ANNOUNCEMENT OF PHASE 2 REQUIREMENTS TO FILE LAND TITLE FORMS ELECTRONICALLY October 31, 2011 Pursuant to s. 168.111 of the Land Title Act, I am announcing the second phase of requirements to file certain land title documents electronically in accordance with the attached implementation plan. Thank you to our many stakeholders who provided advice and feedback on the plan for the first two phases of Required E-filing. Your participation is essential in enhancing the efficiency, reliability and security of British Columbia s land title system. Craig D. Johnston Director of Land Titles Land Title Division Land Title and Survey Authority of British Columbia Land Title and Survey Authority of British Columbia: Announcement Page 1 of 5
REQUIREMENTS TO FILE LAND TITLE FORMS ELECTRONICALLY BACKGROUND The Land Title and Survey Authority of British Columbia (LTSA) launched the Electronic Filing System (EFS) in 2004 for the electronic submission of documents to the Land Title Office. The LTSA introduced electronic survey plan submissions to the Crown Land Registry in July 2006 and to the Land Title Office in early 2008. Since then, the capability to submit virtually all land title transaction types has been enabled. In 2010, the Land Title Act was amended with the addition of s. 168.111 as a result of the passage of the Miscellaneous Statutes Amendment Act No. 2, 2010 that came into force on June 3, 2010. Section 168.111 sets out the legal framework that empowers the Director of Land Titles to require that documents be filed electronically rather than in hardcopy format. A BC lawyer, notary public or land surveyor will be required to electronically sign a document or plan in accordance with the Director s requirements as part of an application to the Land Title Office. Once the document or plan has been electronically signed, the application can be submitted by other parties such as a paralegal or registry agent. PHASED IMPLEMENTATION OF REQUIRED E-FILING Under the provisions of s. 168.111, the Director can direct that a class of applications and Land Title Forms be submitted electronically to the Land Title Office. Requirements to file Land Title Forms electronically in the Land Title Office (Required E-filing) are being introduced in phases, with each phase specifying groups of similar application types that must be filed electronically using the LTSA s EFS. Please refer to the timeline on the next page. Upon completion of all phases, most documents and plans will be filed electronically with a very small number filed manually in hardcopy form. Land Title and Survey Authority of British Columbia: Announcement Page 2 of 5
STAKEHOLDER CONSULTATION The LTSA has conducted consultations with the following stakeholder groups on the implementation plan for Required E-filing: Law Society of British Columbia. Society of Notaries Public of BC. Association of BC Land Surveyors. Canadian Bar Association. BC Association of Professional Registry Agents. Canadian Bankers Association. Central 1 Credit Union. Union of BC Municipalities. BC Government through the Ministry of Attorney General. BC Housing. BC Paralegal Association and Victoria Legal Support Staff Association. Federal Government: Department of Justice and Canada Revenue Agency. Major utilities and rail companies. Major title insurers. Information was sent to software vendors serving the conveyancing community. Land Title and Survey Authority of British Columbia: Announcement Page 3 of 5
Advice was also solicited from the following groups of professionals that were created to assist the LTSA with its business modernization: The Business Transformation Advisory Committee (lawyers and notaries, including official representatives from the above associations). The Legal Community Advisory Task Force (lawyers, notaries and paralegals). The Land Surveyor Advisory Task Force (land surveyors). Thank you to everyone who provided feedback and advice. LAND TITLE FORMS REQUIRED TO BE ELECTRONICALLY FILED Phase 1 requirements were announced on March 11, 2011, and include common land title applications, such as Form A Transfers, Form B Mortgages, Form C Charges, and Form C Releases. Phase 2 requirements, all of which are effective May 7, 2012, include a broad variety of additional land title applications, such as Form 17 applications, Claims of Builders Lien and certain types of survey plans. A list of the Land Title documents required to be electronically filed, the dates requirements come into effect, and any applicable exemptions are set out in the Director s Requirements to File Land Title Forms Electronically (DR 06-11). REGISTRAR S DISCRETION TO GRANT EXCEPTIONS Section 168.111 provides the Registrar with discretion to accept an application or other instrument in hardcopy form despite a direction by the Director that such a class of documents be filed electronically. Exceptions will be made by registrars exercising discretion in extenuating circumstances where electronic submission is impractical. An example of such a circumstance would be the failure of an applicant s computer system. SUBSEQUENT PHASES The content and timelines for a subsequent phase of Required E-filing are expected to be announced in spring 2012. The subsequent phase may include land title documents and plans not included in this phase, and eliminate certain exemptions. FURTHER INFORMATION Required E-filing Information on the LTSA Website (http://www.ltsa.ca/electronic-filing-system/required-e-filing) More detailed information is posted to the LTSA website including: Land Title and Survey Authority of British Columbia: Announcement Page 4 of 5
Director s Requirements to File Land Title Forms Electronically (DR 06-11) which are the Director s formal approval document for Required E-filing. Questions and answers including sections for specific stakeholder groups and topics raised during stakeholder consultation. Online tutorials for obtaining a Juricert digital certificate in order to electronically sign Land Title Forms, and instructions on getting starting with EFS. EFS User s Guide with complete electronic filing instructions from how to set up a digital certificate or electronic payment authorization to submission of electronic documents and plans. Subscribe to the LTSA s e-newsletter, Land Title Matters, to receive future updates directly by completing the subscription form on the LTSA s website. EFS Training Self-directed online training resources can be accessed from the Required E-filing webpage at http://www.ltsa.ca/electronic-filing-system/required-e-filing Training for Land Surveyors: Land Surveyors who require training in how to file documents electronically through EFS may contact Nancy Pickell, Administrative Assistant to the Surveyor General, at Nancy.Pickell@ltsa.ca. Training for Legal Professionals, Notaries and Registry Agents: On-site training in the Lower Mainland and live webinar-based training for any area can be arranged by contacting the BC OnLine Help Desk at 1-800-663-6102 or 250-953-8200, or bcolhelp@accessbc.com. There is currently no charge for this training, and it is eligible for Law Society and Society of Notaries continuing professional development or education credits. Questions about Required E-filing may be directed: By email to EFS@ltsa.ca By telephone to the LTSA s Customer Service Centre at 604-660-0380 in the Greater Vancouver area or 1-877-577-LTSA (5872) elsewhere in BC. Land Title and Survey Authority of British Columbia: Announcement Page 5 of 5