Land Title Act
LAND TITLE (TRANSFER FORMS) REGULATION

Schedule A — Continued

LAND TITLE ACT

FORM C

(Section 233)

Province of
British Columbia

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1.	Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)
.......................................................................................................................................................
2.	Parcel Identifier(s) and Legal Description(s) of the Mortgaged Land: *
		(PID)	(LEGAL DESCRIPTION)
.......................................................................................................................................................
3.	Nature of Interest: *
	DESCRIPTION	DOCUMENT REFERENCE (page and paragraph)	PERSON ENTITLED TO INTEREST
.......................................................................................................................................................
4.	Terms: Part 2 of this instrument consists of (select one only)
	(a) Filed Standard Charge Terms		D.F. No.
	(b) Express Charge Terms		Annexed as Part 2
	(c) Release		There is no Part 2 of this instrument
	A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.
.......................................................................................................................................................
5.	Transferor(s): *
.......................................................................................................................................................
6.	Transferee(s): (including postal address(es) and postal code(s)) *
.......................................................................................................................................................
7.	Additional or Modified Terms: *
.......................................................................................................................................................
8.	Execution(s): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any.
	Execution Date Officer Signature(s) Y M D Party(ies) Signature(s)
	Officer Certification: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.
*	If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

[en. B.C. Reg. 33/92, s. 10.]

General Instrument Form — Part 1

Completion Instructions

[en. B.C. Reg. 33/92, s. 11; am. B.C. Reg. 300/94.]

GENERAL

(1) Upon submission of a general instrument in Form C to the land title office, a separate application is not necessary unless it also creates, excepts or reserves an interest in land in favour of the transferor that is capable of registration under the Land Title Act, in which case the transferor shall apply to register that interest in Form 17 of B.C. Reg. 334/79.

(2) Please ensure that every Item of Form C is completed in accordance with the instructions and user guide.

(3) The general instrument includes

(a) the general instrument in Form C,

(b) any additional pages to accommodate party and officer signatures in Form D,

(c) all pages attached to the general instrument as a schedule in Form E,

(d) all pages of the express terms, if any, attached to the general instrument as Part 2, and

(e) an affidavit of execution, if any,

and the general instrument shall be arranged in that order.

(4) Enter the total number of pages that comprise the general instrument in the space provided. Number each page after page 1 of the general instrument consecutively.

(5) Do not include the number of pages contained in a set of filed standard charge terms that are to be incorporated by reference. Although incorporated by reference, they are not part of the actual general instrument form.

(6) At the end of the general instrument type or print "END OF DOCUMENT".

SPECIFIC

ITEM 1— Application

Instruction

(1) Enter the name, address (including postal code) and phone number of the applicant or the applicant's solicitor or agent. This must be followed by the signature of that person.

User Guide

(1) Under the Land Title Act, the "applicant" is the person who is entitled to be the registered owner of the charge or a release of it. This item constitutes the application to register the general instrument and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice will be sent to the person named in the application at the address specified.

(2) If the applicant or the applicant's solicitor or agent is an individual, the name, address (with postal code) and phone number of the individual, followed by his or her signature, must be entered.

(3) If the applicant or the applicant's solicitor or agent is not an individual, the name, address (with postal code), phone number and signature of an individual who is authorized to do all acts necessary to effect registration of the general instrument must be entered.

ITEM 2 — Parcel Identifier(s) and Legal Description(s)
of the Charged Land

Instruction

(1) In the space provided in Item 2, enter the 9 digit parcel identifier number (PID) of each parcel that is to be charged or that is encumbered with the charge being assigned, modified, enlarged, released, partially released or postponed, followed by the legal description of the land matching the PID number. The PID number is not required if not yet assigned.

User Guide

(1) The legal description consists of everything shown in the "Description of Land" segment of a computer title printed below the PID number.

(2) Preambles such as "All and singular that certain parcel..." in the legal description are not required. Similarly, reference to a strata lot owner's share in the common property is not required. Preambles such as "That part of Lot 4.... shown on... " may be used where required.

(3) State Lot and Plan numbers in figures only. In addition, the following abbreviations are acceptable:

(4) It is not necessary to include references to water, improvement or assessment districts, or legal notations such as "hereunto annexed is Easement No. ...".

(5) The legal description(s) with parcel identifier number(s) must be recorded entirely within Item 2 and must not continue onto a schedule.

(6) If the space is not sufficient for the parcel identifier number(s) and legal description(s), set out the parcel identifier number(s) and legal description(s) in a schedule and enter "SEE SCHEDULE" in Item 2.

EXAMPLE:

(7) If a PID number has not been assigned to the parcel, enter "NO PID NUMBER" followed by the legal description.

(8) Please note that land title office mark up of the parcel affected is done by PID number only.

(9) Please ensure that the legal description is entered opposite the PID number of the parcel it describes.

(10) In the case of a partial release, ensure that the land described in this Item is the only land that is to be released from the charge.

EXAMPLE:

ITEM 3 — Nature of Interest

Instruction

(1) Enter a brief description of the interest and the name of the person entitled to the interest.

(2) If the general instrument is intended to operate as a release of a registered charge, enter a description of the charge and its registration number and enter "N/A" for the document reference. In most cases the person entitled to the interest will be the registered owner.

EXAMPLE:

(3) While the above example states "Release of Mortgage No. M1160" in the Description Column, the words "Discharge of Mortgage No. M1160" are acceptable. In the case of a lease, the words "surrender of Lease No. L1160" will be appropriate.

(4) Where a charge (e.g. an easement) only affects part of the land described in Item 2, there must be a statement to that effect in the Description of Interest column.

(5) Where there is a dominant tenement associated with the charge, a description of the dominant tenement, including the PID number, must be set out in the Person Entitled to Interest column.

EXAMPLE:

User Guide

(1) The following classes of instrument that create or constitute any of the following must be in Form C:

(a) an assignment of rents that is not part of a mortgage;

(b) an easement;

(c) an equitable charge other than a floating charge;

(d) an agreement to extend a registered mortgage or charge over other land;

(e) an agreement to modify a registered charge;

(f) a priority agreement;

(g) a lease, option to lease or agreement to renew a lease;

(h) an option to purchase;

(i) a right of first refusal;

(j) a right to purchase;

(k) a statutory right of way;

(l) a positive or negative covenant, other than a declaration of building scheme in Form 35 of B.C. Reg. 334/79;

(m) an assignment of a charge other than an assignment in Form 27 or 28 of B.C. Reg. 334/79;

(n) a release or discharge of a charge or interest.

(2) As a general rule, any instrument that creates a voluntary charge agreed to by the parties or that voluntarily releases a charge must be in Form C. If the signature of the owner of the land affected by the charge is not necessary to create the charge, do not use the general instrument form. Similarly, where the signature of the charge holder is not necessary to effect a release of it, do not use the general instrument form.

(3) Please note the following:

(a) a debenture security or security agreement that creates a mortgage of specific land must be in Form B;

(b) a debenture security or security agreement that does not create a mortgage of specific land must be in Form C where it creates an equitable charge other than a floating charge;

(c) if the equitable charge created by the debenture or security agreement is a floating charge, the instrument need not be in Form C (in which case the application to register shall be in Form 17 of B.C. Reg. 334/79);

(d) a floating charge on land is not registerable until it has crystallized;

(e) if the instrument is a supplemental debenture or a supplemental security agreement, and it purports to modify or extend a registered charge, the instrument must be in Form C;

(f) if the instrument is a supplemental debenture or a supplemental security agreement that creates a mortgage of specific land in circumstances where the principal debenture or security agreement is unregistered, the instrument must be in Form B.

(4) For document reference, enter the general instrument page number and the paragraph number where the interest is created (the words of grant). Where the words creating the interest are contained in a set of filed standard charge terms, enter the filing number of the set and the page and paragraph number where the interest is created.

EXAMPLE:

 (5) The following list contains examples of instruments that shall not be in Form C (the list is not exhaustive):

(a) builder's lien;

(b) caveat;

(c) change of name application;

(d) court order;

(e) tax sale notice;

(f) transmission;

(g) any other instrument, the form of which is prescribed

(i) under the Act, or

(ii) under any other enactment,

where applied for in Form 17 of B.C. Reg. 334/79.

(6) Generally, the instruments listed in subsection (5) create involuntary charges or are already prescribed under B.C. Reg. 334/79. Unless a form of application is dispensed with by the registrar, or is otherwise prescribed, application to register them shall be in Form 17.

(7) If at the time the general instrument is executed it is intended to register the interest subject to a certificate of pending litigation, the appropriate entry may be made in this Item. If that decision is made after execution, file a separate election as required under section 216 (2) (b) of the Act.

(8) Where the general instrument is intended to

(a) assign a charge,

(b) modify a charge,

(c) postpone a charge, or

(d) release a charge

please enter a brief description of the nature of the transaction and the charges affected by it.

EXAMPLE

ITEM 4 — Terms

Instruction

(1) Part 2 of the general instrument that creates, assigns, modifies, enlarges or governs the priority of a charge consists of one of

(a) filed standard charge terms, or

(b) express charge terms appended as Part 2.

(2) Since the list in subsection (1) is exhaustive, only one may be selected.

(3) Where filed standard charge terms are selected, they are considered to be Part 2 of the general instrument. Where express charge terms are used, these must be entitled "TERMS OF INSTRUMENT - PART 2" and be attached to Part 1 of the general instrument immediately after any schedules to Form C.

(4) In the case of a release, the general instrument will be in Part 1 only. There will be no Part 2. Any saving language describing rights not specifically released may be set out in Item 7.

(5) In the case of a modification agreement, a priority agreement or surrender of lease, the terms of the modification, priority or surrender of lease are to be treated as express charge terms and are to be appended as Part 2 of the general instrument.

User Guide

(1) There are 3 options for completing Item 4:

(a) if a set of filed standard charge terms is to be incorporated, enter "X" in the appropriate box and enter the filing number assigned to the set by the land title office;

(b) if express terms are to be attached, enter "X" in the appropriate box and annex them as Part 2;

(c) if the instrument is intended to release a charge, enter "X" in the appropriate box.

(2) A selection of filed standard charge terms will include any addition, deletion or modification to those terms referred to in Item 7.

ITEM 5 — Transferor(s)

Instruction

(1) In the case of an individual, enter the full name of the transferor.

(2) In the case of a corporation, enter its name and its British Columbia incorporation or registration number, if any.

(3) It is not necessary to set out occupations or addresses in this Item.

User Guide

(1) The "transferor" is the person who

(a) transfers, assigns, grants or otherwise creates an interest,

(b) postpones an interest,

(c) releases or discharges an interest, or

(d) in the case of the modification of a charge, granted the charge or is the owner of the estate, charge or interest that is encumbered by the charge being modified.

(2) If the transferor is an individual, his or her name should be set out in full as it appears on the title.

(3) The address of the transferor need not be entered as part of the description.

EXAMPLE:

(4) In the case of a corporation that is a British Columbia company or that is registered in British Columbia, enter the British Columbia incorporation or registration number. If it is neither incorporated nor registered in British Columbia, the name of its governing jurisdiction may be entered in this Item.

EXAMPLE:

(5) Preference is for transferor names to be printed or typed in capitals and underlined as shown in the above examples.

(6) If there is insufficient space to enter the names of all of the transferors, enter "SEE SCHEDULE" and set out all the names in a schedule. Do not set out some names in Item 4 and some in a schedule.

EXAMPLE:

(7) In the case of a release of charge, enter the full name of the charge holder in this Item.

(8) In the case of a priority agreement, enter the full name of the charge holder granting the priority in this Item.

(9) In the case of a modification agreement, enter the name of the registered owner of the estate, charge or interest that is encumbered by the charge being modified in this Item.

ITEM 6 — Transferee(s)

Instruction

(1) In the case of an individual, enter the full name and occupation of the transferee (and, if applicable, information respecting joint tenancy), together with a postal address for the transferee.

(2) In the case of a corporation, enter its full name and British Columbia incorporation or registration number. If it is not incorporated or registered in British Columbia, enter a description of its governing jurisdiction. In either case, a postal address for the transferee must be entered in this Item.

User Guide

(1) In all cases, the postal address must include a postal code. It is not sufficient to state only the name of the city, town or village.

(2) In the case of a transferee which has branch offices, a branch office address may be included as part of the description of the transferee, but a postal address must also be shown. The name of the governing jurisdiction of a corporation must always be entered unless the corporation is incorporated or registered in British Columbia.

EXAMPLE:

(3) If the transferees are taking fractional interests, the shares must be expressed as a whole fraction. For example, an undivided 1/3 interest expressed as 33.3% is not permitted.

(4) Preference is that transferee names be printed or typed in capitals and underlined as shown in the above examples.

(5) If there is insufficient space to enter the names, occupations and addresses of all the transferees, enter "SEE SCHEDULE" and set out all the names, occupations and addresses in a schedule.

EXAMPLE:

(6) In the case of a release of charge, enter the full name of the owner of the encumbered estate or interest in this Item. Where that person is the fee simple owner, the words "Registered Owner" will be sufficient. It is not necessary to specify that person's occupation, postal address and postal code.

(7) In the case of a priority agreement, enter the name of the holder of the charge or interest for which the priority is given in this Item.

(8) In the case of a modification agreement, enter the name of the registered owner of the charge being modified or the registered owner of the estate or interest benefiting from the charge being modified.

ITEM 7 — Additional or Modified Terms

Instruction

(1) Where the filed standard charge terms are to be added to, deleted or modified, the addition, deletion or modification may be entered in Item 7 or in a schedule.

(2) If all of the additional, deleted or modified charge terms can be accommodated in the space provided, enter them in Item 7.

(3) If all of the additional, deleted or modified charge terms cannot be accommodated in the space provided, enter "SEE SCHEDULE" and set all of them out in a schedule.

(4) Do not use Item 7 to summarize any charge terms or to add to, delete or modify express terms.

(5) Saving language may be added where appropriate. For example, in a release of mortgage, the mortgagee may wish to add express words to set out that the contractual obligation to pay is not affected in those cases where only the security is to be released.

ITEM 8 — Execution(s)

Instruction

(1) Item 8 is to be used for the signature of all persons required to execute the general instrument and for officer certification.

(2) If the space provided is not sufficient for the signature of all persons required to execute the general instrument, then an additional page may be added to accommodate the additional signatures. The additional page must be in Form D. Where a signature of a party is certified by an officer, the certification must appear on the same page as the party signature.

(3) The date of execution, given in year, month and day, must be indicated in the space provided in Item 8. Years shall be entered using the last 2 digits (e.g. "89" for 1989). Months shall be designated by number (e.g. "2" for February).

User Guide

INDIVIDUAL TRANSFEROR OR TRANSFEREE

(1) For natural persons, under the "Party(ies) Signature(s)" column, the party name must be printed or typed immediately below the signature.

(2) Under the "Officer Signature(s)" column the name, address and professional capacity (e.g. solicitor, notary public or commissioner) must be typed or printed immediately below the signature of the certifying officer.

EXAMPLE:

(3) Please note that the definition of an officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, sections 60, 63 and 64.

(4) The officer signature must appear directly opposite the party signature certified by the officer. If one officer is certifying the signature of more than one party, add "as to all signatures" or "as to the signatures of....." immediately below the officer signature.

EXAMPLE:

CORPORATE TRANSFEROR OR TRANSFEREE

(1) In the case of a general instrument executed by a corporation, use the format shown in the following example and ensure that the name of the authorized signatory is typed or printed immediately below the signature. Please note that affixation of a corporate seal is no longer required for Land Title Act purposes. The provisions of subsections (2), (3) and (4) under the heading "INDIVIDUAL TRANSFEROR OR TRANSFEREE" also apply to this form of execution.

EXAMPLE:

(2) If a company seal is to be affixed, please ensure that it does not obliterate or obscure any signature or information entered in this Item. In the case of a corporate attorney, it is the seal of the attorney that is to be affixed rather than that of the party for whom the attorney acts.

EXECUTION BY INDIVIDUAL ATTORNEY

(1) In the case of a general instrument executed by an attorney, use the appropriate format shown in the following example. If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. The provisions of subsections (2), (3) and (4) under the heading "INDIVIDUAL TRANSFEROR OR TRANSFEREE" also apply to this form of execution.

EXAMPLE:

EXECUTION BY CORPORATE ATTORNEY

(1) In the case of a general instrument executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporation is acting as the attorney for the party. The provisions of subsections (2), (3) and (4) under the heading "INDIVIDUAL TRANSFEROR OR TRANSFEREE' also apply to this form of execution.

EXAMPLE:

LACK OF CERTIFICATION

(1) If the transferor(s)/transferee(s) signature(s) cannot be certified by an officer, enter "SEE AFFIDAVIT OF EXECUTION" and attach an affidavit that complies with Part 5 of the Land Title Act. Note that the affidavit is part of Form C and must have a page number.

(2) The affidavit must state the reason why officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of the officer certification. In those cases where the affidavit evidence of execution is submitted, the registrar is not likely to exercise his discretion unless officer certification is simply impossible to obtain under the circumstances or the general instrument was executed outside British Columbia.

(3) In those cases where the general instrument is executed outside British Columbia, the registrar will accept that it is difficult to obtain an officer certification in all cases and will accept the affidavit of execution in lieu of an officer certification.

EXAMPLE:

Contents| Schedule A — Form A  FormB  Form C  Form D  FormE | Schedule B

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