Dear Valued Client:
Please be advised the LTSA has released two new land title forms that will be effective March 18, 2013 to accommodate the new Family Law Act:
A new Form 41 Notice of Property Agreement. Form 41 will be a supporting document to be attached to a Form 17 Charge, Notation or Filing form using the nature of interest Notice of Property Agreement. Two new Form 33 Certificates of Pending Litigation (also supporting the Family Law Act’s transitional provisions with respect to the Family Relations Act). See DR-04-11 Directors Requirements and Approvals for Hardcopy Forms and Plans. Either hardcopy Form 33 may be imaged and attached to a Form 17 Charge, Notation or Filing applying for the nature of interest Certificate of Pending Litigation.
In addition, the LTSA has released new versions of electronic forms. Click here to access the updated versions and new forms, and please see below for a summary of the changes. Clients using existing templates may continue to use them for an interim period but are encouraged to switch to the latest forms for faster processing by May 10, 2013.
FORM 17 – FEE SIMPLE (version 9) Removed the required field format from item 2(b) and updated the hover instructions to “Market Value if required”. Added Natures of Interest: Application to Amend Title Owner S.180(9), Application to Amend Trust S.180(10) LTA, Application to Change Trustee, Transfer of Asset by Order in Council (Municipal). FORM 17 – CHARGE, NOTATION OR FILING (version 9) Added Natures of Interest: Application to Amend Charge Owner S.180(10) LTA (NO PTT) Application to Amend Charge Owner S.180(9) LTA (PTT) Application to Amend Charge Owner S.180(9) LTA (No PTT) Application to Amend Trust S.180(10) LTA (PTT) Application to Change Trustee (NO PTT) Application to Change Trustee (PTT) National Energy Board Act S.43 Navigable Waters Protection Act Notice of Property Agreement (Family Law Act) Postponement of Notice of Property Agreement (Court Order) Reservation S.367(2)(E) LTA Transfer of Asset by Order in Council (Municipal) FORM 17 – CANCELLATION OF CHARGE, NOTATION OR FILING (version 10) Selecting REVOCATION OF POWER OF ATTORNEY/REPRESENTATION AGREEMENT will no longer auto populate NOT APPLICABLE in item 4. Changed functionality for LEASE (BREACH OF TERMS) to permit only one nature of interest to be selected for this type. Added Nature of Interest: Notice of Property Agreement (Court Order). FORM A – FREEHOLD TRANSFER (version 20) FORM B – MORTGAGE (version 20) Form B Section 8 limits the Other Field to 75 characters. FORM C – GENERAL INSTRUMENT – CHARGE (version 19) The new form will not permit the addition of text in the second Nature of Interest additional information field used in error to further describe the first nature of interest preventing the form from EFS rejections. The Transferor Field has been enlarged slighted to permit two lines of text. The flyover in item F Transferor Field has been updated to be “Transferor(s)” to “Transferor(s) name(s) and incorporation Number(s), if applicable”. FORM C – GENERAL INSTRUMENT – RELEASE (version 19) Item 4 Terms – removed the (c) check box and the word Release. Moved the Nature of Interest Claim of Builders Lien to the top of the selection list in the drop-down for ease of use. Removed the Nature of Interest Undersurface Rights from the drop-down list. Added Nature of Interest: Notice of Property Agreement (Family Law Act) and Land Tax Deferment Act Agreement. CLAIM OF BUILDERS LIEN (version 19) DECLARATION (version 18) Text correction to add the missing “of” between “on behalf of the Strata Corporation”. LTO APPLICATION TO DEPOSIT PLAN (version 9) Approval Schedules: Updated text in Approval Schedules to accommodate Survey Rule changes for Covenants. Added signature block for Surveyor General Section 59 LTA Public Official Plan. Added Approval for “Section 25.1 of Schedule 1 Land Title Act. Added Certificate Pursuant to Section 25 (4) of Schedule 1 of the Land Title Act. Added Certificate Pursuant to Section 26 (1) (a) of Schedule 1 of the Land Title Act. STRATA PROPERTY ACT FILING (version 6) Grouped the Natures of Interest in the drop-down menu similar Types. Added Nature of Interest: Court Order Appointing Administrator. Corrected Nature of Interest: Designated Limited Common Property to Designate Limited Common Property LTO SURVEY PLAN CERTIFICATION (version 8) Added the text [For Surveyor General Use Only] next to the Surveyor General Certification checkbox. When selecting item 4 alteration, added the words See Schedule. Form 9A on the Corrected the spacing in the certification to add a space between “certify” and “that” i.e. “I am a British Columbia Land Surveyor and certify that….” LOCAL GOVERNMENT FILING FORM introduced to support the introduction of the Authorized Subscriber Register
An additional information text box permits shrinking text to allow for additional instructions with a warning to keep text legible for the new versions of FORM A, FORM B, FORM C- RELEASE, FORM C- CHARGE, CLAIM OF BUILDERS LIEN, LTO APPLICATION TO DEPOSIT PLAN, STRATA PROPERTY ACT FILING and all FORMS 17. All new versions of forms with PID fields will allow copy and paste into all PID fields. Added functionality to FORM 17 – CHARGE, NOTATION OR FILING and FORM 17 – CANCELLATION OF CHARGE, NOTATION OR FILING where the client has selected NO PID and related the form to a pending plan submitted in the same package and there is at least one prior charge document in the same package, the charge number field may remain blank for successful submission.
Dye & Durham Corporation