LTSA update News for our Stakeholders Spring 2012 Phase 3 Requirements to File Land Title Forms Electronically in the Land Title Office Craig Johnston, Director of Land Titles, has announced the third and final phase of requirements to file land title forms electronically. Phase 3 introduces requirements to electronically file all Land Title Act and Strata Property Act plans. The requirements have been issued pursuant to s. 168.111 of the Land Title Act and will come into effect on November 1, 2012. Requirements to electronically file have been developed in consultation with the professions that file with the Land Title Office, and other stakeholder groups. Read the announcement discussing requirements and exemptions for Phases 1, 2 and 3 of Required E-filing. The announcement refers to the updated Director s Requirements to File Land Title Forms Electronically (DR 06-11), version 1.4. In June 2010, the Land Title Act was amended with the addition of s. 168.111, which sets out the legal framework for the Director of Land Titles to require that documents and plans be filed electronically rather than in hardcopy format. Requirements to file land title forms electronically are being introduced in phases, with each phase specifying groups of similar application types that must be filed electronically using the LTSA s Electronic Filing System (EFS). Upon completion of all phases, most documents and plans will be filed electronically with a very small number that may still be filed manually in hardcopy form: Phase 1 requirements effective July 1, 2011 require Posting Plans to be filed electronically. Phase 1 requirements effective January 16, 2012 require Form A - Transfers, Form B - Mortgages, Form C - Charges, and Form C - Releases to be filed electronically. Phase 2 requirements effective May 7, 2012 includes a broad variety of additional land title applications, such as Form 17 applications with supporting documents, Claims of Builders Lien and all survey plans not requiring local government or provincial Approving Officer approval. Phase 3 requirements in effect November 1, 2012 will include all Land Title Act and Strata Property Act Plans including those requiring local government or provincial Approving Officer approval. Detailed information about Required E-filing and EFS training resources is available as follows: Consult the Required E-filing webpage. Read the Director s Requirements to File Land Title Forms Electronically (DR 06-11). Review Frequently Asked Questions about EFS and Required E-filing. Consult a checklist to get started using EFS. We appreciate the advice and feedback received from our many stakeholders during the planning for the phased introduction of Required E-filing. This participation has been essential in enhancing the efficiency, reliability and security of British Columbia s land title system. IN THIS ISSUE: Key Points for Approving Officers Regarding Electronic Filing LTSA Fee Increase and Information on ParcelMap BC Project Narrated Local Government E-filing Presentation Available on LTSA.ca Ministry of Finance Updates Property Transfer Tax Form Top 5 Reasons for Defect: E-filed Applications 2 2 3 3 3 LTSA Board and Stakeholder Advisory Committee Appointments The Director of Land Titles Retires Old Versions of Electronic Land Title Forms Second Group of Examiners Completes Training EFS Training is Still Available The Subdivision of Land Part Two: A Fable 4 5 6 6 7-8
Key Points for Approving Officers Regarding Electronic Filing The Land Title Act allows a subdivision plan to be prepared and submitted to the Land Title Office electronically. To assist Approving Officers (AO) with understanding electronic plans, the Land Title and Survey Authority of BC has compiled a list of key points to follow, including: Check that the Plan Number and Control Number are the same on the Certification Form and the Application Form. This ensures you are approving the version of the plan that will be submitted to the Land Title Office. Ensure that you are satisfied with all three statements regarding Section 219 covenants, if applicable (on the plan, on the application and on the covenant document). Physically sign a hard copy of the page(s) of the Application Form that are applicable to you. Return the signed page(s) to the applicant in hard copy and/or by fax or email. Confirm that the plan filed in the LTO has the control number that you expect. A full version of the document including expanded explanations and descriptions of requirements can be downloaded from the LTSA website. EFS training for local government is also available at your office or via a live webinar at no cost to you by calling the BC OnLine Helpdesk at 1-800-663-6102 or 250-953-8200. It is approved for credit by the Law Society of British Columbia s Continuing Professional Development Program and Society of Notaries Public of British Columbia s Qualified Continuing Education Program. Contact your professional organization for more information. LTSA Fee Increase and Information on ParcelMap BC Project Most Land Title and Survey Authority (LTSA) customer service fees increased by a very small amount on April 1, 2012. The LTSA had not increased fees since 2009. Land Title Act service fees are payable to the LTSA and remitted to both the LTSA and the Province. The fee increase, equal to the adjusted Consumer Price Index (CPI) increase over the past three years, was applied only to the LTSA s portion of its customer fees. As a result, there was a small net increase to customer fees. For example, the overall fee for an electronic title search increased by $0.05 from $8.90 to $8.95, including the $1.50 BC OnLine transaction fee. The LTSA operates on a fee-for-service basis and proceeds from the fee increase will be specifically applied to the development of ParcelMap BC, formerly known as the Consolidated Parcel Fabric. ParcelMap BC will be an authoritative electronic map representation of all private and Crown land parcels in BC. The electronic map will be a new multi-year project in support of the public interest for the LTSA aimed at better serving the spatial data needs of a diverse range of stakeholders from government to industry. Project planning is currently in early stages and the LTSA is actively consulting with stakeholders on how the electronic map will be defined and designed to best serve customers. Under its Operating Agreement with the Province, the LTSA may increase its portion of Land Title Act services fees annually by the adjusted CPI. The LTSA reviews the need for CPI increases annually. Current LTSA fees and fees can be viewed at www.ltsa.ca/fees SPRING 2012 2
Narrated Local Government E-filing Presentation Available on LTSA.ca narrated PowerPoint presentation, Electronic Filing System (EFS) and Required E-Filing: How Are Local Governments A Affected? is now available for download from the LTSA website. The presentation, originally presented during webinars conducted by Tim Jowett, Deputy Registrar for the New Westminster Land Title Office in 2011, is available in seven separate sections: Introduction to the LTSA and Business Modernization User Benefits of Electronic Filing Electronic Forms What is a Subscriber? Required E-Filing Local Government EFS Help and Contact Information Each file is formatted as a PowerPoint 2007 show and designed to run full screen. Users must have PowerPoint 2007, the 2007 Viewer or an older version of PowerPoint with the compatibility pack installed so that posted PPTX/PPSX files can be opened correctly. After downloading the file, if it does not open as a PowerPoint show, users can alternatively open the presentation in PowerPoint and then click on Slide Show > From Beginning to view the show from the first slide. As more presentations are completed, additional narrated slideshows will be posted to the LTSA website. Ministry of Finance Updates Property Transfer Tax Form The Ministry of Finance has authorized a new Property Transfer Tax Form (version 22) effective April 15, 2012. The updated form is available for download from the Electronic Filing System (EFS) page or BC OnLine. For more information, please visit the Ministry of Finance website. IMPORTANT PTT form versions 21 and earlier will receive a warning message when submitted in EFS. While they are not being rejected at this time, we strongly recommend downloading and using version 22. Top 5 Reasons for Defect: E-filed Applications 1 2 3 4 5 Not using the appropriate form declaration. Capacity of Officer omitted from the application. The wrong EFS Form 17 has been used. Formatting errors due to extensive use of BOLD type and not using a schedule when there is more than one transferee. Schedules are missing from the application.. SPRING 2012 3
LTSA Board Appointments William (Bill) Cottick Mr. William (Bill) Cottick and Mr. Roderick V. Naknakim have joined the LTSA Board of Directors, having been nominated by the Law Society of British Columbia and First Nations Summit respectively. William Cottick currently practices corporate/commercial and transportation law in Victoria, British Columbia. He has over 18 years experience as a senior legal officer and member of the executive leadership team of a number of large Canadian public companies, including Wardair, Laidlaw and Jannock, and most recently was Executive Vice President and General Counsel at BC Ferries. He holds law degrees from the University of British Columbia and the University of London (LSE), and an MBA from the Richard Ivey School of Business, University of Western Ontario. Roderick V. Naknakim, member of the We Wai Kai First Nation, and a lawyer since 1978, specializes in Aboriginal law and is an Associate of the law firm Hobbs Hargrave. He is presently the Chief Negotiator for the Laich-Kwil-Tach Treaty Society which represents three Nations, We Wai Kai, Wei Wai Kum and Kwiakah. Mr. Naknakim is also Vice President of the Nuyumbalees Cultural Centre and Board member of Cape Mudge Resort Ltd. Mr. Naknakim holds a law degree from the University of British Columbia. To view the complete LTSA Board of Directors list, please visit www.ltsa.ca Roderick V. Naknakim LTSA Stakeholder Advisory Committee Appointments Chuck Salmon Emiko Ando Mr. Chuck Salmon and Ms. Emiko Ando have joined the LTSA Stakeholder Advisory Committee representing the Association of British Columbia Land Surveyors (ABCLS) and the Canadian Bankers Association respectively. Mr. Salmon is a professional British Columbia Land Surveyor with over 47 years of experience in land surveying. He has 10 years of senior executive management with the Association of BC Land Surveyors (ABCLS), 16 years as a member of the Board of the ABCLS and 10 years of senior management experience with the Province of British Columbia. Mr. Salmon received the Award for Meritorious Service from the ABCLS in 2005 and was elected to Life Membership in the ABCLS in 2012. He has been a volunteer with Scouts Canada for 35 years working as a leader as well as serving on Regional, Provincial and National Committees. Emiko S. Ando has worked as in-house counsel in the financial services industry for over 15 years. Prior to working at HSBC Bank Canada, she managed the Western Canada Law Department of the Royal Bank of Canada. Ms. Ando was called to the bar in British Columbia in 1992. She obtained her law degree from the University of British Columbia in 1991 and a business degree from McGill University in 1988. Ms. Ando has served on various Canadian Bar Association and Law Society of British Columbia committees including the Banking Section Legislative Liaison, Women Lawyers Forum Education Committee and Practice of Law Committee. Ms. Ando received her Graduate Certificate in Executive Coaching from Royal Roads University in 2009 and is a Certified Executive Coach. She has also operated a small business and produced two award-winning short films. SPRING 2012 4
The Director of Land Titles Retires Old Versions of Electronic Land Title Forms as of June 30, 2012 The Director of Land Titles is notifying all electronic filing users that only the current and future versions of electronic land title forms are to be used for electronic submissions to the Land Title and Survey Authority s Electronic Filing System (EFS). All older versions of electronic land title forms will be retired as of June 30, 2012. Once retired, old versions of electronic land title forms will not be accepted for registration if executed after the retirement date. The list of affected electronic land title forms with older versions to be retired and the valid version numbers acceptable for filing in EFS are as follows: FORM 17 - FEE SIMPLE version 8. FORM 17 - CHARGE, NOTATION OR FILING version 8. FORM 17 - CANCELLATION OF CHARGE, NOTATION OR FILING version 9. FORM A - FREEHOLD TRANSFER version 19. FORM B - MORTGAGE version 19. FORM C - GENERAL INSTRUMENT - CHARGE version 18. FORM C - GENERAL INSTRUMENT - RELEASE version 18. CLAIM OF BUILDERS LIEN version 17. DECLARATION version 18. LTO APPLICATION TO DEPOSIT PLAN version 9. STRATA PROPERTY ACT FILING version 6. SURVEYOR REGISTRATION version 6. LTO SURVEY PLAN CERTIFICATION version 8. Current versions of the electronic land title forms can be downloaded from the LTSA website or from the Download Form Templates page in EFS. Users who submit older versions of the electronic land title forms currently receive a warning when such forms are submitted in EFS. These retired forms will be subject to a Notice Declining to Register as of June 30, 2012. New versions of electronic land title forms are issued from time to time as approved by the Director of Land Titles. In addition, previous versions of these electronic forms may be removed from the approved list. Persons making use of the electronic filing system are responsible for ensuring they only use the most current versions of the electronic forms. The majority of the current versions of electronic land title forms have been in use since June 2011. Requirements in respect of the electronic land title forms are set out in DR 01-11 Director s Requirements for Electronic Forms. SPRING 2012 5
Second Group of Examiners Complete Training On April 30, 2012, a second group of LTSA Examiner of Title trainees completed their training in 2012 and twelve were elevated to fully qualified Examiners. This group represents the fifth wave of Examiners to graduate. As part of their training, Examiners will have new tools at their disposal to improve access to information in the Land Title Register and electronic resource materials. With the LTSA s Electronic Filing System (EFS) and the implementation of the Required E-filing of certain land title documents, assisted examination systems and processes are examining routine electronically submitted packages, with fully automated examination still being tested by Examiners. With these examination aids, newly qualified Examiners will be able to devote more resources towards examining more complicated land title package submissions. Over the past several years, Examiner Trainees have been hired in anticipation of retirements among long-serving Examiners in Victoria, New Westminster and Kamloops. The LTSA will not continue to hire Examiner Trainees in the same volumes as recently, as assisted and automated examination will streamline Examiners work. Craig D. Johnston, Director of Land Titles, giving his congratulatory message to the new Examiner of Title graduates. EFS Training is Still Available EFS training is available at your office or via a live webinar at no cost to you by calling the BC OnLine Helpdesk at 1-800-663-6102 or 250-953-8200. It is approved for credit by the Law Society of British Columbia s Continuing Professional Development Program and Society of Notaries Public of British Columbia s Qualified Continuing Education Program. Contact your professional organization for more information. Do You Use Social Media? The LTSA is building its presence on social media networks. A page has been set up on Linkedin, and all interested stakeholders are invited to follow us. Our page can be found at: www.linkedin.com/companies/land-title-and-surveyauthority-of-british-columbia Followers of the Linkedin page can receive the latest news and updates from the LTSA, as well as connect with LTSA staff. Other social media networks are currently being examined, and as the LTSA builds its presence online, stakeholders will be informed on how they can connect with us. LTSA invites you to subscribe Stay on top of land title practice and policy changes. Learn about enhancements to our services accessed via BC OnLine and how we are improving business processes and systems to serve you better. Subscribe to the LTSA s e-newsletter Land Title Matters to help you to stay informed. Please send an email to update@ltsa.ca to subscribe. SPRING 2012 6
The Subdivision of Land Part Two: A Fable by Jeff Beddoes, Senior Deputy Surveyor General In the last issue of the LTSA Update, Jeff Beddoes wrote on how a parcel of land is subdivided. In this issue, Jeff provides a fictitious example to illustrate the process. ABC Developments Company has acquired a parcel of land in a municipality in the Fraser Valley. The parcel is two hectares in size, abuts the Trans-Canada Highway, and is currently zoned for light industrial use with a 0.5 hectare minimum parcel size. Fortunately for ABC Developments, the municipality has recently adopted a revised Official Community Plan that shows the use of the subject parcel and surrounding area as residential. Also fortunate for ABC Developments, the subject parcel was removed from the Agricultural Land Reserve (ALR) several years ago because the population in the municipality was quickly increasing, which also incidentally was the impetus for the updated Official Community Plan. Had the parcel been in the ALR, the development company would have had to make an application to the Agricultural Land Commission to remove the land from the Reserve. ABC Developments wish to create a 15-lot subdivision. The first hurdle the company must overcome is to ensure the zoning of the parcel allows the intended use. In this case, it does not. ABC Developments makes an application to the municipality to rezone the parcel to allow their desired use and the proposed density. Rezoning the Parcel The rezoning process is outlined through the Community Charter that requires public notification, a public hearing, and consideration by the municipality s Zoning and Development Committee or equivalent, and ultimately consideration by the municipal council. ABC Developments follow this process and achieve support for their rezoning application. This support has been given only after a number of changes to the company s initial proposal and is subject to several conditions. Through the public consultation process, it was determined that the proposed density of 15 new parcels was higher than the local government could support. Additionally, the rezoning was subject to the specific placement and shape of the new parcels within the original two-hectare parcel. Nevertheless, the two-hectare parcel is now zoned to support a subdivision that would result in 10 new parcels, if all conditions of the rezoning are met and subdivision approval ultimately obtained. The municipal approving officer, in consultation with the planning department and the engineering department, considers an application by ABC Developments to create 10 new lots. Additionally, the subdivision proposal may be referred to as many as 20 outside agencies for comment, potentially including the Ministry of Health and the federal Department of Fisheries and Oceans. As the parcel is now appropriately zoned, it is determined that 10 parcels can be created but there are a few more conditions. Public park dedication is required. ABC Developments must pay $10,000 per lot as a Development Cost Charge (DCC). The $100,000 DCC will be placed into the municipality s bank account for infrastructure improvements in another part of the municipality at a later date. ABC Developments must dedicate land as road to widen First Avenue, the municipal road that will be used to access the new parcels, in front of the development. The company will pay to construct new road to access the new parcels and pay to construct sewer and water infrastructure, and other utility services. As well, it will be responsible for all costs to construct sidewalks and provide landscaping in front of the development and for 100 metres up and down First Avenue beyond the development. Because the two-hectare parcel is adjacent to the Trans-Canada Highway a controlled-access highway ABC Developments must also approach the Provincial Approving Officer who has jurisdiction over the highway. As a condition of providing provincial approval for the subdivision, the Provincial Approving Officer seeks the dedication for road of a 10-metre-wide strip along the length of the property, adjacent to and contiguous with the edge of the highway. (continued on next page) SPRING 2012 7
The Subdivision of Land Part Two: A Fable (continued) Letter of Preliminary Approval So, after a number of revisions to the proposed development plan and the subdivision plan and the payment of various fees, the municipality issues a letter of preliminary or conditional approval for the subdivision. This letter Includes details on the required infrastructure improvements and DCCs; and Contains a list of all the requirements that must be met before the Provincial Approving Officer is able to give final approval to the subdivision plan. These requirements include creating a subdivision as shown on the final revision to the subdivision design plan; arranging installation of utilities and road, curbs, and sidewalks to appropriate engineering standards as outlined above; paying any approval fees; and placing covenants to restrict building on certain portions of the new parcels due to some ground instability. A land surveyor conducts a field survey to first define the extent of the parcel being subdivided, and second to place survey monuments at the corners of all the new parcels, road dedications, the Park, and the areas of each parcel affected by the covenant. A subdivision plan and a reference plan defining the covenant area are drafted. Engineers design all the utilities the water and sewer lines, the power distribution system, and roads. Construction contractors are employed to install the utilities and construct the road. Because the development work is completed in November, the landscapers cannot complete the requisite landscape work up and down First Avenue as required by the municipality as a condition of approval. Because the developers are paying interest on a $2 million loan, they are quite anxious to have the subdivision plan completed and registered in the Land Title Office. ABC Developments approach the municipality and reach an agreement whereby they will complete the landscaping in the Spring. To ensure this occurs or that funds are available should the developer not do this, the municipality requires that security be posted in the form of a letter of credit, bond, or cash, to which ABC Developments agree. Final Steps Municipal inspectors have visited the site throughout construction of the development and confirm to the City Engineer, the planning department, and the Approving Officer that other than the requisite landscaping all the conditions of the preliminary approval have been met. The conditions include utilities that have been properly constructed and sidewalks and roads that have been properly completed. ABC Developments Notary prepares the covenant documents. The land surveyor gives the subdivision and reference plan to her. The Notary obtains the signatures of all the owners, the lending institution, and charge holders whose interests are affected by the subdivision on the subdivision plan. The subdivision plan and covenant documents are submitted to the municipal Approving Officer for approval. Once the officer approves and signs the subdivision plan, it is returned to the Notary. The plan is then submitted to the Provincial Approving Officer for final approval. He signs his approval on the plan, which is then returned to the Notary. At this time, all owners, charge holders, the financial institution, and both the Provincial Approving Officer and the municipal Approving Officer have provided their consent on the subdivision plan*. The Notary then submits for registration the subdivision plan, the reference plan that defines the covenant areas, and all the appropriate documents to the New Westminster Land Title Office. Land Title Office staff carefully review the plans, existing title records, and all the new documents. Once all is determined to be in order, the Land Title Office accepts the plans and documents for registration and creates new certificates of title to each of the 10 new parcels. ABC Developments are now in a position to convey the new parcels. *Although electronic documents and legal plans are the norm for many BC notaries, land surveyors, and lawyers, for ease of explanation I have referred to the plan in this fable as being a physical thing. The LTSA s Electronic Filing System (EFS) accommodates, and in fact, simplifies the gathering of consents and approvals and the transmission of the plans and documents. SPRING 2012 8