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This guide does not address the requirements for remote witnessing of affidavits for use in land title applications. To see direction on remote witnessing of affidavits view PB 01-20 Process for Remote Witnessing of Affidavits for use in Land Title Applications.


General

1.1

If the signature of the transferor is not witnessed in the manner required by Part 5 of the Land Title Act, the registrar may accept an affidavit of execution if it meets the requirements set out in section 49 of the Land Title Act.

Section 49

  

If instrument not witnessed

49

If

(a) the signature of a transferor is not witnessed in the manner required by this Part, and
(b) the registrar is of the opinion that the circumstances require, the registrar may receive the instrument for the purpose of registration in the same manner as if its execution had been witnessed in accordance with this Part on being satisfied
(c) as to the facts, and
(d)

as to the testimony, by affidavit,

(i) of a person 16 years of age or older acquainted with the transferor and the signature of the transferor stating his or her belief that the signature subscribed to the instrument is the signature of the person named in the instrument as transferor, or
(ii) in the case of a corporate transferor or corporate attorney, of a person 16 years of age or older having personal knowledge of the matters contemplated in sections 44, 46 and 48(2) that would otherwise be acknowledged by the authorized signatory before an officer under those sections.
1.2

The title certification rules require strict compliance. Where an officer has not witnessed a transferor’s signature, the following practice applies:

(a) An affidavit of execution must state the reason an officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of an officer certification.
(b) If the transferor executed the instrument in British Columbia, the registrar exercises his or her discretion to determine whether the reasons stated in the affidavit of execution justify its use. The registrar is not likely to exercise discretion unless office certification is simply impossible to obtain under the circumstances.
(c) If the transferor executed the instrument outside British Columbia, the registrar accepts affidavits without further justification.

Find more detailed practice information in the Land Title Practice Manual, Section 49, Practice.


Submit in Web Filing

2.1

In web filing select “I have an Affidavit of Execution” in the execution data entry section. When the form is generated, “See Affidavit of Execution” automatically appears in the officer signature field.

Web filing affidavit of execution data entry section
Web filing affidavit of execution data entry section
Web filing affidavit of execution data entry section
Web filing affidavit of execution data entry section
2.2 Prepare the affidavit of execution and attach it to a Form Declaration. See the Form Declaration Practice Guide for more on preparing declarations.
2.3 The E-filing Directions, section 3.3.7 allow the submission of a true copy of an affidavit under section 49 of the Land Title Act.

Examples of Preferred Forms of Affidavit

The following preferred forms of affidavit are intended to provide guidelines only. Changes to wording may be acceptable.

EXAMPLE 1: For a Transfer Form Executed by an Individual

(1) I am 16 years of age or older and am acquainted with the person named in the instrument as the transferor.
(2) I am acquainted with the signature of the transferor and believe that the signature subscribed to the instrument is the signature of the transferor.
(3) The signature of the transferor was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed by the transferor outside British Columbia].

EXAMPLE 2: For a Transfer Form Executed by a Corporation

(1) I am 19 years of age or older and am a person named in the instrument as an authorized signatory of the transferor and I was authorized by the transferor to execute the instrument.
(2) Any other person who executed the instrument for the transferor was authorized to do so by the transferor.
(3) The transferor existed at the time the instrument was executed and is legally entitled to hold and dispose of land in British Columbia.
(4) My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia].

EXAMPLE 3: For a Transfer Form Executed by an Individual Attorney on Behalf of an Individual Transferor

(1) I am the attorney of the transferor under a subsisting power of attorney and am 19 years of age or older.
(2)

I am the person named in the instrument as the attorney of the transferor and, at the time I executed the instrument, I had no knowledge of

[in a case where the power is not enduring]

(a) the death, bankruptcy or mental infirmity of the transferor;

[in a case where the power is enduring]

(a) the death or bankruptcy of the transferor or of a termination of my authority under the power of attorney by the operation of s. 29 of the Power of Attorney Act; or
(b) a revocation of the power of attorney by the transferor.
(3) My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia].

EXAMPLE 4: For a Transfer Form Executed by an Individual Who Is an Attorney of a Corporate Transferor

(1) I am the attorney of the transferor under a subsisting power of attorney and am 19 years of age or older.
(2) I am the person named in the instrument as the attorney of the transferor and at the time the instrument was executed the transferor existed and I had no knowledge of the dissolution or bankruptcy of the transferor or of a revocation of the power of attorney by the transferor.
(3) The transferor is legally entitled to hold and dispose of land in British Columbia.
(4) My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia].

EXAMPLE 5: For a Transfer Form Executed by a Corporate Attorney of an Individual Transferor

(1) [Name of corporate attorney] is the attorney of the transferor under a subsisting power of attorney.
(2)

I am an authorized signatory of the person named in the instrument as the attorney of the transferor and, at the time the instrument was executed, neither I nor the attorney had knowledge of

[in the case where the power is not enduring]

(a) the death, bankruptcy or mental infirmity of the transferor;

[in a case where the power is enduring]

(a) the death or bankruptcy of the transferor or of a termination of my authority under the power of attorney by the operation of s. 29 of the Power of Attorney Act; or
(b) a revocation of the power of attorney by the transferor.
(3) I was authorized by the attorney to execute the instrument and the attorney existed at the time I executed the instrument.
(4) My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia].

EXAMPLE 6: For a Transfer Form Executed by a Corporate Attorney of a Corporate Transferor

(1) [Name of corporate attorney] is the attorney for the transferor under a subsisting power of attorney.
(2) I am an authorized signatory of the attorney of the transferor and, at the time I executed the instrument, neither I nor the attorney had any knowledge of the dissolution or bankruptcy of the transferor or of a revocation of the power of attorney by the transferor.
(3) I was authorized by the attorney to execute the instrument and both the attorney and the transferor existed at the time I executed the instrument.
(4) The transferor is legally entitled to hold and dispose of land in British Columbia.
(5) My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia].