For land title registrations that are excluded from filing a transparency declaration, check the Excluded from LOTA box (1) and select a Type of Exclusion from the drop-down list (2). The legal professional is responsible for determining if a filing is excluded from LOTA. If an incorrect exclusion is reported and submitted, the filing can only be corrected by withdrawing the package and resubmitting it with the correctly referenced transparency declaration ID.
If this step is being performed in web filing, remember to click Done once the exclusion type is selected.
If this step is being performed from the EFS dashboard refer to the image below:
LOTA does not apply to Indigenous land or prescribed land as indicated in s. 6 of LOTA and listed below:
- treaty lands of a Treaty First Nation;
- Nisg̲a'a Lands;
- Nisg̲a'a Fee Simple Lands as defined in the Definitions Chapter of the Nisg̲a'a Final Agreement;
- shíshálh Nation lands, as defined in section 2 (1) of the shíshálh Nation Indian Band Self-Government Act (Canada);
- a reserve, as defined in section 2 (1) [definitions] of the Indian Act (Canada);
- Other Maa-nulth First Nation Lands as defined in the Definitions Chapter of the Maa-nulth First Nations Final Agreement;
- Other Tla'amin Lands as defined in the Definitions Chapter of the Tla'amin Final Agreement;
- Other Tsawwassen Lands as defined in the Definitions Chapter of the Tsawwassen First Nation Final Agreement;
- prescribed land.
There are also exemptions for the Government of BC filings as well as Surveyor of Taxes filings.
Please refer to relevant sections of the Land Owner Transparency Act for details.
LOTA defines an "interest in land" as meaning any of the following, and may be excluded if it does not fall under one of these categories:
- an estate in fee simple;
- a life estate in land;
- a right to occupy land under a lease that has a term of more than 10 years;
- a right under an agreement for sale to
- occupy land, or
- require the transfer of an estate in fee simple;
- a prescribed estate, right or interest.