The land title and survey systems of BC service a multitude of functions that are

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1 LTSA update News for our Stakeholders Spring 2009 Land Title and Survey Systems in BC More Than Meets the Eye The land title and survey systems of BC service a multitude of functions that are essential to BC s real estate and legal infrastructure and economic well-being. Maintaining an accurate and secure record of land title and survey information in BC is critical, not only to individual property owners, but also to a wide variety of other stakeholders. It is understandable how our efficient land title and survey systems could be taken for granted. Simply put, the LTSA s land title register and survey systems run smoothly and efficiently in the business background yet lay the legal foundation and title security to support some of the most significant transactions occurring in the province. In 2008, nearly 70,000 homes were sold in BC with a sales volume of $31 billion. Foundation of BC s Economy Perhaps the greatest benefit of having a centralized land title register and effective real estate laws is that it provides a fundamental underpinning for economic development based on the leverage of real property assets. The main source of capital used by individuals and small businesses to purchase and improve land or invest in business ventures is mortgage loans. Protecting Property Owners Interests The land title system is also a vehicle for protecting the interests of property owners who may find themselves involved in various legal or ownership situations. Over two dozen BC statutes rely on the land title register as the place where property owners legal interests may be registered on specific parcels of land in which they claim some form of interest. Property owners are able to rely confidently upon the records of the Land Title Office. Once a title is registered, it cannot be overturned so long as the owner acquired his or her interest in good faith and for valuable consideration. Continued on page 2 This quarterly newsletter focuses on and addresses issues of mutual interest and concern to the Land Title and Survey Authority of BC (LTSA) and our stakeholders. In this and coming issues, you ll learn more about the LTSA, meet some of our employees, and find out about the customers they serve. You ll gain some insight into how we re improving our business processes and systems to serve you better. We hope you enjoy reading the LTSA Update and we look forward to receiving your suggestions and comments. You can always reach us at update@ltsa.ca.

2 Continued from front page Supporting Business The land title system is also used to protect business owners and their employees. The most notable example is through the registration of a builders lien on the title of a property where a contractor has provided building services or materials but has not been paid. Environmental Protection The Land Title Act allows approved parties to hold covenants over land for conservation purposes. Conservation covenants are an inexpensive and effective alternative to purchasing land for environmental protection and the property owner receives a property tax reduction, making it a mutually beneficial solution. There are over 130 conservation covenants registered on environmentally sensitive properties throughout the province. The Public Interest One of the key strengths of the BC land title system is that it eliminates the need for exhaustive and expensive searches back through the historical chain of ownership to prove that a title is valid and ensure all encumbrances are discovered. To support their various land-related activities, government agencies and property owners rely heavily on the efficiency and security of our land title and survey systems. Benefits for All Stakeholders British Columbia s land title system is underpinned by a high quality survey structure and is well supported by qualified legal professionals. The land title system serves an important role in our society, and its associated benefits are shared by many stakeholders. If the land title system were to cease operating tomorrow, we would surely all be aware of its fundamental underpinning of our economic and social well-being. n LTSA Business Plan Now Available More information about the land title and survey systems in BC can be found in the three-year Business Plan describing the LTSA s priority activities for the 2009/10 to 2011/2012 fiscal years. The Business Plan outlines the initiatives and operational tactics that the LTSA will use to achieve our strategic objectives and priorities while recognizing the current economic challenges. The complete Business Plan can be viewed online. In the next issue Learn more about the Union of British Columbia Municipalities. Watch for another profile on a third-party product that supports EFS.

3 Steve Michoulas Joins LTSA Stakeholder Advisory Committee Mr. Steve Michoulas has joined the LTSA Stakeholder Advisory Committee representing the Canadian Bar Association. Mr. Michoulas practices as a Solicitor with Lang Michener LLP in Vancouver, with an emphasis on commercial real estate law and is currently Chair of the Canadian Bar Association Real Property Subsection (Vancouver). Steve also sits on the Developing Leaders Committee for NAIOP, the Commercial Real Estate Development Association, and is a contributing author for the Continuing Legal Education Society of BC Real Estate Practice Manual. Steve was called to the Bar in BC in 2003, having received his law degree from the University of British Columbia in He also holds a political science degree from UBC. The Stakeholder Advisory Committee operates to ensure that the LTSA Board and management are kept aware of any stakeholder concerns and recommendations related to land title and survey services. Committee members, representing 13 stakeholder groups, are nominated by the organizations that have an interest in the land title and survey framework. A current listing of Stakeholder Advisory Committee members and their biographies can be found on the governance page of n Today, econveyance has a client base of about 330 lawyer and notary firms in BC and 85 percent of them use EFS. EFS and Third-party Products Several Canadian companies offer products that support EFS. The first in this series of product profiles highlights an online conveyancing product called econveyance TM. Econveyance is a complete web-based conveyance system delivering over 700 forms, letters, and documents. The program offers complete and accurate compilation of EFS forms, including appropriate schedules. For example, a library of 96 lenders and the accompanying Form E schedules simplifies the process of putting together the EFS Form Bs and eliminates the need to scan and attach pages. In addition, econveyance integrates with EFS by enabling the ability to conduct title searches, transfer data from the search into the econveyance file, and seamlessly access the EFS submission window. Econveyance Manager of Sales and Support, Marci Henderson states that EFS and econveyance usage has been linked for many years, Starting with its first launch in April 2004 and continuing right up to today s Version 8, econveyance makes EFS easy. Many clients initiate the econveyance program as their first step in preparation for using EFS. In fact, adoption of EFS has paralleled adoption of econveyance from the very beginning. Today, econveyance has a client base of about 330 lawyer and notary firms in BC and 85 percent of them use EFS. Econveyance is designed for use by lawyers, notaries public, and realtors. The program is accessed through econveyance.com. Customers wanting to use the program can set up an econveyance account and pay a per-file charge. Econveyance users log into their account, complete, and file their EFS transactions accessed through BC OnLine and submit payment all through a single user interface. The econveyance support team is staffed by former conveyancers some with more than 20 years experience and offers ongoing training as well as assistance with starting out on e-filing. For more information about econveyance, visit or contact the help desk at ECONVEY. The LTSA has no affiliation with the products profiled here and articles are intended for information only. In future issues, watch for more stories about other products that support EFS. n

4 Q&A with Alisa Markley, EFS Getting Started Trainer 1. How did you come to train professionals on EFS? I started out as a registry agent in 1983 at what is now Dye & Durham BC and worked there for nearly 25 years. We went through six mergers and many changes. When I first started, we wrote out titles by hand, then the Automated Land Title Office System was introduced, and finally the LTSA implemented e-filing. In 2007, I heard that the LTSA and BC OnLine were looking for an EFS Trainer. I made a phone call and here I am today. 2. What trends do you see for EFS adoption? With the market slowing, customers are now able to focus on learning new skills. They have more time to research and take part in a training session. In some cases, customers are looking for ways to cut costs so the fact that EFS eliminates the need for couriers helps. Recent heavy snowfalls and traffic snarls, such as the Pattullo Bridge closure, have also encouraged customers to investigate other options to ensure business continuity even in poor weather conditions. Another aspect is peer pressure. Customers who don t use EFS have reported that they are feeling somewhat behind the times and can be passed over for certain business. Moreover with the recent introduction of new EFS forms allowing about 98 percent of documents to be e-filed, customers really see that EFS is the wave of the future and are ready to get on board. I am now getting more calls from firms that have been referred by other EFS users. Interest is also increasing in the Electronic Survey Plan (ESP) process. Since signatures and approvals for survey plans can be gathered concurrently and no plan copies need to be couriered around for approvals, the time and cost savings are appealing. 3. What do users say is the best thing about EFS? Speed, extended filing hours, convenience, and cost savings. A huge bonus for users is that they can now file with any Land Title Office with just the click of a button. No more arranging couriers and working around tight deadlines. Customers also like the fact that they control their own files and can access the information whenever they need it. Clients using the latest version of Adobe Acrobat with the latest electronic forms are now able to reorder the attachment pages within the application. 4. What is the most common feedback you hear from new EFS users? The most common feedback is usually: I wish that I had converted sooner I don t know why we waited so long The transition and learning experience was much smoother than expected 5. What surprises you most about EFS training? I am most surprised that more customers aren t taking advantage of the free training and support so that they can start to enjoy the many benefits EFS delivers, such as extended filing hours, speed, and convenience. 6. What do you like most about your job? Every day brings something different. I meet interesting people from all types of backgrounds. I enjoy teaching customers and seeing them learn something new and be willing to try it right away. I also enjoy the continued relationship and feedback hearing when customers are excited to report that they just completed their first e-filing or they have a question and would like some tips. 7. What types of EFS training are available and how can a customer arrange training? I conduct onsite training to customers in the Vancouver area and web training to those who are out of town. Interested customers can contact the BC OnLine Help Desk at and the message will be relayed to me. I then contact the customer directly to set up a training date that is convenient for all involved. There is no cost for training it s absolutely free. Tips on Getting Started with EFS Get trained. Contact the BC OnLine Help Desk at or to set up a free training session. Talk to other firms that have converted. Find out why it works for them. Start e-filing discharges and work your way up to a purchase or sale. You don t have to change everything all at once. Some registry agents provide e-filing services, so you can enjoy all the benefits of e-filing with the continued support of a registry agent. Phone your registry agent and find out if they offer these service.

5 Did you know? EFS Training Qualified for Society of Notaries Public and Law Society s Professional Development Program Credits Getting started on EFS is inexpensive and easy. And now EFS training sessions count as credits towards the Society of Notaries Public in BC and BC Law Society s approved Professional Development Programs. The LTSA and BC OnLine offer training at your office or via the Internet and ongoing telephone support, both at no cost to you. Training can be arranged by calling the BC OnLine Helpdesk at or BC Law Society Continuing Professional Development Program Effective January 1, 2009, all full and part-time practising lawyers in BC must complete a minimum of 12 hours of approved CPD Program education activities annually. All EFS training sessions held after January 1, 2009 to those individuals not yet using EFS count as two hours of CPD education. Read the CPD FAQs on the Law Society of BC s website at for more information about the new CPD Program requirement. Society of Notaries Public in BC Qualified Continuing Education Program All EFS training sessions held after July 1, 2008 are eligible for two credits. An confirmation to the individual stating that the training has occurred is sufficient proof to receive the credits. For more information visit User Tip: New Title Search and Document Retrieval System Earlier this year, the LTSA launched a new land title search and document retrieval system available through BC OnLine. The updated system reflects a modernized web site design and improved customer-usability standards. One of the new features of the new land title search and document retrieval system is the Shortcut menu. After selecting the desired function in the left navigation, simply right click your mouse as shown on the right. LTSA s title search and document retrieval system is offered through BC OnLine at Watch for further enhancements to the system to be introduced in May. n EFS Uptake Surpasses 43 Percent for April 2009 EFS and ESP uptake summary (April 1 to 30, 2009) EFS Paper EFS % Fee Simple 8,111 7, % Charges 12,307 12, % Releases 5,444 11, % Miscellaneous Applications 626 2, % All Application Types 26,488 34, % 5

6 New Appointment A Historical Moment: BC s First Modern Urban Treaty Cristin Schlossberger Deputy Surveyor General Cristin Schlossberger, BCLS, joined the LTSA as Deputy Surveyor General on April 6, Cristin received her commission as BC Land Surveyor #826 in May 2008 after serving articles with Gord Gamble, BCLS. She received her Canadian Board of Examiners for Professional Surveyors Certificate of Completion in 2006 and has over 10 years of survey experience managing diverse legal surveys with progressive private practice land surveying organizations. Cristin was most recently the Geomatics Manager for the offices of Focus Corporation in Cranbrook, BC. Some of the LTSA staff who helped with the Tsawwassen First Nation Final Agreement activities. L - R: Valerie Cole, Evelyn Pollard (Team Lead), Debra Spear, Sean MacDonald, Lorraine Peters, Craig Barker, Ian MacDonald (Deputy Registrar), Cecile Wood, Nelda Kabesh and Mike Thomson (Surveyor General). Photo by Bill Chapman On April 3, 2009, the Tsawwassen First Nation Final Agreement came into effect. It is the first urban treaty in the history of BC and the first modern treaty negotiated under the BC Treaty Commission process. In accordance with the final agreement, the Tsawwassen reserve has been abolished and federal and provincial lands were transferred to the Tsawwassen First Nation, with all parcels registered in the Land Title Office. Tsawwassen First Nation members may now hold a registered title to their own land. The treaty expands the band s land base from about 290 hectares to 724 hectares. It gives the band rights of refusal to Brunswick Point lands, guarantees the Tsawwassen people access to an allotment of the commercial fishery, and removes 135 hectares of land from the Agricultural Land Reserve (ALR) for industrial development. Plus, 227 hectares of new Tsawwassen lands will end up within the ALR, something that was not possible before the treaty, because the ALR does not apply to Indian reserves. The LTSA has worked closely over the last three years with the parties to develop and review legislative amendments,establish new procedures to accommodate the changes brought about by new legislation, and train and prepare staff to ensure a timely and effective registration of the Tsawwassen First Nation lands. Ian Smith (Special Advisor on Real Property Law), Ian MacDonald (Deputy Registrar, New Westminster Land Title Office), and Jeff Beddoes (Senior Deputy Surveyor General) must all be recognized for their leadership in bringing this registration to a successful conclusion. A special thank you must also be extended to Surveyor General Division Technologist Doug Ford and Senior Examiners of Title Sean MacDonald and Cecile Wood who provided yeoman service by examining more than 100 plans to ensure they met all legislative requirements. Approximately 1,000 documents were examined and registered by land title examiners in addition to the plans to bring the Tsawwassen First Nation land into the land title system. The Tsawwassen First Nation is a group of approximately 400 Coast Salish people who belong to the Hun qum i num linguistic group. n 6

7 Focus on Central 1 Credit Union by Darren Kozol Central 1 Credit Union is the central financial facility and trade association for the BC and Ontario credit union system. BC s first credit union was created in 1936 in South Burnaby in response to the economic hardships of the Great Depression. People were desperate to borrow funds, and the banks did not encourage small loans or savings accounts. Visibility and a voice on issues related to title security and the continuity of BC s efficient and safe land title and survey systems are important to both the well-being of Central 1 s core business and our members assets. Darren Kozol, Central 1 Credit Union On July 1 of last year, Central 1 Credit Union (formerly Credit Union Central of British Columbia) and Credit Union Central of Ontario combined as Central 1 Credit Union. Today, Central 1 Credit Union provides liquidity management, payments, Internet banking and trade association services to 196 member credit unions in BC and Ontario. Central 1 represents retail financial institutions that serve 2.8 million members in BC and Ontario and holds more than $60 billion in assets. By providing leadership and support to a network that operates nearly 875 retail branches in the two provinces, Central 1 gives a voice and acts as a conduit of information to a large portion of the population in those provinces. Central 1 also represents the diverse interests of our members through ties to federal and provincial regulatory agencies and various affiliated organizations providing insurance, technology, education, and wealth management services. This includes a valued seat on the LTSA s Stakeholder Advisory Committee. Retail mortgage lending is an important business for Central 1 s members. Even in these challenging economic times, Central 1 continues to perform well in our role as liquidity manager for member credit unions, with loans to credit unions averaging nearly $2 billion in Visibility and a voice on issues related to title security and the continuity of BC s efficient and safe land title and survey systems are important to both the well-being of Central 1 s core business and our members assets. Fraud education is central to making certain property owners are knowledgeable about the rare incidence of title fraud. The LTSA also has an important role, both proactively and in response to media coverage, to counteract alarmist views and promote the continuity of title security. In tandem, our members accept the onus to take the necessary precautions and conduct our own professional due diligence to ensure BC s land title and survey systems remain among the safest and most secure in the world. More information should also be communicated to credit union members around the benefits of the LTSA s EFS, such as extended filing hours, speed and convenience. Given the size of our member network and high rate of technology adoption, the opportunity is great. Reinforcement of the many benefits would help to encourage member credit unions to seek out legal professionals using the EFS accessed via BC OnLine or encourage e-filing adoption. For more information, visit Darren Kozol is General Counsel for Central 1 Credit Union. As General Counsel, Darren is responsible for both the legal department and overseeing Central 1 s Operation Manual department, which publishes policies, procedures, and contracts for BC credit unions. A BC native, Darren studied at Douglas College, Simon Fraser University and the University of British Columbia. n 7 All rights of the LTSA in this newsletter are reserved by the LTSA. No part of this newsletter may be reprinted or reproduced in any manner without written permission from the LTSA. This newsletter is a forum for discussion and sharing of information. The LTSA does not accept any responsibility for the opinions expressed in this newsletter by contributors who are not employees of the LTSA and such opinions are not to be attributed to the LTSA.