 12 Balance due date field: enter the date on which the unpaid balance is due. If the mortgage is payable on demand, enter ON DEMAND. Completion Instructions (1) Payment provisions for most mortgages can be accommodated in Item 5. In situations where a particular box in Item 5 cannot be completed conveniently in the space provided, enter SEE SCHEDULE in that box and set out the provision in a schedule. (2) Every box in Item 5 should be completed by: a. entering the appropriate information; or b. entering N/A or SEE SCHEDULE. To append a schedule whenever an entry does not fit the available space, click on Use Schedule. Type the phrase SEE SCHEDULE in the space for the entry (the phrase will not be entered automatically in this Item). All of the information must be on the schedule. EXAMPLE 1: PAYMENT PROVISIONS IN ITEM 5 Version

52 EXAMPLE 2: PAYMENT PROVISIONS IN ITEM 5 WITH REFERENCE TO A SCHEDULE (3) Where information in one or more boxes in Item 5 is set out in a schedule, the information should be set out under the same headings and in the same order as they appear in Item 5. (4) If the mortgage secures a non-monetary obligation and SEE SCHEDULE has been entered in box (a), the obligation may be described in the schedule under the heading Obligation Secured rather than the heading Principal Amount. Item 6 Mortgage Interest Form Field Line 1 Floating charge field: If the mortgage contains a floating charge on land, select the YES box. Completion Instructions (1) If the mortgage does not contain a floating charge on land, the form defaults to NO. Item 7 Mortgage Running Account Form Field Line 1 Mortgage running account field: If the mortgage is made to secure a current or running account, select the YES box. Completion Instructions (1) If the mortgage does not secure a current or running account, the form defaults to NO. Item 8 Interest Mortgaged Check the box that indicates the interest of the borrower that is to be charged. At least one of the boxes must be marked. The form defaults to Freehold. Version

53 Form Field Line 1 Interest Mortgaged field: if the mortgaged interest is a fee simple interest, leave the check mark in the default Freehold box. If the mortgaged interest is an interest less than the fee simple, select the check box Other, describe the charge, and specify its registration number. Deselect the check box for Freehold where not applicable. EXAMPLE: INTEREST OTHER THAN FREEHOLD MORTGAGED Completion Instructions (1) If the mortgaged interest is an interest less than the fee simple and it is to be registered concurrently with the mortgage, enter a description of the instrument creating the interest that is sufficient for the registrar to identify it as the interest mortgaged. Note that the description is limited to 75 characters in this field. EXAMPLE: LESSER INTEREST REGISTERED CONCURRENTLY WITH FREEHOLD MORTGAGE (2) If the mortgaged interest is a fee simple and one or more lesser interests, both boxes may be selected. If there is insufficient space in Item 8 to describe the other specified interests, enter SEE SCHEDULE and describe the interests in the schedule. A Form E Schedule must be appended to the Form B. For information on appending pages, see the Land Title Electronic Filing System (EFS) User s Guide at Item 9 Mortgage Terms Part 2 of the mortgage consists of one of the following fields. Since the list in the form fields is exhaustive, only one item may be selected. Form Fields Select one and only one of the following by placing a check mark in the box at the end of the appropriate line: Line 1 (a) prescribed standard mortgage terms field Line 2 (b) filed standard mortgage terms field Version

54 Line 3 (c) express mortgage terms appended to the mortgage form Completion Instructions (1) Where prescribed standard mortgage terms or filed standard mortgage terms are selected, they constitute Part 2 of the mortgage. Where express mortgage terms are used, these must be entitled MORTGAGE TERMS PART 2 and appended to Part 1 of the mortgage immediately after any schedules to the mortgage form. For information on appending pages, see the Land Title Electronic Filing System (EFS) User s Guide at (2) There are three options for completing Item 9: a. Form B defaults to filed standard mortgage terms, if any. For this option, leave the check mark in the box in line 2 and enter the filing number assigned to the set by the land title office in the DF field; b. if prescribed standard mortgage terms are to be incorporated, select the box in line 1; c. if express mortgage terms are to be attached, select the box in line 3 and append the express terms as Part 2. (3) A selection of either prescribed standard mortgage terms or filed standard mortgage terms automatically includes any addition, deletion, or modification to those terms referred to in Item 10. Item 10 Additional or Modified Terms Form Field Line 1 Additional or modified terms field: where prescribed standard mortgage terms or filed standard mortgage terms are to be added to, deleted, or modified, enter the addition, deletion, or modification in this field. EXAMPLE: ADDITIONAL INFORMATION THAT MAY BE ADDED IN ITEM 10 Version

55 Completion Instructions (1) If all of the additional, deleted, or modified mortgage terms cannot be accommodated in the space provided, click on Use Schedule and set out all additional or modified terms in the schedule. (2) Do not use Item 10 to summarize any mortgage terms or to add to, delete, or modify express mortgage terms. Item 11 Prior Encumbrances Form Field Line 1 Prior encumbrances field: enter a description of any prior encumbrances may be entered if permitted by the lender. Completion Instructions (1) If the description of prior encumbrances does not fit into the available space, click on Use Schedule. The words SEE SCHEDULE will appear and a schedule will be appended to the form. (2) Completion of Item 11 is not mandatory and the registrar will not examine any information contained in it or verify it against the register. (3) If it is intended to make the mortgage subject to an interest that will be registered after the registration of the mortgage, do not enter a description of it in Item 11. Instead, an appropriate form of consent and postponement may be included in the mortgage terms. EXAMPLE: PRIOR ENCUMBRANCES PERMITTED BY LENDER (4) If, at the time a mortgage is executed, it is intended to register the mortgage subject to a certificate of pending litigation, the appropriate entry may be made in Item 11. (5) If the decision is made after execution, a separate election, as required under s. 216(2)(b) of the Land Title Act, is filed. Enter the election and authorization statement under s. 216(2)(b) of the Act in an electronic Declaration or attach an image of it to the declaration. (6) If the declaration is completed prior to submitting the mortgage document, the declaration is included with the submission. (7) If the declaration is created after submitting the mortgage document, the declaration is filed using the Corrective Declaration process. Version

56 (8) Enter the subject to information in Item 11, Prior Encumbrances Permitted by Lender. For further information on filing declarations, see the Declaration Completion Instructions in this guide and the Land Title Electronic Filing System (EFS) User s Guide at Item 12 Executions (1) Item 12 is used for execution of a mortgage by borrowers and for officer certification. (2) The definition of an officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, ss. 60, 63, and 64. (3) The officer signature must appear directly opposite the borrower signature certified by the officer. If an officer is certifying more than one transferor signature, add as to all signatures or as to the signatures of immediately below the officer signature. EXAMPLE: OFFICER CERTIFICATION AS TO ALL SIGNATURES (4) The date of execution, given in year, month, and day, must be indicated in the space provided in Item 12. If an officer is witnessing more than one signature, the date is only to be entered once unless the witnessing took place on two different days. Form Fields Line 1 Officer name field: enter the witnessing officer s name. Line 2 Officer capacity field: select the professional capacity from the drop down menu (e.g., solicitor, notary or commissioner for taking affidavits in British Columbia), or click in the blank field and manually enter the professional capacity. Line 3 Officer address field: enter the witnessing officer s full address. If an officer is witnessing more than one signature the words as to all signatures is required in this field. Version

57 Completion Instructions (1) If the space provided is not sufficient for execution by all transferors, click on More Signatures. An additional page in Form D Executions Continued will be appended to the form. Where an officer has certified the transferor s signature, the certification must appear on the same page as the execution of the borrowers. Officers (2) If an officer s professional capacity is not listed in the drop down menu, select the blank field and enter the professional capacity. EXAMPLE: OFFICER SIGNATURE IN ITEM 12 EXAMPLE: PROFESSIONAL CAPACITY MAY BE ENTERED IN BLANK FIELD (3) Text in the officer professional capacity field is designed to shrink the font size to accommodate several additional letters but is not intended to accommodate lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select See Form D, click on More Signatures and set out all of the information in a Form D. Execution Date Year field: enter the year of the borrower s signature. Years must be entered using the last 2 digits (e.g., 13 for 2013). Month field: enter the month of the borrower s signature. Months must be designated by number (e.g., 02 for February). Version

58 Day field: enter the two digits of the day of the borrower s signature. Borrowers Borrower(s) signature field: the signature field in Form D is free text. Enter the name and particulars of each borrower signatory below the appropriate signature line. (Click at the end of the signature line on the form, press the ENTER key, and enter the appropriate information below the line.). Enter the full name of the borrower and where applicable the authorized signatory on behalf of the borrower. Individual Borrowers (4) For individuals, in the borrower(s) signature(s) field, enter the borrower s name immediately below the signature of the borrower. EXAMPLE: INDIVIDUAL SIGNATURE IN ITEM 12 Corporate Borrowers (5) In the case of a transfer executed by a corporation, ensure that the name of the authorized signatory is typed immediately below the signature. Note that the affixation of a corporate seal is not required for Land Title Act purposes. Version

59 EXAMPLE: EXECUTION BY CORPORATE BORROWER (6) If a corporate seal is affixed to a true copy, the seal must not obliterate or obscure any signature or information entered in Item 12. Execution by Individual Attorney (7) If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. EXAMPLE: EXECUTION BY INDIVIDUAL ATTORNEY Execution by Corporate Attorney (8) In the case of a transfer executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporate attorney is acting as the attorney for the borrower. Version

60 EXAMPLE: EXECUTION BY CORPORATE ATTORNEY (9) If there is insufficient space in Item 7 to describe either the officer or the borrower, select the option See Form D in the officer section, click on More Signatures, and set out all of the information in Form D Executions Continued. EXAMPLE: SEE FORM D ENTERED IN ITEM 12 Lack of Certification (10) If the borrower signature cannot be certified by an officer, select See Affidavit of Execution from the drop down menu. Version

61 EXAMPLE: SEE AFFIDAVIT OF EXECUTION ENTERED IN ITEM 12 (11) Complete an electronic Declaration or attach an image of an affidavit to the declaration that complies with Part 5 of the Land Title Act. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and the Land Title Electronic Filing System (EFS) User s Guide at (12) The affidavit must state the reason an officer s certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of an officer certification. In cases where affidavit evidence of execution is submitted, the registrar is not likely to exercise his or her discretion unless an officer s certification is simply impossible to obtain under the circumstances or the transfer was executed outside British Columbia. (13) In cases where the transfer document, such as a mortgage, is executed outside British Columbia, the registrar will accept that it is difficult to obtain an officer s certification in all cases and will accept an affidavit of execution in lieu of an officer certification. Covenantor or Guarantor A covenantor or guarantor may be included in Item 10 and sign the document in Item 12. The covenantor s or guarantor s name must be entered below the signature. The signature of the covenantor or guarantor need not be certified by an officer for Land Title Act purposes. Electronic Signature Once the electronic form is completed, a hardcopy must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of an officer must be entered before the electronic signature is affixed. A British Columbia lawyer or notary who is a subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). Version

62 To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way without invalidating the digital signature. An unsigned copy of the form should be saved before affixing an electronic signature. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: ELECTRONIC SIGNATURE Version

63 2.3. Form C Charge Version

64 2.4. Form C Release Version

65 Form C General Instrument PART 1 General Instructions There are two electronic versions of Form C. Form C Charge is used for registering a charge, such as an easement. Form C Release is used for registering a release of the charge. Except where specifically noted, the Completion Instructions and the Requirements of the Director of Land Titles in this section refer to both electronic forms. (1) Every Item in Form C must be completed in accordance with these instructions and requirements. (2) Upon submission of a General Instrument in Form C to the land title office, a separate application is not necessary unless the application also creates, excepts, or reserves an interest in land in favour of the transferor and that interest is capable of registration under the Land Title Act. In such cases, the transferor must apply in Form 17. (3) The Form C General Instrument includes: a. Part 1; b. any additional pages to accommodate party and officer signatures in Form D; c. all pages attached to the general instrument as a schedule in Form E; d. all pages of the express terms, if any, attached to the general instrument as Part 2; e. an affidavit of execution, if any, attached to an electronic Declaration; and the general instrument must be arranged in that order. (4) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. (5) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules, page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. Note that a declaration is not numbered as part of Form C. (6) The phrase END OF DOCUMENT is not required on an electronic form. Lock and Unlock Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields except for items in the application section, the execution section, and the Pick up STC? check box, which can be edited to add pick up instructions and enters a unique identifier to the right of the LOCK button. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier. The purpose of this feature is to help lawyers, notaries and other authorized subscribers confirm that a form has not been changed since it was locked. A locked form protects certain sections from being edited, unless the form is first unlocked, which removes the unique identifier. For example, a purchaser s lawyer may send a partially completed form to another lawyer for review. After getting it back, the lawyer can check the unique identifier. If the unique Version

66 identifier is the same as the identifier on the version sent out, then no changes have been made to the locked fields. Locking does not prevent pages being added to or deleted from the document (for example, the insertion of Part 2 Express Terms created on a word processor). Electronic Signature Once the electronic form is completed, a hardcopy (the true copy defined in Part 10.1 of the Land Title Act) must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of a witnessing officer must be entered before the electronic signature is affixed. A British Columbia lawyer, notary public or authorized subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way as that will invalidate the signature for electronic submission. An unsigned copy of the form should be saved before the electronic signature is affixed. In order to submit an electronic form certain steps first must be followed. Part 10.1 of the Land Title Act sets out the legislative provisions and the Land Title and Survey Authority has provided a number of practice directions posted at See the Land Title Electronic Filing System (EFS) User s Guide at for detailed procedures, including information on importing and exporting data from one form to another. Item 1 Application (1) Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the estate or interest in land charged or released. Item 1 constitutes the application to register the estate or interest in land charged or released and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice is sent electronically to the person who submitted the application. (2) If the applicant or the applicant s solicitor or agent is an individual, his or her name, address (with postal code), and phone number must be entered. (3) If the applicant or the applicant s solicitor or agent is acting on behalf of a corporation, the name, address (with postal code), and phone number of an individual who is authorized to do all acts necessary to effect registration must be entered. Form Fields Line 1 Applicant name field: enter the name of applicant or applicant s solicitor or agent and, where applicable, the name of the corporation on whose behalf the individual, solicitor or agent is acting. Version

67 Line 2 Applicant address line 1: enter the street address. This field may also be used to continue the description of the applicant from the applicant name field, if necessary. Line 3 Applicant address line 2: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information (e.g., merge RP CA4000 or Subject to CPL CA4010 ). Completion Instructions (1) Where the city, province, and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. (2) No written signature is required on the electronic form. (3) If the transferee is exempt from land title office fees, deselect the Deduct LTSA Fees? check box. The application must be made on behalf of a Ministry (name the Ministry) and the Ministry file must be referenced in the additional information field. EXAMPLE: ITEM 1 APPLICANT COMPLETION EXAMPLE: ITEM 1 APPLICANT COMPLETION BY ALTERNATE (4) Election to proceed subject to certificate of pending litigation or caveat. a. If, at the time the transfer is executed, it is intended to register the applicant s title subject to a certificate of pending litigation under s. 216(2)(a) or a caveat pursuant to s. 288(2) of the Land Title Act, the appropriate entry may be made in the additional information field in Item 1, or in an electronic Declaration. b. The land title office will not examine subject to provisions or verify them against the state of the title unless the subject to provision pertains to certificates of pending litigation or a caveat. Version

68 EXAMPLE: TRANSFER SUBJECT TO CERTIFICATE OF PENDING LITIGATION c. Alternatively, enter the election and authorization information under s. 216(2)(b) of the Land Title Act in an electronic Declaration or attach an image of the information to the declaration. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and see the Land Title Electronic Filing System (EFS) User s Guide at (5) Note that text in the additional information field is designed to shrink the font size to accommodate four lines of text, but is not intended to accommodate overly lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select a schedule to accommodate the situation. Entering more than four lines of text in the additional information field may shrink the text beyond legibility and may result in a refusal notice from the examiner. Import Profile (6) Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Item 2 Parcel Identifier and Legal Description of Land Form Fields Line 1 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the Form C is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted against all of the titles in the strata plan. Note that, in limited circumstances, where the Form C is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., a Crown Grant followed by a Form C Charge or Release). Version

69 Line 2 Fractional interest field: if less than the entire interest is being charged or released, enter the fractional interest being applied for in the separate field above the legal description of land. Line 3 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Line 4 STC field: a state of title certificate (STC) can be requested by selecting the STC? YES. If you wish to have the STC picked up, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. Otherwise, the STC will be mailed out to the address shown in Item 1. Completion Instructions (1) Multiple parcels may be included on one electronic Form C. Use No PID NMBR (2) If a PID number has not been assigned to the parcel, select NO PID NMBR. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the Form C is filed electronically. EXAMPLE: APPLICATION IN FORM C WITH NO PID NUMBER OR RELATED PLAN NUMBER (3) Neither a PID number nor related plan number is required if the Form C Charge or Release affects an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest: Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD Form 17 Fee Simple FIRST NATIONS LANDS TITLE TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, s. 24, B.C. REG. 334/79 Version

70 CANCELLATION OF INTERIOR LOT LINES (4) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted against the PID number of the registered titles affected by the related plan application. (5) When NO PID NMBR is selected and the related plan number field is not completed, the application cannot be noted against any registered titles. This option may only be used when the title and parcel have not yet been registered (e.g., Crown Grants). Users receive the following warning message when a Form C Charge or Release is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package: The document does not reference a PID number. If a PID number with a registered title exists for the land described in {#} {Filename} or for land in a related application which forms part of this package your application may be subject to a refusal notice requiring a material change. (6) If a registered title exists, but the user fails to include a PID number or related plan number, then a refusal notice will be issued requiring that the Form C Charge or Release be withdrawn. (7) In the case of a partial release, ensure that the land described in Item 2 is the only land that is to be released from the charge. (8) When an application includes parcels with PID numbers and parcels without PID numbers, a schedule must be used. A parcel with NO PID NMBR selected must relate to a pending plan or a plan in the package that contains a PID number. Version

71 EXAMPLE: PARCELS WITH AND WITHOUT PID NUMBER Legal Description (9) The legal description consists of everything shown below the PID number in the Description of Land segment of a title. (10) Preambles such as All and singular that certain parcel in the legal description must not be included. Similarly, reference to a strata lot owner s share in the common property must not be included. Statements such as That part of Lot 4 shown on may be used, if required. (11) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable: Rge = Range Tp = Township N = North W = West Bl = Block Dist = District S = South E = East Gp = Group Sec = Section DL = District Lot Version

72 LD = Legal Subdivision W6M = West of the Sixth Meridian Frac = Fractional THSL = Town of Hastings Suburban Lands KDYD = Kamloops Division, Yale District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District TID = Texada Island District YDYD = Yale Division, Yale District NWD = New Westminster District (12) It is not acceptable to include reference to a water, assessment, or improvement district or legal notations such as hereunto annexed is Easement No.. (13) The legal description must be recorded entirely within Item 2, the legal description of land field, and must not continue onto a schedule. The legal description must be entered opposite the PID number field of the parcel it describes. Use 3 or 30 Parcel Schedules (14) If there is more than one legal description or if space is not sufficient in Item 2 for the complete legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the legal description of land field cannot be changed and the schedule must be completed or a new form started. (15) Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text. Use 3 Parcel Schedule has three fields for lengthy legal descriptions. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at Version

73 EXAMPLE: PARCELS WITH AND WITHOUT PID NUMBER State of Title Certificate (STC) (16) When a state of title certificate (STC) is requested by selecting the STC? YES check box and the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. If this option is not selected, the STC will be sent to the address shown in the application section. (17) Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number. Item 3 Nature of Interest Form Fields Line 1 Nature of interest field: select the first nature of interest transaction from the drop down menu in either the Form C Charge or Form C Release. Charge no. field: enter the charge number affected where the general instrument is intended to assign, modify, postpone, or release a charge. Additional information field: enter a description of the charge or release, if required. Line 2 Nature of interest field: select a second nature of interest transaction, if any, from the drop down menu in either the Form C Charge or Form C Release. Version

74 Charge no. field: enter the second charge number for a modification, extension or transfer of a charge or the charge number for a release. Additional information field: enter a description of the second charge or release, if required. Completion Instructions (1) Multiple items must be entered in the order in which they appear on the title. (2) Up to two charges or releases may be entered in Item 3. (3) When a Transfer of Charge is selected, the form automatically selects Express Charge Terms Annexed as Part 2 and a Terms of Instrument - Part 2 is appended to the form. (4) The Terms of Instrument - Part 2 has data entry fields to denote the applicable consideration and to add Additional Terms, if needed. For completion instructions about the data entry fields visit Item 4 Terms of Instrument. Note: The appended Terms of Instrument Part 2 must be used. EXAMPLE: Express Charge Terms Automatically Selects for a Transfer of Charge EXAMPLE: APPLICATION SETTING OUT MORE THAN ONE CHARGE (PRIORITY AGREEMENTS) (5) Where there is insufficient space in the additional information field for text describing the charge, click on Use Schedule. EXAMPLE: SCHEDULE PROVIDING ADDITIONAL INFORMATION (EASEMENTS) Version

75 EXAMPLE: CANCELLATION OF A CLAIM OF BUILDERS LIEN AND ASSOCIATED CERTIFICATE OF PENDINGLITIGATION (6) If there are more than two charges or releases, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. The schedule is pre-filled with the same fields used in Item 3. Once the schedule is selected, the nature of interest field cannot be changed and the schedule must be completed or a new form started. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at Note that unused selections in the Nature of Interest schedules are deleted automatically when the electronic signature is applied. (7) If the general instrument is intended to operate as a release of a registered charge, select the nature of the charge from the drop down menu and complete the charge number field with its registration number EXAMPLE: RELEASE OF REGISTERED CHARGE (8) In preparing a release, multiple charges must be listed as separate Natures of Interest in the following order: a. original charge (e.g., a mortgage); b. derivative charges relating to the original charge, such as a modification or extension of the mortgage or priority agreement; c. subsequent charges (e.g., an assignment of rents); d. derivative charges relating to subsequent charges, such as priority agreements. (9) Applications related to derivative charges such as extensions, modifications, or priority agreements should be made at the same time. If there are more than two derivative charges, a schedule must be used (click on Use Schedule). Version

76 EXAMPLE: SCHEDULE FOR RELEASE OF CHARGE AND DERIVATIVE CHARGES (10) If a charge (e.g., a statutory right of way) affects only part of the land described in Item 2, there must be a statement to that effect in the additional information field. EXAMPLE ADDITIONAL INFORMATION FOR STATUTORY RIGHT OF WAY OVER PART OF LAND: (11) If a release of a charge (e.g., an easement) affects only part of the land described in Item 2, there must be a statement to that effect in the additional information field. If there is a dominant tenement associated with the charge, a description of the dominant tenement, including the PID number, must be set out in the additional information field. EXAMPLE: SCHEDULE FOR RELEASE OF EASEMENT OVER PART OF LAND (12) If there is a dominant tenement associated with the charge, a description of the dominant tenement, including the PID number, must be set out in the additional information field. If there is insufficient space in Item 2, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Version

77 EXAMPLE: SCHEDULE SETTING OUT DOMINANT LANDS AND RECIPROCAL EASEMENTS EXAMPLE: SCHEDULE INDICATING PRIORITY AGREEMENT IN SAME PACKAGE AS CHARGE RECEIVING PRIORITY EXAMPLE: SCHEDULE DESCRIBING A PRIORITY IN SAME INSTRUMENT AS CHARGE RECEIVING PRIORITY Interests That Must Be in Form C (13) The following classes of instrument creating or constituting any of the following must be in Form C: a. an assignment of rents that is not part of a mortgage; b. an easement; c. an equitable charge other than a floating charge; d. an agreement to extend a registered mortgage or charge over other land; e. an agreement to modify a registered charge; Version

78 f. a priority agreement; g. a lease, option to lease or agreement to renew a lease; h. an option to purchase; i. a right of first refusal; j. a right to purchase; k. a statutory right of way; l. a positive or negative covenant, other than a declaration of building scheme in Form 35, as approved by the Director; m. an assignment of a charge, as approved by the Director; n. a release or discharge of a charge or interest. (14) Valid entries for each of the electronic forms appear on the drop down menu. The choices in the drop down menu include (a) to (n) above and other charges accepted by the land title office. (15) An extension of mortgage can be selected from the drop down menu, but for other charge types, select the nature of the interest from the drop down menu and, in the additional information field, explain that it is an extension or modification of the charge. An extension of a mortgage does not require further description unless the mortgage was previously modified or extended. EXAMPLE: EXTENSION OF CHARGE EXAMPLE: EXTENSION OF CHARGE EXAMPLE: MODIFICATION OF CHARGE Version

79 (16) As a general rule, any instrument that creates a voluntary charge agreed to by the parties or that voluntarily releases a charge must be in Form C. If the signature of the owner of the land affected by the charge is not necessary to create the charge, do not use Form C. Similarly, where the signature of the charge holder is not necessary to effect its release, do not use Form C. (17) Note the following: a. a debenture security or security agreement that creates a mortgage of specific land must be in Form B; b. a debenture security or security agreement that does not create a mortgage of specific land must be in Form C where it creates an equitable charge other than a floating charge; c. if the equitable charge created by the debenture or security agreement is a floating charge, the instrument need not be in Form C. If Form C is not used, the application to register must be in Form 17; d. a floating charge on land is not registrable until it has crystallized; e. if the instrument is a supplemental debenture or a supplemental security agreement, and it purports to modify or extend a registered charge, the instrument must be in Form C; f. if the instrument is a supplemental debenture or a supplemental security agreement that creates a mortgage of specific land in circumstances where the principal debenture or security agreement is unregistered, the instrument must be in Form B. (18) For document reference, enter the general instrument page number and the paragraph number where the interest is created (the words of grant) in the additional information field. Where the words creating the interest are contained in a set of filed standard charge terms, enter the filing number of the set and the page and paragraph number where the interest is created. If there is insufficient room, click on Use Schedule. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the nature of interest field cannot be changed and the schedule must be completed or a new form started. Version

80 EXAMPLE: SCHEDULE SETTING OUT ADDITIONAL INFORMATION For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at Interests That Must Not Be in Form C (19) If the signature of the owner of the land affected by the charge is not necessary to create the charge, do not use Form C. Similarly, where the signature of the charge holder is not necessary to effect its release, do not use Form C. (20) The following list contains examples of instruments that must not be in Form C (the list is not exhaustive): a. builder s lien; b. caveat; c. change of name application; d. court order; e. tax sale notice; f. transmission; g. any other instrument, the form of which is prescribed i. under the Act, or ii. under any other enactment, where applied for in Form 17 as approved by the Director. (21) Generally, the instruments listed in subsection (2) are approved as supporting documents and create involuntary charges. An application is made in an electronic Form 17. Version

81 (22) If more than two charges or releases are listed, or the text does not fit into one line of text in the additional information field, a schedule must be used (click on Use Schedule). EXAMPLE: SCHEDULE OF CHARGES OR RELEASES (23) The nature of interest field allows for two separate charges to be described. If only one charge is entered and the additional information field requires more than one line of text, click on Use Schedule. DO NOT ENTER ADDITIONAL INFORMATION ON THE SECOND LINE. Once the schedule is selected, the form cannot be changed and the schedule must be completed or a new form started. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at Item 4 Terms of Instrument (1) Part 2 of the Form C General Instrument that creates, assigns, modifies, enlarges or governs the priority of a charge consists of either: a. filed standard charge terms; or b. express charge terms appended as Part 2. Note: When nature of interest Transfer of Charge is selected, Item 4(b) Express Charge Terms is ticked automatically and Terms of Instrument Part 2 is appended to the form. The appended Terms of Instrument Part 2 must be used. (2) In the case of a release, Form C will be in Part 1 only. There will be no Part 2. Any saving language describing rights not specifically released may be set out in Item 7. For information on appending documents, see Land Title Electronic Filing System (EFS) User s Guide at Version

82 Form Fields Form C Charge Line 1 Terms: select only one of the following: c. filed standard charge terms; or d. express charge terms appended as Part 2. Terms of Instrument Part 2 (Only applicable to nature of interest Transfer of Charge) Consideration Value Field: enter a monetary value consideration. Description of the Consideration Field: enter a description of the valuable consideration, if needed. Additional Terms Field: enter any additional terms, if needed. More Pages: select the more pages button to add another editable field for Additional Terms. EXAMPLE: Data Entry Fields in Terms of Instrument Part 2 Version

83 Form C Release Line 1 Terms: the text cannot be edited. The charge described in item 3 is released or discharged as a charge on the land described in item 2. Completion Instructions (1) In the Form C Charge, the selection of filed standard charge terms includes any addition, deletion or modification to those terms referred to in Item 7. (2) Where filed standard charge terms are selected, they constitute Part 2 of Form C. Where express charge terms are used, they are described as TERMS OF INSTRUMENT PART 2 and are attached to Part 1 of the Form C immediately after any schedules appended to the form. (3) For nature of interest Transfer of Charge, complete the applicable data entry fields on the appended Terms of Instrument Part 2. (4) There are two consideration fields applicable to the words of transfer, the Consideration Value field defaults to $1.00 and Description of Consideration field defaults to and other valuable consideration. These two fields may be edited where applicable. The words of transfer are not editable because these words of transfer are required to ensure the application is registrable. Additional terms may be added in the Additional Terms field if needed. (5) More Pages: click the more pages button to add another data entry field for Additional Terms. EXAMPLE: Complete the Fields in Terms of Instrument Part 2 Version

84 (6) In the case of a modification agreement, priority agreement, or surrender of lease, the terms of the modification, priority or surrender are treated as express charge terms and are appended to the electronic document as Part 2 of Form C. Item 5 Transferor Form Field Form C Charge Line 1 Transferor(s) Field: enter the full name of the transferor(s) without any addresses or occupations. In the case of a corporation, enter its corporation name and its British Columbia incorporation or registration number, if any. Completion Instructions (1) The transferor is the person who: a. transfers, assigns, grants or otherwise creates an interest; b. postpones an interest; c. releases or discharges an interest; or d. in the case of the modification of a charge, is the person who is granted the charge or who is the owner of the estate, charge or interest that is encumbered by the charge being modified. (2) The name of the transferor(s) must be entered in capital letters. Names cannot be underlined or highlighted. (3) If the transferor is an individual, his or her name must be set out in full as it appears on the title. EXAMPLE: INDIVIDUAL TRANSFERORS (4) In the case of a corporation that is neither incorporated nor registered in British Columbia, the name of its governing jurisdiction may be entered in Item 5. EXAMPLE: CORPORATE TRANSFEROR Version

85 (5) In the case of a release of a charge, enter the full name of the charge owner. (6) In the case of a priority agreement, enter the full name of the charge holder granting the priority. (7) In the case of a modification agreement, enter the full name of the registered owner of the estate, charge or interest that is encumbered by the charge being modified. (8) In the case of a release of a charge, where the corporation has changed its name or amalgamated since taking title, enter its new name then formerly known as and the previous name. EXAMPLE CORPORATE AMALGAMATION (9) A schedule must only be used if there is insufficient space in Item 5 to enter the names of all of the transferors (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out the names of all the transferors in the schedule. Do not set out some names in Item 5 and some in the schedule. EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 5 EXAMPLE: SCHEDULE SETTING OUT CORPORATE TRANSFERORS (10) Members of the Authorized Subscriber Register are restricted to electronically signing applications where the organizations they represent are the transferor or transferee of the application. If the Form C is to be electronically signed by a Member of the Authorized Subscriber Register with this requirement, then the name of the transferor (or transferee) must appear on the Form C and not in a schedule, as the system must verify the name in the form is the same as it appears in the Authorized Subscriber register. Version

86 EXAMPLE: AUTHORIZED SUBSCRIBER S NAME OF ORGANIZATION FOR TRANSFEROR Item 6 Transferee Form Fields Form C Charge Line 1 Transferee #1 name field: for individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). For corporations: if the transferee is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the transferee name field and its incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. Line 2 Transferee #2 name field. for individuals: name of the second individual, if any, and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). See below under completion instructions if a second transferee is a corporation or further information on joint tenancy is needed. Line 3 Transferee street address field: enter the street address. Line 4 City field: enter the name of the city. Line 5 Province field: update the province or state and country field, if necessary. Line 6 Postal code field: enter the postal code, or the zip code for out-of-canada addresses. Form C Release Line 1 Transferee name field: the Form C Release does not contain fields for province, state, or country but defaults to the words Registered Owner which may be typed over where applicable. Completion Instructions (1) The fields for province or state, country, and incorporation type, for corporations, are preentered but can be edited by clicking on them with the mouse. (2) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code. (3) The transferees names must be set out in capital letters. Names must not be underlined or highlighted. Version

87 Individual Transferees (4) Individuals names and occupations must be entered in the following format with the items separated by semicolons. GIVEN NAMES; LAST NAME; OCCUPATION Failure to use semicolons indicates the transferee is a corporation. EXAMPLE: INDIVIDUAL TRANSFEREE SEPARATED BY SEMICOLONS Note that when the electronic form is printed, commas replace the semicolons between the name and occupation, and the yellow click boxes do not appear. (5) If there are two individual transferees, enter the second name in the field below the first in the same format. Do not use connecting words such as and. If the borrowers are joint tenants, click on Joint Tenants?. Answer yes in the pop-up dialogue box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To change the selection, click on Joint Tenants?. The software will ask that the selection be confirmed again. EXAMPLE: TWO INDIVIDUAL TRANSFEREES AS JOINT TENANTS (6) Two transferees who use the same address must be entered in Item 6. If there is more than one address, a schedule is required (click on Use Schedule). (7) A schedule must be used where there are more than two individual transferees or where there is one corporate transferee and at least one other transferee, whether an individual or a corporation. If a schedule is required for Item 6, enter the transferee information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information in the schedule. Do not set out some information in Item 6 and some in the schedule. Once Use Schedule is selected, the transferee fields cannot be changed and the schedule must be completed or a new form started. (8) Members of the Authorized Subscriber Register are restricted to electronically signing applications where the organizations they represent are the transferor or transferee of the application. If the Form C is to be electronically signed by a Member of the Authorized Subscriber Register with this requirement, then the name of the transferee must appear on the Form C and not in a schedule, as the system must verify the name in the form is the same as it appears in the Authorized Subscriber register. Version

88 If the organization the Member represents wish to include a further description of the organization that will not fit within the transferee field, e.g. reference to a ministry or a division of the organization, the additional information may need to be abbreviated and included within the first address field or included within the Part 2 of the Form. EXAMPLE: AUTHORIZED SUBSCRIBER S NAME OF ORGANIZATION FOR TRANSFEREE Individual and Corporate Transferees (9) If there is one individual and one corporation, enter this information on a schedule (click on Use Schedule). EXAMPLE: USE SCHEDULE FOR ONE INDIVIDUAL AND ONE CORPORATE TRANSFEREE Corporate Transferees (10) If the corporation is neither incorporated or registered in British Columbia nor incorporated federally, enter the corporation s name and attach proof of its incorporation on an electronic Declaration. (11) Additional information, such as references to branch offices or further descriptive information must not be included in the name field. This information may be included in the street address field, as long as the street address still fits. (12) If there is more than one corporation, enter this information on a schedule (click on Use Schedule). Version

89 EXAMPLE: SCHEDULE SHOWING MORE THAN ONE CORPORATE TRANSFEREE (13) In the case of a corporate transferee that has branch offices, a branch office address for service may be included in the address field as the address of the transferee. (14) If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the corporate transferee s street address. (15) No proof of incorporation is required for corporations incorporated in British Columbia or federally. For all corporations incorporated in other jurisdictions, proof of incorporation must be attached to an electronic Declaration and submitted following the Form C. Fractional Interests (16) Where transferees are taking unequal fractional interests, this information must be shown immediately after the transferees names. This requirement does not apply where transferees are taking either as joint tenants or tenants in common in equal shares. Where transferees take in unequal shares, their respective interests must be shown as fractions of the interest being transferred and not as fractions of the whole land. For example, if Item 2 refers to an undivided 1/2 interest and it is intended to apportion that interest among three transferees in unequal shares, the fractional shares shown in Item 6 must total 1. If one of the transferees is to take 1/2 of the undivided 1/2 interest and the other two transferees are to take 1/4 each, Item 6 would be completed as shown in the following example. As there are more than two individual transferees in this example, the information is entered on a schedule (click on Use Schedule). EXAMPLE: SCHEDULE SHOWING UNEQUAL FRACTIONAL INTERESTS (17) In the case of a transfer of a charge, to determine the fraction being transferred the simple test is: what fraction of the whole is being transferred? Version

90 (18) Do not use decimal fractions. For example, a 1/3 interest must not be expressed as 33.33% or.333. (19) If a schedule is required for Item 6, enter the transferee information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out in the schedule the names, occupations, addresses, and postal codes of all the transferees, and where applicable, the incorporation numbers. Do not set out some information in Item 6 and some in the schedule. EXAMPLE: SEE SCHEDULE SELECTED IN ITEM 6 EXAMPLE: TWO COMPANIES LISTED ON A SCHEDULE Item 7 Additional or Modified Terms Where the filed standard charge terms are being added to, deleted, or modified, the addition, deletion, or modification may be entered in Item 7 or in a schedule. Form Field Line 1 Additional or modified terms field: if all of the additional, deleted, or modified charge terms can be accommodated in the space provided, enter the terms in Item 7. Completion Instructions (1) If all of the additional, deleted, or modified charge terms cannot be accommodated in the space provided, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set all of the terms out in a schedule. (2) Do not use Item 7 to summarize any charge terms or to add to, delete, or modify express terms. Version

91 (3) Saving language may be added where appropriate. For example, in a release of mortgage, the mortgagee may wish to add express words to set out that the contractual obligation to pay is not affected in those cases where only the security is being released. Item 8 Executions (1) The definition of an officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, ss. 60, 63, and 64. (2) The officer signature must appear directly opposite the transferor signature certified by the officer. If an officer is certifying more than one transferor signature, add as to all signatures or as to the signatures of immediately below the officer signature. EXAMPLE: OFFICER CERTIFICATION AS TO ALL SIGNATURES (3) If the space provided is not sufficient for execution by all transferors, click on More Signatures. An additional page in Form D Executions Continued will be appended to the form. Where an officer has certified the transferor(s) s signature, the certification must appear on the same page as the execution. (4) The date of execution, given in year, month, and day, must be indicated in the space provided in Item 8. If an officer is witnessing more than one signature, the date is only to be entered once unless the witnessing took place on two different days. Form Fields Line 1 Officer name field: enter the witnessing officer s name. Line 2 Officer capacity field: select the professional capacity from the drop down menu (e.g., solicitor, notary or commissioner for taking affidavits in British Columbia), or click in the blank field and manually enter the professional capacity. Line 3 Officer address field: enter the witnessing officer s full address. If an officer is witnessing more than one signature the words as to all signatures are required in this field. Version

92 Completion Instructions Officers (1) If an officer s professional capacity is not listed in the drop down menu, select the blank field and enter the professional capacity. EXAMPLE: OFFICER SIGNATURE IN ITEM 8 EXAMPLE: PROFESSIONAL CAPACITY MAY BE ENTERED IN BLANK FIELD (2) Text in the officer professional capacity field is designed to shrink the font size to accommodate several additional letters but is not intended to accommodate lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select See Form D, click on More Signatures and set out all of the information in a Form D. Execution Date Year field: enter the year of the transferor(s) s signature. Years must be entered using the last 2 digits (e.g., 13 for 2013). Month field: enter the month of the transferor(s) s signature. Months must be designated by number (e.g., 02 for February). Day field: enter the two digits of the day of the transferor(s) s signature. Transferors Transferor signature field: enter the full name of the transferor(s) and where applicable the authorized signatory on behalf of the transferor. Version

93 (3) The signature field in Form D is free text. Enter the name and particulars of each transferor signatory below the appropriate signature line. (Click at the end of the signature line on the form, press the ENTER key, and enter the appropriate information below the line). Individual Transferors (4) For individuals, in the transferor(s) signature(s) field in Item 8, enter the transferor s name immediately below the signature of the transferor. EXAMPLE: INDIVIDUAL SIGNATURE IN ITEM 8 Corporate Transferors (5) In the case of a transfer executed by a corporation, ensure that the name of the authorized signatory is typed immediately below the signature. Note that the affixation of a corporate seal is not required for Land Title Act purposes. EXAMPLE: EXECUTION BY CORPORATE TRANSFEROR (6) If a corporate seal is affixed to a true copy, the seal must not obliterate or obscure any signature or information entered in Item 8. Execution by Individual Attorney (7) If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. Version

94 EXAMPLE: EXECUTION BY INDIVIDUAL ATTORNEY Execution by Corporate Attorney (8) In the case of a transfer executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporate attorney is acting as the attorney for the transferor. EXAMPLE: EXECUTION BY CORPORATE ATTORNEY (9) If there is insufficient space in Item 8 to describe either the officer or the transferor, select the option See Form D in the officer section, click on More Signatures, and set out all of the information in Form D Executions Continued. Version

95 EXAMPLE: SEE FORM D ENTERED IN ITEM 8 Lack of Officer Certification (10) If the transferor(s) signature cannot be certified by an officer, select See Affidavit of Execution from the drop down menu. EXAMPLE: SEE AFFIDAVIT OF EXECUTION ENTERED IN ITEM 8 (11) Complete an electronic Declaration or attach an image of an affidavit to the declaration that complies with Part 5 of the Land Title Act. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and the Land Title Electronic Filing System (EFS) User s Guide at (12) The affidavit must state the reason an officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of an officer certification. In cases where affidavit evidence of execution is submitted, the registrar is not likely to exercise his or her discretion unless officer certification is simply impossible to obtain under the circumstances or the transfer was executed outside British Columbia. Version

96 (13) In cases where the freehold transfer document is executed outside British Columbia, the registrar will accept that it is difficult to obtain officer certification in all cases and will accept an affidavit of execution in lieu of officer certification. Electronic Signature Once the electronic form is completed, a hardcopy must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of an officer must be entered before the electronic signature is affixed. A British Columbia lawyer, notary or any approved subscriber who is a subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way without invalidating the digital signature. An unsigned copy of the form should be saved before affixing an electronic signature. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: ELECTRONIC SIGNATURE Version

97 2.5. Form D Executions Continued Version

98 General Instructions Form D Executions Continued (1) Form D is appended automatically to Forms A, B, or C when the user clicks on More Signatures. Form Fields Line 1 Officer name field: enter the witnessing officer s name. Line 2 Officer capacity field: select the professional capacity from the drop down menu (e.g., solicitor, notary or commissioner for taking affidavits in British Columbia), or click in the blank field and manually enter the professional capacity. Line 3 Officer address field: enter the witnessing officer s full address. If an officer is witnessing more than one signature the words as to all signatures are required in this field. Completion Instructions Officer (1) If an officer s professional capacity is not listed in the drop down menu, select the blank field and enter the professional capacity. EXAMPLE: PROFESSIONAL CAPACITY MAY BE ENTERED IN BLANK FIELD Text in the officer professional capacity field is designed to shrink the font size to accommodate several additional letters but is not intended to accommodate lengthy descriptions. Note: text in the officer professional capacity field is designed to shrink the font size to accommodate several additional letters but is not intended to accommodate lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, leave the field blank and enter the description below. Execution Date Year field: enter the year of the transferor s signature. Years must be entered using the last 2 digits (e.g., 89 for 1989). Month field: enter the month of the transferor s signature. Months must be designated by number (e.g., 2 for February). Day field: enter the two digits of the day of the transferor s signature. Version

99 Transferors Transferor signature field: enter the full name of the transferor and where applicable the authorized signatory on behalf of the transferor. (2) If the space provided is not sufficient for execution by all transferor(s), click on More Signatures. An additional page in Form D Executions Continued will be appended to the form. Where an officer has certified the transferor s signature, the certification must appear on the same page as the execution of that transferor. (3) The signature field in Form D is free text. Enter the name and particulars of each transferor signatory below the appropriate signature line. (Click at the end of the signature line on the form, press the ENTER key, and enter the appropriate information below the line.) Individual Transferors (4) For individuals, in the transferor(s) signature(s) field in Item 7, enter the transferor s name immediately below the signature of the transferor. EXAMPLE: OFFICER SIGNATURE Corporate Transferors (5) In the case of a transfer executed by a corporation, ensure that the name of the authorized signatory is typed immediately below the signature. Note that the affixation of a corporate seal is no longer required for Land Title Act purposes. EXAMPLE: EXECUTION BY CORPORATE TRANSFEROR Version

100 (6) If a corporate seal is affixed to a true copy, the seal must not obliterate or obscure any signature or information entered in this Item. Execution by Individual Attorney (7) If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. EXAMPLE: EXECUTION BY INDIVIDUAL ATTORNEY Execution by Corporate Attorney (8) In the case of a transfer executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporate attorney is acting as the attorney for the transferor(s). EXAMPLE: EXECUTION BY CORPORATE ATTORNEY Lack of Certification (9) If the transferor(s) signature cannot be certified by an officer, select See Affidavit of Execution from the drop down menu. Version

101 EXAMPLE: SEE AFFIDAVIT OF EXECUTION (10) Complete an electronic Declaration or attach an image of an affidavit to the declaration that complies with Part 5 of the Land Title Act. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and the Land Title Electronic Filing System (EFS) User s Guide at (11) The affidavit must state the reason an officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of an officer certification. In cases where affidavit evidence of execution is submitted, the registrar is not likely to exercise his or her discretion unless officer certification is simply impossible to obtain under the circumstances or the transfer was executed outside British Columbia. (12) In cases where the transfer document is executed outside British Columbia, the registrar will accept that it is difficult to obtain officer certification in all cases and will accept an affidavit of execution in lieu of officer certification. Electronic Signature Once the electronic form is completed, a hardcopy (the true copy defined in Part 10.1 of the Land Title Act) must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of a witnessing officer must be entered before the electronic signature is affixed. A British Columbia lawyer, notary public or authorized subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way as that will invalidate the signature for electronic submission. An unsigned copy of the form should be saved before the electronic signature is affixed. Version

102 See the Land Title Electronic Filing System (EFS) User s Guide at for information on importing and exporting data from one form to another. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at Version

103 2.6. Form E (Free Text) Schedule Version

104 General Instructions (1) Form E (Free Text) Schedule is appended automatically to electronic forms when the user clicks on Use Schedule in any fields except for additional legal descriptions, additional natures of interest, transferee fields (only in Form A) and borrower and lender fields (only in Form B). In addition, the free text schedule is added when the user clicks on Use Free Schedule in the Form E Fielded Schedule. (2) Schedules attached to electronic forms, other than Forms A, B, and C, are not labelled Form E. (3) If more room for text is required in Form E, the user clicks on More Pages. (4) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than electronic land title forms and their schedules, page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. (5) Note that a declaration is not numbered as part of Form A, B or C. Form Field Free text field: enter only information that, due to limited space, cannot be accommodated in the freehold transfer, mortgage, general instrument or other electronic form. Completion Instructions (1) Information may only be entered on a Form E (Free Text) Schedule if the information required for an Item on an electronic form does not fit the available space in the assigned field. (2) The software automatically appends a Form E when the user clicks on Use Schedule. (3) Entries on a Form E must be made in the same order as they would have been in the freehold transfer, mortgage, general instrument or other electronic form to which Form E is attached. (4) Labelled subheadings must be in block capitals and must be numbered in accordance with the Item number of the electronic form to which the Form E is attached. (5) If additional pages are required, the user clicks on the More Pages button at the bottom of the page and another schedule page is appended to the form. (6) The pages are reordered by schedule type when the LOCK/ UNLOCK button is selected or when the electronic signature is applied. The number of pages is entered automatically. (7) The Form E must not be confused with an attachment to a general instrument that contains the terms of the instrument. Attached terms are labelled TERMS OF INSTRUMENT and are attached immediately after any schedule. Version

105 (8) A schedule attached to a Form 17, a plan application or a Strata Property Act Filing is similar to but not identified as a Form E. Schedules to Form 17 or to a Strata Property Act Filing are followed immediately by supporting documents, if any. (9) A number or letter designation, such as Schedule A or Schedule 1, is not assigned to different pages or parts of the Form E. These designations are not necessary. (10) Special covenants, such as those of a guarantor, that do not correspond to an Item of the transfer or other electronic form may be set out at the end of the schedule and labelled accordingly. (11) The phrase END OF DOCUMENT is not required on an electronic form. Schedules Without Predefined Fields (12) Form B (Items 10 and 11) and Form C (Item 7) use Form E Schedules that do not have predefined fields. These schedules may be created with a word processor and added to the Form B or C using the Adobe insert page command. These schedules must be labelled Form E. For detailed instructions on inserting pages, see the Land Title Electronic Filing System (EFS) User s Guide at Version

106 2.7. Form E Fielded Schedule Version

107 General Instructions Form E Fielded Schedule (1) Form E Fielded Schedule is appended automatically to electronic Forms A and B when the user clicks on Use Schedule in the transferee, borrower or lender fields. (2) Field blocks the schedule allows a maximum of four field blocks and each field block can contain one corporation or up to four individuals with the same address. (3) Ownership group any individual, corporation or a combination of individual(s) and corporation(s) who hold an interest independently or together with others. (4) Add more owners and add more borrowers the yellow Add More Owners button enables another field block. It allows the user to enter more transferees, lenders or borrowers to the same ownership group or enter different addresses to the same group. For example, there may be four individuals at different addresses who own the same interest. Examples of when to add a new field block to the same ownership group: multiple owners or borrowers share the same interest, but have different addresses more than four owners or borrowers share the same interest and reside at the same address multiple owners or borrowers consist of a mix of individuals and corporations. (5) Add fractional interest the yellow Add Fractional Interest button adds another ownership group. It enables a fractional interest field where a specific interest for each group can be defined. (6) If more room for text is required, click on Use Free Schedule. The Form E Fielded Schedule will be removed and a blank Form E (Free Text) Schedule will be attached. Form Fields Enter the following data by pressing the Tab key to move from one field to the next: Line 1 Transferee #1 name field(s): For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). Line 2 Transferee #2 name field: For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). Line 3 Transferee #3 name field: For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). Line 4 Transferee #4 name field: For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). Version

108 For corporations: If the transferee is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the transferee #1 name field and its incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. Only one corporate owner may be added to a field block. If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the corporate transferee s street address. Line 5 Transferee street address field: enter the street address. Line 6 City field: enter the name of the city. Line 7 Province field: update the province or state and country field, if necessary. Line 8 Postal code field: enter the postal code, or the zip code for out-of-canada addresses. Completion Instructions (1) The fields for province or state, country, and incorporation type (for corporations) are preentered but can be edited by clicking on them with the mouse. (2) (3) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number or general delivery designation as required by Canada Post. In all cases, the postal address within Canada must include a postal code. The transferees names must be set out in capital letters. Names must not be underlined or highlighted. Individual Transferee (4) Individuals names and occupations must be entered in the following format with the items separated by semicolons. GIVEN NAMES; FAMILY NAME; OCCUPATION Failure to use semicolons indicates the transferee is a corporation. Note that when the electronic form is printed, commas replace the semicolons between the name and occupation, and the yellow click boxes do not appear. In addition, blank transferee name lines are removed when the document is signed digitally. (5) If there are two to four individual transferees at the same address, enter the names in the field below the first in the same format. Do not use connecting words such as and. If the transferees are joint tenants, click on Joint Tenants?. Answer yes in the pop-up dialog box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To change the selection, click on Joint Tenants? The software will ask that the selection be confirmed again. Version

109 EXAMPLE FIELD BLOCK WITH FOUR INDIVIDUALS AT THE SAME ADDRESS AS JOINT TENANTS Version

110 EXAMPLE FOUR INDIVIDUALS IN THE SAME OWNERSHIP GROUP WITH DIFFERENT ADDRESSES AS JOINT TENANTS (6) Up to four transferees who use the same address may be entered in a single field block. If there is more than one address, a second field block must be added (click on Add More Owners). (7) Up to four field blocks may be added to accommodate up to 16 individual owners at up to four addresses. The Form E Fielded Schedule also accommodates up to four corporate owners. A Form E (Free Text) Schedule may be used only where the Form E Fielded Schedule does not accommodate the number of transferees. (8) If more room for text is required, enter the transferee information on the Form E (Free Text) Schedule (click on Use Free Schedule). The Form E Fielded Schedule will be removed and a free text schedule will be added. Version

111 (9) If the transferee is to hold the interest in trust, reference to the trust instrument must be included after the name of the transferee. Individual and Corporate Transferees If there is one individual and one corporation, enter this information on the Form E Fielded Schedule in different field blocks. A corporation and an individual cannot be combined in the same field block. The Form E Fielded Schedule accommodates up to four field blocks. If there is one individual and one corporation, enter this information on the Form E Fielded Schedule in different field blocks. A corporation and an individual cannot be combined in the same field block. The Form E Fielded Schedule accommodates up to four field blocks. Corporate Transferees (1) The Form E Fielded Schedule supports a maximum of four corporate owners with one owner per field block. (2) If the transferee is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the transferee name field and its incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. (3) No proof of incorporation is required for corporations incorporated in British Columbia or federally. For all corporations incorporated in other jurisdictions, proof of incorporation must be attached to an electronic Declaration and submitted following the Form A. (4) If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the corporate transferee s street address. (5) If the transferee is to hold the interest in trust, reference to the trust instrument must be included after the name of the transferee. Example Corporate Owners as Tenants in Common Version

112 (6) Additional information, such as references to branch offices or other descriptive information, must not be included in the name field. This information may be included in the street address field, as long as the street address still fits. (7) If there are more than four corporations, enter all information on a Form E (Free Text) Schedule (click on Use Free Schedule). Fractional Interest (1) Where transferees are taking unequal fractional interests, this information must be entered on the fielded schedule. (2) Do not use decimal fractions or percentages. For example, a 1/3 interest must not be expressed as 33% or.333. (3) Complete the first ownership group and then click Add Fractional Interest. A fractional interest field appears together with a new field block. Enter the numerator and denominator for the first ownership group. Then tab forward and complete the fields for the next ownership group. Example Two Ownership Groups with Fractional Interest Form E Schedule For Parcel Identifier and Legal Description of Land Use 30 Parcel Schedule This version of Form E or additional parcels Schedule is appended automatically to electronic Forms A, B, or C when the user clicks on Use 30 Parcel Schedule under the Item Parcel Version

113 Identifier and Legal Description of Land in those forms. Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text and PID numbers. If more room for text is required in Form E, the user clicks on Additional 30 Parcel Schedule. Version

114 Form Fields Line 1 Pick up STC field: select the STC box only if requesting a STC for all parcels entered in the 30 parcel Schedule. Line 2 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the Related Plan Number field. The related plan must be in the same package or have a pending status when the Form A is filed electronically. When describing common property, enter the strata plan number in the Related Plan Number field. The application numbers will be noted against all of the titles in the strata plan. Note that, in limited circumstances, where Form A is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., a Crown Grant followed by a Form A Transfer). Line 3 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Completion Instructions (1) In the Use 30 Parcel Schedule, if the plan is pending or is part of the same document package, select NO PID NMBR and complete the Related Plan Number field. All legal descriptions contained on the schedule must relate to the same plan number. When text for the legal description is entered, the words NO PID NMBR will appear automatically in the PID number field. (2) The pages are reordered by schedule type when the LOCK/ UNLOCK button is selected or when the electronic signature is applied. The number of pages is entered automatically. (3) Pick up STC? is disabled when NO PID NMBR is selected. (4) Once the schedule is selected, the legal description of land field cannot be changed and the schedule must be completed or a new form started. (5) If additional pages are required, the user clicks on the button at the bottom of the page and another schedule page is appended to the form. (6) The phrase END OF DOCUMENT is not required on an electronic form. Version

115 EXAMPLE: CHARGE ON COMMON PROPERTY OF STRATA PLAN USING 30 PARCEL SCHEDULE Note that the charge in this example will be marked as pending against all of the titles to the strata lots in the strata plan. (7) Two Use 30 Parcel Schedules must be used if there are some legal descriptions with PID numbers and some without. Click on Use 30 Parcel Schedule and set out the legal descriptions for parcels with PID numbers. Then click on Additional 30 Parcel Schedule and set out the legal descriptions for parcels without PID numbers. EXAMPLE: USE 30 PARCEL SCHEDULE WITH NO PID NUMBERS The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted by the PID number of the registered title included in the related plan application. Users receive a warning when a form is submitted without a PID number or related plan number unless the form is accompanied by the Form 17 application in the same package. Charges Against the Common Property of Strata Plan (8) An electronic document with NO PID NMBR selected must be submitted while the plan number is still in the pending status except for charges against the common property of a strata plan. (9) If a charge is to be noted against the common property of a strata plan, a Strata Property Act Filing with NO PID NMBR selected does not need to be submitted while the plan number is still in the pending status. Applications Where There Is No PID Number and No Related Plan Number (10) No PID number or related plan number is required if the schedule relates to an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple or Form C Charge with one of the following Natures of Interest. Version

116 Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE Form 17 Fee Simple TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, s. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES Form C Charge VANCOUVER STREET LEASE Version

117 Form E Schedule For Parcel Identifier and Legal Description of Land Use 3 Parcel Schedule This version of the Form E or Use 3 Parcel Schedule is appended automatically to electronic forms when the user clicks on Use 3 Parcel Schedule under the Item Parcel Identifier and Legal Description of Land in those forms. Use 3 Parcel Schedule has three fields for lengthy legal descriptions and PID numbers. If legal descriptions need to be added, the user clicks on Additional 3 Parcel Schedule or Additional 30 Parcel Schedule, as required. Schedules attached to electronic forms, other than Forms A, B, and C, do not use Form E. Version

118 Form Fields Line 1 Pick up STC field: select the STC box only if you are requesting a STC for all parcels entered in the 30 parcel Schedule. Line 2 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the Form A is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted against all of the titles in the strata plan. Note that, in limited circumstances, where the Form A is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., a Crown Grant followed by a Form A Transfer). Line 3 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Completion Instructions (1) The pages are reordered by schedule type when the LOCK/ UNLOCK button is selected or when the electronic signature is applied. The number of pages is entered automatically. (2) Pick up STC? is disabled when NO PID NMBR is selected. (3) Once the schedule is selected, the legal description of land field cannot be changed and the schedule must be completed or a new form started. (4) If additional pages are required, the user clicks on the button at the bottom of the page and another schedule page is appended to the form. (5) The phrase END OF DOCUMENT is not required on an electronic form. Use 3 Parcel Schedule (6) In the Use 3 Parcel Schedule, a combination of parcels with no PID numbers and existing PID numbers may be used. The legal descriptions in the schedule may relate to the same or a different pending plan number. (7) For parcels with PID numbers, enter the legal description and the nine-digit number in the format (8) If the plan is pending or is part of the same document package, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the form is filed. (9) Unlike other schedules when NO PID NMBR is selected, the schedule can be changed by clicking on NO PID NMBR a second time and entering a PID number. Version

119 EXAMPLE: USE 3 PARCEL SCHEDULE FOR PARCELS WITH AND WITHOUT PID NUMBERS (10) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted by the PID number of the registered title included in the related plan application. Users receive a warning when a form is submitted without a PID number or related plan number unless the form is accompanied by the Form 17 application in the same package. EXAMPLE: SCHEDULE WITH NO PID NUMBER OR RELATED PLAN NUMBER Version

120 Applications Where There Is No PID Number and No Related Plan Number (11) No PID number or related plan number is required if the schedule relates to an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple or Form C Charge with one of the following Natures of Interest. Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE Form 17 Fee Simple TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, s. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES Form C Charge VANCOUVER STREET LEASE Charges Against the Common Property of Strata Plan (12) An electronic document with NO PID NMBR selected must be submitted while the plan number is still in the pending status except for charges against the common property of a strata plan. (13) If a charge is to be noted against the common property of a strata plan, a Strata Property Act Filing with NO PID NMBR selected does not need to be submitted while the plan number is still in the pending status. EXAMPLE: USE 3 PARCEL SCHEDULE FOR CHARGE AGAINST COMMON PROPERTY OF STRATA PLAN Version

121 (14) If an application with NO PID NMBR is related to a pending strata plan or a strata plan in the same package, the schedule is noted as pending against any titles with the PID number contained in the related pending strata plan application. (15) If the related strata plan has been completed and is filed in the land title office, the application is noted as pending against all the registered titles in the filed strata plan. Version

122 Nature of Interest Schedule This version of the Form E or Nature of Interest Schedule is appended automatically to the electronic Form when the user clicks on Use Schedule under the Item Nature of Interest in those forms. The user clicks on More Pages when more room for Nature of Interest is required. Although not identified as a Form E, a schedule similar to the one reproduced here is also appended to the electronic Form 17 Charge, Notation or Filing or the electronic Form 17 Cancellation of a Charge, Notation or Filing. Version

123 Form Fields Line 1 Nature of interest field: select the first appropriate nature of transaction from the drop down menu. Line 1 Charge no. field: where present and applicable, enter the charge number affected if the document is intended to assign, modify, postpone, or release a charge. Line 1 Additional information field: if required, enter a description of the charge or release. Complete the following sets of lines in the same manner. Completion Instructions (1) Multiple items must be entered in the order in which they are to appear on the title. (2) Up to 3 to 6 additional charges or releases can be entered depending on the schedule available in the electronic form. (3) If additional pages are required, the user clicks on the button More Pages at the bottom of the page and another schedule page is appended to the form. (4) The pages are reordered by schedule type when the LOCK/ UNLOCK button is selected or when the electronic signature is applied. The number of pages is entered automatically. (5) The phrase END OF DOCUMENT is not required on an electronic form. Version

124 2.8. Declaration Version

125 General Instructions - Declaration An electronic Declaration is used only in electronic filing and only in support of an electronic document. The declaration is appended automatically at the end of the document it supports. For further information on submitting declarations, see the Land Title Electronic Filing System (EFS) User s Guide at A declaration provides a description of each document required to support an application for registration and any additional information required under ss and of the Land Title Act. For example, a declaration is used to describe details of the supporting documents listed in the Approved Supporting Documents for Electronic Forms at Supporting Documents for Electronic Forms.pdf. From time to time, the director may authorize additional supporting documents. Lock and Unlock Clicking on the LOCK button at the top of the page locks or freezes the data in the form and enters a unique identifier. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier. The purpose of this feature is to help lawyers and notaries confirm that a form has not been changed since it was locked. For example, a purchaser s lawyer may send a partially completed declaration to another lawyer for review. After getting it back, the lawyer can check the unique identifier. If the unique identifier is the same as the identifier on the version sent out, then no changes have been made to the locked fields. Electronic Signature Once the electronic form is completed, a hardcopy (the true copy defined in Part 10.1 of the Land Title Act) must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of the witnessing officer must be entered before the electronic signature is affixed. A British Columbia lawyer, notary, land surveyor or other authorized subscriber must affix their electronic signature before the form is submitted electronically. If the declaration provides details of a supporting document under s of the Land Title Act, the electronic signature certifies that the subscriber has the original supporting document in his or her possession. If the declaration provides additional information to the registrar, the electronic signature certifies that, based on the subscriber s personal information or reasonable belief, the material facts set out in the declaration are correct. To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way. An unsigned copy of the form should be saved before the electronic signature is affixed. For further information on filing declarations, see the Land Title Electronic Filing System (EFS) User s Guide at Version

126 Form Fields Line 1 Related document number field: enter the related document application number only when the related documents have already been submitted and have received numbers. Line 2 Declaratory information field: enter the following information as applicable: a. If a declaration is submitted to describe a Form F, Certificate of Payment, under the Strata Property Act, click on Form F Statement. A description of the Form F appears automatically. A Form F may only be described on the declaration and an image of the Form F attached to a declaration is not acceptable. b. If a declaration is submitted to describe a supporting document other than a Form F, include the complete text of the supporting document in the declaration. The declaration should include the names of the parties who signed the supporting document. c. If a declaration is submitted to provide additional information to the registrar (e.g., to describe a typographical error in the address and to request that the registrar use the correct address), the declaration must state whether the information is based on personal information or reasonable belief and cite the name of the person making the statement. The declaration must be printed and signed by the individual making the statement. d. If the declaration is not made by the lawyer, notary, or land surveyor who prepared the original document, but is made by an owner or conveyancer acting on personal knowledge and belief, the owner or conveyancer must be identified. e. Where applicable, the declaration should state that a true copy or a copy of the true copy of the supporting document has been initialed by all of the parties. f. By attaching an image of a supporting document to the declaration and applying their electronic signature to the declaration, the subscriber certifies that, as applicable, the original or a true copy of the supporting document is in his or her possession. Completion Instructions (1) If the declaration is completed prior to submitting the electronic document, the declaration is included with the submission (e.g.,to attach a trust agreement). Version

127 EXAMPLE: DECLARATION FOR A TRUST AGREEMENT (2) If the declaration is created after submitting the electronic document, the declaration is filed by adding the pending number in the related document number field and using the Corrective Declaration process. If the pending electronic document has been assigned to a land title examiner, an electronic Declaration cannot be submitted until a refusal notice has been issued. Version

128 EXAMPLE: CORRECTIVE DECLARATION (3) A declaration cannot be used to withdraw a document that is pending. A request for a complete withdrawal of an application is made by submitting a request electronically through the customer portal. Withdrawals submitted electronically are immediately associated to the related application and assigned to the next available examiner. (4) If more space is required for the declaration, click on More Pages. A continuation page will be appended to the declaration. (5) A declaration is appended to the end of the document it supports. Electronic Signature Once the electronic form is completed and the image of the original supporting document is attached, a British Columbia lawyer, notary, land surveyor or other authorized subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in their possession a signed true copy (the true copy defined in Part 10.1 of the Land Title Act). If the electronic signature is applied Version

129 to provide details of a supporting document under s of the Land Title Act, the electronic signature certifies that the subscriber has the supporting document in their possession and that the material facts are set out in the imaged copy attached to the declaration. EXAMPLE: DECLARATION Version

130 2.9. Form 17 General Instructions Form 17 Fee Simple Version

131 Form 17 Charge, Notation or Filing Version

132 Form 17 Cancellation of Charge, Notation or Filing Version

133 General Instructions Form 17 There are three electronic versions of Form 17: Form 17 Fee Simple; Form 17 Charge, Notation or Filing; and Form 17 Cancellation of Charge, Notation or Filing. Note: If the incorrect Form 17 is used, you may receive a notice declining to register and your application may not be registrable. (1) The Form 17 Fee Simple is the form of application used to transfer a fee simple where the transfer also creates, excepts, or reserves an interest in land in favour of the transferor and that interest is capable of registration under the Land Title Act. (2) The Form 17 Charge, Notation or Filing is the form of application used to register or create a charge, (e.g., an easement), where the application also creates, excepts, or reserves an interest in land in favour of the transferor and that interest is capable of registration under the Land Title Act. (3) The Form 17 Cancellation of Charge, Notation or Filing is the form of application used to cancel a charge, notation or filing. (4) Every Item in Form 17 must be completed in accordance with these Completion Instructions and the Director s Requirements. For Items common to each of the three forms, for example, Items 1 and 2, the instructions and Director s Requirements for the Form 17 Fee Simple apply. For Items unique to a specific form, specific instructions and Completion Instructions are provided. (5) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. (6) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules (e.g., an image of a supporting document), page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. (7) The phrase END OF DOCUMENT is not required on an electronic form. (8) Documents in support of an electronic Form 17 must be approved by the director for electronic filing. See the Form 17 Help Guide at Guide.pdf, accessed by clicking on the Help Guide button at the top of the Form 17. (9) A supporting document is prepared, signed, scanned, and attached as an image to a Form 17. Supporting documents are prepared in the same manner as documents filed in hardcopy format. Users are reminded to check relevant legislation to see if specific evidence is required for a particular type of application. Once a document is signed in the original, or the appropriate court orders or certificates have been obtained, the entire hardcopy document is scanned and saved. The page or pages are then attached to a completed Form 17 and submitted to the land title office. For instructions on attaching and scanning supporting documents see Electronic Filing System (EFS) Scanning Requirements at Version

134 requirements and for Property Transfer Tax Act forms, see the instructions at Lock and Unlock Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields except for items in the application section, the execution section, and the Pick up STC? check box, which can be edited to add pickup instructions and enters a unique identifier to the right of the LOCK button. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier. The purpose of this feature is to help lawyers and notaries to confirm that a form has not been changed since it was locked. For example, a purchaser s lawyer may send a partially completed form to another lawyer for review. After getting it back, the lawyer can check the unique identifier. If the unique identifier is the same as the identifier on the version sent out, then no changes have been made to the locked fields. Locking does not prevent pages being added to or deleted from the document (e.g., attaching an image of a supporting document). Electronic Signature Once the electronic form is completed and the image of the supporting document is attached, a British Columbia lawyer or notary who is an authorized subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature is applied to provide details of a supporting document under ss , , and (4) of the Land Title Act. The electronic signature certifies that the subscriber has the supporting document in their possession and that the material facts are set out in the imaged copy attached to the Form 17. EXAMPLE: CERTIFICATION STATEMENT To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way. An unsigned copy of the form should be saved before the electronic signature is affixed. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at Version

135 2.10. Form 17 Fee Simple Version

136 General Instructions Form 17 Fee Simple See the General Instructions for Form 17 above. Item 1 Application Form Fields Line 1 Applicant name field: enter the name of applicant or applicant s solicitor or agent and where applicable the name of the corporation on whose behalf the individual, solicitor or agent is acting. Line 2 Applicant address line 1: enter the street address. This field may also be used to continue the description of the applicant from the applicant name field, if necessary. Line 3 Applicant address line 2: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information (e.g., merge RP CA4000 or Subject to CPL CA4010 ). Completion Instructions (1) Where the city, province, and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. (2) No written signature is required on the electronic form. (3) If the transferee is exempt from land title office fees, deselect the Deduct LTSA Fees? check box. The application must be made on behalf of a Ministry (name the Ministry) and the Ministry file must be referenced in the additional information field. EXAMPLE: ITEM 1 APPLICANT COMPLETION EXAMPLE: ITEM 1 APPLICANT COMPLETION BY ALTERNATE Version

137 (4) Election to proceed subject to a certificate of pending litigation or caveat. a. If, at the time the application is submitted, it is intended to register the applicant s title subject to a certificate of pending litigation under s. 216(2)(a) or a caveat under s. 288(2) of the Land Title Act, the appropriate written statement may be made in the additional information field in Item 1, or in an electronic Declaration. b. The land title office will not examine subject to provisions or verify them against the state of the title unless the subject to provision pertains to certificates of pending litigation or a caveat. EXAMPLE: APPLICATION SUBJECT TO CERTIFICATE OF PENDING LITIGATION c. Alternatively, enter the election and authorization information under s. 216(2)(b) of the Land Title Act in an electronic Declaration or attach an image of the information to the declaration. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and see the Land Title Electronic Filing System (EFS) User s Guide at (5) Note that text in the additional information field is designed to shrink the font size to accommodate four lines of text, but is not intended to accommodate overly lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select a schedule to accommodate the situation. Entering more than four lines of text in the additional information field may shrink the text beyond legibility and may result in a refusal notice from the examiner. Import Profile (6) Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Version

138 Item 2(a) Parcel Identifier and Legal Description of Land Form Fields Line 1 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the Form 17 is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted against all of the titles in the strata plan. Note that, in limited circumstances, where the Form 17 is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., a Crown Grant followed by a Form 17). Line 2 Fractional interest field: if less than the entire interest is being transferred, enter the fractional interest being transferred in the separate field above the Legal Description of Land. Line 3 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Line 4 STC field: a state of title certificate (STC) can be requested by selecting the STC? YES. If you wish to have the STC picked up at a land title office, click on Pick up STC?. Otherwise, the STC will be mailed out to the address shown in Item 1. Completion Instructions (1) Multiple parcels may be included on one electronic Form 17. Use No PID NMBR (2) If a PID number has not been assigned to the parcel, select NO PID NMBR. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the Form 17 is filed electronically. EXAMPLE: NO PID NUMBER WITH RELATED PLAN NUMBER (3) Neither a PID number nor related plan number is required if the application is a transfer of an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest: Version

139 Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE Form 17 Fee Simple TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, S. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES EXAMPLE: APPLICATION FOR TITLE TO UNREGISTERED LAND WITH NO PID NUMBER OR RELATED PLAN NUMBER (4) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted against the PID number of the registered titles affected by the related plan application. (5) When NO PID NMBR is selected and the related plan number field is not completed, the application cannot be noted against any registered titles. This option may only be used when the title and parcel have not yet been registered, (e.g., Crown Grants). Users receive the following warning message when a Form 17 is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package: The document does not reference a PID number. If a PID number with a registered title exists for the land described in {#} {Filename} or for land in a related application which forms part of this package, your application may be subject to a refusal notice requiring a material change. (6) If a registered title exists, but the user fails to include a PID number or related plan number, then a refusal notice will be issued requiring that the Form 17 be withdrawn. Fractional Interests (7) If less than the entire interest is being transferred, enter the fractional interest being transferred in the separate field above the Legal Description of Land. Version

140 EXAMPLE: FRACTIONAL INTEREST (8) The fraction must be a fraction of the whole interest being transferred, as follows: a. if the owner owns an undivided 1/2 interest and that full 1/2 interest is transferred, enter an undivided 1/2 interest, as in the above example; b. if the owner owns an undivided 1/2 interest and is transferring only 1/2 of that interest, enter an undivided 1/4 interest ; c. if an owner, together with three others, owns an undivided 1/2 interest and that owner is transferring 1/2 of his or her interest, enter an undivided 1/16 interest. (9) To determine the fraction being transferred, the simple test is: what fraction of the whole is being transferred? (10) Do not use decimal fractions. For example, a 1/3 interest must not be expressed as 33.33% or.333. Legal Description (11) The legal description consists of everything shown below the PID number in the Description of Land segment of a title. (12) Preambles such as All and singular that certain parcel in the legal description must not be included. Similarly, reference to a strata lot owner s share in the common property must not be included. Statements such as That part of Lot 4 shown on may be used, if required. (13) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable: Rge = Range Tp = Township N = North W = West Bl = Block Dist = District S = South E = East Gp = Group Sec = Section DL = District Lot Version

141 LD = Legal Subdivision W6M = West of the Sixth Meridian Frac = Fractional THSL = Town of Hastings Suburban Lands KDYD = Kamloops Division, Yale District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District TID = Texada Island District YDYD = Yale Division, Yale District NWD = New Westminster District (14) It is not acceptable to include reference to a water, assessment, or improvement district or legal notations such as hereunto annexed is Easement No.. (15) Any qualifications or exceptions under s. 186(2) of the Land Title Act may be set out in Item 2(a) below the legal description. EXAMPLE: QUALIFICATION OR EXCEPTION (16) The legal description must be recorded entirely within Item 2(a), legal description of land field, and must not continue onto a schedule. The legal description must be entered opposite the PID number field of the parcel it describes. Use 3 or 30 Parcel Schedules (17) If there is more than one legal description or if space is not sufficient in Item 2(a) for the complete legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the legal description of land field cannot be changed and the schedule must be completed or a new form started. (18) Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text. Use 3 Parcel Schedule has three fields for lengthy legal descriptions. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at Version

142 EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 2(a) State of Title Certificate (STC) (1) When a state of title certificate (STC) is requested by selecting the STC? YES check box and the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. If this option is not selected, the STC will be sent to the address shown in the Item 1 application section. (2) Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number. Item 2(b) Market Value Form Field Market value field: if the market value is required, enter the amount in figures. EXAMPLE: MARKET VALUE EXPRESSED IN FIGURES Completion Instructions (1) If the market value is not required, Item 2(b) may be left blank or you may enter a $0.00 figure. Item 3 Nature of Interest Form Field Nature of interest field: select the type of transaction from the Nature of Interest drop down menu. Interests that are not listed in the drop down menu cannot be submitted electronically. Version

143 EXAMPLE: NATURE OF INTEREST IN ITEM 3 Completion Instructions (1) In addition to using the additional information field in Item 1, you may use the additional information field in Item 3 to enter any other required information (e.g., enter merge charges and list the specific charges to be merged). Item 4 Person Entitled to be Registered AS OWNER Form Fields Line 1 Registered owner #1 name field: For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). For corporations: if the registered owner is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the registered owner name field and its incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. Line 2 Registered owner #2 name field: For individuals: name of the second individual, if any, and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). See below under Completion Instructions if a second registered owner is a corporation or further information on joint tenancy is needed. Line 3 Address line field: enter the street address. Line 4 City field: enter the name of the city. Line 5 Province field: update the province or state and country field, if necessary. Line 6 Postal code field: enter the postal code, or the zip code for out-of-canada addresses. Completion Instructions (1) The fields for province or state, country, and incorporation type, for corporations, are preentered but can be edited by clicking on them with the mouse. Version

144 (2) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code. (3) The transferees names must be set out in capital letters. Names must not be underlined or highlighted. Individual Registered Owners (4) Individuals names and occupations must be entered in the following format with the items separated by semicolons. GIVEN NAME; LAST NAME; OCCUPATION Failure to use semicolons indicates the owner is a corporation. EXAMPLE: INDIVIDUAL OWNER(S) SEPARATED BY SEMICOLONS Note that when the electronic form is printed, commas replace the semicolons between the name and occupation, and the yellow click boxes do not appear. (5) If there are two individual owners, enter the second name in the field below the first in the same format. Do not use connecting words such as and. If the owners are joint tenants, click on Joint Tenants? Answer yes in the pop-up dialogue box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To change the selection, click on Joint Tenants? The software will ask that the selection be confirmed again. EXAMPLE: TWO INDIVIDUAL OWNERS AS JOINT TENANTS (6) Two owners who use the same address must be entered in Item 4. If there is more than one address, a schedule is required (click on Use Schedule). (7) If the registered owner is to hold the interest in trust, reference to the trust instrument must be included after the name of the registered owner. Version

145 EXAMPLE OWNER IN TRUST EXAMPLE PERSONAL REPRESENTATIVE IN TRUST (8) A schedule must be used where there are more than two individual owners or where there is one corporate owner and at least one other owner, whether an individual or a corporation. (9) If a schedule is required for Item 4, enter the registered owner information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information in the schedule. Do not set out some information in Item 4 and some in the schedule. Once Use Schedule is selected, the registered owner fields cannot be changed and the schedule must be completed or a new form started. Individual and Corporate Registered Owners (10) If there is one individual and one corporation, enter this information on a schedule (click on Use Schedule). Version

146 EXAMPLE: USE SCHEDULE FOR ONE INDIVIDUAL AND ONE CORPORATE REGISTERED OWNER Corporate Registered Owners (11) If the corporation is neither incorporated or registered in British Columbia nor incorporated federally, enter the corporation s name and attach proof of its incorporation on an electronic Declaration. (12) If the registered owner is to hold the interest in trust, reference to the trust instrument must be included after the name of the registered owner. EXAMPLE: CORPORATE OWNER IN TRUST (13) Additional information, such as references to branch offices or further descriptive information must not be included in the name field. This information may be included in the street address field, as long as the street address still fits. (14) If there is more than one corporation, enter this information on a schedule (click on Use Schedule). Version

147 EXAMPLE: SCHEDULE SHOWING MORE THAN ONE CORPORATE REGISTERED OWNER (15) In the case of a corporate registered owner that has branch offices, a branch office address for service may be included in the address field as the address of the transferee. (16) If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the corporate owner s street address. (17) No proof of incorporation is required for corporations incorporated in British Columbia or federally. For all corporations incorporated in other jurisdictions, proof of incorporation must be attached to an electronic Declaration and submitted following the Form 17. (18) Members of the Authorized Subscriber Register are restricted to electronically signing applications where the organizations they represent are the transferor or transferee of the application. If the Form 17 Fee Simple is to be electronically signed by a Member of the Authorized Subscriber Register with this requirement, then the name of the transferee/owner must appear on the Form 17 Fee Simple and not in a schedule, as the system must verify the name in the form is the same as it appears in the Authorized Subscriber register. If the organization the Member represents wish to include a further description of the organization that will not fit within the transferee field, e.g. reference to a ministry or a division of the organization, the additional information may need to be abbreviated and may be included within the first address field or included within the attached supporting document. EXAMPLE: AUTHORIZED SUBSCRIBER S NAME OF ORGANIZATION FOR TRANSFEREE Version

148 Fractional Interests (19) Where registered owners are taking unequal fractional interests, this information must be shown immediately after the owners names. This requirement does not apply where registered owners are taking either as joint tenants or tenants in common in equal shares. Where transferees take in unequal shares, their respective interests must be shown as fractions of the interest being transferred and not as fractions of the whole land. For example, if Item 2(a) refers to an undivided 1/2 interest and it is intended to apportion that interest among three registered owners in unequal shares, the fractional shares shown in Item 4 must total 1. If one of the registered owners is to take 1/2 of the undivided 1/2 interest and the other two registered owners are to take 1/4 each, Item 4 would be completed as shown in the following example. As there are more than two individual registered owners in this example, the information is entered on a schedule (click on Use Schedule). EXAMPLE: SCHEDULE SHOWING UNEQUAL FRACTIONAL INTERESTS (20) To determine the fraction being transferred, the simple test is: what fraction of the whole is being transferred? (21) Do not use decimal fractions. For example, a 1/3 interest must not be expressed as 33.33% or.333. (22) If a schedule is required for Item 4, enter the registered owner information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out in the schedule the names, occupations, addresses, and postal codes of all the transferees, and where applicable, the incorporation numbers. Do not set out some information in Item 4 and some in the schedule. EXAMPLE: SEE SCHEDULE SELECTED IN ITEM 4 Version

149 EXAMPLE: TWO CORPORATIONS LISTED ON A SCHEDULE Version

150 2.11. Form 17 Charge, Notation or Filing Version

151 General Instructions Form 17 Charge, Notation or Filing See the General Instructions for Form 17 above. Item 1 Application See Item 1, Application, under Form 17 Fee Simple Item 2 Parcel Identifier and Legal Description of Land See Item 2(a), Parcel Identifier and Legal Description of Land, under Form 17 Fee Simple Item 3 Nature of Interest Form Fields Line 1 First charge no. field: enter the charge number affected where the general instrument is intended to assign, modify, postpone a charge, notation or filing. Line 2 First nature of charge, notation or filing field: select the type of transaction from the drop down menu. Transactions that are not listed in the drop down menu cannot be submitted electronically. EXAMPLE: NATURE OF CHARGE OR NOTATION IN ITEM 3 Line 3 First additional information field: enter a description of the charge, release or notation if required. Line 4 Second charge no. field: enter the second charge number affected where the general instrument is intended to assign, modify, postpone, or release a charge, notation or filing. Line 5 Second nature of charge, notation or filing field: select the second appropriate nature of transaction, if any, from the drop down menu. Line 6 Second additional information field: enter a description of the second charge, notation or release if required. Completion Instructions (1) For each charge or notation, enter the following information: a. Charge or notation number (mandatory if the charge is a modification, extension or transfer of charge); Version

152 b. Nature of charge or notation (use the drop down menu); c. Additional information, if required. (2) Use the additional information field in Item 3 to enter any other required information (e.g., enter merge charges and list the specific charges to be merged). EXAMPLE: ADDITIONAL INFORMATION ENTERED IN ITEM 3 (3) Multiple items must be entered in the order in which they appear on the title. (4) Generally, up to two charges in a single attached supporting document can be entered in Item 3. If there are more than two charges, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the nature of charge or notation field cannot be changed and the schedule must be completed or a new form started. Note that the schedule for Item 3 has the same fields as the Form E Schedule. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at (5) The selection of particular types of Natures of Interest will automatically disable the PID number and legal description and automatically enter Not Applicable in Item 2. For example, selecting Power of Attorney disables Item 2. (6) In some circumstances, each transaction requires a separate Form 17. For example, only one Power of Attorney may be attached to a Form 17. A second selection is locked out automatically and all other Nature of Interest schedules are deleted when the electronic signature is applied. Item 4 Person Entitled to be Registered as Charge Owner See Item 4, Person Entitled to be Registered as Owner, under Form 17 Fee Simple Note: If the application is a Certificate of Pending Litigation or Caveat, confirm the correct charge owner name is identified in item 4. Version

153 2.12. Form 17 Cancellation of Charge, Notation or Filing Version

154 General Instructions Form 17 Cancellation of Charge, Notation or Filing See the General Instructions for Form 17 above. Item 1 Application See Item 1, Application, under Form 17 Fee Simple. Item 2 Parcel Identifier and Legal Description of Land See Item 2(a), Parcel Identifier and Legal Description of Land, under Form 17 Fee Simple. Completion Instructions (1) In addition to using additional number field in Item 1 you may use the additional information field in Item 3 to enter any other required information (e.g., enter merge charges and list the specific charges to be merged or otherwise describe the nature of interest to be released). Item 3 Nature of Interest Form Fields Line 1 First charge no. field: enter the charge number that is intended to be cancelled. Line 2 First nature of charge, notation or filing cancelled field: select the type of transaction to be cancelled from the drop down menu. Transactions that are not listed in the drop down menu cannot be submitted electronically. EXAMPLE: NATURE OF CHARGE OR NOTATION IN ITEM 3 Line 3 First additional information field: enter a description of the charge, release or notation if required. Line 4 Second charge no. field: enter the second charge number affected that is intended to be cancelled. Line 5 Second nature of charge, notation or filing cancelled field: Select the second appropriate nature of transaction, if any, from the drop down menu. Line 6 Second additional information field: enter a description of the second charge, notation or release if required. Version

155 Completion Instructions (1) For the cancellation of each charge or notation, enter the following information: a. Charge or notation number; b. Nature of charge or notation (use the drop down menu); c. Additional information, if required. (2) Use the additional information field in Item 3 to enter any other required information. EXAMPLE: ADDITIONAL INFORMATION ENTERED IN ITEM 3 (3) Multiple items must be entered in the order in which they appear on the title. (4) Generally, up to two charges in a single attached supporting document can be entered in Item 3. If there are more than two charges, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the nature of charge or notation field cannot be changed and the schedule must be completed or a new form started. Note that the schedule for Item 3 has the same fields as the Form E Schedule. For further information on completing the schedule, see the Form E Nature of Interest Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at (5) In some circumstances, each transaction requires a separate Form 17. For example, only one Expropriation Act Cancellation (Provincial) may be attached to a Form 17. A second selection is locked out automatically and all other Nature of Interest schedules are deleted when the electronic signature is applied. Item 4 Person Entitled to Cancellation Form Field Person entitled to cancellation field: it is not necessary to list the names of the registered owner of the charge, notation or filing. The form defaults to Registered Owner(s). Version

156 2.13. Strata Property Act Filing Version

157 General Instructions Strata Property Act Filing (1) A Strata Property Act Filing is used to submit Strata Property Act forms to the land title office by electronic means. (2) Every Item in the Strata Property Act Filing must be completed in accordance with these completion instructions. (3) The Director has approved the Strata Property Act forms for electronic filing listed in the Approved Supporting Documents for Electronic Forms at Supporting Documents for Electronic Forms.pdf. (4) An approved Strata Property Act form is prepared, signed, scanned, and attached as an image to a Strata Property Act Filing. The forms are prepared in the same manner as documents filed in hardcopy format. Users are reminded to check the Strata Property Act and other relevant legislation to see if specific evidence is required for a particular type of application. Once a document is signed in the original, or the appropriate court orders or certificates have been obtained, the entire hardcopy document is scanned and saved. The page or pages are then attached to a completed Strata Property Act Filing and submitted to the land title office. For instructions on attaching and scanning supporting documents, see Electronic Filing System (EFS) Scanning Requirements at and for Property Transfer Tax Act forms, see the instructions at (5) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. (6) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules (e.g., an image of a document supporting in Form V), page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. (7) The phrase END OF DOCUMENT is not required on an electronic form. Lock and Unlock Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields except items in the application section which can be edited and enters a unique identifier. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier. The purpose of this feature is to help lawyers, notaries, and land surveyors keep track of changes to a form by providing a new number each time the form is locked. For example, a purchaser s lawyer may send a partially completed form to another lawyer for review. After getting it back, the lawyer can check the unique identifier to see that no further changes have been made to the locked form fields. If the unique identifier is the same identifier on the version sent out, then no changes have been made to these fields. Locking does not prevent pages being added to or deleted from the document (e.g., the insertion of an image of a supporting document). Version

158 Electronic Signature Once the electronic form is completed and the image of the supporting document is attached, a British Columbia lawyer or notary who is an authorized subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature is applied to provide details of a supporting document under s of the Land Title Act. The electronic signature certifies that the subscriber has the supporting document in their possession and that the material facts are set out in the imaged copy attached to the Strata Property Act Filing form. EXAMPLE CERTIFICATION STATEMENT: To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way. An unsigned copy of the form should be saved before the electronic signature is affixed. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at Item 1 Contact Information Form Fields Line 1 Contact name #1 field: enter the name of applicant or applicant s solicitor or agent. Line 2 Contact address line 1 field: enter the street address. This field may also be used to continue the description of the applicant from the contact name field, if necessary. Line 3 Contact address line 2 field: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information. Completion Instructions (1) Where the city, province and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. (2) No written signature is required on the electronic form. Version

159 (3) If the transferee is exempt from land title office fees, deselect the Deduct LTSA Fees? check box. The application must be made on behalf of a Ministry (name the Ministry) and the Ministry file must be referenced in the additional information field. Import Profile (4) Users who often enter the same information into the contact section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Item 2 Identification of Attached Strata Property Act Form or Other Supporting Document Form Fields Line 1 Identification of attached Strata Property Act Form field: select the type of Strata Property Act form or other supporting document type from the drop down menu. Forms that are not listed in the drop down menu cannot be submitted electronically. Line 2 LTO document reference field: enter the original filing number, where applicable. EXAMPLE: AMENDED FORM P Item 3 Parcel Identifier and Legal Description of Land Form Fields Line 1 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. Line 2 Legal description of land field: enter the legal description of the property or the name of the strata plan or strata corporation. Completion Instructions (1) Multiple parcels may be included on one electronic Strata Property Act Filing. Completion Instructions for Specific Resolutions and Forms Version

160 Special Resolution Designating Limited Common Property, Section 74, Strata Property Act (1) In Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. (2) Enter The Common Property Strata Plan in the legal description of land field. (3) Attach an image of the originally executed special resolution designating limited common property. EXAMPLE SPECIAL RESOLUTION DESIGNATING LIMITED COMMON PROPERTY, SECTION 74 Special Resolution Removing Designated Limited Common Property, Section 75, Strata Property Act (4) In Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. (5) Enter The Common Property Strata Plan in the legal description of land field. (6) Attach an image of the originally signed special resolution removing the designated limited common property. EXAMPLE: SPECIAL RESOLUTION REMOVING DESIGNATED LIMITED COMMON PROPERTY Resolution Changing Contribution Calculations under Section 100, Strata Property Act (7) In Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. Version

161 (8) Enter The Common Property Strata Plan in the legal description of land field. (9) Attach an image of the originally signed special resolution changing the contribution calculations and Certificate in the prescribed form. EXAMPLE:RESOLUTION CHANGING CONTRIBUTION CALCULATIONS, SECTION 100 Election Not to Proceed with Phased Strata Plan (10) In Item 2, the LTO document reference field, enter the legal notation number of the legal notation affected. (11) In Item 3, enter the 9-digit parcel identifier in the PID NMBR field. (12) Enter the legal description in the legal description of land field. Select Use 30 Parcel Schedule or Use 3 Parcel Schedule where there is more than one legal description. (13) Attach an image of the originally signed election not to proceed with phased strata plan. EXAMPLE: ELECTION NOT TO PROCEED WITH PHASED STRATA PLAN FORM D STRATA CORPORATION CHANGE OF MAILING ADDRESS (14) In Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. (15) (16) Enter The Owners Strata Plan in the legal description of land field. Attach an image of the completed and signed Form D. Version

162 EXAMPLE: FORM D CHANGE OF MAILING ADDRESS Form E Certificate of Strata Corporation In Item 3, from the document the Form E is intended to support: (17) Enter the PID number and the legal description; or (18) Select NO PID NMBR and enter the strata plan number in the related plan number field; (19) Enter The Owners Strata Plan in the legal description of land field. EXAMPLE: FORM E CERTIFICATE OF STRATA CORPORATION (20) Form E must be submitted in support of another electronic document in the same manner as an electronic Declaration. (21) The Strata Property Act Filing with the attached Form E will be appended to the electronic document it follows. (22) In response to a refusal notice from the land title office, Form E is attached to an electronic Declaration and submitted using the Corrective Declaration process. For information on filing declarations, see the Declaration Completion Instructions in this guide and the Land Title Electronic Filing System (EFS) User s Guide at Form I Amendment to Bylaws (23) Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. (24) Enter The Owners Strata Plan in the legal description of land field. Version

163 (25) Attach an image of the completed and signed Form I. (26) Where applicable, an image of Form E, prepared under s. 8 of the Strata Property Act, may be attached, selecting Form I Change of Bylaws as the Nature of Interest. EXAMPLE: FORM I AMENDMENT TO BYLAWS Form O Leasehold Strata Plan Schedules (27) In Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. (28) (29) Enter The Owners Strata Plan in the legal description of land field. Attach an image of the completed and signed Form O. EXAMPLE: FORM O LEASEHOLD STRATA PLAN SCHEDULES Form P Phased Strata Plan Declaration (30) In Item 3, complete the PID number and legal description of the parent parcel or select NO PID NMBR and enter the strata plan number in the related plan number field. (31) Attach an image of the completed and signed Form P. For further information on completing the legal description of the parent parcel in Item 3, see Item 2(a), Parcel Identifier and Legal Description, for Form A, in this guide. Version

164 EXAMPLE: FORM P PHASED STRATA PLAN DECLARATION Form P Amended Phased Strata Plan Declaration (32) If a previously filed Form P is being amended, select Amended Form P in Item 2 and complete the LTO document reference field. (33) In Item 3, complete the PID number and legal description of the parent parcel or select NO PID NMBR and enter the strata plan number in the related plan number field. (34) Attach an image of the completed and signed amended Form P. For further information on completing the legal description of the parent parcel in Item 3, see the Completion Instructions for Form A, Item 2(a), in this guide. EXAMPLE: FORM P AMENDED PHASED STRATA PLAN DECLARATION Forms V, W, X, Y (35) In Item 3, complete the PID number and legal description of the parent parcel or select NO PID NMBR and enter the strata plan number in the related plan number field. (36) Attach an image of the completed and signed Form V, W, X, or Y, as the case may be. EXAMPLE: FORMS V, W, X OR Y Version

165 Change to Contributions Calculations, Section 100, Strata Property Act (37) In Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. (38) Enter The Owners Strata Plan in the legal description of land field. (39) Attach an image of the completed and signed Resolution and Certificate in the prescribed form. Court Order Appointing Administrator (40) In Item 3, select NO PID NMBR and enter the strata plan number in the related plan number field. (41) (42) Enter The Owners Strata Plan in the legal description of land field. Attach an image of the court certified copy of the court order. EXAMPLE: COURT ORDER APPOINTING ADMINISTRATOR Version

166 2.14. Survey Plan Certification Version

167 General Information The Survey Plan Certification, with plan attached, is created by a British Columbia land surveyor and ed to the lawyer or notary responsible for submitting the plan to the land title office. As the lawyer or notary is not responsible for completing the certification, this guide does not include completion instructions. However, this section of the guide includes general information about the form and an example of completed documents. The Survey Plan Certification allows a British Columbia land surveyor to apply their electronic signature to the form certifying that the information in the form and the attached plan are correct. Land surveyors acquire plan numbers for electronic plans in advance. Therefore, the plan attached to the Survey Plan Certification contains the new plan number. When the land surveyor applies their electronic signature to the form, a control number is generated automatically. The control number identifies the version of the plan that the land surveyor is certifying. When an electronic Application to Deposit Plan at Land Title Office is created, the application includes both the plan number and the control number. Individuals who are required to approve and sign electronic applications, including owners and approving officers, have assurance that they are approving the correct version of a plan because the application contains the same plan number and the same control number as the Survey Plan Certification. The electronic filing system confirms that the plan number and the control number on the Survey Plan Certification and on the application are the same. Signatures and approvals on the face of a Mylar plan are also shown on an electronic application in accordance with the General Survey Instruction Rules and the Director s Requirements for Electronic Plans. The General Survey Instruction Rules are available at See also the Land Title EFS Requirements for Land Title Plans at Practice Alert: Lawyers and notaries who receive by a Survey Plan Certification, with plan attached, MUST NOT open the certification and save it to a file. When opened and saved, the electronic signature may be invalidated. Users should right-click on the icon and save the certification to a file without opening it. Version

168 Example of Survey Plan Certification Version

169 Example of Survey Plan to Be Attached to Survey Plan Certification Version

170 2.15. Application to Deposit Plan at Land Title Office Version

171 Application to Deposit Plan at Land Title Office Schedule of Owners and Witnesses Version

172 Application to Deposit Plan at Land Title Office Schedule of Approving Officers and Provincial Approvers Version

173 Application to Deposit Plan at Land Title Office Schedule of Surveyor General Approvals Version

174 General Instructions Application to Deposit Plan at Land Title Office The Application to Deposit Plan at Land Title Office is the form used to submit electronic plans and supporting documents. In addition to completion instructions for each Item in the application, this part out specific requirements for a number of special topics including pre-plan conveyances, alterations to pending plans, phased and amended strata plans, and road and highway closures. These topics are addressed at the end of this part. (1) An application to deposit a survey plan by electronic means must be made in the form, Application to Deposit Plan at Land Title Office (the application ). Only the plan types listed in the drop down menu on the application may be submitted electronically. (2) Forms prescribed under the Strata Property Act cannot be attached to an application. Strata Property Act forms must be prepared and signed in hardcopy format, imaged, attached to an electronic Strata Property Act Filing, and submitted to the land title office as part of an electronic strata plan application package. For instructions on preparing and filing strata forms, see the instructions for the Strata Property Act Filing. (3) The application must contain the pre-assigned plan number and control number from the electronic Survey Plan Certification, with plan attached, and must be submitted before the Survey Plan Certification. Pre-assigned electronic plan numbers begin with the prefix EPP for land title plans and the prefix EPS for strata plans. British Columbia land surveyors obtain the plan numbers. The director has exempted three plan types from the requirement for pre-assigned plan numbers to enable submission of subsequent phases and amendments to hardcopy strata plans and Block Outline posting plans of plans filed with hardcopy plan numbers. The land surveyor enters the existing hardcopy plan number in the Survey Plan Certification for these types of plans. Applicants must also enter the same hardcopy plan number on the application. (4) The application includes fields for information about the applicant, the legal description of the property, the type of plan application, the owners, any additional information required to complete the application and schedules for required signatures. (5) Requirements and instructions for completing the form can be accessed by clicking on the Help Guide button at the top of the Form. (6) Additional information, in the form of supporting documents, must be imaged, attached to an electronic Declaration, and submitted immediately following the application. The Director has approved document types that may be attached to an electronic Declaration. See Approved Supporting Documents for Electronic Forms at Supporting Documents for Electronic Forms.pdf. The Director may authorize additional supporting documents from time to time. (7) The signatures, witnesses and approval blocks are shown on the Application to Deposit Plan Form. There are three types of signature schedules one for owners, one for approving agencies, and one for Surveyor General approvals. Each schedule contains a drop down menu listing the required approvals and signatories. The schedules are created by clicking on Add Owner/Charge Signatures, Add Approver Signatures or Add SG Signatures at the bottom of the application. By selecting an item from the drop down menu in each schedule, the signature or witness field is populated automatically with the appropriate text for the type selected. This text can be edited. Version

175 (8) Each page of the application carries forward the plan number and control number entered on the first page and all pages are numbered automatically. By printing or signing the application electronically, the schedules are reordered in the same order as shown on the application. (9) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. (10) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules (e.g., signatures for the consents of owners and approvals), page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. (11) The phrase END OF DOCUMENT is not required on an electronic form. Lock and Unlock Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields except for items in the application section, which can be edited and enters a unique identifier. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier. The purpose of this feature is to help lawyers, notaries, land surveyors and other authorized subscribers keep track of changes to a form by providing a new number each time the form is locked. For example, a purchaser s lawyer may send a partially completed form to another lawyer for review. After getting it back, the lawyer can check the unique identifier to see that no further changes have been made to the locked form fields. If the unique identifier is the same as the identifier on the version sent out, then no changes have been made to the fields. Locking does not prevent pages being added to or deleted from the document (e.g., the insertion of an image of a supporting document). Electronic Signature Once the electronic form is completed, a hardcopy (the true copy defined in Part 10.1 of the Land Title Act) must be printed, executed and witnessed in accordance with Part 5 of the Land Title Act. The name and particulars of the witness must be entered before the electronic signature is affixed. British Columbia lawyers, notaries public, land surveyors or other authorized subscribers must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way. An unsigned copy of the form should be saved before the electronic signature is affixed. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at Version

176 When a plan type is selected which does not does not require signatures (e.g., Posting Plans, Statutory Rights of Way), ignore the following warning when finalizing the application. EXAMPLE: WARNING MAY BE IGNORED FOR PLANS WHICH DO NOT REQUIRE SIGNATURES Item 1 Application (1) Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the estate transferred. Item 1 constitutes the application to register the estate transferred and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice is sent electronically to the person who submitted the application. (2) If the applicant or the applicant s solicitor or agent is an individual, his or her name, address (with postal code), and phone number must be entered. (3) If the applicant or the applicant s solicitor or agent is acting on behalf of a corporation, the name, address (with postal code), and phone number of an individual who is authorized to do all acts necessary to effect registration of the freehold transfer must be entered. Form Fields Line 1 Applicant name field: enter the name of applicant or applicant s solicitor or agent and, where applicable, the name of the corporation on whose behalf the individual, solicitor or agent is acting. Line 2 Applicant address line 1 field: enter the street address. This field may also be used to continue the description of the applicant from the applicant name field, if necessary. Line 3 Applicant address line 2 field: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information (e.g., Subject to CPL CA4010 ). Completion Instructions (1) Where the city, province, and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. Version

177 (2) No written signature is required on the electronic form. (3) If the transferee is exempt from land title office fees, deselect the Deduct LTSA Fees? check box. The application must be made on behalf of a Ministry (name the Ministry) and the Ministry file must be referenced in the additional information field. EXAMPLE: ITEM 1 APPLICANT COMPLETION EXAMPLE: ITEM 1 APPLICANT COMPLETION BY ALTERNATE For information on filing declarations, see the Declaration Completion Instructions in this guide and see the Electronic Filing System (EFS) User s Guide at (4) Note that text in the additional information field is designed to shrink the font size to accommodate four lines of text, but is not intended to accommodate overly lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select a schedule to accommodate the situation. Entering more than four lines of text in the additional information field may shrink the text beyond legibility and may result in a refusal notice from the examiner. Import Profile (5) Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Item 2 Parcel Identifier and Legal Description of Land Form Fields Line 1 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the application is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted Version

178 against all of the titles in the strata plan. Note that, in limited circumstances, where the application is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., a Crown Grant followed by an application). Line 2 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Completion Instructions (1) Multiple parcels may be included on one electronic application. Use No PID NMBR (2) If a PID number has not been assigned to the parcel, select NO PID NMBR. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the application is filed electronically. EXAMPLE: NO PID NUMBER WITH RELATED PLAN NUMBER (3) Neither a PID number nor related plan number is required if the application is a plan over an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest: Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE Form 17 Fee Simple TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, S. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES Version

179 EXAMPLE: APPLICATION FOR TITLE TO UNREGISTERED LAND WITH NO PID NUMBER OR RELATED PLAN NUMBER (4) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted against the PID number of the registered titles affected by the related plan application. (5) When NO PID NMBR is selected and the related plan number field is not completed, the application cannot be noted against any registered titles. This option may only be used when the title and parcel have not yet been registered (e.g., Crown Grants). Users receive the following warning message when an application is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package: The document does not reference a PID number. If a PID number with a registered title exists for the land described in {#} - {Filename} or for land in a related application which forms part of this package, your application may be subject to a refusal notice requiring a material change. (6) If a registered title exists, but the user fails to include a PID number or related plan number, then a refusal notice will be issued requiring that the application be withdrawn. EXAMPLE: APPLICATION WITH NO PID NUMBER OR RELATED PLAN NUMBER EXAMPLE: PLAN AFFECTING PART OF COMMON PROPERTY IN STRATA PLAN (7) For a Bylaw, Road Closing, or Statutory Right of Way Plan over unregistered Crown land, select NO PID NMBR but do not complete the related plan number field. Ignore the warning message to enter Referenced Survey Plan Number and click on OK. Version

180 EXAMPLE: WARNING RE REFERENCED SURVEY PLAN NUMBER Legal Description (8) The legal description consists of everything shown below the PID number in the Description of Land segment of a title. (9) Preambles such as All and singular that certain parcel in the legal description must not be included. Similarly, reference to a strata lot owner s share in the common property must not be included. Statements such as That part of Lot 4 shown on may be used, if required. (10) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable: Rge = Range Tp = Township N = North W = West Bl = Block Dist = District S = South E = East Gp = Group Sec = Section DL = District Lot LD = Legal Subdivision W6M = West of the Sixth Meridian Frac = Fractional THSL = Town of Hastings Suburban Lands KDYD = Kamloops Division, Yale District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District TID = Texada Island District YDYD = Yale Division, Yale District NWD = New Westminster District (11) It is not acceptable to include reference to a water, assessment, or improvement district or legal notations such as hereunto annexed is Easement No.. (12) The legal description must be recorded entirely within Item 2, legal description of land field, and must not continue onto a schedule. The legal description must be entered opposite the PID number field of the parcel it describes. Version

181 Use 3 or 30 Parcel Schedules (13) If there is more than one legal description or if space is not sufficient in Item 2 for the complete legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the legal description of land field cannot be changed and the schedule must be completed or a new form started. Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text. Use 3 Parcel Schedule has three fields for lengthy legal descriptions. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 2 Item 3 Application for Deposit Form Fields Line 1 Application for deposit of plan type field: select the plan type from the Plan Type drop down menu. Version

182 EXAMPLE: PLAN TYPE MENU IN ITEM 3 Version

183 Line 1 Plan number field: enter the plan number. Line 1 Control number field: enter the control number from the Survey Plan Certification. Line 1 Number of new lots created field: enter the number of lots created by the type of plan, where required. Note that for plan types that create new lots, the Number of New Lots Created field in Item 3 defaults to 1. If more than one lot is created by the plan enter the total number of new lots. EXAMPLE: PLAN TYPE, PLAN AND CONTROL NUMBER, NUMBER OF LOTS IN ITEM 3 Completion Instructions (1) For plan types that do not create new lots, the number of new lots created field in Item 3 is protected. (2) For plan types that may or may not create new lots (e.g., a plan accompanying a charge that does not create a new lot), the number of new lots created field in Item 3 defaults to 0. Enter the number of new lots, if any. (3) The electronic filing system assigns each application a filing number or a separate pending title number for each new lot in the application. The application number and the electronic plan number will be noted against the title to each of the legal descriptions with PID numbers. (4) In limited circumstances, the related plan number may be one that has been filed and registered previously (e.g., a block outline posting plan, a subsequent phase or an amendment to a strata plan). Item 4 Owner Form Fields Line 1 Registered owner #1 name field: For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). For corporations: If the transferee is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the owner name field and its Version

184 incorporation number in the incorporation number field, which will appear after tabbing out of the corporation name field. Line 2 Registered owner #2 name field: For individuals: name of the second individual, if any, and occupation (e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION). See below under completion instructions if a second owner is a corporation or further information on joint tenancy is needed. Line 3 Address line field: enter the street address. Line 4 City field: enter the name of the city. Line 5 Province field: update the province or state and country field, if necessary. Line 6 Postal code field: enter the postal code, or the zip code for out-of-canada addresses. Completion Instructions (1) The fields for province or state, country, and incorporation type, for corporations, are preentered but can be edited by clicking on them with the mouse. (2) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code. (3) The registered owners names must be set out in capital letters. Names must not be underlined or highlighted. Individual Registered Owners (4) Individuals names and occupations must be entered in the following format with the items separated by semicolons. GIVEN NAMES; FAMILY NAME; OCCUPATION Failure to use semicolons indicates the transferee is a corporation. EXAMPLE: INDIVIDUAL TRANSFEREE SEPARATED BY SEMICOLONS Note that when the electronic form is printed, commas replace the semicolons between the name and occupation, and the yellow click boxes do not appear. (5) If there are two individual registered owners, enter the second name in the field below the first in the same format. Do not use connecting words such as and. If the registered owners are joint tenants, click on Joint Tenants?. Answer yes in the pop-up dialogue box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To Version

185 change the selection, click on Joint Tenants?. The software will ask that the selection be confirmed again. EXAMPLE: TWO INDIVIDUAL REGISTERED OWNERS AS JOINT TENANTS (6) Two registered owners who use the same address must be entered in Item 4. If there is more than one address, a schedule is required (click on Use Schedule). (7) A schedule must be used where there are more than two individual transferees or where there is one corporate registered owner and at least one other registered owner, whether an individual or a corporation. (8) If a schedule is required for Item 4, enter the registered owner information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information in the schedule. Do not set out some information in Item 4 and some in the schedule. Once Use Schedule is selected, the registered owner fields cannot be changed and the schedule must be completed or a new form started. EXAMPLE: SEE SCHEDULE SELECTED IN ITEM 4 Individual and Corporate Registered Owners (9) If there is one individual and one corporation, enter this information on a schedule (click on Use Schedule). Version

186 EXAMPLE: USE SCHEDULE FOR ONE INDIVIDUAL AND ONE CORPORATE REGISTERED OWNER Corporate Registered Owners (10) If the corporation is neither incorporated or registered in British Columbia nor incorporated federally, enter the corporation s name and attach proof of its incorporation on an electronic Declaration. (11) If the registered owner holds the interest in trust, reference to the trust instrument must be included after the name of the registered owner. EXAMPLE: REGISTERED OWNER IN TRUST (12) Additional information, such as references to branch offices or further descriptive information must not be included in the name field. This information may be included in the street address field, as long as the street address still fits. (13) If there is more than one corporation, enter this information on a schedule (click on Use Schedule). EXAMPLE: SCHEDULE SHOWING MORE THAN ONE CORPORATE REGISTERED OWNER Version

187 (14) In the case of a corporate registered owner that has branch offices, a branch office address for service may be included in the address field as the address of the registered owner. (15) If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the corporate registered owner s street address. (16) No proof of incorporation is required for corporations incorporated in British Columbia or federally. For all corporations incorporated in other jurisdictions, proof of incorporation must be attached to an electronic Declaration and submitted following the application. (17) If a schedule is required for Item 4, enter the registered owner information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information in the schedule. Do not set out some information in Item 4 and some in the schedule. Once Use Schedule is selected, the registered owner fields cannot be changed and the schedule must be completed or a new form started. EXAMPLE: SEE SCHEDULE SELECTED IN ITEM 4 EXAMPLE: TWO COMPANIES LISTED ON A SCHEDULE EXAMPLE: DESCRIPTION OF GOVERNING JURISDICTION (18) 1. For a posting plan, enter the registered owner s name or enter Not Applicable in line Version

188 (19) Members of the Authorized Subscriber Register are restricted to electronically signing applications where the organizations they represent are the transferee/owner of the application. If the plan application is to be electronically signed by a Member of the Authorized Subscriber Register with this requirement, then the name of the transferee/owner must appear on the plan application and not in a schedule, as the system must verify the name in the form is the same as it appears in the Authorized Subscriber register. The name of the transferee for a Statutory Right of Way for example would be the organization who will be the owner of the Statutory Right of Way charge not the owner of the title to the land. If the organization the Member represents wish to include a further description of the organization that will not fit within the transferee field, e.g. reference to a ministry or a division of the organization, the additional information may need to be abbreviated and may extend into the first address field. EXAMPLE: AUTHORIZED SUBSCRIBER S NAME OF ORGANIZATION FOR TRANSFEREE For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For instructions on attaching and scanning supporting documents, see the Electronic Filing System (EFS) Scanning Requirements at Item 5 Additional Information Form Fields Line 1 Additional information field: enter a description of any supporting documents to be submitted in support of the application. Line 2 Supporting document checkbox: check this box if there are supporting documents. Checking the box adds a statement to the additional information field that requires the user to enter the particulars of the supporting documents. The statement can be edited. Version

189 EXAMPLE: CHECK MARK IN ITEM 5 INDICATING SUPPORTING DOCUMENT Completion Instructions (1) A supporting document must not be attached directly to an application. An original of the supporting document must be scanned, attached to an electronic Declaration, and submitted immediately following the application. (2) The electronic filing system automatically attaches the declaration and the supporting document to the application. (3) The Director has approved document types that may be attached to an electronic Declaration. See Approved Supporting Documents for Electronic Forms at Supporting Documents for Electronic Forms.pdf. The Director may authorize additional supporting documents from time to time. (4) A letter or from the registrar approving the use of an explanatory plan, for example, may be attached directly to the application. For assistance scanning images suitable for electronic filing, see the EFS Scanning Requirements at For further information on preparing and submitting declarations, see the instructions for a Declaration and the Land Title Electronic Filing System (EFS) User s Guide at Version

190 Signatures and Approvals General There are three types of signature schedules: one for owners, one for approving agencies, and one for Surveyor General approvals. Each schedule contains a drop down menu listing the required approvals and signatories. The schedules are created by clicking on Add Owner/ Charge Signatures, Add Approver Signatures or Add SG Signatures at the bottom of the application. By selecting an item from the drop down menu in each schedule, the signature or witness field is populated automatically with the appropriate text for the type selected. This text can be edited. Note that the drop down menus do not appear on the printed form. Schedule of Owners and Witnesses Form Fields Line 1 Plan number field: this field populates automatically when the plan number field in the first page of the application is completed. Line 1 Control number field: this field populates automatically when the control number field in the first page of the application is completed. Line 2 Signature type selection field: click on the drop down menu and select from the listing of four different signature styles. The Line 4, owner signature field, populates automatically with the appropriate editable text for each type of owner. Line 4 Witness signature field: enter the witness name, occupation and address in the lines provided. The text in this field can be edited. Line 4 Owner signature field: enter the complete names of the registered owners as shown on the registered title below the signature lines. For a corporation, enter the name above the signature lines with the names of the authorized signatories below the signature lines. Line 5 Signature type selection field: click on the drop down menu and select from the listing of four different signature styles. The Line 6, owner signature field, populates automatically with the appropriate editable text for that type of owner. Line 6 Witness signature field: enter the witness name, occupation and address in the lines provided. The text in this field can be edited. Line 6 Owner signature field: enter the complete names of the registered owners as shown on the registered title below the signature lines. For a corporation, enter the name above the signature lines with the names of the authorized signatories below the signature lines. Version

191 EXAMPLE: SCHEDULE OF OWNERS AND WITNESSES Completion Instructions (1) The schedule provides space for two individual signatures and witness blocks. (2) If additional signature fields are required, click on Add Owner/Charge Signatures, Add Approver Signatures or Add SG Signatures as required. EXAMPLE: ADDITIONAL SIGNATURE FIELDS Schedule of Approving Officers and Provincial Approvers Form Fields Line 1 Plan number field: this field populates automatically when the plan number field in the first page of the application is completed. Line 1 Control number field: this field populates automatically when the control number field in the first page of the application is completed. Line 2 Approver type selection field: click on the drop down menu and select from the listing of various required approval types. Line 3, required approver signature field, populates automatically with the appropriate editable text for that type of approval. Line 3 Required approver signature field: complete the required information in the text provided and enter the name of the approver below the signature line. Version

192 Line 4 Approver type selection field: if an additional approval is needed, click on the drop down menu and select from the listing of various required approval types. Line 5, required approver signature field, populates automatically with the appropriate editable text for that type of approval. Line 5 Required approver signature field: complete the required information in the text provided and enter the name of the approver below the signature line. Completion Instructions Note that the drop down menus do not appear on the printed form. EXAMPLE: SCHEDULE OF APPROVING OFFICERS AND PROVINCIAL APPROVERS (1) The schedule provides space for two individual approval fields. (2) If additional signature fields are required, click on Add Owner/ Charge Signatures, Add Approver Signatures, or Add SG Signatures as required. EXAMPLE: ADDITIONAL SIGNATURE FIELDS Version

193 Schedule of Surveyor General Approvals Form Fields Line 1 Plan number field: this field populates automatically when the plan number field in the first page of the application is completed. Line 1 Control number field: this field populates automatically when the control number field in the first page of the application is completed. Line 2 Surveyor General approver type selection field: click on the drop down menu and select from the listing of various required Surveyor General approval types. Line 3, required surveyor approval signature field, populates automatically with the appropriate editable text for that type of approval. Line 3 Required approver signature field: complete the required information in the text provided and enter the name of the approver below the signature line. Line 4 Approver type selection field: if an additional approval is needed, click on the drop down menu and select from the listing of various required surveyor approval types. Line 5, required surveyor approval signature field, populates automatically with the appropriate editable text for that type of approval. Line 5 Required approver signature field: complete the required information in the text provided and enter the name of the Surveyor General below the signature line. Completion Instructions Note that the drop down menus do not appear on the printed form. EXAMPLE: SCHEDULE OF SURVEYOR GENERAL APPROVALS (1) The schedule provides space for two individual approvals. Version

194 (2) If additional signature fields are required, click on Add Owner/Charge Signatures, Add Approver Signatures, or Add SG Signatures as required. EXAMPLE: ADDITiONAL SIGNATURE FIELDS Special Topics This part sets out specific requirements for a number of special topics including pre-plan conveyances, alterations to pending plans, phased and amended strata plans, and road and highway closures. Pre-plan Conveyance, Extension of Charge or Partial Release A PID number cannot be used more than once in the same electronic application. If a parcel of land is to be subdivided and there are conveyances, charges, or releases that relate to each of the new lots within the subdivision plan, enter the parent PID number or relate the application to a subsequent plan number in the same package. Note that PID numbers cannot be duplicated in a single document and that the related plan number must be accompanied by a plan application with a PID number and registered title to ensure acceptance in the electronic filing system. EXAMPLE: PREPLAN CONVEYANCE WITH NO PID NUMBER AND RELATED PENDING PLAN NUMBER Complete the related plan number field with the subdivision plan number in the same plan package as the Form A. Note that in the example above, three fee simple application numbers will be assigned. Alteration to Pending Electronic Plans An alteration to an electronic plan cannot be submitted unless the original plan has been submitted and is in pending status. If a pending plan has been assigned to a Land Title Examiner, an alteration to a plan cannot be submitted until a refusal notice has been issued. The land surveyor prepares a second version of the plan showing the alteration and using the same plan number as the original. The land surveyor then completes a new Survey Plan Certification and attaches the altered plan. Version

195 When the land surveyor has applied their electronic signature to the Survey Plan Certification, a new control number is generated automatically. The new control number verifies the new version of the plan that the land surveyor certified. The altered plan is submitted using the plan alteration process. Plan Alteration Process The land surveyor will: (1) Amend the plan image to reflect the desired changes. (2) Prepare a new Survey Plan Certification (SPC) with all the same information and certification as the original one. (3) Click the alteration box in item 4 on the form and enter the original LTO document reference number (the first CA number on the Application to Deposit Plan) and the control number from your original SPC. (4) Briefly describe the nature of the amendment in the box provided. (5) Electronically sign the SPC and resubmit the plan if they are the applicant. If the land surveyor is not the applicant they will forward it to the applicant who submitted the initial package and they will resubmit it. The new SPC will have a new control number, but as long as the correct LTO document reference number and control number from the original SPC is entered in item 4 of the new SPC, the new plan will replace the original and become the new version of the plan. Version

196 As noted above, each time an amendment is done a new SPC is required which generates a new control number, although every amendment will always reference the original LTO document number and control number from the original SPC. The differing control numbers provide an audit trail for each amendment. EXAMPLE: PLAN ALTERATION: Version

197 Phased or Amended Strata Plans Two or more phases of a strata plan or an amending plan may be added to the same package. Each plan application must include the PID number of the titles affected or, where no PID number has been assigned, must relate to a preceding reference or subdivision plan number either in the same package or in a package previously submitted and still in a pending state. Note that selecting NO PID NMBR and entering the same strata plan number in the relate to plan field will result in an error message. An amended strata plan application may be submitted as a separate package or as part of a larger package combined with other phases of the same strata plan. Rather than listing all of the legal descriptions and PID numbers from a previously registered phase of the strata plan, select NO PID NMBR and enter the same strata plan number in the relate to plan field. The prior phase or strata plan may have either a pending or registered status. Relating to the filed or pending strata plan will ensure that the amending strata plan is noted on all of the titles in both the registered strata plan and the pending plan. Road Closing Plans Municipal Bylaw or Road Closing and Reference Plan (1) In Item 2, select NO PID NMBR and complete the legal description using the road closing plan title. Do not enter the pre-assigned bylaw plan number in the related plan number field. The related plan number and the bylaw plan number cannot be the same. EXAMPLE: APPLICATION FOR CLOSED ROAD, NO PID NUMBER ENTERED IN ITEM 2 (2) In Item 3, if the municipality has passed a bylaw or resolution, select Bylaw or Road Closing from the drop down menu. Version

198 EXAMPLE: BYLAW OR ROAD CLOSING ENTERED IN ITEM 3 (3) If a plan package consists of a bylaw plan defining a closed road, the user places a check mark in the box at the bottom of the field. The check mark adds a statement to the additional information field that can be edited to enter the particulars of the bylaw or resolution. EXAMPLE: SELECT THE CHECK BOX IN ITEM 5 TO INDICATE A SUPPORTING DOCUMENT (4) A certified copy of the bylaw or resolution is attached to an electronic Declaration. When the application for the plan is submitted, it is followed immediately by the declaration with bylaw attached and then by the Surveyor Plan Certification with pre-assigned plan number and plan attached. The electronic filing system will append the declaration and the attached bylaw to the application. (5) The application is accompanied by an electronic Form 17 Fee Simple applying for indefeasible title in the name of the municipality. See the instructions, Title to Closed Road, Application in Form 17. (6) Ignore the warning message when applying the electronic signature. Click OK. Version

199 Discontinuance and Closure of Highway, Ministry of Transportation and Infrastructure In order to dispose of a closed road under the Transportation Act, the Ministry of Transportation and Infrastructure must make an application to the land title office. Notice of the closure must be published in the Gazette. (1) In Item 2, select NO PID NMBR and complete the legal description using the road closing plan title. The relate to plan field remains blank. Do not enter a pre-assigned number defining the discontinuance or closure in the relate to plan field. Note that the related plan number and the new plan number cannot be the same. (2) In Item 3, select, as appropriate, either Reference or Explanatory or Statutory Right of Way from the drop down menu. EXAMPLE: REFERENCE OR EXPLANATORY PLAN ENTERED IN ITEM 3 (3) The user places a check mark in the box at the bottom of the field. The check mark adds a statement to the additional information field that can be edited to enter the particulars of the Gazette notice. Version

200 EXAMPLE: SELECT THE CHECK BOX IN ITEM 5 INDICATING A SUPPORTING DOCUMENT (4) A copy of the Gazette notice is attached to an electronic Declaration. When the application is submitted, it is followed immediately by the declaration with notice attached and then by the Surveyor Plan Certification with pre-assigned plan number and the explanatory or reference plan or the statutory right of way plan attached. The electronic filing system will append the declaration and the certification to the application. (5) The application is accompanied by an electronic Form 17 Fee Simple applying for indefeasible title in the name of the BC Transportation Financing Authority. See the instructions, Title to Closed Road, Application in Form 17. (6) Ignore the warning message when applying the electronic signature. Click OK. Title to Closed Road, Application in Form 17 Fee Simple An application to transfer title to a closed road is made in the Form 17 Fee Simple. (1) In item 2, select NO PID NMBR and enter the pre-assigned bylaw plan number in the related plan number field. Complete the legal description. (2) In Item 3, Nature of Interest, select Title to Closed Road from the drop down menu. Version

201 EXAMPLE: TITLE TO CLOSED ROAD IN FORM 17 FEE SIMPLE Transfer of Closed Road to Adjacent Owner The road closure application may also include an application to transfer title to the closed road from a municipality or the BC Transportation Financing Authority to an owner of adjacent land. This application is made in the Form A Freehold Transfer. (1) The application package includes, in the following order: a. Application to Deposit Plan at Land Title Office; b. Survey Plan Certification with plan attached; c. Form 17 Fee Simple with declaration and supporting documents attached; d. Form A Freehold Transfer. (2) On Form A, in Item 2(a), the user selects NO PID NMBR and completes the related plan number field with the subdivision or reference plan number consolidating the closed road with the adjacent land. (3) If a Form A transfer accompanies an application for Title to Road or Title to Closed Road, NO PID NMBR may be selected without completing the relate to plan field or the application may relate to a accompanying subdivision or reference plan number. EXAMPLE: LEGAL DESCRIPTIONS IN ITEM 2(a) FOR TRANSFER OF CLOSED ROAD TO OWNER OF ADJACENT LAND Documents Subsequent to Application, Subdivision, or Reference Plan Consolidation (1) In a subsequent application creating a new charge (e.g., a covenant) or transferring the new lots in the consolidation or subdivision plan, the application should relate back to the subdivision or reference plan which consolidated the closed road with the adjacent lands. Version

202 In addition to the legal description for the closed road, the subsequent application must include at least one legal description with a registered title and PID number. (2) For legal description of the closed road, select NO PID NMBR and complete the related plan number field. Each legal description in the plan must be entered separately. The related plan must be in the same package or have a pending status when the application is submitted. (3) If there is more than one legal description or if space is not sufficient in Item 2 for the complete PID number and legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the legal description field cannot be changed and the schedule must be completed or a new form started. (4) Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text and PID numbers. Use 3 Parcel Schedule has three fields for lengthy legal descriptions and PID numbers. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: USE 30 PARCEL SCHEDULE TO LIST NEW LEGAL DESCRIPTIONS FOLLOWING SUBDIVISION OR CONSOLIDATION PLAN Version

203 2.16. Local Government Filing Form Version

204 General Instructions Local Government Filing Form The electronic Local Government Filing Form replaces the need for local governments to use the hardcopy templates for notices in the land title office under the Local Government Act or the Community Charter. For electronic filing purposes, the electronic signature of an authorized subscriber replaces any land title requirement for a written signature. The form can also be used to cancel any local government notices from registered titles. Only authorized subscribers, as defined in DR 01-13, Director s Requirements for the Authorized Subscriber Register, have the authority to sign this form electronically. (1) (2) (3) Every Item in the Local Government Filing Form (the filing form ) must be completed in accordance with these completion instructions. Documents in support of an electronic filing form are not generally required. If a supporting document is required, it is prepared, signed, scanned, and attached as an image to an electronic Declaration. Supporting documents are prepared in the same manner as documents filed in hardcopy format. Users are reminded to check relevant legislation to see if specific evidence is required for a particular type of application. Once the hardcopy (the true copy defined in Part 10.1 of the Land Title Act) document is signed, or the appropriate court orders or certificates have been obtained, the entire hardcopy document is scanned and saved. The page or pages are then attached to a completed electronic Declaration and submitted immediately following the filing form. For instructions on attaching and scanning supporting documents, see the Electronic Filing System (EFS) Scanning Requirements at (4) (5) (6) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules (e.g., an image of a supporting document), page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. Requirements and instructions for completing the form can be accessed by clicking on the Help Guide button at the top of the Form. Electronic Signature Once the electronic filing form is completed and the image of the supporting document is attached, an authorized subscriber must affix their electronic signature before the filing form is submitted electronically. The electronic signature is applied to provide details of the supporting document under ss , , and (4) of the Land Title Act. The electronic signature certifies that the subscriber has the supporting document in their possession and that the material facts are set out in the imaged copy attached to the filing form. Version

205 EXAMPLE: CERTIFICATION STATEMENT To affix the electronic signature to the filing form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the filing form cannot be modified in any way. An unsigned copy of the filing form should be saved before the electronic signature is affixed. For detailed procedures, see the Land Title Electronic Filing System (EFS) User s Guide at Item 1 Application Form Fields Line 1 Applicant name field: enter the name of applicant or applicant s solicitor or agent and, where applicable, the name of the corporation on whose behalf the individual, solicitor or agent is acting. Line 2 Applicant address line 1 field: enter the street address. This field may also be used to continue the description of the applicant from the applicant name field, if necessary. Line 3 Applicant address line 2 field: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information (e.g., merge RP CA4000 or Subject to CPL CA4010 ). Completion Instructions (1) Where the city, province, and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. (2) No written signature is required on the electronic form. (3) If the applicant is exempt from land title office fees, deselect the Deduct LTSA Fees? check box. The application must be made on behalf of a Ministry (name the Ministry) and the Ministry file must be referenced in the additional information field. Version

206 EXAMPLE: ITEM 1 APPLICANT COMPLETION EXAMPLE: ITEM 1 APPLICANT COMPLETION BY ALTERNATE Note that text in the additional information field is designed to shrink the font size to accommodate four lines of text, but is not intended to accommodate overly lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select a schedule to accommodate the situation. Entering more than four lines of text in the additional information field may shrink the text beyond legibility and may result in a refusal notice from the examiner. Import Profile (4) Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Item 2 Parcel Identifier and Legal Description of Land Form Fields Line 1 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the filing form is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted against all of the titles in the strata plan. Note that, in limited circumstances, where the filing form is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required (e.g., an Application for Title to Closed Road followed by a Local Government Filing Form). Line 2 Legal description of land field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Line 3 STC field: a state of title certificate (STC) can be requested by selecting the STC? YES. If you wish to have the STC picked up, click on Pick up STC? and, in the Version

207 pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. Otherwise, the STC will be mailed out to the address shown in item 1. Completion Instructions (1) Multiple parcels may be included on one electronic Local Government Filing Form. Use No PID NMBR (2) If a PID number has not been assigned to the parcel, select NO PID NMBR. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the filing form is filed electronically. EXAMPLE: NO PID NUMBER WITH RELATED PLAN NUMBER (3) Neither a PID number nor a related plan number is required if the application is a transfer of an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest: Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE Form 17 Fee Simple TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, S. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES EXAMPLE: APPLICATION FOR TITLE TO UNREGISTERED LAND WITH NO PID NUMBER OR RELATED PLAN NUMBER Version

208 (4) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted against the PID number of the registered titles affected by the related plan application. (5) When NO PID NMBR is selected and the related plan number field is not completed, the application cannot be noted against any registered titles. This option may only be used when the title and parcel have not yet been registered (e.g., Crown Grants). Users receive the following warning message when a filing form is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package: The document does not reference a PID number. If a PID number with a registered title exists for the land described in {#} {Filename} or for land in a related application which forms part of this package, your application may be subject to a refusal notice requiring a material change. (6) If a registered title exists, but the user fails to include a PID number or related plan number, then a refusal notice will be issued requiring that the filing form be withdrawn. Legal Description (7) The legal description consists of everything shown below the PID number in the Description of Land segment of a title. (8) Preambles such as All and singular that certain parcel in the legal description must not be included. Similarly, reference to a strata lot owner s share in the common property must not be included. Statements such as That part of Lot 4 shown on may be used, if required. (9) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable: Rge = Range Tp = Township N = North W = West Bl = Block Dist = District S = South E = East Gp = Group Sec = Section DL = District Lot LD = Legal Subdivision W6M = West of the Sixth Meridian Frac = Fractional THSL = Town of Hastings Suburban Lands KDYD = Kamloops Division, Yale District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District TID = Texada Island District YDYD = Yale Division, Yale District NWD = New Westminster District Version

209 (10) It is not acceptable to include reference to a water, assessment, or improvement district or legal notations such as hereunto annexed is Easement No.. (11) The legal description must be recorded entirely within Item 2, legal description of land field and must not continue onto a schedule. The legal description must be entered opposite the PID number field of the parcel it describes. Use 3 or 30 Parcel Schedules (12) If there is more than one legal description or if space is not sufficient in Item 2 for the complete legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the filing form. Once the schedule is selected, the legal description field cannot be changed and the schedule must be completed or a new filing form started. (13) Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text. Use 3 Parcel Schedule has three fields for lengthy legal descriptions. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 2 State of Title Certificate (STC) (14) When a state of title certificate (STC) is requested by selecting the STC? YES check box and the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. If this option is not selected, the STC will be sent to the address shown in the Item 1 application section. (15) Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number. Item 3 Nature of Interest Form Fields Line 1 Nature of interest field: select the type of notice (e.g., new, modification or cancellation) from the drop down menu. Version

210 Line 2 Affected legal notation number field: enter the filing number of the notation to be modified or cancelled, if applicable. EXAMPLE: CANCELLATION OF LEGAL NOTATION IN ITEM 3 Completion Instructions (1) Each individual type of notice or release requires a separate filing form. (2) The selection of a particular nature of interest automatically populates Item 5, Notice Details, with the notation details. Item 4 Name of Local Government Form Fields Line 1 Name of local government field: enter the name of the local government creating, modifying or cancelling the notice. Line 2 Additional information field: enter any additional information which may be applicable, if required. EXAMPLE: NAME OF LOCAL GOVERNMENT Item 5 Notice Details Form Fields Line 1 Notice details field: enter the particulars of the notice following the Completion Instructions for Specific Notice Types. Line 2 Authorized signatory field: enter the name of the Authorized Signatory if different from the subscriber who applies their electronic signature to the filing form or as otherwise required. Completion Instructions for Specific Notice Types Note that the text in Item 5, Notice Details, cannot be edited. Enter text in the fields provided when a notice type, bylaw reference, improvement district, date or section of an Act is required. Version

211 Cancellation of Legal Notation Line 1 Type of notice field: when Cancellation of Legal Notation is selected from the drop down menu in Item 3, Nature of Interest, text populates Item 5, Notice Details, to accommodate the cancellation notice. From the drop down menu in Item 5, select the correct type of notice that is being cancelled. Line 2 Affected legal notation number: enter the filing number of the notice being cancelled in Item 3. EXAMPLE: CANCELLATION OF LEGAL NOTATION Bylaw Contravention Notice Line 1 Type of notice field: when Bylaw Contravention Notice is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate the contravention notice. EXAMPLE: BYLAW CONTRAVENTION NOTICE Notice of Permit Line 1 Type of notice field: when Notice of Permit is selected from the drop down in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate the permit notice. From the drop down menu in Item 5, select the type of permit notice that applies. Line 2 Section field: enter the section of the Local Government Ac that authorizes the type of notice selected. Version

212 Line 3 Issue Date field: enter the date the permit was issued in the form yyyy-mm-dd. Line 4 Expiry date field: when Temporary Permit is selected from the drop down menu in Item 5, enter the expiry date of the permit in the form yyyy-mm-dd. EXAMPLE: TEMPORARY USE PERMIT Notice of Permit (Modification) Line 1 Type of notice field: when Notice of Permit (Modification) is selected from the drop down in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate the modification. Line 2 Affected legal notation number: enter the filing number of the permit being modified in Item 3. EXAMPLE: NOTICE OF PERMIT (MODIFICATION) Heritage Status Notice Local Government Act/Community Charter Line 1 Heritage provision field: when Heritage Status Notice Local Gov t/community Charter is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate the heritage notice. From the drop down menu in Item 5, Notice Details, select the type of heritage notice that applies. Line 2 Statutory authority field: non-editable text populates this field. Line 3 Authorized bylaw field: enter the number of the applicable bylaw. Version

213 Line 3 Adopted on date field: enter the date the bylaw was adopted in the form yyyy-mm- EXAMPLE: HERITAGE STATUS NOTICE LOCAL GOVERNMENT ACT/COMMUNITY CHARTER Heritage Status Notice Vancouver Charter Line 1 Heritage provision field: when Heritage Status Notice Vancouver Charter is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate the heritage notice. From the drop down menu in Item 5, select the type of heritage notice that applies. Line 2 Statutory authority field: non-editable text populates this field. Line 3 Authorized bylaw field: enter the number of the applicable bylaw. Line 3 Adopted on date field: enter the date the bylaw was adopted in the form yyyy-mmdd. EXAMPLE: HERITAGE STATUS NOTICE VANCOUVER CHARTER Version

214 Housing Agreement Notice Local Government Act Line 1 Housing agreement field: when Housing Agreement Notice Local Gov t Act is selected from the drop down menu in Item 3, Nature of Interest, three lines of non-editable text populate Item 5, Notice Details, to accommodate the details of a housing agreement notice under the Local Government Act. Line 2 Agreement date field: enter the date of the agreement in the form yyyy-mm-dd. Line 3 Issue date field: enter the date the notice was issued in the form yyyy-mm-dd. EXAMPLE: HOUSING AGREEMENT NOTICE LOCAL GOVERNMENT ACT Housing Agreement Notice Local Government Act (Modification) Line 1 Housing agreement field: when Housing Agreement Notice Local Gov t Act (Modification) is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate a modification of a housing agreement notice under the Local Government Act. Line 2 Affected legal notation number: enter the filing number of the notice being modified in Item 3. EXAMPLE: HOUSING AGREEMENT NOTICE LOCAL GOVERNMENT ACT (MODIFICATION) Version

215 Housing Agreement Notice Vancouver Charter Line 1 Housing agreement field: when Housing Agreement Notice Vancouver Charter is selected from the drop down menu in Item 3, Nature of Interest, three lines of non-editable text populate Item 5, Notice Details, to accommodate the details of a Housing Agreement Notice under the Vancouver Charter. Line 2 Issue date field: enter the date of the agreement in the form yyyy-mm-dd. EXAMPLE: HOUSING AGREEMENT NOTICE VANCOUVER CHARTER Housing Agreement Notice Vancouver Charter (Modification) Line 1 Housing agreement field: when Housing Agreement Notice Vancouver Charter (Modification) is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate a modification of a housing agreement notice under the Vancouver Charter. Line 2 Affected legal notation number: enter the filing number of the notice being modified in Item 3. EXAMPLE: HOUSING AGREEMENT NOTICE VANCOUVER CHARTER (MODIFICATION) Version

216 Mountain Resort Notice Line 1 Mountain resort notice field: when Mountain Resort Notice is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate a mountain resort notice under the Local Government Act. Line 2 Improvement district field: enter the name of the improvement district in Item 5. EXAMPLE: MOUNTAIN RESORT NOTICE Notice of Appropriation Line 1 Notice of appropriation field: when Notice of Appropriation is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate a notice of appropriation under the Community Charter. Attach a copy of a certified copy of the bylaw and plan showing the channel or bed of the stream defined in the bylaw. EXAMPLE: NOTICE OF APPROPRIATION Notice of Park Land Agreement Line 1 - Notice of park land: when Notice of Park Land Agreement is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Version

217 Notice Details, to accommodate a notice of agreement under the Local Government Act. Line 2 Issue Date: Enter the issue date. EXAMPLE: NOTICE OF PARK LAND AGREEMENT Notice of Release Land use Contract Line 1 - Notice of release land use contract field: when Notice of Release Land Use Contract is selected from the drop down menu in Item 3, Nature of Interest, noneditable and date selection fields populates Item 5, Notice Details, to accommodate a notice of release land use contract under the Local Government Act. In the date selection fields, enter a termination date for the land use contract. Line 2 Affected charge number: enter the charge number of the land use contract. Version

218 EXAMPLE: NOTICE OF RELEASE LAND USE CONTRACT Release of Land Use Contract (By Effluxion of Time) Line 1 - Release of land use contract field: when Release of Land Use Contract (By Effluxion of Time) is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate a notice under the Local Government Act. Line 2 Affected charge number: enter the charge number of the land use contract. EXAMPLE: RELEASE OF LAND USE CONTRACT (BY EFFLUXION OF TIME) Resort Associations Act Line 1 Resort Associations Act field: when Resort Associations Act is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate a notice under the Resort Associations Act. Version

219 EXAMPLE: RESORT ASSOCIATIONS ACT NOTICE Resort Municipality of Whistler Act Notice Line 1 Resort Municipality of Whistler Act notice field: when Resort Municipality of Whistler Act Notice is selected from the drop down menu in Item 3, Nature of Interest, non-editable text populates Item 5, Notice Details, to accommodate a notice under the Resort Municipality of Whistler Act. EXAMPLE: RESORT MUNICIPALITY OF WHISTLER ACT NOTICE Version

220 2.17. Claim of Lien Form (Builders Lien Act) Version

221 General Instructions Claim of Lien Form (Builders Lien Act) The electronic claim of lien form replicates the prescribed hardcopy Form 5 required under the Builders Lien Act. (1) Every Item in the electronic Claim of Lien Form (the claim of lien form ) must be completed in accordance with these completion instructions. (2) Documents in support of an electronic claim of lien form are not required. (3) Electronic forms are designed with specific fields intended for specific information. Enter the data in the field specified for that purpose by pressing the Tab key to move from one field to the next. Hover the mouse over any field to see the tool tips for completing the field. (4) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules (e.g., an image of a supporting document), page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. Electronic Signature Once the electronic claim of lien form is completed, a hardcopy must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of the witnessing officer must be entered before the electronic signature is affixed. A British Columbia lawyer or a notary public who is an authorized subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in his or her possession a signed true copy, or a copy of that copy (e.g., a facsimile). To affix the electronic signature to the claim of lien form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the claim of lien form cannot be modified in any way as that will invalidate the signature for electronic submission. An unsigned copy of the claim of lien form should be saved before the electronic signature is affixed. See the Land Title Electronic Filing System (EFS) User s Guide at for detailed procedures, including information on importing and exporting data from one form to another. EXAMPLE: CERTIFICATION STATEMENT Item 1 Application (1) Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the claim in the land charged. Item 1 constitutes the application to register the Version

222 claim and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice is sent electronically to the person who submitted the application. (2) If the applicant or the applicant s solicitor or agent is an individual, his or her name, address (with postal code), and phone number must be entered. (3) If the applicant or the applicant s solicitor or agent is acting on behalf of a corporation, the name, address (with postal code), and phone number of an individual who is authorized to do all acts necessary to effect registration must be entered. Form Fields Line 1 Applicant name field: enter the name of applicant or applicant s solicitor or agent and, where applicable, the name of the corporation on whose behalf the individual, solicitor or agent is acting. Line 2 Applicant address line 1: enter the street address. This field may also be used to continue the description of the applicant from the applicant name field, if necessary. Line 3 Applicant address line 2: enter the street address on line 2, if necessary. Line 4 City field: enter the name of the city. Line 5 Province field: enter the abbreviated name of the province. Line 6 Postal code field: enter the postal code, or zip code for out-of-canada addresses. Line 7 Additional information field: use this field to enter the phone number for the applicant, solicitor, or agent and for any additional instructions and information. Completion Instructions (1) Where the city, province, and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature. (2) No written signature is required on the electronic form. For information on filing corrective declarations, see the Declaration Completion Instructions in this guide and the Electronic Filing System (EFS) User s Guide at Note that text in the additional information field is designed to shrink the font size to accommodate four lines of text, but is not intended to accommodate overly lengthy descriptions. Where the description begins to decrease the font size to the point of illegibility, select a schedule to accommodate the situation. Entering more than four lines of text in the additional information field may shrink the text beyond legibility and may result in a defect notice from the examiner. Import Profile (3) Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data. If a profile already exists, Version

223 clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Land Title Electronic Filing System (EFS) User s Guide at Claimant or Agent Name and Address Form Fields Line 1 Claimant or agent name field: enter the name of either the claimant or the agent acting on the claimant s behalf. Line 2 Address field: enter the claimant or agent s address. Line 2 Address field continued: continue with the address from line 1. EXAMPLE: CLAIMANT OR AGENT NAME FIELD IN ITEM 1 Item 2 Claimant Information and Description of Land Form Fields Line 1 Claimant name field: enter the claimant s name. Line 2 Claimant additional information field: enter any additional description of the claimant if additional space is required (e.g., doing business as ). Line 2 Incorporation No. field: enter the incorporation number if the claimant is a corporation. Entering an incorporation number is optional. Line 3 Claimant address field: enter the claimant s address. Line 4 Parcel identifier field: enter the PID number in the format (e.g., type , not or ). Where no PID number exists for the parcel affected, select NO PID NMBR and complete the related plan number field. The related plan must be in the same package or have a pending status when the claim of lien form is filed electronically. When describing common property, enter the strata plan number in the related plan number field. The application numbers will be noted against all of the titles in the strata plan. Line 5 Legal description field: enter the legal description consisting of everything shown below the PID number in the Description of Land segment of a printed computer title. Line 6 STC Field: a state of title certificate (STC) can be requested by selecting the STC? YES. If you wish to have the STC picked up, click the pick up STC button. Otherwise, the STC will be mailed out to the address shown in Item 1. Version

224 Completion Instructions (1) Multiple parcels may be included on one electronic claim of lien form. Use No PID NMBR (2) If a PID number has not been assigned to the parcel, select NO PID NMBR. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the claim of lien form is filed electronically. EXAMPLE: NO PID NUMBER WITH RELATED PLAN NUMBER (3) Neither a PID number nor related plan number is required if the application is a transfer of an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest: Form Type Nature of Interest APPLICATION BY OWNER OF ABSOLUTE FEE FOR INDEFEASIBLE TITLE APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE Form 17 Fee Simple TITLE TO CLOSED ROAD CROWN GRANT CROWN GRANT SUBMITTED BY SURVEYOR GENERAL TITLE TO CROWN LAND IN SRW, S. 24, B.C. REG. 334/79 CANCELLATION OF INTERIOR LOT LINES Version

225 EXAMPLE: APPLICATION FOR TITLE TO UNREGISTERED LAND WITH NO PID NUMBER OR RELATED PLAN NUMBER (4) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the related plan number field is completed, the application is noted against the PID number of the registered titles affected by the related plan application. (5) When NO PID NMBR is selected and the related plan number field is not completed, the application cannot be noted against any registered titles. This option may only be used when the title and parcel have not yet been registered (e.g., pending plans). Users receive the following warning message when a claim of lien form is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package: The document does not reference a PID number. If a PID number with a registered title exists for the land described in {#} {Filename} or for land in a related application which forms part of this package, your application may be subject to a defect notice requiring a material change. (6) If a registered title exists, but the user fails to include a PID number or related plan number, then a refusal notice will be issued requiring that the claim of lien form be withdrawn. Legal Description (7) The legal description consists of everything shown below the PID number in the Description of Land segment of a title. (8) Preambles such as All and singular that certain parcel in the legal description must not be included. Similarly, reference to a strata lot owner s share in the common property must not be included. Statements such as That part of Lot 4 shown on may be used, if required. (9) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable: Rge = Range Tp = Township N = North W = West Bl = Block Dist = District S = South E = East Gp = Group Sec = Section DL = District Lot Version

226 LD = Legal Subdivision W6M = West of the Sixth Meridian Frac = Fractional THSL = Town of Hastings Suburban Lands KDYD = Kamloops Division, Yale District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District TID = Texada Island District YDYD = Yale Division, Yale District NWD = New Westminster District (10) It is not acceptable to include reference to a water, assessment, or improvement district or legal notations such as hereunto annexed is Easement No.. (11) The legal description must be recorded entirely within Item 1, legal description field, and must not continue onto a schedule. The legal description must be entered opposite the PID number field of the parcel it describes. Use 3 or 30 Parcel Schedules (12) If there is more than one legal description or if space is not sufficient in the legal description field for the complete legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the legal description field cannot be changed and the schedule must be completed or a new form started. (13) Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text. Use 3 Parcel Schedule has three fields for lengthy legal descriptions. For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Land Title Electronic Filing System (EFS) User s Guide at EXAMPLE: SEE SCHEDULE ENTERED IN ITEM 1 Version

227 State of Title Certificate (14) When a state of title certificate (STC) is requested by selecting the STC? YES check box and the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. If this option is not selected, the STC will be sent to the address shown in the application section. (15) Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number. Item 2 Description of Work Form Field Description of work field: enter a general description of the work done or material supplied or to be done or both. Item 3 Name of Person Indebted to Claimant Form Field Name of person indebted to claimant field: enter the name of the person who engaged the lien claimant, or to whom the lien claimant supplied material, and who will become indebted to the claimant. Item 4 Sum Owing Form Fields Line 1 Amount of claim field: enter the sum owing in figures. Line 2 Claimant name field: enter the name of the claimant. Note that the field continues on to the next line. Line 3 Date field: enter the date the sum claimed is due. Version

228 Item 5 Claimant Address for Service Form Fields Line 1 Claimant address for service field: enter the claimant s address for service. Line 2 Signature field: this field is hand signed when the form is printed. Line 3 Date field: enter the date of signing. Version