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A Web Filing form must be completed and electronically signed online using a myLTSA Enterprise account and in compliance with the directions provided in this guide.
After you login to your account and create a package, you can start an application. Three key steps to prepare and submit a web filing form are outlined below.
- Complete the data entry sections to create a web filing form
- Review, print, execute and e-sign the form in compliance with the statutory requirements of Land Title Act Part 10.1
- Click Submit Package to submit your package immediately to the land title office or click Prepare Submission in EFS to send your package to EFS where you can add files (PDF or web form) or defer a submission
The content in this guide sets out practice requirements and guidance for completing each data entry section in a web filing form. It does not provide step-by-step instruction of the functional components in the data entry sections (i.e. features and functions of buttons and menus on the page). To learn about the functional components of the page, please see Web Filing in myLTSA Help.
Complete the name, address, phone number and (optional) more information.
|1.2||Under the Land Title Act, the applicant is the person who is entitled to be the registered owner of the estate or interest in land charged. The applicant section on the web filing form constitutes the application to register the estate or interest in land charged and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument.|
|1.3||If the transferee is exempt from land title fees, select the fee-exempt BC government checkbox. The application must be made on behalf of a ministry (name the ministry) and the ministry file must be referenced in the additional information field.|
|1.4||All notices (e.g. notice of receipt, notice declining to register) are sent electronically to the person who submitted the application.|
If, at the time the application is submitted, it is intended to register the applicants charge subject to a certificate of pending litigation under section 216(2)(a) or a caveat under section 288(2) of the Land Title Act, the appropriate written statement may be made in the additional information field.
|1.6||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 or a caveat.|
In cases where a transferee has only one name, open the More information field and enter "the transferee has only one name". See paragraph 6.11 for guidance on completing Transferee Name fields when the transferee has only one name.
Complete the type of charge, lien or interest and if applicable, enter the charge number if the application is intended to assign, modify, transfer or extend a registered charge.
If a priority agreement forms part of the same package or application, the Add Information field may be used to describe the priority arrangement between affected charges or applications.
If a charge affects only a portion of the land, there must be a statement to that effect in the Add Information field.
If 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 Add Information field.
Where the common property of a strata plan is the dominant tenement, all strata lots in the strata plan and the common property must be referenced in the Add Information field. PID numbers are not necessary for the dominant tenement strata lots in the Add Information field.
When nature of interest Transfer of Charge is selected, the Terms of Instrument defaults to a consideration of $1.00 and other valuable consideration. Enter any additional or modified terms in this data entry section.
When nature of interest Transfer of Charge is selected, a Part 2 - Terms of Instrument that includes words of transfer is automatically appended to the web filing form. If you don’t want to use the granting language and consideration in the Standardized Part 2 Terms, you must add the express terms in the Additional or Modified Terms field.
When nature of interest Assignment of Rents is selected, the Terms of Instrument defaults to a consideration of $1.00 and other valuable consideration. The Consideration Value and Other consideration fields can be amended as required.
The Additional or Modified Terms filed must be used to enter any additional terms beyond the words of grant and consideration included in the Standardized Part 2 Terms, or to expand on or modify certain references in the provided words of grant
When nature of interest Assignment of Rents is selected, a Part 2 - Terms of Instrument that includes words of grant is automatically appended to the web filing form. If you don’t want to use the granting language and consideration in the Standardized Part 2 Terms, you must add the express terms in the Additional or Modified Terms field.
|2.11||A debenture security or security agreement that does not create a mortgage of specific land must be in Form C Charge where it creates an equitable charge other than a floating charge.|
|2.12||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 Charge.|
|2.13||For an extension of charge, include only the PID and legal description of the land where the charge is to be extended.|
|2.14||The selected nature of interest, terms of instrument and legal description must all agree.|
Complete the PID or Plan Number and Legal Description associated with the charge, lien, or interest.
If entering a related plan number, enter the plan number in the PID or Plan Number field.
If a parcel has no PID but there is a related plan number, the plan number must be in the same package or have a pending status when the Form C is submitted. The application is noted against all the registered titles affected by the related plan number.
|3.4||A PID number cannot be duplicated in a single document and a related plan number must be accompanied by a plan application with a PID number and registered title to ensure acceptance in the electronic filing system.|
|3.5||If a parcel of land is to be subdivided and there are charges that relate to each of the new lots within the subdivision plan, enter the parent PID number or relate the application to the subdivision plan number in the same package.|
For an extension of charge application with a related plan number in the same package, enter the subdivision plan number in the plan field and include both legal descriptions of the parent parcel and the new parcel as described in the below example.
In limited circumstances, neither a PID number or related plan number is required if the Form C Charge affects 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:
|3.8||When the application applies to the common property, enter the strata plan number in the PID or Plan Number field. The application will be noted against all titles in the strata plan.|
|3.9||When entering a plan number, you must enter a legal description. The e-filing system will reject your application if no legal description is entered.|
The following legal description abbreviations are acceptable:
|3.11||When manually entering legal descriptions, extraneous information such as preambles; references to an owner’s share in the common property; water assessment; improvement district; or legal notations must not be included.|
|3.12||If the application applies to less than the whole lands, complete the undivided interest.|
|3.13||If you select STC, the order will be sent electronically to the submitter’s myLTSA Inbox.|
If express charge terms is selected, upload the terms using the Part 2 or Informational Document section of the data entry section.
If filed standard charge terms is selected enter the filing number and if the terms include any deletions, modifications, or additions, enter any changes to the terms in the additional or modified terms field.
|4.3||If there are no additional or modified terms or express charge terms is selected, the additional or modified terms field will appear as an empty, read-only field on the Web Filing Form.|
|4.4||In the case of a modification agreement or priority agreement, the terms are treated as express charge terms. Upload the terms to the Part 2 or Informational Document data entry section.|
|4.5||When natures of interest Assignment of Rents or Transfer of Charge are selected, a Part 2 – Terms of Instrument that includes words of grant are automatically appended to the web filing form.|
Complete full name of the transferor(s) as it appears on title.
|5.2||In the case of a corporation, enter its British Columbia incorporation number or registration number, if any.|
|5.3||For members of the Authorized Subscriber Register, the electronic filing system will verify that the name on the form is the same as it appears in the Authorized Subscriber Register.|
|5.4||In the case of a corporation that is neither incorporated or registered in British Columbia, the name of its governing jurisdiction may be entered.|
Complete the Capacity field if applicable.
If a capacity is selected and text is entered in the field, the menu selection will automatically change to Other. The Capacity field will retain the text already entered and additional text can be added if needed.
|5.7||In the case of a priority agreement, enter the full name of the charge holder granting the priority.|
|5.8||In the case of a modification agreement, enter the full name of the registered owner of the estate, charge or interest that is encumbered by the charge being modified.|
Complete the full name, address, occupation and incorporation number (applicable to corporation) of the Transferee.
|6.2||For members of the Authorized Subscriber Register, the electronic filing system will verify that the name on the form is the same as it appears in the Authorized Subscriber Register.|
|6.3||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.|
|6.4||If the corporation is neither incorporated or registered in British Columbia nor incorporated federally, enter the corporation’s name and attach proof of its incorporation to an electronic Form Declaration, e.g., certificate of status. A certificate of status is acceptable for six months from its date of issue. For more detail, see Land Title Practice Manual para. 65.27|
If the transferee is to hold the interest in a representative capacity, the capacity must be entered in the Capacity field.
If a capacity is selected and text entered in the field, the menu selection will automatically change to Other. The Capacity field will retain the text already entered and additional text can be added if needed.
Additional information such as references to branch offices or other descriptive information must not be included in the name field. This information may be included in the street address if space accommodates.
|6.8||No proof of incorporation is required for corporations incorporated in British Columbia or federally. For all corporations incorporated in other jurisdictions, proof of incorporation must be attached to an electronic declaration and submitted with the application.|
When transferees are taking ownership as unequal fractional interests, you must set out the transferees respective interest. The interest must total 1.
When transferees are taking ownership as joint tenants, you must select Yes to establish joint tenancy.
In cases where a transferee has only one name,
The electronic filing system will reject the application if the Given Name or Last Name field is empty.