December - CHOA

Electronic Filing Of Strata Property Act PlansAnd Documents Required On May 7, 2012How Will The Changes at the LandTitle Office Affect Strata CorporationFilings?The Director of Land Titles (the “Director”)of the Land Title and Survey Authority(the “LTSA”) has announced therequirement for certain land documentsand plans to be submitted electronicallyto the land title office in phases. EffectiveMay 7, 2012, if your strata corporationhas more than 7 strata lots, you will nolonger be able to manually file documentsin the land title office but will have tosubmit your documents electronicallywith limited exceptions.Legislative Framework For The EFSPart 10.1 of the Land Title Act, R.S.B.C.1996, c. 250 (the “Act”) sets out thelegislative framework for the electronicfiling of land titles documents using the“Electronic Filing System” (the “EFS”),including the following requirements:designate the electronic forms to beused and to direct that one or moreclasses of instruments be submittedelectronically to the land title office;be electronically signed by a“subscriber” who is authorized bycertificate to sign the instrumentbefore it can be submitted forregistration in the land title officeusing the EFS; andsubmitted electronically to the landtitle office using the technologyestablished by the Director; andelectronic instrument, the registrar ofthe land title office has the authorityto require that the originally signeddocument be produced for inspectionor that evidence be provided to verifythat the document was executed bythe required parties and a subscriberin the manner required under the Act.The Director has designated theform templates that must be used togenerate electronic instruments andthe requirements for completion of theelectronic forms (See DR 01-11 ”Director’sRequirements for Electronic Filing” andDR 03-11 “Director’s Requirements forElectronic Land Title Forms”), directedthat certain instruments must be submittedelectronically using the EFS in phases (SeeDR 06-11 “Director’s Requirements to FileLand Forms Electronically”), and indicatedthe minimum system requirements foranyone preparing electronic forms, signingas subscriber, and submitting electronicforms using the EFS . These requirementsare amended from time to time and it isthe user’s responsibility to ensure that theyare using the current and valid version ofthe required form.Which Electronic Forms AreRequired To Be Filed Using The EFS?Effective January 16, 2012, all Form AFreehold Transfers of Fee Simple, FormB Mortgages, Form C Charges (withouta plan) and Form C Releases (without aplan) must be filed electronically usingthe EFS, with limited exceptions. EffectiveMay 7, 2012, strata plans (not requiringlocal government or provincial approvingofficer’s approval), and forms andapplications under the Strata Property Act(the “SPA”) must be filed electronically,with limited exceptions. What are theexceptions? If a strata corporation has 7or fewer strata lots, you will still be ableto manually file paper documents on andafter May 7, 2012. Also, if paper documentshave been signed and dated on May 6, 2012or earlier, they can still be filed in paperform on and after May 7, 2012.What do you have to do to fileelectronically? The current SPA forms willstill be used and must be signed in paperform. The originally signed form, and anysupporting documents, must be scannedand saved electronically, an electronicfiling form must be attached (such asan electronic Form 17 or an electronic“Strata Property Act Filing” form) andelectronically signed by a “subscriber”,and then the document can be filedelectronically using the EFS.Who Is A Subscriber?A “subscriber” is an individual whois authorized by a certificate to signelectronic applications and instruments,electronic plan applications and plans,and/or electronic returns under theProperty Transfer Tax Act (BritishColumbia). At the present time, theDirector has approved three certificationauthorities for the plans, forms andapplications under the SPA – The LawSociety of British Columbia, the Societyof Notaries Public of British Columbia,and the Association of British ColumbiaLand Surveyors. Lawyers, notaries andland surveyors in good standing with theirrespective governing bodies may makean application for a digital signature toJuricert (a service of The Law Society ofBritish Columbia) and, when approved,the subscriber can then apply the signatureelectronically to certain electronicdocuments. A lawyer or notary is anapproved subscriber for most electronicforms and applications. A land surveyorContinued on page 21.CHOA Journal | December 2011 19