Director’s Requirements DR 03-11
DOCUMENT TITLE: Director’s Requirements for
Electronic Land Title Forms
ISSUER: Director of Land Titles
METHOD OF DISTRIBUTION: All Land Title Offices
RELATIONSHIP TO PREVIOUS POLICY: Version 2.0 APPROVAL:
Craig D. Johnston, Director of Land Titles
EFFECTIVE DATE: June 8, 2015
Change Record
Version Date Page Description
1.0 April 1, 2004 All Initial release
1.1 June 3, 2005 All General updates to reflect changes made in Land Title Transfer Forms Guidebook Third Edition – 2005
1.2 October 24,
2005 3, 25 Added Corporate Certificates to Paragraph 3.5 Electronic Declaration Form – Supporting Documents
1.3 July 2006 General updates to reflect changes to the Land Title Electronic Filing System (EFS) User’s Guide, Addition of Form 17 − Fee Simple, Form 17 − Charge and Notation, and Form 17 − Cancellation of Charge or Notation 1.4 November
2006 3,44,49 Updates to reflect change to the Electronic Declaration 1.5 March 29,
2009 All General updates to reflect changes in Land Title Forms Guidebook 2008, additions to support electronic plans
1.6 August 2010 All Added complete electronic forms instruction and Land Title Act (Board of Directors) Regulation B.C. reg. 332/2010, added reference to Director’s Requirements for Hardcopy Transfer Forms
1.7 January 21,
2011 Cover page, 5 Renamed as Director’s Requirements 1.8 June 5, 2011 All Replaced all pages
1.9 December 12,
2012 All Removed Legacy Electronic Filing System (EFS) User’s Guide, added Director’s Requirements to File Land Title Forms Electronically, corrected plan witness
requirements, corrected electronic signature instructions for Form 17, Strata Property Act Filing form and Declaration, added Form officer and Form D behaviour instruction, minor corrections and amendments to accommodate and clarify requirements for automated registration, clarified Item 1
53-55,
94-105 Form A and Form B B. BACKGROUND
Part 10.1 of the Land Title Act R.S.B.C. 1996, C250 as amended (the “Act”) provides for electronic filing of land titles documents. Electronic filing will be performed using the “Electronic Filing System”. The standards and practices for electronic filing are set out in Director’s Requirements for Electronic Filing DR 01-11.
Under the Act, the electronic forms and practices are not set out in regulation but are designated by the Director of Land Titles (the “Director”). This document sets out the requirements for electronic transfer forms as designated by the Director.
Requirements for the electronic declaration are also set forth in this document. 2. DOCUMENTS
The following documents are relevant to the Requirements for Electronic Transfer Forms:
Document Valid Version(s) Date
Director’s Requirements for Hardcopy
Land Title Transfer Forms DR 05-111. V.1.1 January 21, 2011
Land Title Act (Board of Directors)
Regulation B.C. Reg 332/2010 Initial Version January 1, 2011 Director’s Requirements for Electronic
Land Title Forms DR 01-111. Version 3.9 June 8, 2015 Director’s Requirements for a
Certification Authority DR 02-11 Version 1.9 February 21, 2014 Enhanced Electronic Filing System EFS
Users Guide
http://www.ltsa.ca/cms/web/help/efs-users-guide
Current Version December, 2012 Director’s Requirements to File Land Title
Forms Electronically DR 06-11 Version 2.0 March 31, 2014 1.Available at the Land Title and Survey Authority of British Columbia website, www.ltsa.ca.
Please note that Director's Requirements for Electronic Land Title Forms DR 01-11 identifies valid versions of electronic transfer forms. These forms are available at the Land Title and Survey Authority of British Columbia (LTSA) website in the Land Title practice information section. Also note that Continuing Legal Education has published a consolidation of the requirements for both hardcopy and electronic filing entitled, “Land Title Electronic Forms Guidebook,Sixth Edition − 2015”.
These documents may be amended from time to time and/or addenda issued. Persons making use of the electronic filing system are responsible for ensuring that they have and refer to the current and valid versions of these documents.
Schedule A
FORM A FREEHOLD TRANSFER 13
COMPLETION INSTRUCTIONS 14
FORM B MORTGAGE PART 1 40
COMPLETION INSTRUCTIONS 42
FORM C GENERAL INSTRUMENT PART 1 70
COMPLETION INSTRUCTIONS 70
FORM D EXECUTIONS CONTINUED 92
FORM E Fielded SCHEDULE 94
Form E Schedule 95
FORM E SCHEDULE 99
COMPLETION INSTRUCTIONS 99
Form E Fielded Schedule 100
DECLARATION 110
COMPLETION INSTRUCTIONS 110
17 FEE SIMPLE 114
FORM 17 - CHARGE, NOTATION OR FILING 115
FORM 17 - CANCELLATION OF CHARGE, NOTATION OR FILING 116
COMPLETION INSTRUCTIONS 117
General Instructions 119
STRATA PROPERTY ACT FILING 136
STRATA PROPERTY ACT FILING 137
COMPLETION INSTRUCTIONS 137
APPLICATION TO DEPOSIT PLAN AT LAND TITLE OFFICE 149
APPLICATION TO DEPOSIT PLAN AT LAND TITLE OFFICE 150
APPLICATION TO DEPOSIT PLAN AT LAND TITLE OFFICE 151
APPENDIX II 182
PRESCRIBED STANDARD MORTGAGE TERMS 182
APPENDIX III 195
INSTRUCTIONS FOR ELECTRONIC FILING 195
ATTACHING SUPPORTING DOCUMENTS 195
SCANNING REQUIREMENTS 196
Electronic Transfer Forms
Forms A, B, C Charge and C Release Form D and Form E
Other Electronic Land Title Forms Declaration
Form 17 −Fee Simple, Form 17 −Charge, Notation or Filing and Form 17 − Cancellation of Charge, Notation or Filing accompanied by the form of supporting document approved by the Director and listed in the current Form-17 Help Guide
Strata Property Act Filing accompanied by the Strata Property Act form approved by the director as a supporting document and listed in the form’s drop down menu
Survey Plan Certification
Application to Deposit Plan at Land Title Office Claim of Builders Lien
Local Government Filing Form
Miscellaneous Electronic Forms (see the Electronic Filing System (EFS) User’s Guide) Surveyor Registration Form
Electronic Payment Authorization
Property Transfer Tax Form (including links to Help Guides authorized by the Ministry of Finance)
Effective January 1, 2011, the provisions in the former Land Title (Transfer Forms) Regulation, B.C. Reg. 53/90, were transferred either to the Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010 or to the Director through the authority set out in the Land Title Actto approve forms and establish filing and registration requirements. These general requirements are set out for electronic forms in the Land Title Electronic Forms Guide 2015.
Accompanying each of the electronic forms are detailed completion instructions and a user guide. The electronic forms reproduced in this version are the requirements are current as of June 5, 2015. The latest version of each form and information on how to submit completed electronic forms to the Land Title Office is available in EFS Download Form Templates on myLTSA and on the LTSA website at http://help.ltsa.ca/cms/web/help/efs-users-guide
The Land Title Office will continue to accept hardcopy submissions in limited circumstances. Note, however, that, in accordance with Director’s Requirements to File Land Title Forms Electronically, most plans and forms must be submitted in electronic form. For further
information on these requirements, see Director’s Requirements for the Authorized Subscriber Register (DR01-13). http://www.ltsa.ca/cms/director-of-land-titles-requirements
Accompanying each of the electronic forms in the Land Title Electronic Forms Guidebook are detailed required completion instructions and a user guide. Each electronic form provides fields intended for specific required text. Extraneous information is not generally an option in any of the fields.
Some hardcopy forms can continue to be submitted to the Land Title Offices. For these forms, completion instructions, a user guide and the Director’s Requirements and approval for hardcopy land title forms and plans are available at:
Director’s Requirements to Submit Land Title Forms Electronically at
http://www.ltsa.ca/docs/DR-06-11-Directors-Requirements-to-File-Land-Title-Forms-Electronically.pdf
Director’s Requirements for Hardcopy Land Title Transfer Forms at
http://www.ltsa.ca/docs/DR-05-11-Directors-Requirements-for-Hardcopy-Land-Title-Transfer-Forms.pdf
Director’s Requirements and Approval for Hardcopy Land Title Forms and Plans at
http://www.ltsa.ca/docs/DR-04-11-Directors-Requirements-and-Approval-for-Hardcopy-Land-Title-Forms-and-Plans.pdf
Director’s General Requirements for Electronic Land Title Forms
The Director’s general requirements for electronic land title forms are set out here in a consolidated form. These requirements encompass the provisions of the former Land Title (Transfer Forms) Regulation, B.C. Reg. 53/90 and include, in ss. 1 to 5 and 8 and 9,
administrative requirements authorized by the Director of Land Titles and, in ss. 2.6 and 2.7, ss. 4 and 5 from the Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010. Interpretation
1. In these requirements
“Act” means the Land Title Act;
“Transfer form” means an electronic form of instrument approved under director’s requirements as
(a) a transfer of a freehold estate, (b) a mortgage, or
Approved forms
2. The Director has approved the use of the following forms for the purposes of electronic filing under the Act. These forms are available in EFS Download Form Templates on myLTSA and on the LTSA website at http://www.ltsa.ca/cms/electronic-form-templates .
Electronic Transfer Forms
Form A − Freehold Transfer including Fee Simple, Life Estate, Determinable Fee Simple and Fee Simple on Condition
Form B − Mortgage Part 1 Form C − Charge
Form C − Release
Form D − Executions Continued Form E Schedule
Form E Schedule for Parcel Identifier and Legal Description of Land – Use 30 Parcel Schedule Form E Schedule for Parcel Identifier and Legal Description of Land – Use 3 Parcel Schedule Form E Schedule for Nature of Interest
Form E Schedule Transferee Fielded Schedule Form E Schedule Borrower Fielded Schedule Form E Schedule Lender Fielded Schedule Other Electronic Land Title Forms Declaration
Form 17 − Fee Simple, Form 17 − Charge, Notation or Filing and Form 17 − Cancellation of Charge, Notation or Filing accompanied by the form of supporting document approved by the Director and listed in the current Form 17 Help Guide
Survey Plan Certification
Application to Deposit Plan at Land Title Office
In addition to land title forms, the Director requires that the following instruments be filed electronically:
Strata Property Act Filing accompanied by the Strata Property Act form approved by the Director as a supporting document and listed on the form’s drop down menu
Claim of Builders Lien
Electronic Payment Authorization (see Electronic Filing System (EFS) User’s Guide)
Property Transfer Tax Form (see links to Help Guides authorized by the Ministry of Finance) Surveyor Registration Form (see Electronic Filing System (EFS) User’s Guide)
Public Official Plan
Local Government Filing Form
All Strata Property Act and Land Title Act Plans including Posting, Subdivision, Statutory Right of Way, Reference and Explanatory Plans
(3) A transfer form that is
(c) a general instrument shall be in Form C - General Instrument. (3) Nothing shall be attached to a transfer form except
(a) one or more additional execution pages in Form D, (b) one or more schedules in Form E,
(c) declaration general attached by the Registrar of Land Titles, (d) any affidavit of execution required under Part 5 of the Act,
(e) in the case of a mortgage in Form B, a set of express mortgage terms constituting Part 2 of the mortgage, and
(f) in the case of a general instrument in Form C, a set of express charge terms constituting Part 2 of the general instrument.
(4) Every transfer form shall be executed and completed (a) in compliance with the instructions, and
(b) in substantial compliance with the user guide.
(5) An attachment to a transfer form that is a schedule in Form E shall be completed in compliance with the instructions and in substantial compliance with the user guide. (6) A transfer form may contain an identification number or customer or client file number in
Completion of Electronic Forms
(1) All attachments to electronic forms must be imaged in compliance with the EFS Scanning Requirements document or must not otherwise exceed 8 ½” x 11”. 3.
(2) The electronic form contains pre-set font sizes, forms design and behavior, not to be modified by users except where permitted in the completion instructions.
(3) The vertical lines separating the year, month and day columns in the execution segment of a transfer form and in the payment provisions segment of Form B are part of the
electronic form.
(4) The name, address and professional capacity of the officer witnessing the signature of a transferor or other party shall be entered immediately below the signature of the officer in its appropriate field.
(5) An electronic form may contain an identification number or customer or client file number in the Additional Number field provided in item 1 so long as the number is not placed on the form in a manner that may tend to mislead a person as to the contents or legal effect of the form.
Abbreviations
4. An abbreviation of any word on an electronic form shall not be used unless (a) the abbreviation is permitted by the completion instructions or user guide, or
(b) the abbreviation is necessary due to lack of sufficient space in the form field and does not obscure the meaning, intent or legal effect of the electronic form.
English Language
5. Every instrument to be filed, lodged, registered or deposited under the Act shall, unless the nature of the instrument renders it impractical, be in the English language.
Excluded Instruments
6. (1) Section 5 of the Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010, prescribes that Division 6 of Part 14 of the Act does not apply to
(a) an instrument that, without the signature of the owner of an interest, operates to transfer, assign, charge or otherwise affect the interest,
(b) an instrument in the form prescribed under B.C. Reg. 334/79 or another enactment, (b.1) an instrument in the form approved by the Director of Land Titles, other than a
general instrument in the form approved by the Director of Land Titles under section 233 of the Act, or
(2) Nothing in subsection (1) operates to disapply Division 6 of Part 14 of the Act to instruments that create or constitute
(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 charge,
(f) priority agreement,
(g) 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 statutory building scheme in the form approved by the Director of Land Titles,
(m) an assignment of a registered charge, other than an assignment of a registered
mortgage or a registered judgment in the form approved by the Director of Land Titles, or (n) a release or discharge of a charge or interest.
[B.C. Reg. 332/2010, s. 5] Other Forms
7. (1) Any forms requiring an officer as a witness, not specifically included in director’s
requirements and approved by the registrar for application, must be modified to the extent necessary to accommodate the execution and officer certification by striking out “SIGNED IN THE PRESENCE OF” and substituting “OFFICER CERTIFICATION”, and by adding the following immediately below the signatures of the executing parties and the witness:
(2) Any other instrument that is required to be witnessed under Part 5 of the Act and that is not required to be in a form approved by the director shall, where the witness is an officer, contain the officer certification statement set out in subsection (1) and the witness shall sign the instrument under a column headed “Officer Signature(s)” in the same manner as required in Item 7 of Form A.
(3) Where an instrument to which subsection (2) applies is not witnessed by an officer, the words “SEE AFFIDAVIT OF EXECUTION” shall be entered in the Officer Signature column in the same manner as required by the instructions and user guide for Form A and an affidavit of execution shall be attached to a declaration accompanying the instrument.
Examples of preferred forms of affidavits are included as Appendix I.
Prescribed Standard Mortgage Terms
8. The standard mortgage terms authorized in s. 4 and prescribed in Schedule B of the Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010, are prescribed for the purposes of section 227 of the Act and shall be referred to as the “prescribed standard mortgage terms”. The standard mortgage terms are reproduced in Appendix II.
[B.C. Reg. 332/2010, s. 4] Preferred Forms of Affidavit
Appendix I sets out examples of preferred forms of affidavits. Prescribed Standard Mortgage Terms
Appendix II sets out the prescribed standard mortgage terms authorized under s. 4 of the Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010.
Instructions for Electronic Filing
Appendix III sets out instructions for electronic filing including instructions for attaching supporting documents, for highlighting form fields, for completing and attaching the electronic Property Transfer Tax form and for scanning documents in a form acceptable to the registrar. Cross References and Other Sources of Information
In addition to the Director’s Requirements for Electronic Land Title Forms, which are set out in the Land Title Electronic Forms Guidebook, users may wish to consult the following documents for additional information on land title practices and forms:
Director’s Requirements for Electronic Filing (available at http://www.ltsa.ca/docs/DR-01-11-Directors-Requirements-for-Electronic-Filing.pdf )
(2) Includes as Schedule A, a list of documents which may be submitted by way of an electronic Form 17 and which supporting documents may be attached as images to the Form 17
(3) Includes as Schedule B, the requirements for electronic plans under both the Land Title Act and the Strata Property Act
Director’s Requirements and Approval for Hardcopy Land Title Forms and Plans (available at http://www.ltsa.ca/docs/DR-04-11-Directors-Requirements-and-Approval-for-Hardcopy-Land-Title-Forms-and-Plans.pdf )
(1) Sets out the general requirements for hardcopy forms
(2) Includes, as Appendix I, a list of the approved forms and information about whether use of the form is compulsory and whether the form has been approved as a
supporting document for electronic filing
(3) Includes, as Appendix II, a copy of Forms A to E (Land Title Transfer Forms) and Forms 8 to 40 (Other Land Title Act Forms). These forms are reproduced in Tab 28 of the Land Title Practice Manual and templates are available for download or printing in Appendix II
Director’s Requirements for Hardcopy Land Title Transfer Forms (available at
http://www.ltsa.ca/docs/DR-05-11-Directors-Requirements-for-Hardcopy-Land-Title-Transfer-Forms.pdf )
(1) Where permitted by way of hardcopy submission, sets out requirements for hardcopy land title transfer forms, Forms A to E. The forms are reproduced in Tab 28 of the Land Title Practice Manual and templates are available for download or printing in Appendix II
(2) Includes completion instructions and a user guide for each of the forms
(3) Includes, as Appendices, preferred forms of affidavit and the prescribed standard mortgage terms from B.C. Reg. 332/2010
Director’s Requirements to File Land Title Forms Electronically (available at
http://www.ltsa.ca/docs/DR-06-11-Directors-Requirements-to-Submit-Land-Title-Forms-Electronically.pdf )
(1) Sets out timelines for requirements to file land title forms, supporting documents, plans and other instruments in electronic form only
Completion Instructions and User Guide for Each Form.
FORM A FREEHOLD TRANSFER
FORM A FREEHOLD TRANSFER COMPLETION INSTRUCTIONS GENERAL
(1) Upon submission of a Freehold Transfer in Form A to the land title office, a separate application is not necessary unless the transfer also contains an exception, reservation or condition in favour of or for the benefit of the transferor that is an interest in land capable of registration under the Land Title Act, in which case the transferor must apply to register that interest in Form 17.
(2) Every Item in Form A must be completed in accordance with these completion instructions and user guide.
(3) The transfer document includes: (a) the freehold transfer in Form A;
(b) any additional pages to accommodate transferor and officer signatures in Form D; (c) all pages attached to the transfer as a schedule in Form E;
(d) an affidavit of execution, if any, attached to an electronic declaration; and the transfer document must be arranged in that order.
(4) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules, page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. Note that a declaration is not numbered as part of Form A.
(5) The phrase END OF DOCUMENT is not required on an electronic form.
Lock and Unlock. Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields—except for items in the application section, the execution section, and the Pick up STC? check box, which can be edited—and enters a unique identifier. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier.
The purpose of this feature is to help lawyers and notaries keep track of changes to a form by providing a new number each time the form is locked. For example, a purchaser’s lawyer may route a partially completed form to another lawyer for review. After getting it back, the lawyer may want to check the unique identifier to see that no further changes have been
Electronic Signature. Once the electronic form is completed, a hardcopy must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of the officer must be entered before the electronic signature is affixed.
A British Columbia lawyer or notary who is a subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that subscriber has in their possession a signed true copy, or a copy of that copy (e.g., a facsimile).
To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way. An unsigned copy of the form should be saved before the electronic signature is affixed.
For detailed procedures, see the Electronic Filing System (EFS) User’s Guide. http://www.ltsa.ca/cms/web/help/efs-users-guide
SPECIFIC
ITEM 1—Application Instruction
(1) Electronic forms are designed with specific fields intended for specific information. Enter the following data in the field specified for that purpose by pressing the TAB key to move from one field to the next:
(a) Applicant Name Field: Enter the name of applicant or applicant’s solicitor or agent; (b) Applicant Address Line 1: Enter the street address, line 1; [This field may be used to
continue the description of the applicant from the Applicant Name Field where necessary];
(c) Applicant Address Line 2: Enter the street address, on line 2 (if necessary); (d) City Field: Enter the name of the city;
(e) Province Field: Enter the abbreviated name of the province;
(f) Postal Code; Field: Enter the postal code or zip code for out of Canada addresses; (g) Additional Information Field: Enter the phone number for the applicant, solicitor, or
agent and additional instructions and information (e.g., merge RP CA4000).
Where the city, province and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature.
(2) No written signature is required on the electronic form.
(3) If the transferee is exempt from land title office fees, deselect the Deduct LTO Fees? check box. Application must be made on behalf of a Ministry [name the Ministry] and the Ministry file must be referenced in the Additional Information field.
EXAMPLE – ITEM 1 APPLICANT COMPLETION
EXAMPLE – ITEM 1 APPLICANT COMPLETION BY ALTERNATE
Import Profile. Users who often enter the same information into the application section of electronic forms may find it useful to create a profile of commonly used data.
If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Electronic Filing System (EFS) User’s Guide. http://www.ltsa.ca/cms/web/help/efs-users-guide User Guide
(1) Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the estate transferred. Item 1 constitutes the application to register the estate transferred 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 is sent electronically to the person who submitted the application, who may not be the applicant. (2) If the applicant or the applicant’s solicitor or agent is an individual, his or her name, address
(with postal code) and phone number must be entered.
(3) If the applicant or the applicant’s solicitor or agent is not an individual, the name, address (with postal code) and phone number of an individual who is authorized to do all acts necessary to effect registration of the freehold transfer must be entered.
PID in the format “999-999-999” (e.g., type “079-345-232”, not “079 345 232” or “079345232”) or select NO PID NMBR and complete the Related Plan Number field. The related plan must be in the same package or have a pending status when the Form A is filed electronically.
When describing common property, enter the strata plan number in the Related Plan Number field. The application numbers are noted against all of the titles in the strata plan. Note that, in limited circumstances, where the Form A is accompanied by an application to raise title to unregistered land, a PID number or a related plan number is not required; (3) Legal description of the property.
(4) A state of title certificate (STC) can be requested by selecting the STC?… YES check box. If the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick up the STC. If this option is not selected, the STC will be sent to the address shown in the application section.
Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number.
User Guide
(1) The legal description consists of everything shown below the PID number in the Description of Land segment of a printed computer title.
(2) Preambles such as “All and singular that certain parcel …” in the legal description must not be included. Similarly, reference to a strata lot owner’s share in the common property is not required in the legal description. Preambles such as “That part of Lot 4 … shown on …” may be used where required.
(3) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable:
Rge = Range Bl = Block Gp = Group Tp = Township Dist = District Sec = Section N = North S = South DL = District Lot W = West E = East
LD = Legal Subdivision
W6M = West of the Sixth Meridian Frac = Fractional
THSL = Town of Hastings Suburban Lands
KDYD = Kamloops Division, Yale District NWD = New Westminster District ODYD = Osoyoos Division, Yale District QCD = Queen Charlotte District SDYD = Similkameen Division, Yale District
TID = Texada Island District YDYD = Yale Division, Yale District.
(4) It is not acceptable to include reference to a water, assessment or improvement district or legal notations such as “hereunto annexed is Easement No. …”.
(5) The legal description with parcel identifier number must be recorded entirely within Item 2(a) and must not continue onto a schedule. The legal description must be entered opposite the PID number of the parcel it describes.
(6) If there is more than one legal description or if space is not sufficient in Item 2(a) for the complete parcel identifier number and legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The wordSEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the Legal Description field cannot be changed and the schedule must be completed or a new form started.
Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text and PID numbers. Use 3 Parcel Schedule has three fields for lengthy legal descriptions and PID numbers.
For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Electronic Filing System (EFS) User’s Guide.
http://www.ltsa.ca/cms/web/help/efs-users-EXAMPLE-SEE SCHEDULE ENTERED IN ITEM 2(A):
(7) If a PID number has not been assigned to the parcel, select NO PID NMBR followed by the legal description. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the Form A is filed electronically.
EXAMPLE-NO PID NUMBER WITH RELATED PLAN NUMBER:
(8) No PID number or related plan number is required if the Form A is a transfer of an unregistered parcel and it is submitted in the same package as a Form 17 Fee Simple with one of the following Natures of Interest.
Form Nature of Interest
Form 17 Fee Simple
APPLICATION BY OWNER OF ABSOLUTE FEE FOR
INDEFEASIBLE TITLE
APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE TITLE TO CLOSED ROAD CROWN GRANT
CROWN GRANT SUBMITTED BY SURVEYOR GENERAL
TITLE TO CROWN LAND IN SRW, s. 24, B.C. REG. 334/79
EXAMPLE-APPLICATION FOR TITLE TO UNREGISTERED LAND WITH NO PID NUMBER OR RELATED PLAN NUMBER:
(9) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the Related Plan Number field is completed, the application is noted by the PID number of the registered title included in the related plan application. Users receive a warning when a Form A is submitted without a PID number or related plan number and title to unregistered land is being raised by an application in the same package.
(10) If less than the entire interest is being transferred, enter the fractional interest being transferred in the separate field above the Legal Description of Land.
EXAMPLE-FRACTIONAL INTEREST:
(11) The fraction must be a fraction of the whole interest being transferred as follows: (a) if the owner owns an undivided 1/2 interest, and all his interest is transferred, enter
“1/2”, as in the above example;
(b) if the owner owns an undivided 1/2 interest and is only transferring 1/2 of that interest, enter “1/4”;
(c) if an owner, together with 3 others, owns an undivided 1/2 interest and that owner is transferring 1/2 of his interest, enter “1/16”.
EXAMPLE-QUALIFICATION OR EXCEPTION:
(14) Do not use decimal fractions. A 1/3 interest must not be expressed as 33.33% or .333. (15) The land title office will not examine “subject to” provisions or verify them against the
state of the title unless the “subject to” provision pertains to certificates of pending litigation.
(16) If, at the time the transfer is executed it is intended to register the title subject to a certificate of pending litigation under section 216(2)(a) of the Land Title Act, the appropriate entry may be made in Item 1, Additional Information, or in an electronic Declaration.
EXAMPLE-TRANSFER SUBJECT TO CERTIFICATE OF PENDING LITIGATION:
(17) Enter the election and authorization information under section 216(2)(b) of the Land Title Act in an electronic Declaration or attach an image of the information to the declaration. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process.
For information on filing declarations, see the Declaration Completion Instructions in this guide and see the Electronic Filing System (EFS) User’s Guide. http://help.ltsa.ca/cms/web/help/efs-users-guide
ITEM 2(b)—Market Value Instruction
Enter the market value of the property expressed in figures. User Guide
ITEM 3—Consideration Instruction
Enter the consideration expressed in figures or by description. User Guide
(1) If the consideration is in figures, enter it in the left-hand field, if it is a description, enter it in the right-hand field.
EXAMPLE-MONETARY CONSIDERATION (FIGURES):
EXAMPLE-MONETARY CONSIDERATION (DESCRIPTION):
(2) If the consideration is non-monetary, enter a description of the consideration. The expression “. . . and other good and valuable consideration” is not an accurate description. EXAMPLE-NON-MONETARY CONSIDERATION:
(3) If no consideration is set out in Item 3, a transfer in Form A is not registrable. ITEM 4—Transferor
Instruction
(1) Transferor Name Field: 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.
EXAMPLE—INDIVIDUAL(S) TRANSFEROR(S):
(3) In the case of a corporation that is incorporated, registered or continued in British Columbia, enter the B.C. incorporation or registration number. If the corporation is neither incorporated nor registered in B.C., the name of its governing jurisdiction may be entered in Item 4.
EXAMPLE-CORPORATE TRANSFEROR:
(4) Use Schedule: A schedule may only be used if there is insufficient space in Item 4 to enter the names of all of the transferors (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information for all of the transferors in the schedule. Do not set out some names in Item 4 and some in the schedule.
EXAMPLE-SEE SCHEDULE ENTERED IN ITEM 4:
ITEM 5—Freehold Estate Transferred Instruction
Freehold Selection Field: Select the type of freehold estate to be transferred from drop down menu in Item 5.
User Guide
(1) Section 186(4) to (8) of the Land Title Act contemplates four categories of freehold estate, namely:
(c) determinable fee simple; (d) fee simple on condition.
(2) If an estate in fee simple is being transferred, the default in Item 5 is Fee Simple. Section 186(4) of the Land Title Act operates to transfer the estate of the transferor without any words of transfer or limitation.
EXAMPLE-FEE SIMPLE:
(3) In the case of a life estate, select For the Life of the Transferee from the drop down menu in Item 5.
(4) For a Determinable Fee Simple or Fee Simple on Condition, select the appropriate estate from the drop down menu in Item 5. The form opens a schedule automatically. Enter the appropriate text creating the limitation in the schedule. If the limitation already exists, state the applicable determinable fee simple or fee simple on condition in the schedule.
EXAMPLE-SELECTING DETERMINABLE FEE SIMPLE FROM DROP DOWN MENU:
EXAMPLE-SELECTING FEE SIMPLE ON CONDITION FROM DROP DOWN MENU:
EXAMPLE-SCHEDULE SHOWING FEE SIMPLE ON CONDITION:
EXAMPLE-SCHEDULE SHOWING FEE SIMPLE ON CONDITION BEING TRANSFERRED:
(5) Item 5 may be used to qualify the nature of the freehold passing by entering an exception or reservation from the grant. Select Fee Simple w ith Exceptions and Reservations (See Schedule) from the drop down menu in Item 5. The form automatically opens a schedule to set out the exception and reservation.
EXAMPLE-SELECTING FEE SIMPLE WITH EXCEPTIONS AND RESERVATIONS FROM DROP DOWN MENU
EXAMPLE-SCHEDULE SHOWING FEE SIMPLE WITH EXCEPTION OR RESERVATION:
(6) Rights or interests reserved to the transferor in Item 5 must be capable of registration as a charge and the transferor must apply concurrently in Form 17 for registration under section 181 of the Land Title Act.
(7) If, at the time the transfer is executed it is intended to register the title subject to a certificate of pending litigation under section 216(2)(a) of the Land Title Act, the appropriate entry may be made in Item 1, Additional Information, , or in an electronic Declaration.
For information on filing declarations, see the Declaration Completion Instructions in this guide and see the Electronic Filing System (EFS) User’s Guide. http://help.ltsa.ca/cms/efs-users-guide
ITEM 6—Transferee Instruction
A schedule must be used where there are more than two individual transferees or where there is one corporate transferee and at least one other transferee, whether an individual or a corporation. If a schedule is required for Item 6, enter the transferee information on the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information in the schedule. Do not set out some information in Item 6 and some in the schedule. Once Use Schedule is selected, the transferee fields cannot be changed and the schedule must be completed or a new form started.
(1) Enter the following data by pressing the TAB key to move from one field to the next:
(a) Transferee Name Field: For individuals: name and occupation. A semicolon is required after the given names and between the family name and occupation, e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION. For corporations: corporation name.
For corporations: corporation name;
(b) Second Transferee Name Field: For individuals: name of the second individual, if any, and occupation,e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION
For corporations: enter the incorporation number in the incorporation number field. (c) Transferee Street address Field; Enter the street address.;
(d) City Field; Enter the name of the city;
(e) Postal Code Field; Enter the postal code or zip code for out of Canada addresses.
(2) If the transferee is incorporated, registered or continued in British Columbia or incorporated federally, enter its name in the Transferee name field and its incorporation number in the incorporation number field, which will appear after the corporation name is entered. If the corporation is neither incorporated or registered in B.C. nor incorporated federally, enter the corporation’s name and attach proof of its incorporation on an electronic declaration.
(3) Additional information, such as references to branch offices or further descriptive information must not be included in the name field. This information may be included in the street address field, as long as the street address still fits.
(4) The fields for province or state, country and incorporation type, for corporations, are pre-entered but can be edited by clicking on them with the mouse.
See the Electronic Filing System (EFS) User’s Guide for information on importing and exporting data. http://help.ltsa.ca/cms/web/help/efs-users-guide
User Guide
(1) A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code.
(2) The transferees’ names must be set out in capital letters. Names must not be underlined or highlighted.
INDIVIDUAL TRANSFEREES
(1) Individuals’ names and occupations must be entered in the following format with the items separated by semicolons. Failure to use semicolons indicates the transferee is a corporation.
GIVEN NAME(S); FAMILY NAME; OCCUPATION
Note that when the electronic form is printed, commas between the name and occupation replace the semicolons, and the yellow click boxes do not appear.
(2) If there are two individual transferees, enter the second name underneath the first in the same format. Do not use connecting words such as “and”. If the borrowers are joint tenants, click on Joint Tenants?. Answer “yes” in the pop-up dialogue box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To change the selection, click on Joint Tenants?. The software will ask that the selection be confirmed again.
INDIVIDUAL AND CORPORATE TRANSFEREES
(1) Two individuals or one corporation must be entered in Item 6. If there is an individual and one corporation, or if there are more transferees, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the required information for all of the transferees in the schedule. Do not enter some information in Item 6 and some in the schedule.
EXAMPLE—USE SCHEDULE FOR ONE INDIVIDUAL AND ONE CORPORATE TRANSFEREE:
CORPORATE TRANSFEREES
(1) If there is more than one corporation, enter this information on a schedule (click on Use Schedule).
EXAMPLE—SCHEDULE SHOWING MORE THAN ONE CORPORATE TRANSFEREE:
(2) In the case of a corporate transferee that has branch offices, a branch office address for service may be included in the address field as the address of the transferee.
(3) If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the corporate transferee’s street address.
the schedule (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information in the schedule. Do not set out some information in Item 6 and some in the schedule. Once Use Schedule is selected, the Transferee field cannot be changed and the schedule must be completed or a new form started.
EXAMPLE-SEE SCHEDULE SELECTED IN ITEM 6:
FRACTIONAL INTERESTS
(1) Where transferees are taking unequal fractional interests, click the add fractional interest button and enter the interest.. This requirement does not apply where transferees are taking either as joint tenants or tenants in common in equal shares. Where transferees take in unequal shares, their respective interests must be shown as fractions of the interest being transferred and not as fractions of the whole land. For example, if Item 2(a) refers to an undivided 1/2 interest and it is intended to apportion that interest among 3 transferees in unequal shares, the fractional shares shown in Item 6 must total to 1.
For example, if one of the transferees is to take ½ of the undivided ½ interest and the other two transferees are to take 1/4 each, Item 6 would be completed as shown in the following example. As there are more than two individual transferees in this example, the information is entered on a schedule (click on Use Schedule).
EXAMPLE-SCHEDULE SHOWING UNEQUAL FRACTIONAL INTERESTS:
EXAMPLE-TWO COMPANIES LISTED ON A SCHEDULE
ITEM 7—Execution Instruction
(1) Item 7 is used for execution of a freehold transfer by the transferor and for officer certification.
(2) If the space provided is not sufficient for execution by all transferors, click on More Signatures. An additional page in Form D Executions Continued will be appended to the form. Where an officer has certified the transferor’s signature, the certification must appear on the same page as the execution.
(3) The date of execution, given in year, month and day, must be indicated in the space provided in Item 7. Years must be entered using the last 2 digits (e.g., “89” for 1989). Months must be designated by number (e.g., “2” for February).
User Guide
INDIVIDUAL TRANSFEROR
(1) For natural persons, under the Transferor(s) Signature(s) column in Item 7, enter the transferor’s name immediately below the signature of the transferor.
(2) Officer Signature(s) field. Enter the following data, pressing the Tab key to move from one field to the next.
a) in the name field enter the witnessing officer’s name;
b) in the officer professional capacity field, select the professional capacity from the drop down menu (e.g., solicitor, notary or commissioner for taking affidavits in B.C.) or click in the blank field and manually enter their professional capacity;
c) in the address field, enter the address in the lower field immediately below the signature of the certifying officer.
Note: Text in the officer professional capacity description field is designed to shrink the font size to accommodate several additional letters but is not intended to accommodate lengthy descriptions. Where the description begins to decrease the font size is to the point of illegibility, select See Form D, click on More Signatures and set out all of the information in a Form D. EXAMPLE-OFFICER SIGNATURE IN ITEM 7:
EXAMPLE-PROFESSIONAL CAPACITY MAY BE ENTERED IN BLANK FIELD:
(3) The definition of 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 transferor signature certified by the officer. If one officer is certifying more than one transferor signature, add “as to all signatures” or “as to the signatures of …” immediately below the officer signature.
EXAMPLE-OFFICER CERTIFICATION AS TO ALL SIGNATURES:
CORPORATE TRANSFEROR
(1) In the case of a transfer executed by a corporation, ensure that the name of the authorized signatory is typed immediately below the signature. Note that the 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 in this User Guide also apply to this form of execution.
EXAMPLE-EXECUTION BY CORPORATE TRANSFEROR:
(2) If a corporate seal is affixed to a true copy, the seal must not obliterate or obscure any signature or information entered in Item 7. In the case of a corporate attorney, it is the seal of the attorney that is affixed rather than the seal of the party for whom the attorney acts. EXECUTION BY INDIVIDUAL ATTORNEY
(1) 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 in this User Guider also apply to this form of execution. EXAMPLE-EXECUTION BY INDIVIDUAL ATTORNEY:
EXAMPLE-EXECUTION BY CORPORATE ATTORNEY:
(2) If there is insufficient space in Item 7 to describe either the officer or the transferor, enter the words See Executions Continued in the officer section, click on More Signatures and set out all of the information in Form D Executions Continued.
EXAMPLE-SEE FORM D ENTERED IN ITEM 7:
LACK OF CERTIFICATION
(1) If the transferor signature cannot be certified by an officer, enter SEE AFFIDAVIT OF EXECUTION.
EXAMPLE-SEE AFFIDAVIT OF EXECUTION ENTERED IN ITEM 7:
(2) Complete an electronic Declaration or attach an image of an affidavit to the declaration that complies with Part 5 of the Land Title Act. If the declaration is completed prior to submitting the transfer document, the declaration is included with the submission. If the declaration is created after submitting the transfer document, the declaration is filed using the Corrective Declaration process.
For information on filing declarations, see the Declaration Completion Instructions in this guide and the Electronic Filing System (EFS) User’s Guide.
http://www.ltsa.ca/cms/web/help/efs-users-guide
(3) 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 cases where 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 transfer was executed outside British Columbia.
(4) In cases where the freehold transfer document is executed outside British Columbia, the registrar will accept that it is difficult to obtain officer certification in all cases and will accept an affidavit of execution in lieu of officer certification.
Electronic Signature. Once the electronic form is completed, a hardcopy must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of the officer must be entered before the electronic signature is affixed.
For detailed procedures, see the Electronic Filing System (EFS) User’s Guide. http://www.ltsa.ca/cms/web/help/efs-users-guide
FORM B MORTGAGE PART 1 COMPLETION INSTRUCTIONS GENERAL
(1) Upon submission of a Mortgage in Form B to the land title office, a separate application is not necessary unless the mortgage also creates a floating charge, capable of registration under the Land Title Act, that the lender wants to register concurrently against other land. In that case, the lender must apply to register the floating charge in Form 17.
(2) Every item in Form B must be completed in accordance with these completion instructions and user guide.
(3) The mortgage document includes:
(a) all pages of the mortgage in Form B;
(b) any additional pages to accommodate borrower and officer signatures in Form D Schedule;
(c) all pages attached to the mortgage as a schedule in Form E;
(d) all pages of the express terms, if any, attached to the mortgage as Part 2; (e) an affidavit of execution, if any, attached to an electronic declaration;
and the mortgage document must be arranged in that order.
(4) Electronic land title forms, including their schedules, are numbered automatically and the user is not required to number the pages within the form. If the submission includes additional material, other than the electronic land title forms and their schedules, (e.g., Part 2 Terms of Instrument), page numbers on the additional material are not updated and the land title office does not require that these pages be numbered. Note that a declaration is not numbered as part of Form B.
5) Do not include the number of pages contained in a filed or prescribed set of standard mortgage terms that are incorporated by reference. Although incorporated by reference, they are not part of the mortgage form.
(6) The phrase END OF DOCUMENT is not required on an electronic form.
Lock and Unlock. Clicking on the LOCK button at the top of the page locks or freezes all the data in the form fields—except for items in the application section, the execution section, and the Pick up STC? check box, which can be edited—and enters a unique identifier. Locking the form deletes any unused schedules. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier.
deleted from the document (e.g., the insertion of Part 2 Express Terms created on a word processor).
Electronic Signature. Once the electronic form is completed, a hardcopy must be printed and executed in accordance with Part 5 of the Land Title Act. The name and particulars of the officer must be entered before the electronic signature is affixed.
A British Columbia lawyer or notary who is a subscriber must affix their electronic signature before the form is submitted electronically. The electronic signature certifies that the subscriber has in their possession a signed true copy, or a copy of that copy (e.g., a facsimile).
To affix the electronic signature to the form, click on the box at the right of the certification statement. Once an electronic signature is affixed, the form cannot be modified in any way. An unsigned copy of the form should be saved before the electronic signature is affixed.
For detailed procedures, see the Electronic Filing System (EFS) User’s Guide. http://help.ltsa.ca/cms/web/help/efs-users-guide
SPECIFIC
ITEM 1—Application Instruction
(1) Electronic forms are designed with specific fields intended for specific information.Enter the following datain the field specified for that purpose by pressing the TAB key to move from one field to the next:
(a) Applicant Name Field: Enter the name of applicant or applicant’s solicitor or agent; (b) Applicant Address Line 1: Enter the street address [This field may be used to continue
the description of the applicant from the Applicant Name Field where necessary]; (c) Applicant Address Line 2: Enter the street address on Line 2(if necessary); (d) City Field: Enter the name of the city;
(e) Province Field: Enter the abbreviated name of the province;
(f) Postal Code Field: Enter the postal code or zip code for out of Canada addresses; (g) Additional Information Field: Enter the phone number for the applicant, solicitor, or
agent and additional instructions and information;
(h) The lender institution’s reference number may also be included in the Additional Information field.
Where the city, province and postal code fields are not completed with appropriate text, the user will receive a warning upon applying their electronic signature.
(3) If the transferee is exempt from land title office fees, deselect the Deduct LTO Fees? check box. Application must be made on behalf of a Ministry [name the Ministry] and the Ministry file must be referenced in the Additional Information field.
Import Profile. Users who often enter the same information into the application section of the electronic forms may find it useful to create a profile of commonly used data.
If a profile already exists, clicking on Import Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Electronic Filing System (EFS) User’s Guide. http://help.ltsa.ca/cms/web/help/efs-users-guide User Guide
(1) Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the estate transferred. Item 1 constitutes the application to register the estate transferred 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 is sent electronically to the person who submitted the application, who may not be the applicant. (2) If the applicant or the applicant’s solicitor or agent is an individual, his or her name, address
(with postal code) and phone number 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 of an individual who is authorized to do all acts necessary to effect registration of the freehold transfer must be entered.
ITEM 2—Parcel Identifier and Legal Description of Mortgaged Land Instruction
(1) Multiple parcels may be included on one electronic Form B.
(2) Enter the following data, pressing the TAB key to move from one field to the next: (a) The fractional interest being mortgaged (if applicable);
(b) PID in the format “999-999-999” (e.g., type “079-345-232”, not “079 345 232” or “079345232”) or select NO PID NMBR and complete the Related Plan Number field. The related plan must be in the same package or have a pending status when the Form B is submitted electronically. Note that, in limited circumstances, where the Form B is accompanied by an application described in Item (8) of this User Guide, a PID number or a related plan number is not required;
EXAMPLE-NO PID NUMBER WITH RELATED PLAN NUMBER:
(3) A state of title certificate (STC) can be requested by selecting the STC?… YES check box. If the STC will be picked up from the land title office, click on Pick up STC? and, in the pop-up dialogue box, enter the name of the person or corporation who will pick pop-up the STC. If this option is not selected, the STC will be sent to the address shown in the application section.
Pick up STC? is disabled when NO PID NMBR is selected or there is more than one title registered against the PID number.
User Guide
(1) The legal description consists of everything shown below the PID number in the Description of Land segment of a printed computer title.
(2) Preambles such as “All and singular that certain parcel …” in the legal description must not included. Similarly, reference to a strata lot owner’s share in the common property must not be included in the legal description. Preambles such as “That part of Lot 4 … . shown on …” may be used where required.
(3) Lot and Plan numbers should be entered in figures only. In addition, the following abbreviations are acceptable:
Rge = Range Bl = Block Gp = Group Tp = Township Dist = District Sec = Section N = North S = South DL = District Lot W = West E = East LD = Legal Subdivision
W6M = West of the Sixth Meridian Frac = Fractional
THSL = Town of Hastings Suburban Lands
KDYD = Kamloops Division, Yale District NWD = New Westminster District ODYD = Osoyoos Division, Yale District
SDYD = Similkameen Division, Yale District TID = Texada Island District
YDYD = Yale Division, Yale District.
(4) It is not acceptable to include reference to a water, assessment or improvement district or legal notations such as “hereunto annexed is Easement No. …”.
(5) The legal description with parcel identifier number must be recorded entirely within Item 2 and must not continue onto a schedule. The legal description must be entered opposite the PID number of the parcel it describes.
(6) If there is more than one legal description or if the space is not sufficient in Item 2 for the complete parcel identifier number and legal description, set out the complete description in a schedule. Click on Use 30 Parcel Schedule for legal descriptions needing one line of text or click on Use 3 Parcel Schedule for lengthier legal descriptions. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Once the schedule is selected, the Legal Description field cannot be changed and the schedule must be completed or a new form started.
Use 30 Parcel Schedule has 30 fields for legal descriptions requiring only one line of text and PID numbers. Use 3 Parcel Schedule has three fields for lengthy legal descriptions and PID numbers.
For further information on completing the schedule, see the Form E Schedule Completion Instructions in this guide. For information on importing and exporting data, see the Electronic Filing System (EFS) User’s Guide. http://help.ltsa.ca/cms/web/help/efs-users-guide
EXAMPLE-SEE SCHEDULE ENTERED IN ITEM 2:
(7) If a PID number has not been assigned to the parcel, select NO PID NMBR followed by the legal description. Parcels without PID numbers must have a related plan number. The related plan number must be in the same package or have a pending status when the Form B is filed electronically.
(8) No PID number or related plan number is required if the Form B accompanies an application for title to unregistered land and it is submitted in the same package as a Form 17 Fee Simple or Form C Charge with one of the following Natures of Interest.
Form Type Nature of Interest
Form 17 Fee Simple
APPLICATION BY OWNER OF ABSOLUTE FEE FOR
INDEFEASIBLE TITLE
APPLICATION FOR TITLE TO ROAD FIRST NATIONS LANDS TITLE TITLE TO CLOSED ROAD CROWN GRANT
CROWN GRANT SUBMITTED BY SURVEYOR GENERAL
TITLE TO CROWN LAND IN SRW, s. 24, B.C. REG. 334/79
Form C
Charge VANCOUVER STREET LEASE
EXAMPLE-APPLICATION IN FORM B WITH NO PID NUMBER OR RELATED PLAN NUMBER:
(9) The electronic filing system notes the application on the registered title of a parcel by PID number only. When NO PID NMBR is selected and the Related Plan Number field is completed, the application is noted by the PID number of the registered title included in the related plan application. Users receive a warning when a Form B is submitted without a PID number or related plan number unless the mortgage of unregistered land is accompanied by the Form 17 application in the same package.
(10) When an application includes parcels with PID numbers and parcels without PID numbers, a schedule must be used.
EXAMPLE-SCHEDULE FOR PARCELS WITH AND WITHOUT PID NUMBERS:
ITEM 3—Borrower [Mortgagor] Instruction
(b) Second borrower name field. For individuals: name of the second individual, if any, and occupation, e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION. See below under User Guide if a second borrower is a corporation.
(c) Street address field: Enter the street address. (d) City field: enter the name of the city.
(e) Province field: update the province or state and country field if necessary.
(f) Postal code field: enter the postal code, or the zip code for out of Canada addresses. (2) If the borrower is incorporated, registered or continued in British Columbia or incorporated
federally, enter its name in the borrower name field and its incorporation number in the incorporation number field.
If the corporation is neither incorporated or registered in B.C. nor incorporated federally, enter the corporation’s name and attach proof of its incorporation on an electronic Declaration.
(3) Additional information, such as references to branch offices, or further descriptive information must not be included in the name field. This information may continue into the street address field, as long as the street address still fits.
(4) The fields for province or state, country and incorporation type, for corporations, are pre-entered but can be edited by clicking on them with the mouse.
User Guide
(1) A city, town or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code.
(2) The borrower’s name should be set out in capital letters and in full as it appears on the title. Names cannot be underlined or highlighted.
(3) Individuals’ names must be entered in the following format with the items separated by semicolons. If no semicolons are entered, the borrower is assumed to be a corporation. GIVEN NAME(S); FAMILY NAME
Note that when the electronic form is printed, the semicolons are replaced by commas between the name and occupation and the yellow click boxes do not appear.
(4) If there are two individual borrowers, enter the second name underneath the first in the same format. Do not use connecting words such as “and”. If the borrowers are joint tenants, click on Joint Tenants?. Answer “yes” in the pop-up dialogue box and the phrase AS JOINT TENANTS will appear at the left-hand side of the form. To change this selection, click on Joint Tenants?. The software will ask that the selection be confirmed again.
EXAMPLE-JOINT TENANTS:
(5) Two individual borrowers who use the same address must be entered in Item 3. If there is more than one address, a schedule is required (click on Use Schedule).
(6) In the case of a corporation that is incorporated, registered or continued in British Columbia, enter the B.C. incorporation or registration number in the incorporation number field. If there is no incorporation number, enter a space in the incorporation number field and tab into the third line to continue with the borrower’s postal address.
(7) If there is one individual and one corporate borrower, a schedule must be used (click on Use Schedule).
(8) Only one corporate borrower can be entered in Item 3. If there is more than one corporate borrower, a schedule must be used (click on Use Schedule).
EXAMPLE-SCHEDULE SHOWING MORE THAN ONE CORPORATION:
(9) If there is insufficient space in Item 3 to enter the names and postal addresses of all of the borrowers, a schedule must be used (click on Use Schedule). The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out the names and addresses of all of the borrowers in the schedule. Do not enter some information in Item 3 and some in the schedule.
ITEM 4—Lender [Mortgagee] Instruction
(1) Enter the following data by pressing the TAB key to move from one field to the next: (a) Lender Name Field: For individuals: name and occupation. A semicolon is required after
the given names and between the family name and occupation, e.g., GIVEN NAMES; FAMILY NAME; OCCUPATION. If there is more than one individual, a Form E Schedule must be used.
For corporations: corporation name and incorporation number for corporations other than banks;
(b) Additional Information Field: Further descriptive information, if desired. (c) Street Address Field: Enter the street address;
(d) City Field: Enter the name of the city;
(e) Province Field: Update the province or state and country field if necessary;
(f) Postal Code Field: Enter the postal code or zip code for out of Canada addresses. (2) If the lender is incorporated, registered or continued in British Columbia or incorporated
federally, enter its name in the Lender Name Field and its incorporation number, if any, in the Incorporation Number Field. If the corporation is neither incorporated or registered in B.C. nor incorporated federally, enter the corporation’s name and attach proof of incorporation on an electronic declaration.
(3) Additional information, such as references to branch offices, or further descriptive information must not be included in the name field. This information may be included in the Additional Information Field directly below the name field and may continue into the street address field, as long as the street address still fits.
(4) The fields for province or state, country, and incorporation type, for corporations, are pre-entered but can be edited by clicking on them with the mouse.
Institution Profile. Users who often enter the same lender or mortgagee information into the lender section of forms may find it useful to create an institution profile of commonly used data. If a profile already exists, clicking on Institution Profile will enter the default information stored in the profile. This information can be edited. To find out how to create profiles, see the Electronic Filing System (EFS) User’s Guide. http://help.ltsa.ca/cms/web/help/efs-users-guide Example-institution profile:
User Guide
(1) A city, town or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code.
(2) The name of the lender should be set out in capital letters and in full. Names cannot be underlined or highlighted.
(3) Individuals’ names and occupations must be entered in the following format with the items separated by semicolons. If no semicolons are entered, the lender is assumed to be a corporation.
GIVEN NAME(S); FAMILY NAME; OCCUPATION
Note that when the electronic form is printed, the semicolons are replaced by commas between the name and occupation, and the yellow click boxes do not appear.
(4) Only one individual or one corporate lender can be entered in Item 4. If there is more than one lender, click on Use Schedule. The words SEE SCHEDULE will appear and a schedule will be appended to the form. Set out all of the information about all of the lenders in the schedule. Do not enter some information in Item 4 and some in the schedule.
