| Contents |
| Part 1 — Definitions, Interpretation and Application |
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1 | Definitions |
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2 | References |
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3 | Application to Strata Property Act |
| Part 2 — Land Title Offices and Officers |
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4 | Land title districts |
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5 | Power to constitute and change districts |
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6 | Land title office |
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7 | Continuation of existing offices and records |
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8 | Duty of registrar to provide records affecting land in new district |
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9 | Director of Land Titles |
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10 | Registrar and staff |
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11 | Deputy registrar and assistant deputy registrar |
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12 | Evidence of authority of officials to act in certain cases |
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13 | Qualifications for appointment to office |
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14 | Prohibition of officers and staff acting in conflict with duties |
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15 | Official seal |
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16 | Office hours |
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17 | Repealed |
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18 | Protection of director and registrar from personal liability |
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19 | Exemption of registrar from attendance as witness in court |
| Part 3 — Registration and Its Effect |
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20 | Unregistered instrument does not pass estate |
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21 | Unregistered instruments executed and taking effect before July 1, 1905 |
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22 | Operation of instrument as from time of registration |
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23 | Effect of indefeasible title |
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24 | Title by prescription abolished |
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25 | Protection of registered owner against actions for recovery of land |
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25.1 | Void instruments — interest acquired or not acquired |
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26 | Registration of a charge |
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27 | Notice given by registration of charge |
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28 | Priority of charges based on priority of registration |
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29 | Effect of notice of unregistered interest |
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30 | Notice of unregistered interest as affecting registered owner of charge |
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31 | Priority of caveat or certificate of pending litigation |
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32 | Validity of registered voluntary conveyance |
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33 | Equitable mortgage or lien not registrable |
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34 | Registration of indefeasible title by court order |
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35 | Admissibility of instruments |
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36 | Completion of registration |
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37 | Registration effective from time of application |
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38 | Registrar to create official record of instruments and documents |
| Part 4 — Forms of Instruments |
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39 | Registrable instruments |
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40 | Order in Council transferring government rights in highway |
| Part 5 — Attestation and Proof of Execution of Instruments |
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41 | Definitions |
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42 | Witnessing and execution |
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43 | Witnessing — individuals |
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44 | Witnessing — corporations |
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45 | Witnessing — individual power of attorney |
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46 | Witnessing — corporate power of attorney |
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47 | Witnessing — persons not fluent in English |
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47.1 | Repealed |
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48 | Execution under seal |
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49 | If instrument not witnessed |
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50 | Defects |
| Part 6 — Powers of Attorney |
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51 | Deposit of power of attorney on registration of instrument |
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52 | Attorney's powers extend to after acquired land |
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53 | Index of powers of attorney |
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54 | Effect of execution of second power of attorney |
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55 | Power of personal representative or trustee |
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56 | Power of attorney valid for 3 years only |
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57 | Revocation of power of attorney |
| Part 7 — Descriptions and Plans |
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Division 1 — General |
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58 | Description of land |
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59 | Public official plan |
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60 | Description in Crown grant |
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61 | Registration of title to Esquimalt and Nanaimo Railway Company land |
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62 | Subsequent descriptions of land |
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63 | Description by parcels shown on subdivision plan |
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64 | Substitution for metes and bounds or abbreviated description |
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65 | Assignment of distinguishing letter to remainder |
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66 | Assignment of distinguishing letter by registrar |
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67 | Requirements as to subdivision and reference plans |
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68 | Posting plan |
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69 | Block outline survey |
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70 | Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant |
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71 | Composite plans |
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72 | When composite plan not to be deposited |
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Division 2 — Subdivision of Land |
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73 | Restrictions on subdivision |
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73.1 | Lease of part of a parcel of land enforceable |
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74 | Method of defining new parcel |
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75 | Requirements for subdivisions |
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76 | Relief from requirements established by section 75 |
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Division 3 — Appointment, Powers and Duties of Approving Officers |
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77 | Appointment of municipal approving officers |
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77.1 | Appointment of regional district and islands trust approving officers |
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77.2 | Provincial approving officers |
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77.21 | Appointment of treaty first nation approving officers |
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77.3 | Nisga'a approving officer |
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78 | Certain designations prohibited on subdivision plans |
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79 | Repealed |
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80 | Controlled access highways |
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81 | Land in improvement districts |
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82 | Repealed |
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Division 4 — Approval of Subdivision Plans |
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83 | Tender of plan for examination and approval |
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83.1 | Referral to designated highways official |
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84 | Plan tendered later than 3 months after survey |
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85 | Time limit for approval and consideration of public interest |
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85.1 | Environmental Management Act requirements must be met |
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86 | Matters to be considered by approving officer on application for approval |
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87 | Local government matters to be considered by approving officer |
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88 | Approval of plan |
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89 | Appeal to Supreme Court |
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90 | Power of Lieutenant Governor in Council to prohibit deposit of plan |
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Division 5 — Deposit of Subdivision Plans |
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91 | Approval of subdivision plan required |
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92 | Application for deposit |
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93 | Title to land in plan required to be registered |
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94 | Endorsement of certificate |
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95 | Accreted land within plan |
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96 | Water boundary deemed to be natural boundary |
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97 | Signatures of owners to plan |
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98 | New indefeasible titles for parcels shown on deposited plan |
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Division 6 — Other Methods of Defining New Parcels |
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99 | Registrar to determine whether description of land acceptable |
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100 | Re-establishment of boundaries |
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101 | Principles guiding approving officer |
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102 | Dedication by reference or explanatory plan |
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103 | Execution of plan by owner |
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104 | Serial deposit number |
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Division 7 — Conflicting Measurements |
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105 | Power of registrar if measurements on plans conflict |
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106 | Power of registrar to correct errors, defects or omissions |
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Division 8 — Vesting of Title by Deposit of Plan |
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107 | Dedication and vesting |
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108 | If designation on plan "Returned to Crown in right of the Province" |
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109 | Extinguishment of highway not shown on plan |
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Division 9 — Amendment of Plan |
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110 | Amendment of deposited plan in certain cases |
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Division 10 — Penalties If Plan Not Deposited |
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111 | Rights of purchaser when plan not deposited |
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112 | Penalty for failure to deposit plan of subdivision |
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Division 11 — Statutory Right of Way Plans |
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113 | Deposit |
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114 | Statutory right of way plan may be used in application to register fee simple |
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115 | Deposit of statutory right of way plan |
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116 | Requirements of statutory right of way plans |
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117 | Widening of statutory right of way |
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118 | When water boundary deemed natural boundary |
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119 | Alteration in deposited statutory right of way plan |
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Division 12 — Plans and Descriptions to Accompany Bylaws |
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120 | Municipal bylaw cancelling highway or public square dedication |
| Part 8 — Cancellation of Plans |
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121 | Definitions and interpretation |
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122 | Cancellation of plans by application to the registrar |
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123 | Petition to cancel plan |
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124 | Report of approving officer and district highways manager |
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125 | Service of petition and other documents |
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126 | Publication and posting |
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127 | Notice of intention to appear |
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128 | Place of hearing |
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129 | Powers of registrar in relation to the hearing |
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130 | Duties of registrar on hearing the petition |
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131 | Powers of the registrar to cancel or alter a plan |
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132 | Opposition by local authority |
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133 | Opposition by minister |
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134 | Preparation and registration of order |
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135 | Registrar may vest an estate in fee simple |
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136 | Cancellation by minister of plan comprising Crown land |
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137 | Cancellation of interior lines |
| Part 9 — Air Space Titles |
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138 | Definitions |
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139 | Air space is land |
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140 | Covenant to grant easements or to convey restrictive covenants not implied |
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141 | Subdivision of land into air space parcels |
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142 | Air space parcels in respect of highways |
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143 | Air space plan |
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144 | Air space plan |
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145 | Taxation |
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146 | Application |
| Part 10 — Applications for Registration and Evidence in Support |
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147 | Application required |
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148 | Form and manner of applying |
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149 | Address of applicant |
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150 | Particulars as to witness and parties to instrument |
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151 | Repealed |
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152 | Description of foreign government |
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153 | Time of application |
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154 | Application for registration of fee simple |
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155 | Application for registration of charge |
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156 | Application must be for all lands or charges comprised in instrument |
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157 | Forms |
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158 | Restrictions as to scope of application |
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159 | Registrar may require deposit of instruments |
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160 | Summons to produce instruments |
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161 | Application to court to compel production or deposit of instruments |
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162 | Powers of court on hearing |
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163 | Notice of intention to register |
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164 | Registration after notice |
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165 | Corporate powers assumed |
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166 | Disposal of instruments deposited |
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167 | Withdrawal of application |
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168 | Summary rejection of defective application |
| Part 10.1 — Electronic Filing |
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Division 1 — Interpretation |
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168.1 | Definitions |
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168.11 | Repealed |
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Division 1.1 — Establishment of Electronic Forms and Electronic Filing |
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168.111 | Powers respecting electronic forms and filing |
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Division 2 — Electronic Applications and Instruments |
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168.12 | Provisions inapplicable to electronic instruments and applications |
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168.2 | Effect of electronic applications and instruments |
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168.21 | Form and manner of completion |
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168.3 | Signing requirements |
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168.31 | Delivery of electronic instruments |
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168.4 | Submitting electronic applications and instruments |
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168.41 | Supporting documents |
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168.42 | Corrective declarations |
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168.5 | Electronic instrument taking effect as a deed |
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168.51 | Production of evidence |
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168.6 | Evidentiary matters |
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168.61 | Admissibility of true copy of electronic instrument |
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168.7 | Disposal of electronic applications and instruments |
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Division 2.1 — Electronic Plan Applications and Electronic Plans |
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168.712 | Provisions applicable to electronic plan applications and electronic plans |
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168.72 | Effect of electronic plan applications and electronic plans |
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168.721 | Form and manner of completion |
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168.722 | Assignment of serial deposit numbers to electronic plans |
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168.73 | Signing requirements for electronic plans — British Columbia land surveyor |
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168.731 | Signing requirements for electronic plan applications — persons other than subscribers |
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168.732 | Signing requirements for electronic plan applications — subscribers |
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168.74 | Submitting electronic plan applications and electronic plans |
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168.741 | Supporting documents |
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168.742 | Corrective declarations |
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168.743 | Amendments to electronic plans |
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168.75 | Production of evidence |
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168.76 | Evidentiary matters |
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168.761 | Admissibility of true copy of electronic plan application or electronic plan |
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168.77 | Disposal of electronic plan applications and electronic plans |
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Division 3 — Certification of Subscribers |
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168.71 | Repealed |
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168.79 | Certification authority |
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168.8 | Certification practice statement |
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168.81 | Warranties of certification authorities |
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168.82 | Immunity |
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Division 4 — General |
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168.9 | Offences |
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168.91 | Repealed |
| Part 11 — Registration of Title in Fee Simple |
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Division 1 — First Registration |
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169 | Registration of title |
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170 | Requirements as to production of title deeds |
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171 | Adverse possession |
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172 | First estate of inheritance necessary to registration of fee simple |
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173 | Several persons interested in registration |
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174 | Application to convert absolute fee into indefeasible title |
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Division 2 — The Register and Duplicate Indefeasible Titles |
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175 | Register and records |
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176 | Duplicate indefeasible title |
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177 | Registration of joint tenants |
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Division 3 — General |
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178 | Limitation on number of parcels |
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179 | Rights of owner of surface |
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180 | Recognition of trust estates |
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181 | Interest or right reserved to transferor |
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182 | Registration of restrictive covenants and easements |
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183 | Entries carried forward from original entry |
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184 | Registration of grantor a condition precedent |
| Part 12 — Transfers |
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185 | Form of transfer |
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186 | Implied covenants |
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187 | Registration of transferee |
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188 | Registration by amendment to register |
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189 | Dealings with duplicate indefeasible title on transfer |
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190 | Destruction of duplicate indefeasible title |
| Part 13 — Dealings With Indefeasible Title Other Than by Registration |
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191 | Registration of new indefeasible title and change of name |
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192 | Registration of several indefeasible titles instead of original |
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193 | Lost indefeasible certificate of title |
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194 | Effect given to new or provisional indefeasible title |
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195 | Surrender of duplicate indefeasible title on registration of charge |
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196 | Provisional title may issue to minerals |
| Part 14 — Registration of Title to Charges |
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Division 1 — General |
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197 | Registration of charges |
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198 | Registration of person creating charge |
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199 | Registration of subcharges |
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200 | No subright to purchase registrable |
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201 | Registration of assignment of charge |
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202 | Repealed |
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203 | Floating charges on land |
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204 | Registration of debt to the government as a charge |
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205 | Writ of affecting land |
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206 | Registration of transfer, extension or modification of charges |
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207 | Form of postponement |
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208 | Certificates of charge |
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209 | Transfer of mortgage |
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Division 2 — Judgments |
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210 | Registration of judgments in same manner as charge |
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211 | Registration of assignment of judgment and form of assignment |
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212 | Notice to judgment creditor of intention to register |
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213 | Costs on failure to establish priority |
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214 | Form of release |
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Division 3 — Certificate of Pending Litigation |
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215 | Registration of certificate of pending litigation in same manner as charge |
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216 | Effect of registered certificate of pending litigation |
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217 | Effect of certificate of pending litigation if prior application is pending |
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Division 4 — Statutory Rights of Way, Miscellaneous Covenants and Easements |
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218 | Statutory right of way |
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219 | Registration of covenant as to use and alienation |
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220 | Statutory building scheme and letting scheme |
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221 | Requirements of registrable restrictive covenant |
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222 | Discriminating covenants are void |
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223 | Subdivision of dominant tenement |
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Division 4.1 —
Party Wall Agreements |
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223.1 | Definitions |
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223.2 | Binding effect |
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Division 5 — Mortgages |
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224 | Definition |
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225 | Form of mortgage |
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226 | Modification of standard terms |
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227 | Prescribed standard mortgage terms |
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228 | Filed standard mortgage terms |
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229 | Receipt of standard mortgage terms by mortgagor |
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230 | Registrar may require filing |
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231 | Effect of a mortgage |
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Division 6 — General Instruments |
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232 | Definitions and application |
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233 | Form of general instrument |
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234 | Modification of standard terms of general instrument |
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235 | Filed standard general instrument terms |
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236 | Effect of a general instrument |
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237 | Release of registered charge |
| Part 15 — Instruments |
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238 | Registration of instruments |
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239 | Floating charges on land |
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240 | Suspension and alteration |
| Part 16 — Cancellation of Charges |
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241 | Cancellation of registration of charge |
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242 | Application to cancel mortgage created by vendor |
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243 | Redemption of mortgage if mortgagee absent |
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244 | Mortgagee's refusal or neglect to give discharge |
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245 | Vesting order in favour of purchaser |
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246 | Cancellation if charge determined by effluxion of time |
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247 | Cancellation of lease on breach of covenant |
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248 | Effect of cancellation |
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249 | Power of court to order cancellation of charge |
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250 | Cancellation of charge on payment into court |
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251 | Application to court |
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252 | Cancellation of certificate of pending litigation |
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253 | Cancellation of certificate of pending litigation if action discontinued |
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254 | Cancellation of certificate of pending litigation if action dismissed |
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255 | If action neither dismissed nor discontinued |
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256 | Cancellation of certificate of pending litigation on other grounds |
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257 | Power of court to order cancellation |
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258 | Cancellation of registration |
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259 | Discharge of mortgage |
| Part 17 — Transmission of Fee Simple and Charge |
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Division 1 — General |
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260 | Registration of transmission before subsequent dealing |
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261 | Conveyance under Court Order Enforcement Act or Builders Lien Act |
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262 | Registration of land vested in Crown by statute |
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Division 2 — On Death of Testator or Intestate |
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263 | Definitions |
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264 | Power and title of personal representative on registration |
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265 | Death before April 1, 1947 |
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266 | Death after March 31, 1947 |
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267 | Discharge of mortgage |
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268 | When resealing may be dispensed with |
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Division 3 — On Death of Joint Tenant |
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269 | Transmission re joint tenancies |
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270 | Discharge of mortgage by surviving joint tenant |
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Division 4 — On Foreclosure |
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271 | Presumption as to regularity of foreclosure and cancellation proceedings |
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Division 5 — Tax Sales |
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272 | Notice of tax sale as to each parcel sold |
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273 | Notice of redemption of tax sale land |
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274 | Application to other Acts |
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275 | Registration of tax sale purchaser under Taxation (Rural Area) Act |
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276 | Effect of registration of title derived from tax sale |
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277 | Provincial tax sale purchaser under repealed Acts |
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278 | Land forfeited to or vested in Crown |
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279 | Tax sales held under Taxation (Rural Area) Act |
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280 | Application to the government |
| Part 18 — Notice of Certain Conditions and Obligations |
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281 | Forest Act
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| Part 19 — Caveats |
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282 | Lodging caveat |
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283 | Right of registered owner to lodge caveat |
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284 | Power of court to issue injunction |
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285 | Power of registrar to lodge caveat |
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286 | Form of caveat |
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287 | Duty of registrar on receipt of caveat |
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288 | Effect of caveat |
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289 | Proceedings for discharge of caveat |
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290 | Withdrawal of caveat |
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291 | Further caveat lodged after caveat has lapsed, been withdrawn or discharged |
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292 | Registration of withdrawal, lapse or discharge of caveat |
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293 | Lapse of caveat |
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294 | Compensation if caveat lodged wrongfully |
| Part 19.1 — Land Title and Survey Authority Assurance Fund |
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294.1 | Definition |
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294.11 | Establishment and maintenance of assurance fund |
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294.12 | Application of this Part |
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294.2 | Remedies of person deprived of land |
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294.21 | Protection of purchaser in good faith and for value |
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294.22 | Fault of registrar |
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294.3 | Notice of actions against Land Title and Survey Authority |
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294.4 | Liability of plaintiff for costs |
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294.5 | Judgment against person liable |
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294.6 | Limitation of liability of fund |
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294.61 | Recovery limited to value of land |
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294.7 | Payment from fund without action |
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294.8 | Payment by Land Title and Survey Authority |
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294.9 | Withholding of payment until proceedings concluded |
| Part 20 — Government Assurance Fund |
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294.91 | Definition |
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295 | Maintenance of assurance fund |
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295.1 | Application of this Part |
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296 | Remedies of person deprived of land |
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297 | Protection of purchaser in good faith and for value |
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298 | Fault of registrar |
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299 | Notice of actions against minister |
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300 | Liability of plaintiff for costs |
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301 | Actions against minister |
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302 | Judgment against person liable |
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303 | Limitation of liability of assurance fund |
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304 | Recovery limited to value of land |
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305 | Payment from assurance fund without action |
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306 | Payment from consolidated revenue fund |
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307 | Withholding of payment until proceedings concluded |
| Part 21 — Appeals |
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308 | Duty of registrar to notify applicant of refusal of registration |
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309 | Appeal to court |
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310 | Preservation of applications |
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311 | Appeals from decision of registrar |
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312 | Registrar to act on order of court |
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313 | Registrations made under order of court |
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314 | Power of registrar to state case |
| Part 22 — Notices |
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315 | Powers of registrar regarding preparation and service of notice |
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316 | Personal service |
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317 | Service by mail |
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317.1 | Service by electronic means |
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318 | Substituted service |
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319 | Service if person is dead |
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320 | Effect of service |
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321 | Rights of purchaser for value protected |
| Part 23 — Special Surveys |
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322 | Definitions |
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323 | Minister may order special survey |
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324 | Apportionment of costs if land within municipality |
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325 | Apportionment of costs if land is in a rural area |
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326 | Power to amend order if land subsequently becomes included within municipality |
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327 | Advancement of costs by municipality or owners |
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328 | Transmittal of copy of order to proper officer and registrar |
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329 | Notice of special survey |
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330 | Surveyor to act under minister |
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331 | Preliminary procedure |
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332 | Supplemental order or direction of minister |
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333 | Procedure for fixing boundary of survey area |
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334 | Transmittal of copy of supplemental order to proper officer and registrar |
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335 | Guiding principles for surveyor |
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336 | Nature of survey |
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337 | Plans |
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338 | Appointment of substituted surveyor |
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339 | Report of surveyor |
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340 | Notice to registrar |
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341 | Notice to corporate officer |
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342 | Notice of completion of survey |
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343 | Notice of hearing |
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344 | Statement of complaint or claim |
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345 | Hearing by minister or other person appointed by him |
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346 | Subpoena |
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347 | Method of conducting hearing |
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348 | Power of minister to decide complaints and claims and make order |
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349 | Principles for determining compensation |
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350 | Approval of survey and plan by Lieutenant Governor in Council |
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351 | Power to vest land |
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352 | Notice of order in council approving of survey |
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353 | Appeal |
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354 | Entry of appeal |
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355 | Registration |
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356 | Method of registration |
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357 | Effect of registration |
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358 | Notice of registration |
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359 | Assessment within municipalities |
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360 | Assessment in rural area |
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361 | Duty of surveyor to destroy conflicting monuments |
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362 | Recovery of compensation and costs |
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363 | Removal of special survey monuments |
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364 | Power of Lieutenant Governor in Council to correct errors |
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365 | Offence and penalty |
| Part 24 — Registration of Title to Indian Lands |
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366 | Definitions and interpretation |
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367 | Filing of patent |
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368 | Application for registration of Indian land — general |
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369 | Where application affects unregistered Indian land |
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370 | If application affects registered Indian land |
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371 | Other laws not to affect Torrens system |
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372 | Execution of instruments |
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373 | Liability limited |
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373.1 | Not in force. Repealed. |
| Part 24.01 — Treaty Lands |
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373.11 | Application of Act to treaty lands |
| Part 24.1 — Nisga'a Lands and Categories A and B Lands |
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Division 1 — Treatment of Nisga'a Lands and Institutions |
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373.2 | Effect of indefeasible title to Nisga'a Lands |
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373.21 | Assignment of distinguishing letter by registrar |
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373.22 | Requirements as to subdivision in respect of Nisga'a Lands |
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373.23 | Controlled access highways |
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373.3 | Tender of plan for examination and approval |
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373.31 | Matters to be considered by approving officer on application for approval |
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373.32 | Matters to be considered in respect of land within Nisga'a Lands |
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373.33 | Acceptable descriptions of land |
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373.4 | Dedication by reference or explanatory plan |
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373.41 | Dedication and vesting |
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373.42 | Designation of plans in respect of submerged lands |
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373.43 | Amendment of deposited plan in certain cases |
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373.44 | Deposit of statutory right of way plan |
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373.5 | Nisga'a law to be filed if closing road or public square |
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373.51 | Definitions for applying Part 8 |
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373.52 | Cancellation of plans |
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373.53 | Air space |
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373.6 | Rights of owner of surface |
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373.61 | Registration of debt owing to Nisga'a Nation or Nisga'a Village |
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373.62 | Statutory right of way |
| |
373.63 | Registration of covenant as to use and alienation |
| |
373.64 | Registration of land vested under Nisga'a law |
| |
373.7 | Notice of tax sale or redemption of tax sale land |
| |
373.71 | Effect of registration of title derived from tax sale |
| |
373.72 | Power of registrar to lodge caveat |
| |
Division 2 — First Registration of Title to Nisga'a Lands |
| |
373.73 | Plan required with application for first registration |
| |
373.8 | Conclusive evidence of good safe holding and marketable title |
| |
373.81 | Additions to Nisga'a Lands |
| |
373.82 | Execution of instruments in respect of Nisga'a Lands |
| |
Division 3 — Registration of Categories A and B Lands |
| |
373.9 | Requirements for first registration of Categories A & B Lands |
| |
373.91 | Effect of indefeasible title to Categories A & B Lands |
| Part 24.2 —
Cancelling Registration of Reserve Lands Registered to Canada |
| |
373.92 | Cancelling registration of reserve lands registered to Canada |
| Part 25 — Miscellaneous |
| |
374 | Record of names |
| |
375 | Record of registered land |
| |
376 | Pending applications |
| |
377 | Searching of records |
| |
378 | Registrar to provide certificates |
| |
379 | Certificate as evidence |
| |
380 | Lost or destroyed instruments |
| |
381 | Rights of officers of taxing authorities |
| |
382 | Powers and duties of registrar |
| |
383 | Registrar to cancel or correct instruments, etc. |
| |
383.1 | Public Agency Accommodation Act amendments |
| |
383.2 | Homeowner Protection Act amendments |
| |
384 | Preservation of registry records and plans |
| |
384.1 | Records of Land Title and Survey Authority |
| |
385 | Power to make regulations |
| |
386 | Fees |
| |
386.1 | Fees specified in Schedule 2 |
| |
386.2 | Fees payable despite other enactments |
| |
387 | Offence of fraud |
| |
388 | Offence of false representation |
| |
389 | Application of Offence Act |
| |
390 | Penalties |
| |
391 | Conviction not to affect liability |
| |
392 | Contaminated land |
| |
393 | Transitional |
| |
394 | Transitional — removal of notations made under the Forest Land Reserve Act |
| Schedule 1 |
| Schedule 2 |