April 2008 The The Register

RegisterTHE NEWSLETTER OF WEST COAST TITLE SEARCH LTD.

NUMBER 69 / 08 REGISTRY SERVICES • PROCESS SERVING APRIL 2008

In This Issue E-Filing BC Gazette Update WARNING Insertion Rates ...... 3 Corporate Update Are Your Land Filing Federal NUANS Searches ...... 3 Options Threatened? Court Update Certificate of Judgment ...... 4 More and more frequently, we are hearing that electronic filing Number of Copies ...... 4 will soon be made mandatory, despite the Land Title and Survey Authority’s Requisitions ...... 5 initial strategy to favour a gradual and voluntary approach. As you may know, Time Limitations ...... 5 mandatory filing would include the majority of land documents filed (if Trial Scheduling ...... 5 not all) as well as survey plan packages. Turnaround Times for ...... Obtaining Copies ...... 4 Whether you rely on paper filing, electronic filing or both, you E-filing Warning know the various benefits of the two options. We think those benefits should continue to be available to you. The choice should be yours, not Are Your Land Filing Options Threatened? ...... 1 the result of a government ultimatum. Land Update West Coast believes in choice - choice of options and choice of Certified Copies ...... 3 agents. We believe that choice encourages competition and competition Land Title Transfer results in better choices. We know from our 38 years of experience that Forms Guidebook ...... 3 one size doesn’t fit all. That is why even today, with e-mail, fax and the LTO Fees Increased ...... 2 internet, Canada Post is as strong as ever. Tips on Titles ...... 2 MHR Update If you want to preserve your option to paper file, now is the time to make your voice heard. Transfers to Surviving Joint Tenant ...... 4 Suggested contact names at the Land Title and Survey Authority PTT Update of , The Law Society of British Columbia, The Canadian FTHB Program Amendments . 2 Bar Association (BC Branch), as well as an e-mail list of MLAs in the Metro Vancouver area, are included as an insert. Vital Statistics Update Living Wills Searches ...... 4 You still have time to influence this critical decision. West Coast Update Yours Faithfully, Pre-Printed Invoices ...... 5 Staff Anniversaries ...... 5

Wayne Crookes Shelley Porter Owner/President General Manager

Page 1 April 2008 The Register PTT Bulletin PTT 004 Tips on Titles Bulletin PTT 004 (Issued March Assignment of Charge UPDA TE 1994, Revised February 2008) provides a summary of the First Time When a charge has been assigned or FTHB Program Home Buyers’ Program and its eligibility transferred, the last or most recent Amendments requirements, including the changes assignment of charge number will be announced in the 2008 Provincial shown on the title directly beneath the name of the “Registered Owner of Amendments to the threshold and Budget. If you would like a copy of Charge”. All previous assignments or financing requirements of the First this bulletin, please contact Cyndy transfers, as well as modifications, will Time Home Buyers’ program (FTHB) Patterson in our Client Services usually be shown under “Remarks”. were introduced in the 2008 BC department at 604.659.8610 or toll When dealing with the charge, the Provincial Budget effective on or after free at 1.800.553.1936 or send your complete history of the charge must be recited February 20, 2008. request via e-mail to [email protected]. The bulletin is also available on on the document. Increased Thresholds the Ministry of Small Business and Revenue website at Modification of Covenant and Statutory Right of Way For registrations filed on or after www.sbr.gov.bc.ca/documents_library/ February 20, 2008, the qualifying fair bulletins/PTT_004.pdf. When a covenant or statutory right of market value threshold was increased way is inter alia and is modified as to from $375,000 to $425,000. This one or more of the lots but not all of the increased threshold value applies to all Land lots, reference to the modification will areas throughout the province. UPDA TE appear on the title under “Remarks” for the charge on all titles. However, Where a property has a fair market the modification will only appear as a value of up to $25,000 more than LTO Fees Increased separate charge on the title(s) to the the threshold amount, the property is actual lot(s) affected. still eligible for a proportional April 1, 2008 exception. The formula for calculating As outlined in our Land Update of Incorporation Numbers the proportionate amount of tax March 3, 2008, the Land Title and payable is included in Section F(5) on Survey Authority of British Columbia When a BC company holds an the blue First Time Home Buyers’ announced an increase in some of interest in land, the incorporation Property Transfer Tax Return. its Land Title Act base fees effective number of the company is usually April 1, 2008. This increase is equal shown on the title. However, on Financing Requirements to the adjusted Consumer Price Index older titles, this was not always rate of 2 percent. enforced. When dealing with the If a property is purchased on or after company’s interest now, your document February 20, 2008, the purchaser is Fees to register fee simple documents, must show the incorporation number even no longer required to meet any charges, releases and plans all increased if the title does not. financing requirements to qualify for by a nominal amount. Fees to register the FTHB program. However, if a a caveat, judgment and certificate of If the company is not a BC company, property purchase was registered pending litigation also increased this the title will not show an before February 20, 2008, the time. Photocopy fees for imaged copies, incorporation number. When purchaser must still meet the financing title searches, pre and post searches, subsequently dealing with a requirements that were in place when name searches, power of attorney company that is not a BC company the property was purchased, i.e., the searches and strata plan general index or a company that is not extra- amount borrowed to finance the searches also increased. provincially registered, your document purchase had to be 70% or greater of should indicate the company’s the fair market value. For a complete listing of all Land Title governing jurisdiction (which will fees, including the new fee increases, explain why there is no incorporation All purchasers (including persons please contact Cyndy Patterson in our number shown). If it has been more who purchased their property prior to Client Services department at than six months since the non-BC February 20, 2008) are now free to 604.659.8610 or toll free at company first registered its interest pay down any amount on their 1.800.553.1936. You may also e-mail in land, then the Land Title Office mortgage and are no longer restricted your request to [email protected]. The new may require proof (usually in the form by any limitations for paying down the Fee Structure may also be found on of a Certificate of Status)that the mortgage during the first year of the Land Title and Survey Authority company is still in good standing. ownership. website at www.ltsa.ca/fees.htm. Page 2 April 2008 The Register Certified Copies Vital Statistics Certificates BC Gazette Usually, original documents must The Land Title Office will accept a always be filed in the Land Title Office. certified copy of the following UPDA TE However, the Land Title Office will certificates attached to a Form 17: accept a certified copy of certain types Insertion Rates of documents. If a certified copy is • Death certificate for transmission acceptable, the original document must The BC Gazette’s insertion rates to surviving joint tenant have increased slightly for 2008. The still be presented to the Land Title • Office so that they can make a certified Marriage certificate for change of rates are determined by the number of copy for filing. A certified copy made name by way of marriage words (from 100 to 500) and the type of by a solicitor or a notary public is • Change of Name certificate for standard advertisements. There is a fixed not acceptable for LTO purposes. change of name under the Change rate for the first insertion and a reduced of Name Act rate for subsequent insertions. Powers of Attorney There is no Land Title fee for certifying A copy of the 2008 Insertion Rates, The Land Title Office will accept a Vital Statistics certificates. as well as the Deadlines and certified copy of a Power of Attorney Publishing Schedule, may be found document attached to a filing letter. Land Title Transfer on the BC Gazette website at www.publications.gov.bc.ca/ There is an LTO fee of $11.00 for certifying Forms Guidebook bcgazette.aspx. a Power of Attorney document. A 2008 edition of the green Land Title Transfer Forms Guidebook (Guidebook) You may also contact our Victoria Probate Documents will become available in early April. office at 250.405.6000 or toll free Letters of Administration The Guidebook deals with completion at 1.800.667.7767 and we would be Disclosure Documents instructions and guidelines for pleased to obtain this information completing the transfer forms A, B and for you. The Land Title Office will accept a Court C in both paper and electronic format. certified copy of the necessary The main revisions deal primarily with Reminder: documents to effect the transmission electronic forms. Notices must reach the Queen’s of a deceased’s interest in land to their Printer no later than 1:30 p.m. personal representative attached to a As in earlier editions, a complete copy on the deadline date. Form 17. However, the Land Title of the Prescribed Standard Mortgage Office will not certify a copy of a Terms (referred to in Item 9(a) of the document that has already been Form B Mortgage) is included in the Corporate certified by the Courts. Guidebook. In addition, there is also an Appendix with Examples of Preferred UPDA TE Trust Instruments UPDA TE Forms of Affidavits which may be used when a document has not been officer Where a party to a document is Federal NUANS certified. holding their interest in the land Searches “In Trust”, the Land Title Office will Copies of the Guidebook may be accept a certified copy of the Trust Industry Canada must be advised of ordered from: Instrument attached to the original the exact way the name is to appear document . on the Certificate of Incorporation The Continuing Legal Education when a name is submitted to them for Trust instruments (including certified Society of British Columbia a Name Decision Letter. copies of trust instruments) cannot be submitted with a filing letter as a 845 Cambie Street –Suite 300 Whether the name uses upper case or Document Filed (“DF”) unless the Vancouver, BC V6B 5T2 lower case letters, or a combination of trust instrument is to be used for an both, is an important factor in electronic submission. In that case, the Phone: 604.893.2121 determining name acceptability. trust instrument may be filed as a Toll Free : 800.663.0437 separate DF provided the filing letter Fax: 604.669-9260 In order to ensure that we submit the indicates “For electronic filing with request on the correct name, our Victoria PID______”. Cost: $74.55 ($60.00 plus staff will confirm the exact capitalization $11.00 shipping plus $3.55 GST) of the name on any Federal NUANS There is no Land Title fee for certifying search request we receive. Trust Instruments. Page 3 April 2008 The Register Vital Statistics Court UPDA TE UPDA TE

Living Wills Searches Turnaround Times for Obtaining Copies When requesting a Wills Notice search on a living person (Living Wills Search), The turnaround time for obtaining copies of documents at the Vancouver Supreme the Vital Statistics Branch requires Court Registry will depend on where the file is located and when your request is written consent from the individual received: being searched. Consent from the solicitor is not acceptable. Note: A fax • Civil actions from 2005 to the present, plus M files from 2004 are available or e-mail copy of the individual’s Onsite at the File and Search counter. Copies of documents from these files signed consent letter is acceptable. can usually be obtained the same day.

• Level P1 files from 2002 to 2004, plus E files from 2001and H files from MHR 2001 to 2005 are located in the basement at the Registry and are only retrieved twice a day. Depending on the time of your request, copies of UPDA TE documents may not be available until the following day. Transfers to Surviving • All other files prior to 2002 are located Offsite. The general turnaround Joint Tenant time for obtaining copies of offsite documents is 5 business days. Effective February 4, 2008, online filing for a Transfer Due to Death of Vancouver File Location Index a Joint Tenant became available on the Manufactured Home website. Onsite Level P1 Offsite However, there are some circumstances where a paper filing must still be A99, B99, C99 & Older submitted to the Registry. The option of online filing can only be used where All D , G & K Files all the owners of the home are joint tenants and you are now transferring E05 – E08 E01 – E04 E00 & Older to the surviving joint tenant(s). H06 – H08 H01 – H05 H00 & Older If some of the owners of the home have J96 – J99 a tenant in common relationship with other owners who are joint L05 – L08 L02 – L04 L00 & L01 tenants, then you cannot complete the transfer online. A paper filing of the M04 – M08 M02 & M03 M00 & M01 Notice to Transfer or Change S05 – S08 S02 – S04 S00 & S01 Ownership and an original or notarial certified copy of the death certificate must be submitted to the Registry, Number of Copies Certificate of Judgment along with fees of $50.00. There is some discrepancy among the When filing a Certificate of Judgment, Where all joint tenants are now Court Registries as to the number of please provide an entered copy of the deceased and the home was never copies that should be filed with a Notice Court Order/Default Judgment that sets out transferred to the surviving joint of Motion (NOM), Notice of Hearing the amount owing, including costs to be tenant(s), the original or notarial (NOH) and Affidavit (AFF). In order assessed. certified copy of the death certificate to ensure that a filed copy is returned of the first deceased owner must to you, please send the following Please provide an original and two accompany the probate documents number of copies of each document: copies. If approved, the Court Registrar and a copy of the will of the last will sign the Certificate of Judgment and deceased owner, along with a Notice NOM – Original + 3 keep one copy for the Court file and to Transfer or Change Ownership. NOH – Original + 3 return the Original and the remaining The Registry fee for both these steps AFF – Original + 2 copy for filing at the Land Title Office. at the same time is $50.00. Page 4 April 2008 The Register

Trial Scheduling th 30 Staff 20 th There will be no regular Chambers available on May 21–23, 2008 and Anniversaries November 12–14, 2008 as there are Judges/Masters conferences on these dates. Only emergency applications will be heard and West Coast is very pleased to announce that two staff members have must be arranged through the Court recently celebrated significant Anniversary Milestones. On behalf of Wayne Registry first. Crookes, Owner/President and all the staff, we would like to congratulate Pamela and Valerie for their many years of dedicated service and say: Requisitions “Thank You For a Job Well Done!” Requisitions in Form 56 are required for the entry of all Orders that have not been heard in Court, e.g. Consent Orders, Consent Dismissal Orders and Desk Orders. Note: Any Requistion that is filed in Trial Division, must be either “By Consent” or “To Be Served”. Time Limitations In order to meet your needs better, please try to avoid ambiguous terms such as “Rush”, “Urgent” or “ASAP”. If your documents are time-sensitive and must be filed or returned to you by a specific time, please indicate this on our invoice.

Shelley Porter Pamela Hunken West Coast General Manager Assistant Land Manager UPDA TE 30 years - February 18, 2008 Pre-Printed Invoices West Coast would be pleased to provide you with pre-printed invoices if this would better suit your needs. On pre-printed invoices, we imprint the firm name, telephone number, fax number and account number.

Our Accounting department in the New Westminster office handles all requests for pre-printed invoices. If you would like to receive pre-printed invoices, or if you need more invoices, please e-mail your request to [email protected]. You may also contact our Accounting department Shelley Porter Valerie Moss Wayne Crookes at 604.659.8615 or toll free at General Manager N.West Court Supervisor Owner/President 1.800.553.1936 to request invoices. 20 years - January 13, 2008 There is no fee for pre-printed invoices.

Page 5 April 2008 The Register

Asked & Answered ~ A Court Question

Question: What must I file to initiate Divorce Proceedings? Answer: In addition to the Writ of Summons and Statement of Claim, the following documents must also be submitted: • Registration of Divorce Proceeding form • Original marriage certificate or the registration of marriage document that is produced by the recognized governing body of the issuing country. In Canada, the marriage certificate must be issued by the Vital Statistics Branch. A certificate issued by a Church, even if it is original, is not acceptable. • If the original marriage certificate or registration of marriage document is produced in a foreign language, then you must submit an Affidavit of Translation with the original marriage document and the original translation into English attached as exhibits. “You asked . . . We answered.”

Keeping you Informed E-Mail Service The Below is a list of memorandums and Register updates that we have sent out since our [email protected] last newsletter. For additional copies, The Register is the newsletter of please call our Client Services West Coast Title Search Ltd. It is department at 604.659.8610 or toll free In addition to sending work requests available free of charge and we en- at 1.800.553.1936. You may also view and replacement pages via our run courage you to use the information these on our website at www.wcts.com system or by fax, these may be sent to assist you with your work. under the Registry News & Updates link via e-mail to [email protected]. These West Coast Title Search Ltd. or e-mail your request to [email protected]. requests will be received in our New Westminster office and Website: www.wcts.com CORPORATE/MHR/PPR forwarded to the department where E-Mail: [email protected] • None issued your work will be processed. COURT 99 Sixth Street When sending replacement pages for • January 7, 2008 New Westminster, BC V3L 5H8 a registration file, please send them to Requirements for Requisitions 604.659.8600 Fax 604.525.2593 us as an attachment to the e-mail, rather Toll Free: 1.800.553.1936 LAND than as part of the body of the • March 3, 2008 message. 840 Howe Street - Suite 100 Land Title Fees to Increase Vancouver, BC V6Z 2L2 We are most familiar with Wo rd or 604.659.8700 Fax 604.682.5793 WordPerfect and therefore prefer them Newsletters and Toll Free: 1.800.806.2788 to Excel or PDF. We can usually work Updates by E-Mail with, modify and print any type of 754 Broughton Street - Suite 100 document if necessary, but we cannot Victoria, BC V8W 1E1 make any changes to PDF documents We have had a very positive response 250.405.6000 Fax 250.383.1614 if there are further amendments to be to our environmental invitation to Toll Free: 1.800.667.7767 “Help Us Go Green”. made.

We will always e-mail confirmation, If you would like to receive our Caution - While every effort has been made to newsletters and updates faster, and at generally within five minutes, so that you will know your request has been verify the accuracy of this newsletter, neither the same time help the environment, West Coast Title Search Ltd. nor the authors received. If you do not receive please contact our Client Services are providing legal or other professional advice department at 604.659.8610 or confirmation from us within 15 through this publication, and it should never be toll free at 1.800.553.1936 or via minutes, please contact Marian Bragg relied upon without reference to the relevant e-mail at [email protected] and ask to be or Linda Gomez at 604.659.8600 or legislation, case law, administrative guidelines added to our e-mail list. toll free at 1.800.553.1936. and other primary sources. Page 6 “Your comments & suggestions are encouraged & appreciated” NOW IS THE TIME TO MAKE YOUR VOICE HEARD

Land Title and Survey Authority of British Columbia P.0. Box 9390 Victoria, BC, V8W 9M8

¾ Godfrey Archbold President and Chief Executive Officer E-mail: [email protected]

c.c. Hon. , Q.C. Attorney General of British Columbia E-mail: [email protected]

The Law Society of British Columbia 8th Floor, 845 Cambie Street Vancouver, B.C., V6B 4Z9

¾ John J. L. Hunter, Q.C. President E-mail: [email protected]

c.c. Timothy E. McGee Chief Executive Officer and Executive Director E-mail: [email protected]

c.c. Hon. Wally Oppal, Q.C. Attorney General of British Columbia E-mail: [email protected]

The Canadian Bar Association (BC Branch) 10th Floor, 845 Cambie Street Vancouver, BC, V6B 5T3

¾ F. Kenneth Walton President, CBA, BC Branch E-mail: [email protected]

¾ Peter M.Tolensky Section Chair, Real Property E-mail: [email protected]

c.c. Hon. Wally Oppal, Q.C. Attorney General of British Columbia E-mail: [email protected]

Province of British Columbia ¾ Premier and MLA e-mail list on reverse YOU STILL HAVE TIME TO INFLUENCE THIS CRITICAL DECISION

BURNABY Edmonds Raj Chouhan [email protected] North Richard T. Lee [email protected] Willingdon John Nuraney [email protected]

BURQUITLAM Harry Bloy [email protected]

DELTA North Guy Gentner [email protected] South Val Roddick [email protected]

LANGLEY [email protected]

MAPLE RIDGE-PITT MEADOWS Michael Sather [email protected]

NEW WESTMINSTER Chuck Puchmayr [email protected]

PORT MOODY-WESTWOOD [email protected]

RICHMOND Centre Hon. [email protected] East Hon. [email protected]

SURREY Cloverdale Hon. [email protected] Green Timbers Sue Hammell [email protected] Newton Harry Bains [email protected] Panorama Ridge Jagrup Brar [email protected] Whalley Bruce Ralston [email protected] White Rock Hon. Gordon Hogg [email protected]

VANCOUVER Burrard Lorne Mayencourt [email protected] Fairview Gregor Robertson [email protected] Fraserview Hon. Wally Oppal, Q.C. [email protected] Hastings Shane Simpson [email protected] Kensington David Chudnovsky [email protected] Kingsway Adrian Dix [email protected] Langara Hon. [email protected] Mount Pleasant Jenny Kwan [email protected] Point Grey Hon. [email protected] Quilchena Hon. [email protected]

VANCOUVER (NORTH) Lonsdale [email protected] Seymour Daniel Jarvis [email protected]

VANCOUVER (WEST) Capilano [email protected] Garibaldi Joan McIntyre [email protected]

For a complete list of BC MLAs, please go to www.leg.bc.ca/mla/3-1-1.htm