BILL 68 – 2004
LAND TITLE AND SURVEY AUTHORITY ACT
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 -- Definitions
Definitions
1 In this Act:
"affiliate" has the same meaning as in the Business Corporations Act;
"Authority" means the Land Title and Survey Authority of British Columbia established under section 2;
"bylaws" means the bylaws of the Authority made under this Act;
"chief executive officer" means the chief executive officer appointed under section 33 or 44;
"director", except in reference to a director of a stakeholder entity in section 9 (2) (f) [persons qualified to be directors] and in the second reference to a director in section 27 (1) (c) (ii) [disclosable interests], means an individual who is a member of the board of directors of the Authority;
"First Nations Summit" means the Summit as defined in the Treaty Commission Act;
"operating agreement" means an agreement between the government and the Authority respecting the land title and survey systems of British Columbia, as amended from time to time;
"senior officer" has the same meaning as in the Business Corporations Act and, except in the second reference to a senior officer in section 27 (1) (c) (ii) [disclosable interests], includes
(a) the Director of Land Titles appointed under the Land Title Act,
(b) the registrar, as defined in the Land Title Act, and
(c) the Surveyor General and deputy Surveyor General appointed under section 34;
"stakeholder entity" means any of the following:
(a) the government;
(b) the Law Society of British Columbia;
(c) the Corporation of Land Surveyors of the Province of British Columbia;
(d) the British Columbia Real Estate Association;
(e) the British Columbia Association of Professional Registry Agents;
(f) the First Nations Summit;
(g) the Society of Notaries Public of British Columbia;
(h) the Union of British Columbia Municipalities.
Part 2 -- Authority Established
Land Title and Survey Authority of British Columbia established
2 (1) The Land Title and Survey Authority of British Columbia is established as a corporation without share capital and consists of a board of directors appointed under this Act.
(2) The Authority has the power and capacity of an individual of full capacity.
(3) The Authority is not organized, and must not be operated, for profit.
(4) The Authority must have a corporate seal, which may be engraved, lithographed, printed or otherwise reproduced.
(5) The Authority is not an agent of the government except when executing a Crown grant under the Land Act or in accordance with the express terms of a written agreement with the government.
(6) The Authority may carry on any necessary or advisable activities both inside and outside of British Columbia.
Status of assets if Authority is dissolved
3 If the Authority is dissolved, after payment of all debts and liabilities, its remaining property must be distributed to a not for profit successor corporation with similar purposes.
Purposes of Authority
4 (1) The purposes of the Authority are
(a) to manage, operate and maintain the land title and survey systems of British Columbia,
(b) to facilitate the execution of Crown grants, and
(c) to carry on other necessary or advisable activities related to land title or survey systems.
(2) All money earned by the Authority must be used for the purposes of the Authority.
Property of Authority
5 (1) In this section, "property" means all property of the Authority except
(a) accounts, chattel paper, documents of title, instruments, money and security, as those terms are defined in the Personal Property Security Act,
(b) records, as defined in the Land Title Act, and
(c) the assurance fund established under section 294.11 of the Land Title Act.
(2) The Authority may not dispose of its property except
(a) in accordance with section 3,
(b) in accordance with Part 19.1 of the Land Title Act, or
(c) in the ordinary course of business of carrying out the purposes of the Authority, other than granting security for the payment of any money or the performance of any obligation.
(3) The property is not subject to
(a) any process of attachment, execution or seizure, or
(b) a trust in favour of a person who claims to have sustained a loss.
(4) Despite any Act, agreement or court order, a receiver must not exercise custody or control over the property.
(5) If a provision of an agreement to which the Authority is a party limits, in a manner that is inconsistent with this Act, access to or the use of property, the provision is not enforceable against the Authority.
(6) The chief executive officer may certify that a disposal of the Authority's property is in the ordinary course of business of carrying out the purposes of the Authority.
(7) A certification of the chief executive officer under subsection (6) is conclusive evidence that the disposal of the Authority's property is in the ordinary course of business of carrying out the purposes of the Authority.
Part 3 -- Governance of Authority
Division 1 -- Board of Directors
Board of directors
6 (1) The board of directors of the Authority is to consist of 11 individuals of whom
(a) 6 are to be appointed from the nominees provided under section 7 (1) by stakeholder entities, with 2 directors being appointed out of the nominees provided by each of the 3 stakeholder entities, and
(b) 5 are to be appointed from nominees provided under section 7 (2) by stakeholder entities, with one director being appointed out of the nominees provided by each of the 5 stakeholder entities.
(2) The term of office of a director of the Authority is 3 years.
(3) A director may be appointed for not more than 3 consecutive terms.
(4) A person who has served the maximum number of consecutive terms under this section is not eligible to be reappointed as a director until after a break in service of at least 3 years.
Nomination and appointment process
7 (1) Each of the government, the Law Society of British Columbia and the Corporation of Land Surveyors of the Province of British Columbia must provide, at least 3 months before the expiry of the term of each director appointed from its nominees, to the directors of the Authority a list of at least 3 and not more than 5 qualified nominees for appointment as director.
(2) Each stakeholder entity not referred to in subsection (1) must provide, at least 3 months before the expiry of the term of a director appointed from its nominees, to the directors of the Authority a list of at least 3 and not more than 5 qualified nominees for appointment as director.
(3) After receiving a list of nominees provided under subsection (1) or (2), the directors of the Authority whose terms of office do not expire at the end of the fiscal year in which the list was received must, subject to section 13 [factors to be considered in appointments], appoint as director one of the nominees from the submitted list.
(4) If a stakeholder entity does not comply with subsection (1) or (2), the directors of the Authority must, subject to section 13, on or before the expiry of the term of the director for whose replacement the list was required under subsection (1) or (2), appoint an individual as director, and that director is deemed to be appointed from the nominees of that stakeholder entity.
Directors appointed by panel
8 (1) The Lieutenant Governor in Council may appoint a panel of 3 individuals for the purpose of
(a) appointing individuals as directors of the Authority to replace an administrator appointed under section 41, or
(b) appointing individuals as directors of the Authority if there are no directors qualified under section 7 (3) to appoint other directors.
(2) If a director is to be appointed under this section from the nominees of a stakeholder entity, the stakeholder entity must promptly provide to the panel a list of qualified nominees in compliance with section 7.
(3) After receiving a list of nominees provided under subsection (2), the panel must appoint as director one of the nominees from the submitted list.
(4) If a stakeholder entity does not comply with subsection (2), the panel must appoint an individual as director, and that director is deemed to be appointed from the nominees of that stakeholder entity.
(5) Despite section 6 (2) [term of office of director], if the panel makes appointments referred to in subsection (1) (a), the panel must establish a term of office for each director that is a period of not more than 3 years.
Persons qualified to be directors
9 (1) A person must not become or act as a director unless that person is an individual who is qualified to do so.
(2) An individual is not qualified to become or to act as a director if that individual is
(a) under the age of 18 years,
(b) not a Canadian citizen,
(c) not a resident of British Columbia,
(d) an officer of the Authority,
(e) an elected official or employee of the government of British Columbia, the government of Canada, a local government, a regional district or an aboriginal organization exercising governmental functions,
(f) an officer, director or employee of a stakeholder entity,
(g) found by a court, in Canada or elsewhere, to be incapable of managing the individual's own affairs,
(h) an undischarged bankrupt, or
(i) convicted inside or outside of British Columbia of an offence in connection with the promotion, formation or management of a corporation or an unincorporated business, or of an offence involving fraud, unless
(i) the court orders otherwise,
(ii) 5 years have elapsed since the last to occur of
(A) the expiration of the period set for suspension of the passing of sentence without a sentence having been passed,
(B) the imposition of a fine,
(C) the conclusion of the term of any imprisonment, and
(D) the conclusion of the term of any probation imposed, or
(iii) a pardon was granted or issued under the Criminal Records Act (Canada).
(3) A director who ceases to be qualified to act as a director must promptly resign.
Register of directors
10 The Authority must keep a register of its directors and enter in that register
(a) the full name and delivery address for each of the directors,
(b) the date on which each current director became a director, and
(c) the date on which each former director became a director and the date on which he or she ceased to be a director.
When director ceases to hold office
11 (1) A director ceases to hold office when
(a) the director's term of office expires,
(b) the director dies or resigns, or
(c) the director is removed in accordance with subsection (3).
(2) A director's resignation takes effect on the later of
(a) the time that the director's written resignation is delivered to the Authority, and
(b) the time specified in the director's written resignation.
(3) A director is removed as, and ceases to be, a director on the passing of a resolution to that effect by at least 2/3 of all the directors.
Appointment of replacement directors
12 (1) Subject to section 8 [directors appointed by panel], if one of the directors dies, resigns or is removed under section 11 (3), a replacement for that director must be appointed in accordance with this section.
(2) If a departing director was appointed from the nominees of a stakeholder entity, the stakeholder entity must promptly provide a list of nominees in compliance with section 7 [nomination and appointment process].
(3) After receiving a list of nominees provided under subsection (2), the directors must, subject to section 13, promptly appoint as the replacement director one of the nominees from the list.
(4) If a stakeholder entity does not comply with subsection (2), the directors must, subject to section 13, appoint an individual as the replacement director, and that director is deemed to be appointed from the nominees of that stakeholder entity.
(5) A replacement director appointed under this section holds office until the end of the term of the departing director.
Factors to be considered in appointments
13 When appointing directors under this Division, the appointing directors or panel must select appointees in such a way as to ensure that, as a group, the directors hold all of the skills, and all of the experience, identified in the skills and experience profile set out in the bylaws.
Division 2 -- Powers and Duties of Directors and Officers
Powers and functions of directors
14 (1) The directors must, subject to this Act, the regulations and the bylaws, manage or supervise the management of the business and affairs of the Authority.
(2) The directors may do one or both of the following:
(a) exercise the powers of the Authority on behalf of the Authority;
(b) delegate the exercise or performance of any power or duty conferred or imposed on them to a committee of directors appointed by the directors.
(3) A limitation or restriction on the powers or functions of the directors is not effective against a person who does not have knowledge of the limitation or restriction.
Role of directors
15 (1) The directors may appoint one of their number as chair.
(2) Subject to this Division, the directors may establish their own procedures.
(3) The directors may pass the resolutions they consider necessary or advisable for the exercise of their powers or performance of their duties including, without limitation, resolutions respecting the calling and holding of meetings of the directors and the procedure to be followed at the meetings.
Duties of directors and senior officers
16 (1) A director or senior officer of the Authority, when exercising the powers and performing the duties and functions of a director or senior officer of the Authority, must do all of the following:
(a) act honestly and in good faith with a view to the best interests of the Authority;
(b) exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances;
(c) act in accordance with this Act, the regulations and the bylaws.
(2) This section is in addition to, and not in derogation of, any enactment or rule of law or equity relating to the duties or liabilities of directors and officers of a corporation.
Validity of acts of directors and senior officers
17 An appointment or act of a director or senior officer of the Authority is not invalid merely because of an irregularity in the election or appointment, or a defect in the qualification, of that director or senior officer.
Proceedings of directors
18 (1) A resolution of the directors or of any committee of them may not be passed without a meeting, except as permitted by subsection (3).
(2) A meeting of directors or of a committee of directors may be held by
(a) telephone, or
(b) other communications facilities
as long as all participants in the meeting are able to communicate with each other, and a director who participates in the meeting by that means must be counted as present at the meeting.
(3) A resolution of the directors, if approved by the required number of directors by facsimile, electronic mail or other electronic transmission, telephone or any other similar means of communication and confirmed in writing or other graphic communication, is as valid and effectual as if it had been passed at a meeting of the directors properly called and constituted.
(4) The Authority must keep minutes of all proceedings at meetings of the board and its committees.
Bylaws
19 (1) The directors must prepare bylaws of the Authority that do all of the following:
(a) set rules for its conduct, including rules respecting what constitutes a quorum for a meeting of the directors or any committee of directors;
(b) set a process for reviewing nominations received under section 7 [nomination and appointment process] and selecting appointees in accordance with section 13 [factors to be considered in appointments];
(c) set rules respecting the remuneration and reimbursement of the directors;
(d) authorize the destruction of instruments and other documents under the Land Title Act;
(e) set fees payable under the Land Act, the Land Title Act, the Mineral Tenure Act or any other enactment for services provided by the registrar appointed under the Land Title Act, the Surveyor General or a person under the direction of the registrar or Surveyor General;
(f) set procedures governing the handling and disposition of written complaints made by a person in respect of the Authority.
(2) The directors must
(a) prepare a skills and experience profile to set out the skills and experience that must be represented on the board of directors, and
(b) include that skills and experience profile in the bylaws.
New or increased fees
20 (1) In this section, "fee", except in subsection (7), means a fee referred to in section 19 (1) (e).
(2) Except in accordance with this section, the directors may not
(a) increase a fee in a year by an amount that is more than is authorized in the operating agreement, or
(b) set a fee in respect of a service or other matter for which there was previously no fee.
(3) If the directors propose to increase a fee or set a new fee as described in subsection (2), the directors must submit the proposal in writing to the commissioner.
(4) The commissioner must
(a) accept the proposal,
(b) reject the proposal, or
(c) vary the proposal so that the proposal is satisfactory to the commissioner and provide the varied proposal to the directors.
(5) The commissioner must make the decision under subsection (4) in accordance with any criteria set out in the operating agreement.
(6) The directors may increase the fee or set the new fee in accordance with a proposal accepted under subsection (4) (a) or varied under subsection (4) (c).
(7) The decision of the commissioner made under subsection (4) is final and conclusive and is not open to question or review in a court except on a question of law or excess of jurisdiction.
(8) The Authority must
(a) pay the commissioner a reasonable fee for carrying out the commissioner's duties under this section, and
(b) reimburse the commissioner for actual reasonable expenses necessarily incurred in carrying out the commissioner's duties under this section.
(9) For the purposes of this section and section 21, the minister and the directors must jointly appoint a mutually acceptable individual as commissioner for a term agreed to by the minister and the directors.
(10) If the minister and the directors cannot jointly appoint a commissioner under subsection (9), the directors may request the Lieutenant Governor in Council appoint an individual as commissioner.
(11) Within 60 days after receiving the request, the Lieutenant Governor in Council must appoint an individual as commissioner for a term of 6 months.
(12) An individual appointed as commissioner must meet the criteria set out in the operating agreement and may not be an employee of the government or the Authority.
(13) The directors must give notice to the minister if the directors intend to submit a proposal under subsection (3) and there is no commissioner.
Charges payable by government or government body
21 (1) In this section:
"government body" has the same meaning as in the Financial Administration Act;
"service" does not include a service for which a fee may be set under section 19 (1) (e).
(2) If the directors and the government or a government body cannot agree on a charge payable for any service the Authority may provide to the government or government body, the directors and the government or government body may submit the matter to the commissioner.
(3) If the matter is submitted to the commissioner, the commissioner must set the charge payable for the service the Authority may provide to the government or government body.
(4) The commissioner must make a decision under subsection (3) in accordance with any criteria set out in the operating agreement.
(5) The decision of the commissioner made under subsection (3) is final and conclusive and is not open to question or review in a court except on a question of law or excess of jurisdiction.
(6) The Authority and the government or government body must, in equal portions,
(a) pay the commissioner a reasonable fee for carrying out the commissioner's duties under this section, and
(b) reimburse the commissioner for actual reasonable expenses necessarily incurred in carrying out the commissioner's duties under this section.
Division 3 -- General
Remuneration and reimbursement of directors
22 The Authority must remunerate and reimburse each director in the amount and on the terms established in the bylaws.
Indemnification
23 (1) In this section, "costs, charges and expenses" includes an amount actually and reasonably incurred by a person and paid to settle an action or satisfy a judgment, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a director or officer, including an action brought by the Authority.
(2) The Authority may indemnify a person who is a director, officer, former director or former officer of the Authority, and the person's heirs and personal representatives, against all costs, charges and expenses if
(a) the person acted honestly and in good faith with a view to the best interests of the Authority in respect of the conduct at issue in the action or proceeding, and
(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.
(3) The Authority may purchase and maintain insurance for the benefit of a person referred to in this section against any liability incurred by the person as a director or officer.
Head office
24 (1) The Authority must maintain a head office in British Columbia.
(2) The directors must make public the location of the Authority's head office.
Records
25 (1) The Authority must keep at its head office adequate accounting records for each of its fiscal years.
(2) The Authority must keep the following records at its head office:
(a) the bylaws and every amendment to the bylaws;
(b) the operating agreement and every amendment to the agreement;
(c) the register of directors kept under section 10;
(d) the minutes of every meeting of directors and of every meeting of every committee of directors;
(e) copies of any notices published in a newspaper by or on behalf of the Authority;
(f) copies of every annual report and business plan made public by or on behalf of the Authority.
(3) Any person may, without charge, inspect during normal business hours any of the records that the Authority is required to keep under subsection (2).
(4) Subject to subsection (6), if a person requests a copy of a record that the Authority is required to keep under subsection (2) (c) to (f) and pays the fee set in the bylaws in relation to that copy, the Authority must provide a copy of that record to that person promptly after receipt of the request and payment.
(5) The Authority may, in the bylaws, set a reasonable fee for providing a copy of any of its records under subsection (4).
(6) The Authority must make the following records publicly available without charge:
(a) the bylaws and every amendment to the bylaws;
(b) the operating agreement and every amendment to the agreement;
(c) the most recent annual report;
(d) the most recent business plan.
Annual general meeting
26 (1) The Authority must hold an annual general meeting within 6 months after the end of each of its fiscal years.
(2) The directors must make public the date and location of the annual general meeting not more than 2 months, and not less than 3 weeks, before the date of the meeting.
(3) At least 10 days before the date of an annual general meeting, the directors must make public an annual report that complies with subsection (4).
(4) An annual report referred to in subsection (3) must include, in relation to the most recently completed fiscal year of the Authority,
(a) the audited financial statements of the Authority for that fiscal year,
(b) a report on any changes in that fiscal year to the fees established by the Authority under the Land Act, the Land Title Act, the Mineral Tenure Act or any other enactment,
(c) a list of the directors as of the end of that fiscal year,
(d) a list of the performance objectives set for the Authority for that fiscal year, in accordance with the operating agreement, and a report respecting the achievement in relation to those performance objectives,
(e) any amendments made to the bylaws of the Authority or to the operating agreement in that fiscal year, and
(f) the date, type and outcome of any meetings held by the directors and by committees of the directors in that fiscal year.
(5) An annual general meeting of the Authority is open to any person, and any person attending the meeting may, subject to any reasonable restrictions imposed by the directors, address the meeting.
(6) The directors must place the annual report before the annual general meeting and must make a copy of that report available, without charge, to any person requesting a copy.
Part 4 -- Conflicts of Interest
Disclosable interests
27 (1) For the purposes of this Part, a director or senior officer of the Authority holds a disclosable interest in a contract or transaction if
(a) the contract or transaction is material to the Authority,
(b) the Authority has entered, or proposes to enter, into the contract or transaction, and
(c) either of the following applies to the director or senior officer:
(i) the director or senior officer has a material interest in the contract or transaction;
(ii) the director or senior officer is a director or senior officer of, or has a material interest in, a person who has a material interest in the contract or transaction.
(2) For the purposes of subsection (1) and this Part, a director or senior officer of the Authority does not hold a disclosable interest in a contract or transaction merely because
(a) the contract or transaction is an arrangement by way of security granted by the Authority for money loaned to, or obligations undertaken by, the director or senior officer, or a person in whom the director or senior officer has a material interest, for the benefit of the Authority or an affiliate of the Authority,
(b) the contract or transaction relates to an indemnity or insurance under section 23 [indemnification],
(c) the contract or transaction relates to the remuneration of the director or senior officer in that person's capacity as director, officer, employee or agent of the Authority or of an affiliate of the Authority,
(d) the contract or transaction relates to a loan to the Authority, and the director or senior officer, or a person in whom the director or senior officer has a material interest, is or is to be a guarantor of some or all of the loan, or
(e) the contract or transaction has been or will be made with or for the benefit of a corporation that is affiliated with the Authority, and the director or senior officer is also a director or senior officer of that corporation or an affiliate of that corporation.
(3) A director who has a disclosable interest in a contract or transaction is not entitled to participate in that part of a meeting of the directors during which the contract or transaction will be discussed, including any vote on any directors' resolution to approve that contract or transaction.
Obligation to account for profits
28 (1) Subject to subsection (2) and unless the court orders otherwise under section 29 (2) (a), a director or senior officer of the Authority is liable to account to the Authority for any profit that accrues to the director or senior officer under or as a result of a contract or transaction in which the director or senior officer holds a disclosable interest.
(2) A director or senior officer of the Authority is not liable to account for and may retain the profit referred to in subsection (1) in any of the following circumstances:
(a) before the contract or transaction is entered into and after the nature and extent of the conflict of interest are disclosed to the board of directors, the contract or transaction is approved by the board of directors;
(b) the contract or transaction was reasonable and fair to the Authority at the time it was entered into and, after full disclosure of the nature and extent of the conflict of interest, the contract or transaction is approved by the board of directors.
Powers of court
29 (1) In this section, "court" means the Supreme Court.
(2) On an application by the Authority or by a director or senior officer, the court may, if it determines that a contract or transaction in which a director or senior officer has a disclosable interest was fair and reasonable to the Authority,
(a) order that the director or senior officer is not liable to account for any profit that accrues to the director or senior officer under or as a result of the contract or transaction, and
(b) make any other order that the court considers appropriate.
(3) Unless a contract or transaction in which a director or senior officer has a disclosable interest has been approved in accordance with section 28 (2), the court may, on an application by the Authority or by a director or senior officer, make one or more of the following orders if the court determines that the contract or transaction was not fair and reasonable to the Authority:
(a) enjoin the Authority from entering into the proposed contract or transaction;
(b) order that the director or senior officer is liable to account for any profit that accrues to the director or senior officer under or as a result of the contract or transaction;
(c) make any other order that the court considers appropriate.
Validity of contracts and transactions
30 A contract or transaction with the Authority is not invalid merely because
(a) a director or senior officer of the Authority has an interest, direct or indirect, in the contract or transaction,
(b) a director or senior officer of the Authority has not disclosed an interest he or she has in the contract or transaction, or
(c) the directors have not approved the contract or transaction in which a director or senior officer of the Authority has an interest.
Limitation of obligations of directors and senior officers
31 Except as is provided in this Part, a director or senior officer of the Authority has no obligation to
(a) disclose any direct or indirect interest that the director or senior officer has in a contract or transaction, or
(b) account for any profit that accrues to the director or senior officer under or as a result of a contract or transaction in which the director or senior officer has a disclosable interest.
Disclosure of conflict of office or property
32 (1) If a director or senior officer of the Authority holds any office or possesses any property, right or interest that could result, directly or indirectly, in the creation of a duty or interest that materially conflicts with that individual's duty or interest as a director or senior officer of the Authority, the director or senior officer must disclose, in accordance with this section, the nature and extent of the conflict.
(2) The disclosure required from a director or senior officer under subsection (1)
(a) must be made to the directors promptly
(i) after that individual becomes a director or senior officer, or
(ii) if that individual is already a director or senior officer, after that individual begins to hold the office or possess the property, right or interest for which disclosure is required, and
(b) must be evidenced in a consent resolution, the minutes of a meeting or any other record deposited in the Authority's records.
Part 5 -- Officers and Employees
Appointment of chief executive officer
33 (1) The directors must appoint an individual as the chief executive officer of the Authority to carry out
(a) the functions and duties of the chief executive officer under this Act and any other enactment, and
(b) the functions and duties that the directors specify.
(2) The directors may set the remuneration of the chief executive officer.
Appointment of Surveyor General and other employees
34 (1) The chief executive officer must appoint an employee of the Authority as the Surveyor General to carry out the functions and duties of the Surveyor General.
(2) The chief executive officer may appoint an employee of the Authority as the deputy Surveyor General to assist and carry out the directions of the Surveyor General.
(3) The deputy Surveyor General may, in the event of the illness or absence or at the request of the Surveyor General, perform any duty required by this Act or any other enactment to be done by the Surveyor General.
(4) The chief executive officer, to the extent authorized by the directors, may appoint officers and employees of the Authority and may define their duties.
(5) The Public Service Act and the Public Service Labour Relations Act do not apply to the Authority or to its employees.
Part 6 -- Financial Administration
Fiscal year of Authority
35 The fiscal year of the Authority is the period beginning on April 1 in one year and ending on March 31 in the next year.
Appointment of auditor
36 (1) The Authority must appoint an auditor authorized under section 205 (a) or (b) [persons authorized to act as auditors] of the Business Corporations Act.
(2) Section 206 [independence of auditors] of the Business Corporations Act applies to the appointment of an auditor under subsection (1).
Financial statements
37 The Authority must prepare and make public
(a) annual financial statements, prepared in accordance with generally accepted accounting principles, within 5 months after the end of its fiscal year, and
(b) a report of the auditor who was engaged to express an opinion on the Authority's financial statements for the preceding fiscal year, after an audit conducted in accordance with generally accepted auditing standards.
Business plan
38 Before each fiscal year, the Authority must prepare and make publicly available a business plan for the next 3 fiscal years.
Part 7 -- General
Decisions of the First Nations Summit
39 (1) The nominees on a list provided under this Act by the First Nations Summit are to be nominated by resolution of the First Nations Summit.
(2) The directors of the Authority and a panel appointed under this Act are entitled to rely on resolutions of the First Nations Summit that are certified in the manner specified by the First Nations Summit as proof of the decisions of the First Nations Summit that are set out in the resolutions as certified.
Application of other Acts
40 (1) The following Acts do not apply to the Authority:
(a) Budget Transparency and Accountability Act;
(b) Business Corporations Act, except Part 10 of that Act or as provided by this Act;
(c) Financial Administration Act, except section 14.
(2) The Lieutenant Governor in Council, by regulation, may direct that some or all of the following provisions apply to the Authority:
(a) the provisions of the Business Corporations Act other than sections 10 to 41, 52 to 89, 107 to 126, 128, 130 to 133, 135, 136, 140, 142, 143, 147 to 153, 159 to 191, 196, 204 to 206, 228, 269 to 300 and 302 to 311 and Parts 11 and 14;
(b) the regulations made under the Business Corporations Act other than
(i) regulations made in respect of sections 10 to 41, 52 to 89, 107 to 126, 128, 130 to 133, 135, 136, 140, 142, 143, 147 to 153, 159 to 191, 196, 204 to 206, 228, 269 to 300 and 302 to 311 and Parts 11 and 14, and
(ii) regulations that expressly indicate that they do not apply to special Act corporations, as defined in the Business Corporations Act.
(3) If there is a conflict or inconsistency between a provision of this Act or the regulations made under this Act and a provision of the Business Corporations Act or its regulations made applicable under subsection (2), the provision of this Act or the regulations made under this Act prevails.
Appointment of administrator
41 (1) The minister, in accordance with the operating agreement, may appoint an administrator to discharge the powers, duties and functions of the board of directors.
(2) The minister may appoint an administrator to discharge the powers, duties and functions of the board of directors if there are no directors of the Authority.
(3) On the appointment of an administrator under subsection (1), the members of the board of directors of the Authority cease to hold office.
Offence Act
42 Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.
Power to make regulations
43 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations directing that provisions of the Business Corporations Act and its regulations apply to the Authority as provided for in section 40 [application of other Acts].
Part 8 -- Transitional Provisions and Consequential Amendments
Transitional Provisions
First chief executive officer and directors of Authority
44 (1) The Lieutenant Governor in Council may appoint a panel of 3 individuals for the purpose of appointing the first directors of the Authority.
(2) For the purpose of facilitating the appointment of the first directors,
(a) each of the government, the Law Society of British Columbia and the Corporation of Land Surveyors of the Province of British Columbia must provide to the panel a list of at least 3 and not more than 5 qualified nominees for each director to be appointed from their nominees, and
(b) each stakeholder entity not referred to in paragraph (a) must provide to the panel a list of at least 3 and not more than 5 qualified nominees.
(3) After receiving the lists of nominees provided under subsection (3), the panel must appoint as directors one of the nominees from each of the submitted lists.
(4) If a stakeholder entity does not comply with subsection (2), the panel must appoint an individual as director, and that director is deemed to be appointed from the nominees of that stakeholder entity.
(5) For the purpose of appointing the first directors of the Authority, the references in section 6 (1) to section 7 (1) and section 7 (2) must be read as references to section 44 (2) (a) and section 44 (2) (b), respectively.
(6) Despite section 6 (2) [term of office of director], the panel must establish a term of office for each director that is a period of not more than 3 years.
(7) Sections 7 [nomination and appointment process] and 13 [factors to be considered in appointments] do not apply to the appointment of the first directors of the Authority.
(8) Despite section 15 (1) [role of directors], the panel may appoint one of the directors as chair.
(9) Despite section 33 [appointment of chief executive officer], the Lieutenant Governor in Council may appoint an individual as the first chief executive officer of the Authority to carry out the functions and duties referred to in section 33 and may set the remuneration of the chief executive officer.
(10) In addition, the first chief executive officer may exercise all of the powers, functions and duties of the directors until the directors hold their first meeting.
(11) The directors must appoint a chief executive officer within 1 year of the first meeting of the directors.
Transitional -- financial administration
45 (1) Despite section 35 [fiscal year of Authority], the first fiscal year of the Authority is the period beginning on the date that section 2 (1) [Authority established] comes into force and ending on the following March 31.
(2) Section 38 [business plan] does not apply to the first fiscal year of the Authority.
Transitional -- appointments continued
46 The appointments of the following are continued:
(a) the Surveyor General;
(b) the Director of Land Titles appointed under the Land Title Act;
(c) the registrars and deputy registrars appointed under the Land Title Act.
Transitional -- transfer of property and records
47 (1) In this section, "records" does not include records as defined in the Land Title Act.
(2) Within 6 months after this section comes into force, the minister may transfer to the Authority records and other property of the government that are related to the purposes of the Authority.
Transitional -- approved forms under the Land Title Act
48 (1) Any forms prescribed under the Land Title Act immediately before this section comes into force are deemed to be forms approved by the Director of Land Titles.
(2) Any manner, prescribed under the Land Title Act immediately before this section comes into force, for the execution or completion of an instrument or in respect of an instrument containing or indicating any thing is deemed to be a manner approved by the Director of Land Titles.
(3) Any information prescribed under the Land Title Act immediately before this section comes into force is deemed to be information required by the director.
Consequential Amendments
Community Charter
49 Section 57 (7) of the Community Charter, S.B.C. 2003, c. 26, is amended
(a) in paragraph (a) by striking out "nor is the Provincial government liable vicariously, and" and substituting "and neither the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously," ,
(b) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(c) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
Document Disposal Act
50 Section 1 of the Document Disposal Act, R.S.B.C. 1996, c. 99, is amended in the definition of "record office" by striking out "any land title office and".
Drainage, Ditch and Dike Act
51 Section 145 (1) (b) of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is amended by striking out "the registrar or the Attorney General under the Land Title Act" and substituting "the Registrar of Titles, the Land Title and Survey Authority of British Columbia or the minister charged with the administration of the Land Title Act".
Family Relations Act
52 Section 63 (2) of the Family Relations Act, R.S.B.C. 1996, c. 128, is amended by striking out "prescribed fee," and substituting "prescribed fee and any fees payable under the Land Title Act,".
Heritage Conservation Act
53 Section 32 (8) of the Heritage Conservation Act, R.S.B.C. 1996, c. 187, is amended
(a) in paragraph (a) by striking out "nor is the government vicariously liable, and" and substituting "and neither the government nor the Land Title and Survey Authority of British Columbia is vicariously liable," ,
(b) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(c) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
Human Resource Facility Act
54 Section 2.1 (6) of the Human Resource Facility Act, R.S.B.C. 1996, c. 209, is amended
(a) by repealing paragraph (a) and substituting the following:
(a) neither the registrar, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and , and
(b) in paragraph (b) by striking out "Attorney General," and substituting "minister charged with the administration of the Land Title Act,".
Interpretation Act
55 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by adding the following definition:
"Surveyor General" or "Surveyor General of British Columbia" means the Surveyor General appointed under the Land Title and Survey Authority Act; .
Land Act
56 Section 54 (3) of the Land Act, R.S.B.C. 1996, c. 245, is repealed.
57 Sections 55 (1) (b), 78 (1) and 81 (1) and (2) are amended by striking out "minister" wherever it appears and substituting "Surveyor General".
58 Section 76 (2) is amended by striking out "or section 78 (2) applies".
59 Section 77 (1) is amended by striking out "must" and substituting "may".
60 Section 78 (2) is repealed.
61 Section 97 (1) is amended by striking out "or" at the end of paragraph (a), by adding "or" at the end of paragraph (b), and by adding the following paragraph:
(c) to the Surveyor General, power to act on the minister's behalf under sections 6 (1) and (2), 52, 53, 58 and 103.
62 Section 105 is amended by adding the following paragraphs:
(e) the Surveyor General;
(f) a person acting under the direction of the Surveyor General who has identification from the Land Title and Survey Authority of British Columbia for the purpose.
63 Section 109 (2) is repealed and the following substituted:
(2) A Crown grant must be executed under the corporate seal of the Land Title and Survey Authority of British Columbia by a person designated by resolution of the board of directors of the Authority.
64 The following section is added:
Fees for services provided by Surveyor General
109.1 There must be paid to the Land Title and Survey Authority of British Columbia, in respect of services provided under this Act by the Surveyor General or persons under the Surveyor General's direction, the respective fees the board of directors of the Land Title and Survey Authority of British Columbia may establish by bylaw.
Land (Spouse Protection) Act
65 Section 14 of the Land (Spouse Protection) Act, R.S.B.C. 1996, c. 246, is repealed.
Land Title Act
66 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended
(a) by adding the following definitions:
"Board of Directors" means the board of directors of the Land Title and Survey Authority;
"chief executive officer" means the chief executive officer of the Land Title and Survey Authority;
"Land Title and Survey Authority" means the Land Title and Survey Authority of British Columbia; , and
(b) in the definition of "records" by striking out "minister" and substituting "Board of Directors".
67 Section 4 is amended by striking out "the regulations." and substituting "a regulation of the Board of Directors."
68 Section 5 is amended by striking out "Lieutenant Governor in Council may, by order," and substituting "Board of Directors may, by regulation,".
69 Section 6 is amended
(a) in subsection (1) by striking out "Lieutenant Governor in Council," and substituting "Board of Directors,", and
(b) in subsection (2) by striking out "minister" and substituting "Board of Directors".
70 Section 7 is repealed and the following substituted:
Continuation of existing offices and records
7 The land title offices set out in Column 1 of the following table
(a) are continued with their respective records,
(b) are the offices of the land title district with the same name, and
(c) are located as set out opposite them in Column 2 of the table, unless otherwise designated by the Board of Directors under section 6:
Item
|
Column 1
Land Title Office |
Column 2
Location |
| 1 |
Kamloops |
Kamloops |
| 2 |
Nelson |
Kamloops |
| 3 |
New Westminster |
New Westminster |
| 4 |
Prince George |
New Westminster |
| 5 |
Prince Rupert |
New Westminster |
| 6 |
Vancouver |
New Westminster |
| 7 |
Victoria |
Victoria |
71 Section 9 is amended
(a) by renumbering the section as section 9 (1),
(b) in subsection (1) by striking out everything before paragraph (a) and substituting "The chief executive officer may appoint an employee of the Land Title and Survey Authority as the Director of Land Titles, whose powers and duties, under the direction of the chief executive officer, are",
(c) in subsection (1) (c) by striking out "minister." and substituting "chief executive officer.", and
(d) by adding the following subsection:
(2) The director may approve the form of an instrument, document or notice that is to be registered, deposited, filed or given under this Act.
72 Section 10 is amended
(a) by repealing subsection (1) and substituting the following:
(1) For each land title office, the chief executive officer may appoint an employee of the Land Title and Survey Authority as the registrar.
(1.1) An individual may be appointed as
(a) the director and a registrar,
(b) the registrar of more than one land title office, or
(c) the director and the registrar of more than one land title office.
(1.2) The business of each land title office is to be conducted by the registrar together with the employees of the Land Title and Survey Authority that are necessary. , and
(b) in subsection (2) by striking out "minister," and substituting "director,".
73 Section 11 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The chief executive officer may appoint employees of the Land Title and Survey Authority as deputy registrars and assistant deputy registrars to assist and carry out the directions of a registrar. , and
(b) in subsection (3) by striking out "minister" and substituting "director".
74 Section 14 is amended by striking out "registrar, officer" in both places and substituting "registrar".
75 Section 15 (1) is repealed and the following substituted:
(1) Each land title office must have an official seal bearing the impression of the corporate seal of the Land Title and Survey Authority and inscribed with the words "The Land Title Office" and with the name of the land title office.
76 Sections 16, 19 (1) (a) and (3), 53 (2), 71 (1), 115 (6), 169 (1) (a), 193 (4), 265, 266 (1), 269, 328 (2), 329 (4), 378 (1) (e), 380 (1) and 381 (2) are amended by striking out "registrar's office" and substituting "land title office".
77 Section 17 is repealed.
78 Sections 36 (1), 39, 57 (1), 67 (t), 92 (1) (a), 100 (4) (a), 115 (2) and (4), 137 (1) and 147 (3) (a) are amended by striking out "prescribed form" and substituting "form approved by the director".
79 Section 38 (3) is amended by striking out "minister." and substituting "Board of Directors."
80 Sections 69 (11), 70 (4), 94 (3) and 118 (7) are amended by striking out "prescribed fee" and substituting "fees payable under this Act".
81 Section 94 is amended
(a) in subsections (1) to (3) by striking out "minister" wherever it appears and substituting "Surveyor General", and
(b) in subsection (1) by striking out "minister's" and substituting "Surveyor General's".
82 Sections 95 (1), 96 (1) and 118 (1) and (7) are amended by striking out "minister" and substituting "Surveyor General".
83 Section 136 (1) is amended by striking out "Minister of Environment, Lands and Parks" and substituting "minister".
84 Section 136 is amended by adding the following subsection:
(4) The minister may delegate to the Surveyor General the minister's powers under subsections (1) and (3).
85 Section 144 (2) (a) is amended by striking out "prescribed statement," and substituting "statement approved by the director,".
86 Section 147 (2) (a) is amended by striking out "prescribed," and substituting "approved by the director,".
87 Section 148 (1) is amended
(a) by striking out "prescribed forms" and substituting "forms approved by the director", and
(b) by striking out "prescribed," and substituting "approved,".
88 Section 149 (2) is amended by striking out "prescribed form or" and substituting "form approved by the director or by".
89 Sections 154 and 155 (1) are amended by striking out "prescribed form" and substituting "form approved by the director".
90 Section 155 (2) and (3) is amended by striking out "prescribed form," and substituting "form approved by the director and".
91 Section 157 (1) and (2) is amended by striking out "prescribed form" and substituting "approved form".
92 Sections 158 (4) and 168.91 (1) and (2) are amended by striking out "Lieutenant Governor in Council" and substituting "Board of Directors".
93 Sections 160 and 163 (1) are amended by striking out "prescribed form" and substituting "form approved by the director".
94 Section 164 (1) is amended by striking out "prescribed form" and substituting "approved form".
95 Section 166 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (3), all instruments and other documents deposited with the registrar must remain on deposit in the land title office or in some other location approved by the Board of Directors. , and
(b) by adding the following subsection:
(3) An instrument or other document may be destroyed if
(a) there is a duplicate, as defined in section 38, of the instrument or other document,
(b) the instrument or other document has no significant historical value, and
(c) the destruction is authorized by the bylaws of the Land Title and Survey Authority.
96 Sections 174 (1), 176 (3) and 185 (1) are amended by striking out "prescribed form" and substituting "form approved by the director".
97 Sections 185 (3), 186 (2) to (4) and 187 are amended by striking out "prescribed form" and substituting "approved form".
98 Sections 186 (4), 225 (3), 226 (2) (a), 233 (4), 234 (2) (a), 237 (2) and 239 (2) are amended by striking out "prescribed manner" and substituting "manner approved by the director".
99 Section 190 is amended by striking out "or the Document Disposal Act,".
100 Section 207 (1) is amended
(a) by striking out "instrument in the prescribed form" and substituting "instrument in the form approved by the director", and
(b) by striking out "when in the prescribed form" and substituting "when in the approved form".
101 Section 208 (1) is amended by striking out "prescribed form," and substituting "form approved by the director,".
102 Sections 209 and 211 (3) are amended by striking out "prescribed form and, when in the prescribed form" and substituting "form approved by the director and, when in the approved form".
103 Section 211 (1) is amended by striking out "in the same manner as is prescribed for the assignment of a charge." and substituting "in the manner approved by the director."
104 Sections 212 (1), 214, 215 (5) to (8) and 220 (1) are amended by striking out "prescribed form" and substituting "form approved by the director".
105 Section 218 is amended by adding the following subsection:
(2.1) The minister may delegate to the Surveyor General the minister's powers under subsection (1) (d).
106 Section 219 is amended by adding the following subsection:
(14) The minister may delegate to the Surveyor General the minister's powers under subsections (3) (c) and (11) (b).
107 Section 225 is amended
(a) in subsection (3) by striking out "prescribed form," and substituting "form approved by the director,",
(b) in subsection (3) (e) by striking out "prescribed information." and substituting "information required by the director.",
(c) in subsection (4) by striking out "A regulation under subsection (3) may" and substituting "In approving a form under subsection (3), the director may", and
(d) in subsection (4) (e) by striking out "prescribed form that the Lieutenant Governor in Council" and substituting "approved form that the director".
108 Sections 227 (1) to (3), 229 (2) and 232 (4) are amended by striking out "Lieutenant Governor in Council" wherever it appears and substituting "Board of Directors".
109 Section 233 is amended
(a) in subsection (4) by striking out "prescribed form," and substituting "form approved by the director,",
(b) in subsection (4) (g) by striking out "prescribed information." and substituting "information required by the director.",
(c) in subsection (5) by striking out "A regulation under subsection (4) may" and substituting "In approving a form under subsection (4), the director may", and
(d) in subsection (5) (e) by striking out "prescribed form that the Lieutenant Governor in Council" and substituting "approved form that the director".
110 Section 237 (1) is amended by striking out "the prescribed form of".
111 Section 239 (1) (a) is amended by striking out "a prescribed" and substituting "an approved".
112 Section 239 (1) (b), as consolidated in section 9 (a) of the Supplement to the Land Title Act, is amended by striking out "prescribed form of general document if" and substituting "form of general document approved by the director where".
113 Section 240 (a) and (b) is repealed.
114 Sections 241 (1), 242 (2), 259, 286 (1), 290 (1), 293 (2) and 373.44 (3) are amended by striking out "prescribed form" and substituting "form approved by the director".
115 Section 271 is amended by adding the following subsection:
(3) In this section, "assurance fund" means the applicable assurance fund under Part 19.1 or Part 20.
116 The following Part is added:
Part 19.1 -- Land Title and Survey Authority
Assurance Fund
Definition
294.1 In this Part:
"court" means the Supreme Court;
"fund" means the assurance fund established under section 294.11 by the Land Title and Survey Authority.
Establishment and maintenance of assurance fund
294.11 (1) The Land Title and Survey Authority must establish and maintain an assurance fund for the purposes of this Part.
(2) The fund
(a) is the property of the Land Title and Survey Authority,
(b) must be accounted for separately from other property of the Land Title and Survey Authority,
(c) is not subject to any process of garnishment, attachment, execution or seizure, and
(d) is not subject to a trust in favour of a person who claims to have sustained a loss.
(3) Despite any Act, agreement or court order, a receiver must not exercise custody or control over the fund.
Application of this Part
294.12 No payment may be made from the fund in respect of a loss, damage or deprivation referred to in this Part occurring as a result of the deposit, filing or registration of an instrument or document before the date this section comes into force.
Remedies of person deprived of land
294.2 (1) A person, in this Part referred to as the "claimant",
(a) who is deprived of any estate or interest in land
(i) because of the conclusiveness of the register, in circumstances where, if this Act had not been passed, the claimant would have been entitled to recover the land from the present owner, and
(ii) in consequence of fraud or a wrongful act in respect of the registration of a person other than the claimant as owner of the land, and
(b) who is barred by this Act or by any other Act, or otherwise precluded from bringing an action
(i) for possession, or any other remedy for the recovery of land, or
(ii) for rectification of the register,
may, subject to subsections (2) and (3), proceed in court for the recovery of damages against the person by whose fraud or wrongful act the claimant has been deprived of the land.
(2) In a proceeding under subsection (1), the Land Title and Survey Authority must be joined as a nominal party defendant as a condition of recovering damages and costs from the fund, and the Land Title and Survey Authority has the right in the proceedings to all the defences available to the Land Title and Survey Authority or any other person for the purpose of protecting the fund.
(3) If the person liable for damages is dead, or cannot be found in British Columbia, a claimant may, instead of proceeding against that person, proceed in court for the recovery of damages and costs against the Land Title and Survey Authority as nominal defendant and recovering the amount of the damages and costs from the fund, and the Land Title and Survey Authority has in the proceedings all the rights and defences under subsection (2).
(4) If
(a) final judgment has been given against the person liable for damages under subsection (1) in a proceeding in which the Land Title and Survey Authority has been joined as a party defendant, and
(b) the court, on the application of the plaintiff supported by evidence satisfactory to the court, certifies to the Land Title and Survey Authority that the plaintiff has taken all reasonable steps to recover the amount of damages and costs awarded by the judgment from the person so liable, but the plaintiff has been unable to recover all or part of them,
on receipt of a certified copy of the judgment and the certificate of the court, the Land Title and Survey Authority must
(c) pay the amount of the damages and costs so awarded or the unrecovered balance of them, as the case may be, on account of the person liable for the damages or the person's personal representatives, and
(d) charge the amount to the fund.
(5) If the person bringing an action under subsection (3) recovers final judgment against the Land Title and Survey Authority, the registrar of the court must certify to the Land Title and Survey Authority the fact of the judgment and the amount of the damages and costs recovered.
(6) On receipt of a certificate under subsection (5), the Land Title and Survey Authority must pay the amount of the damages and costs on account of the person liable for the damages or the person's personal representative, and must charge the amount to the fund.
(7) A proceeding for the recovery of damages sustained through the deprivation of land may not be brought under this section
(a) against the Land Title and Survey Authority, or
(b) against the person by whose fraud or wrongful act the person entitled to the land has been deprived of it,
unless the proceeding is commenced within 3 years after the deprivation is discovered by the claimant.
(8) If a person is under a disability, the Limitation Act applies to this section.
Protection of purchaser in good faith and for value
294.21 (1) In this section, "purchaser" means a purchaser in good faith and for valuable consideration and includes a mortgagee or lessee.
(2) Despite anything to the contrary in this Act, no purchaser is subject to a proceeding under this Part in respect of land of which the purchaser is the registered owner, for
(a) recovery of land,
(b) deprivation of land, or
(c) damages in respect of land
on the ground that the purchaser's vendor or transferor
(d) may have been registered as owner through fraud, error or a wrongful act, or
(e) may have derived title from or through a person registered as owner through fraud, error or a wrongful act.
(3) A person taking under a void instrument is not a purchaser and acquires no interest in the land by registration of the instrument.
Fault of registrar
294.22 (1) Except in accordance with this section, no proceeding may be brought against the registrar or a person acting under the registrar's direction by a person sustaining loss or damages caused, solely or partially, as a result of an omission, mistake or misfeasance of the registrar, or a person acting under the registrar's direction, in the execution of their respective duties under this Act.
(2) A person sustaining loss or damages caused solely as a result of an omission, mistake or misfeasance of the registrar, or a person acting under the registrar's direction, in the execution of their respective duties under this Act, may, subject to section 294.6 [limitation of liability of fund], proceed in court against the Land Title and Survey Authority as nominal defendant for the purpose of recovering the amount of the loss or damages and costs from the fund.
(3) Despite the Limitation Act, an action may not be brought against the Land Title and Survey Authority under this section unless the action is commenced within 3 years after the loss or damage is discovered by the claimant.
(4) If the person bringing an action under subsection (1) recovers final judgment against the Land Title and Survey Authority, the registrar of the court must certify to the Land Title and Survey Authority the fact of the judgment and the amount of the damages and costs recovered.
(5) The Land Title and Survey Authority must, on receipt of the certificate under subsection (4), pay the amount of the damages and costs, and must charge the amount to the fund.
Notice of actions against Land Title and Survey Authority
294.3 (1) A proceeding against the Land Title and Survey Authority, or in which the Land Title and Survey Authority is required to be joined as a party defendant under this Part, may not be commenced until the expiration of one month after a notice of the intended proceeding, setting out
(a) the particulars of the claim, and
(b) fully and fairly all the material facts of the matter,
has been served on the Land Title and Survey Authority and on the registrar.
(2) The Land Title and Survey Authority may, on application supported by an affidavit, grant relief in whole or in part from strict compliance with subsection (1).
Liability of plaintiff for costs
294.4 (1) A plaintiff in an action is liable to pay the full costs of the action if
(a) judgment is given in favour of the Land Title and Survey Authority as nominal defendant,
(b) the plaintiff discontinues the action, or
(c) the action is dismissed.
(2) The costs when taxed must be levied in the name of the Land Title and Survey Authority as nominal defendant by similar process or execution as in other actions.
Judgment against person liable
294.5 (1) If an amount has been paid by the Land Title and Survey Authority in respect of a judgment recovered under section 294.2, the court,
(a) on an application by the Land Title and Survey Authority without notice to any person, and
(b) on the production of a certificate signed by the Land Title and Survey Authority certifying that the amount has been paid in satisfaction of the judgment,
may order that judgment be entered for the amount so paid, together with the costs of the application, in favour of the Land Title and Survey Authority for the benefit of the fund against the person liable for damages and costs and on whose account the amount has been paid, or against the personal representatives of that person.
(2) A judgment so entered is final, and is enforceable by similar process or execution as in the case of other judgments.
Limitation of liability of fund
294.6 The fund or the Land Title and Survey Authority as nominal defendant is not under any circumstances liable for compensation for loss, damage or deprivation
(a) occasioned to or suffered by
(i) the owner of undersurface rights, or
(ii) an equitable mortgagee by deposit of the duplicate indefeasible title, whether or not accompanied by a memorandum of deposit,
(b) occasioned by
(i) the breach by a registered owner of a trust, whether express, implied, constructive or statutory,
(ii) land being included under an indefeasible title with other land through misdescription of boundaries or parcels of land,
(iii) the improper use of the seal of a corporation or by an act of an authorized signatory of a corporation who exceeds his or her authority,
(iv) the dissolution of a corporation, or its lack of capacity to hold and dispose of land, or
(v) the issue of a provisional certificate of title,
(c) if the land in question may have been included in 2 or more grants from the Crown,
(d) because of an error or shortage in area of a lot, block or subdivision or in volume of an air space parcel, according to a plan filed or deposited in the land title office,
(e) if the plaintiff, or the person through or under whom the plaintiff claims,
(i) was served with notice in any manner permitted by this Act, or
(ii) not being served with notice, had knowledge that the registrar or a person under the registrar's direction was about to commit the act through which the plaintiff claims to have suffered damages,
unless the person so served or having knowledge took and maintained the proper proceedings to establish the person's claim to the land, or to prevent that act on the part of the registrar or the person under the registrar's direction for service of a notice,
(f) if the loss, damage or deprivation has been caused or contributed to by the act, neglect or default of the plaintiff,
(g) if the loss, damage or deprivation arises out of a matter in respect of which the registrar is by any Act or law not required, either expressly or by necessary implication, to inquire, or
(h) occasioned by an act or omission of the government, or an agent or employee of the government, in relation to the general index that is referred to in section 250 of the Strata Property Act including, without limitation,
(i) making an endorsement on the general index,
(ii) failing or delaying to file a document or to make an endorsement on the general index,
(iii) making an error in an endorsement on the general index, or
(iv) giving or omitting to give advice concerning the general index.
Recovery limited to value of land
294.61 (1) A person is not entitled to recover from the Land Title and Survey Authority as nominal defendant or the fund an amount for compensation, in respect of loss, damage or deprivation of land, greater than the value of the land at the time of the loss, damage or deprivation.
(2) In ascertaining the compensation, the value of buildings and other improvements erected or made subsequent to the loss, damage or deprivation must be excluded.
Payment from fund without action
294.7 The Land Title and Survey Authority, without a proceeding being brought, may admit or compromise a claim made under this Part against the fund, and may pay all or part of the claim.
Payment by Land Title and Survey Authority
294.8 The Land Title and Survey Authority must pay the amount of a claim or judgment in respect of which the fund is liable if there is not at that time a sufficient amount at the credit of the fund.
Withholding of payment until proceedings concluded
294.9 The Land Title and Survey Authority is not bound to make payment under this Part in the case of a final judgment until
(a) the time allowed for appeal from the judgment has expired, or
(b) the determination of all proceedings in the action, including appeals.
117 The heading to Part 20 is repealed and the following substituted:
Part 20 -- Government Assurance Fund .
118 The following sections are added to Part 20:
Definition
294.91 In this Part, "assurance fund" means the assurance fund continued under section 295 (1).
Application of this Part
295.1 No payment may be made from the assurance fund in respect of a loss, damage or deprivation referred to in this Part occurring as a result of the deposit, filing or registration of an instrument or document on or after the date this section comes into force.
119 Section 295 (1) is amended by striking out "Act," and substituting "Part,".
120 Section 298 (1) is amended by striking out "the registrar's employees," and substituting "a person acting under the registrar's direction,".
121 Sections 303 (d) and 342 (1) are amended by striking out "office of the registrar" and substituting "land title office".
122 Section 303 (e) is amended
(a) in subparagraph (ii) by striking out "an employee of the registrar" and substituting "a person under the registrar's direction", and
(b) by striking out "the employee" and substituting "the person under the registrar's direction".
123 Section 308 is amended
(a) by repealing subsection (2) (b) and substituting:
(b) the fees payable under this Act for the notice are paid , and
(b) by repealing subsection (3) (b) and substituting:
(b) the fees payable under this Act for the notice are not paid .
124 Section 323 is amended
(a) by renumbering the section as section 323 (1), and
(b) by adding the following subsection:
(2) The minister may delegate to the Surveyor General the minister's powers and duties under this Part.
125 Section 327 (2) is amended by striking out "Minister" and substituting "The minister".
126 Section 341 is amended by striking out "Attorney General" and substituting "minister".
127 Section 356 (1) is amended by striking out "registrar's official seal," and substituting "official seal of the land title office,".
128 Sections 373 and 373.82 (4) are amended by striking out "section 303, neither the assurance fund nor the minister" and substituting "sections 294.6 and 303, neither the assurance fund under Part 19.1, nor the assurance fund under Part 20, nor the Land Title and Survey Authority nor the minister".
129 Section 374 (2) is amended by striking out "Lieutenant Governor in Council." and substituting "director."
130 Section 375 (1) is amended by striking out "prescribed" and substituting "required".
131 Section 379 (1) and (2) is amended by striking out "signature, seal" and substituting "official seal of the land title office or the signature".
132 Section 381 (2) is amended by striking out "prescribed fee," and substituting "fee established by bylaw of the Board of Directors,".
133 Section 382 (2) is amended by striking out "registrar's seal of office," and substituting "official seal of the land title office,".
134 Section 384 (3) is amended by striking out "Despite this section," and substituting "Despite this section but subject to section 166,".
135 The following section is added:
Records of Land Title and Survey Authority
384.1 (1) The records are transferred to and vest in the Land Title and Survey Authority.
(2) The Land Title and Survey Authority must not destroy or dispose of the records except in accordance with this Act or section 3 of the Land Title and Survey Authority Act.
(3) The records are not subject to
(a) any process of attachment, execution or seizure, or
(b) a trust in favour of a person who claims to have sustained a loss.
(4) Despite any Act, agreement or court order, a receiver must not exercise custody or control over the records.
(5) If a provision of an agreement to which the Land Title and Survey Authority is a party limits access to or the use of records in a manner that is inconsistent with this Act, the provision is not enforceable against the Authority.
136 Section 385 (2) is amended
(a) in paragraph (b) by striking out "including fees to be paid to the assurance fund",
(b) by repealing paragraphs (f), (i), (n) and (p) to (r), and
(c) in paragraph (o) by striking out "prescribed form" and substituting "approved form".
137 Section 386 is amended
(a) by repealing subsection (1) and substituting the following:
(1) There must be paid to the registrar,
(a) in respect of the matters in the regulations, the respective fees prescribed or other fees the Lieutenant Governor in Council may establish by regulation, and
(b) in respect of services provided by the registrar, the Surveyor General or persons under the direction of the registrar or Surveyor General, the respective fees the Board of Directors may establish by bylaw. ,
(b) in subsection (2) by striking out "by the registrar" and substituting "by the registrar, except fees established by the Board of Directors,",
(c) in subsection (3.2) by striking out "Lieutenant Governor in Council" and substituting "Board of Directors",
(d) in subsection (4) (a) and (b) by striking out "registry staff" and substituting "persons under the registrar's direction",
(e) by adding the following subsection:
(4.1) Without limiting subsection (1) (b), the Board of Directors may establish, by bylaw, fees for matters referred to in subsection (4). ,
(f) in subsection (5) by adding "or established under subsection (4.1)" after "prescribed under subsection (4)",
(g) by repealing subsection (8) and substituting the following:
(8) If, in the minister's opinion, it is in the public interest to do so, the minister may
(a) exempt any person from the payment of all or part of any fee authorized under this Act, except a fee established by the Board of Directors, or
(b) order that all or part of a fee received by a registrar, except a fee established by the Board of Directors, be reimbursed to a designated person who paid it. ,
(h) in subsection (9) by striking out "person designated by the director," and substituting "designated person", and
(i) in subsection (10) by striking out "director" and substituting "minister".
138 Section 386 (7) is repealed.
139 Section 386.1 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) There shall be paid to the registrar in respect of a matter mentioned in Column 1 of the Schedule
(a) the fee set out opposite that matter in Column 2 of the Schedule, and
(b) any fee set by bylaw of the Board of Directors in respect of that matter.
(2) Subsection (1) does not limit the ability of
(a) the Lieutenant Governor in Council to prescribe or establish fees, or
(b) the Board of Directors to establish, by bylaw, fees
under sections 385 and 386 for matters other than the matters mentioned in the Schedule. , and
(b) in subsection (3) by striking out "(5)" and substituting "(6)".
140 The following section is added:
Fees payable despite other enactments
386.2 Despite any enactment but subject to sections 386 (7) and 386.1 (3) and the operating agreement, as defined in the Land Title and Survey Authority Act, if a provision of another enactment provides that no fee is payable under this Act, sections 386 and 386.1 prevail insofar as those sections require the payment of a fee established by the Board of Directors.
141 Section 386.2 is amended by striking out "sections 386 (7) and 386.1 (3) and".
142 The Schedule is amended by adding the following immediately after the title:
In this Schedule:
"fee" means the amount payable for each transaction described unless otherwise specified;
"pending" means the time after an application is received under section 153 and before the application is registered under section 36;
"government office" means an office belonging to the government from which a title search can be made by electronic means.
143 Item 1 of the Schedule is amended
(a) in Column 2 opposite paragraph (a) by striking out "$63.25, of which $5 is an assurance fund fee," and substituting "$39.73", and
(b) in Column 2 opposite paragraph (b) by striking out "$64.75, of which $5 is an assurance fund fee," and substituting "$41.23".
144 Item 2 of the Schedule is amended
(a) in Column 2 opposite paragraph (a) by striking out "$63.25, of which $5 is an assurance fund fee," and substituting "$39.73", and
(b) in Column 2 opposite paragraph (b) by striking out "$64.75, of which $5 is an assurance fund fee," and substituting "$41.23".
145 Item 3 of the Schedule is amended
(a) in Column 2 opposite paragraph (a) by striking out "$27" and substituting "$18.63", and
(b) in Column 2 opposite paragraph (b) by striking out "$5" and substituting "$3.45".
146 Item 4 of the Schedule is amended
(a) in Column 2 opposite paragraph (a) by striking out "$21.50" and substituting "$14.84",
(b) in Column 2 opposite paragraph (b) by striking out "$21.50" and substituting "$14.84", and
(c) in Column 2 opposite paragraph (c) by striking out "$10" and substituting "$6.90".
147 Item 5 of the Schedule is amended
(a) in Column 2 opposite paragraph (a) (i) by striking out "$25.50" and substituting "$17.13", and
(b) in Column 2 opposite paragraph (a) (ii) by striking out "$27" and substituting "$18.63".
148 The Schedule is amended by adding the following Items:
| Item |
Column 1
Matter |
Column 2
Fee
|
| 6 |
Cancellation of Lease on Breach of Covenant |
|
| |
To file an application to cancel, to hold a hearing under section 247 and to register any order of the registrar |
$48.30
|
| 7 |
Plans
To file or deposit |
|
| |
(a) a reference, explanatory, subdivision or strata plan (including the Schedules of Unit Entitlement and Voting Rights and the Strata Corporation Mailing Address) |
$37.26
|
| |
(b) any other plan not otherwise provided for in this Schedule |
$37.26
|
| |
(c) a bylaw plan |
$13.80
|
| 8 |
Cancellation of Plans
To |
|
| |
(a) file a petition under section 123, serve a petition under section 125, and prepare and register a registrar's order under section 134 |
$69
|
| |
(b) hear an application under section 129 |
$69
|
| 9 |
Cancellation of Interior Lot Lines |
|
| |
For all matters in connection with cancellation of interior lot lines under section 137, including the registration of any indefeasible title in consequence of the cancellation |
$69
|
| 10 |
Withdrawal of a Pending Application |
|
| |
To withdraw a pending application |
Lesser of the fee for the pending application or $20.70
|
| 11 |
Refusal of Registration
For each |
|
| |
(a) refusal notice provided under section 308 (1) |
Lesser of the fee for the pending application or $20.70
|
| |
(b) cancellation of an application, under section 308 (3), consequent upon the expiration of the 21 day period under section 308 (2) |
Lesser of the fee for the pending application net of the amount paid under paragraph (a) or $20.70
|
| 12 |
Certificates
To make, provide or issue |
|
| |
(a) a Duplicate Indefeasible Title under section 176, or a Provisional Indefeasible Title under section 193 |
$34.50
|
| |
(b) a state of title certificate requested electronically from a location outside a government office |
$5.75
|
| |
(c) a state of title certificate requested over the counter at a government office |
$8.63
|
| |
(d) any other certificate not otherwise provided for in this Schedule |
$8.63
|
| 13 |
Certification |
|
| |
To certify a copy of the register or other record, instrument, cancelled title, plan, abstract of a title, power of attorney or any copy that satisfies section 38 (4), (5) or (6) |
$7.50 plus the applicable search and copy fees payable under this Act
|
| 14 |
Plan Copies
To make, provide, receive or copy a plan, including an imaged or microfilmed plan, if the matter is requested, performed, made or obtained |
|
| |
(a) at a government office by a person who is not for that purpose a government employee |
$5.52
|
| |
(b) at a government office by a person who is for that purpose a government employee |
$6.21
|
| |
(c) electronically from the computer system and delivered to the customer's personal computer |
$7.13
|
| 15 |
Title Search and Copy Computer Assisted
For a search, copy or both if the matter is requested, performed, made or obtained |
|
| |
(a) by electronic means from a location outside a government office |
$4.02
|
| |
(b) at a government office by a person who is not, for that purpose, a government employee |
$5.71
|
| |
(c) at a government office by a person who is, for that purpose, a government employee |
$6.56
|
| 16 |
Title Search and Copy Non-Computer Assisted
For a search, copy or both if the matter is requested, performed, made or obtained at a government office |
|
| |
(a) by a person who is not, for that purpose, a government employee |
$3.45
|
| |
(b) by a person who is, for that purpose, a government employee |
$6.90 including a copy of the title searched; and if the person attending at the land title office is an owner of the land described in the title, a copy of each document referred to in the title searched
|
| 17 |
Imaged Records
To make, view, obtain or copy all or part of an imaged instrument or document other than a plan |
|
| |
(a) by electronic means by a non-government employee |
$7.13
|
| |
(b) at a government office by a person who is, for that purpose, a government employee |
$8.97
|
| |
(c) electronically from the computer system and printed at the customer's fax machine or delivered to the customer's personal computer |
$7.59
|
| 18 |
Index Search and Copy
For each search, copy or both copy of an index for a Strata Plan, Power of Attorney, General Filing, Standard Mortgage Terms or Standard Charge Terms requested |
|
| |
(a) electronically from a location outside a government office |
$0.92
|
| |
(b) over the counter at a government office |
$2.76
|
| 19 |
Name Search
For each name search requested |
|
| |
(a) electronically from a location outside a government office |
$0.92
|
| |
(b) over the counter at a government office |
$2.76
|
| 20 |
Paper Records |
|
| |
To make, provide or copy an instrument or document not stored electronically or not otherwise provided for in this Schedule |
$0.69 per page
|
| 21 |
Documents requested through Canada Post |
|
| |
To make, provide or copy, at a government office by a person who is for that purpose a government employee, each instrument or document that has been requested by regular mail through Canada Post |
$6.90
|
| 22 |
Approval of Subdivision Plans |
|
| |
For examination and approval by an approving officer of a subdivision plan tendered under section 83 |
$50 plus, if the subdivision plan covers land in unorganized territory, $100 for each parcel within the subdivision
|
| 23 |
Block Outline Survey |
|
| |
For an application for a block outline posting under section 69 (3) |
$18.12 per lot to a maximum of $181.20
|
| 24 |
Plans Bordering Crown Land or Water
For application for endorsement of a certificate under |
|
| |
(a) section 94 (1) (c) |
$345
|
| |
(b) section 94 (1) (d) |
$172.50
|
| |
(c) section 118 (1) |
$172.50
|
| 25 |
E&N Railway Company Grant |
|
| |
For approval of an explanatory plan of block or lot under section 70 (3) |
$172.50 .
|
Local Government Act
149 Section 420 (2) (b) (i) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "fees prescribed" and substituting "fees payable".
150 Sections 420 (2) (b) (ii), 733 (3) and 996 (1) are amended by striking out "prescribed" wherever it appears and substituting "approved".
151 Section 424 (2) (a) is amended by striking out "registrar of land titles or the Attorney General under the Land Title Act or against" and substituting "registrar of land titles, the minister charged with the administration of the Land Title Act, the Land Title and Survey Authority of British Columbia or".
152 Section 733 (4) is amended
(a) in paragraph (a) by striking out "nor is the Provincial government liable vicariously, and" and substituting "and neither the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,",
(b) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(c) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
153 Section 905 (7) is amended
(a) by repealing paragraph (a) and substituting the following:
(a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and , and
(b) in paragraph (b) by striking out "Attorney General," and substituting "minister charged with the administration of the Land Title Act,".
154 Section 927 (2) is amended
(a) by repealing paragraph (a) and substituting the following:
(a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(b) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
155 Section 976 (7) is amended
(a) in paragraph (a) by striking out "nor is the Provincial government vicariously liable, and" and substituting "and neither the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,",
(b) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(c) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
Mineral Tenure Act
156 Section 64 (3) (c) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is repealed and the following substituted:
(c) any fees the board of directors of the Land Title and Survey Authority of British Columbia may establish by bylaw.
Ministry of Lands, Parks and Housing Act
157 Section 3 (1) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is amended by striking out "deputy minister, a Surveyor General and other employees" and substituting "deputy minister and other employees".
158 Section 8.1 (6) is amended
(a) by repealing paragraph (a) and substituting the following:
(a) neither the registrar, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and , and
(b) in paragraph (b) by striking out "Attorney General," and substituting "minister charged with the administration of the Land Title Act,".
159 Section 9 is amended by adding the following subsection:
(3) If the minister considers it advisable, the minister may authorize the Surveyor General to dispose of Crown land under subsection (1) on behalf of the minister.
Mountain Resort Associations Act
160 Section 9 (3) of the Mountain Resort Associations Act, R.S.B.C. 1996, c. 320, is amended
(a) in paragraph (a) by striking out "nor is the government liable vicariously, and" and substituting "and neither the government nor the Land Title and Survey Authority of British Columbia is liable vicariously,",
(b) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(c) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
Personal Property Security Act
161 Section 49 (1) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, is amended in the definition of "fee" by striking out "prescribed fee payable" and substituting "fees payable".
Property Transfer Tax Act
162 Section 37 (2) (e) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by striking out "Land Title Act" and substituting "Land Title Act, except fees established by the Board of Directors under that Act,".
Railway Act
163 Section 20 (2) and (3) of the Railway Act, R.S.B.C. 1996, c. 395, is amended by striking out "fees set by the Land Title Act." and substituting "fees payable under the Land Title Act."
Vancouver Charter
164 Section 291A (7) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "the forms and fees prescribed" and substituting "the forms approved and fees payable".
165 Section 336D is amended
(a) in subsection (3) by striking out "prescribed fee," and substituting "fees payable under the Land Title Act,",
(b) in subsection (5) (a) by striking out "nor is the Crown liable vicariously, and" and substituting "and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,",
(c) in subsection (5) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(d) in subsection (5) (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
166 Section 446 is amended by striking out "or the Attorney-General under the Land Title Act," and substituting "or the minister charged with the administration of the Land Title Act, or the Land Title and Survey Authority of British Columbia,".
167 Section 565.2 (7) is amended
(a) in paragraph (a) by striking out "nor is the Crown liable vicariously, and" and substituting "and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,",
(b) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(c) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
168 Section 601 (7) is amended
(a) in paragraph (a) by striking out "nor is the Crown vicariously liable, and" and substituting "and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,",
(b) by adding the following paragraph:
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and , and
(c) in paragraph (b) by striking out "Attorney General" and substituting "minister charged with the administration of the Land Title Act".
Water Act
169 Section 28 (2) (c) of the Water Act, R.S.B.C. 1996, c. 483, is amended by striking out "proper fees" and substituting "applicable fees".
Wills Variation Act
170 Section 4 (2) of the Wills Variation Act, R.S.B.C. 1996, c. 490, is amended by striking out "form prescribed under section 213 of the Land Title Act" and substituting "approved form under the Land Title Act".
Amendments to this Act
171 Section 1 of this Act is amended in the definition of "stakeholder entity" by repealing paragraph (c) and substituting the following:
(c) the Association of British Columbia Land Surveyors; .
172 Sections 7 (1) and 44 (2) (a) are amended by striking out "Corporation of Land Surveyors of the Province of British Columbia" and substituting "Association of British Columbia Land Surveyors".
Commencement
173 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table
Item
| Column 1
Provisions of Act
| Column 2
Commencement
|
| 1 |
Anything not elsewhere covered by this table |
By regulation of the Lieutenant Governor in Council |
| 2 |
Sections 83 and 126 |
January 1, 2004 |
| 3 |
Sections 138 and 141 |
April 1, 2006 |
| 4 |
Sections 171 and 172 |
January 21, 2005 |