Bill 37 – 2018: Land Statutes Amendment Act, 2018

HONOURABLE DOUG DONALDSON
MINISTER OF FORESTS, LANDS, NATURAL RESOURCE
OPERATIONS AND RURAL DEVELOPMENT

BILL 37 – 2018

LAND STATUTES AMENDMENT ACT, 2018

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Boundary Act, section 2.1] allows certain adjustments to the boundary between British Columbia and Alberta to be authorized without a referendum.

1 The Boundary Act, R.S.B.C. 1996, c. 32, is amended by adding the following section:

Application of Constitutional Amendment Approval Act

2.1 The Constitutional Amendment Approval Act does not apply in relation to a resolution under section 43 of the Constitution Act, 1982 that authorizes an alteration to the boundary between British Columbia and Alberta if

(a) the alteration is for the purpose of substituting a conventional boundary line for a sinuous boundary line, and

SECTION 2: [Land Act, section 50] authorizes dispositions of Crown land for the purpose of adding to treaty lands to be made on terms different from the default terms in section 50 of the Act.

(a) in subsection (2) by striking out "(3) and (3.1)" and substituting "(3), (3.1) and (3.2)",

(3.2) If a final agreement of a treaty first nation provides for the addition to the treaty lands of the treaty first nation, a disposition of Crown land for the purpose of adding to those treaty lands may be made on terms different from those referred to in subsection (1), and in that case the disposition must refer to the final agreement and state the terms on which the disposition is made. , and

SECTION 3: [Land Act, heading to Division 1 of Part 7.2] amends a heading.

3 The heading to Division 1 of Part 7.2 is repealed and the following substituted:

SECTION 4: [Land Act, section 93.9] authorizes the Surveyor General to recognize additional e-signature technologies.

SECTION 5: [Land Act, heading to Division 2 of Part 7.2] adds a heading.

SECTION 6: [Land Act, section 93.93] is consequential to the amendment by this Bill of section 93.9 of the Act.

(b) in subsection (3) by striking out "a subscriber incorporates his or her electronic signature into" and substituting "a British Columbia land surveyor electronically signs",

(c) in subsection (4) by striking out "a subscriber" and substituting "a British Columbia land surveyor" and by striking out "the subscriber" wherever it appears and substituting "the land surveyor", and

SECTION 7: [Land Act, section 93.941] is consequential to the amendment by this Bill of section 93.9 of the Act.

(a) in subsection (1) (b) by striking out "if the Surveyor General is a subscriber,",

(b) in subsection (3) by striking out "incorporates his or her electronic signature into" and substituting "electronically signs", and

SECTION 8: [Land Act, heading to Division 3 of Part 7.2] amends a heading.

SECTION 9: [Land Act, heading to Division 4 of Part 7.2] adds a heading.

SECTION 10: [Land Act, section 93.991]

applies the default penalty under section 4 of the Offence Act to e-filing offences;
clarifies and expands e-filing offences.

(1.1) Despite section 68 of this Act, section 4 of the Offence Act applies in relation to an offence under this section. , and

(2) A person commits an offence if the person wilfully makes a false certification under any of the following provisions:

(a) signs an electronic plan using an electronic signature of another person, or

(b) permits an electronic signature of the person to be used by another person to sign an electronic plan.

SECTION 11: [Land Title Act, section 1]

provides for electronic true copies;
makes an amendment consequential to the replacement by this Bill of Part 10.1 of the Act.

11 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended in the definition of "true copy" by repealing paragraph (b) and substituting the following:

(ii) a legible paper copy of the document containing every material provision and particular contained in the original.

SECTION 12: [Land Title Act, section 13] removes statutory qualifications for deputy registrars.

SECTION 13: [Land Title Act, section 41] is consequential to the replacement by this Bill of Part 10.1 of the Act.

13 Section 41 is amended in the definition of "instrument" by striking out "a true copy of an electronic instrument as defined in section 168.1" and substituting "an execution copy, as defined in section 168.1, of an electronic instrument".

SECTION 14: [Land Title Act, section 69] expands the Surveyor General's power to allow block outline surveys.

(1) Before a survey is made, the Surveyor General, subject to conditions the Surveyor General considers necessary, may allow the survey to be posted by setting, at proper intervals, monuments of a specified permanent character.

SECTION 15: [Land Title Act, section 110] removes an unnecessary provision.

SECTION 16: [Land Title Act, section 115] removes unnecessary wording.

16 Section 115 (6) is amended by striking out "prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and".

SECTION 17: [Land Title Act, section 157] is consequential to the replacement by this Bill of Part 10.1 of the Act.

(a) by striking out "he or she or, as the case may be, the person on whose behalf the application is made," and substituting "the applicant", and

SECTION 18: [Land Title Act, Part 10.1] modernizes the e-filing scheme.

Definitions

"designate", in relation to a document, means an individual designated under section 168.4 as authorized to certify the document under Division 4;

"document" means an instrument or other document that is required or permitted by this Act, another enactment or an e-filing direction to be registered, filed, lodged or deposited in the land title office;

"execution copy", in relation to an electronic document, means a legible paper copy of the document, containing every material provision and particular contained in the original, that is prepared for the purposes of certification under

"supporting document" means a document that is required or permitted by this Act, another enactment or an e-filing direction to be registered, filed, lodged or deposited in the land title office with an application.

Application of other provisions of Act

168.11 (1) The following provisions do not apply in relation to a document that is submitted electronically:

(ii) section 166 (2) [return of instrument if application refused or withdrawn];

(ii) section 144 (2) (b) [copies accompanying air space plan tendered for deposit],

(iv) section 245 (e) [copies accompanying strata plan tendered for deposit] of the Strata Property Act.

(2) Section 148 (3) and (4) applies in relation to a person referred to in section 168.2 (1) (a), (b) or (c).

Electronic filing

168.2 (1) A document may be submitted electronically, in accordance with an applicable e-filing direction, by

(2) If an e-filing direction under section 168.22 (1) (b) applies in relation to a document, a person may not submit the document other than electronically unless a registrar decides that it is appropriate in the circumstances to accept the document.

(3) The electronic submission of an application constitutes a statement by the person who submits the application of the following:

(b) in the case of an application to cancel the registration of a charge, that the applicant

Effect of electronic filing

168.21 Despite any enactment or rule of law to the contrary, a document that is submitted electronically in accordance with section 168.2 (1) and, if applicable, the requirement under section 168.3 (2) (a) [plans – preparation by land surveyor] is conclusively deemed to be

(d) if certified by a designate in accordance with Division 4, signed in writing by the persons named as signatories on the certified document.

Directions on electronic filing

(2) An e-filing direction may include any directions that the director considers necessary or advisable respecting electronic submission of a document, including, without limitation, directions as follows:

(a) respecting the format, contents and preparation of the document and any supporting documents;

(3) An e-filing direction may specify that the submission of a document con-stitutes signature by the applicant if

Plans – preparation by land surveyor

168.3 (1) A plan that is submitted electronically must be signed electronically by a British Columbia land surveyor.

(2) If the applicable e-filing direction requires a plan that is submitted electronically to contain a serial deposit number,

(a) the plan must contain a serial deposit number incorporated into the plan in accordance with that direction, and

(b) the incorporation of the serial deposit number into the plan in accordance with that direction satisfies the requirement under any Act that a serial deposit number be assigned to the plan.

(3) The electronic signature of a British Columbia land surveyor on a plan is a certification by the land surveyor that the information in each notation, endorsement, statement or certification made by that land surveyor and set out on the plan is correct.

Plans – signature of other persons

168.31 (1) In this section, "endorsement" includes an annotation, approval, certification or statement.

(2) A requirement in this Act or another enactment that a plan be signed or endorsed by a person other than a British Columbia land surveyor is satisfied if

(b) the plan application contains the required endorsement, if any, above the name of the person, and

(3) A requirement in this Act or another enactment that a signature or endorsement on a plan be witnessed is satisfied if

(b) the electronic signature required under subsection (2) (c) is witnessed, and the witness electronically signs the plan application, in accordance with the requirements, and

Charges – cancellation by corporate registered owner

168.32 (1) In this section, "corporation" has the same meaning as in Part 5.

(2) Section 42 (1) [execution to be witnessed] does not apply to an instrument that cancels the registration of a charge if

(ii) certifies on the instrument the matters set out in section 44 (1) (a) (i) to (iii).

Supporting documents

168.33 (1) A requirement in this Act or another enactment to register, file, lodge or deposit a supporting document is satisfied in relation to an application that is submitted electronically if

(b) the applicable e-filing direction provides that this section applies in relation to the supporting document,

(ii) a copy, prepared in accordance with the applicable e-filing direction, of the supporting document;

(iii) any information and authorizations required by the applicable e-filing direction for the purpose of allowing the registrar to verify the copy referred to in subparagraph (ii), and

(2) The electronic signature of an applicant on an application referred to in subsection (1) is a certification by the applicant that the supporting document described in the application, or a true copy of that supporting document if the applicable e-filing direction allows, is in the possession of the applicant.

Designates

168.4 (1) The director may designate classes of individuals as authorized to certify documents under this Division.

(2) A designation under subsection (1) may be restricted to one or more classes of documents or interests.

Documents executed or witnessed

that a document other than a plan be executed in a particular manner or witnessed is satisfied if the document is certified under this section by a designate and submitted electronically.

(a) includes a statement that the document is certified under this section by the designate, and

(4) The electronic signature of a designate on a document described in subsection (3) is a certification by the designate that

(a) an execution copy of the document has been executed and witnessed in writing if and as required, and

(b) the execution copy referred to in paragraph (a), or a true copy of that execution copy, is in the possession of the designate.

(5) For the purpose of subsection (4) (a), a designate is entitled to presume, unless the designate knows otherwise, that

(a) the signatures on the execution copy are those of the signatories named on the execution copy, and

(ii) as a witness of a signature meets any requirements to serve as a witness of the signature.

(6) A document that is certified under this section is conclusively deemed to have been executed on the date recorded as the execution date on the document, regardless of the date on which the designate electronically signed the document.

Plans

168.42 (1) In this section, "endorsement" includes an annotation, approval, certification or statement.

(2) A requirement in this Act or another enactment that a plan be signed or endorsed by a person other than a British Columbia land surveyor or that a signature or endorsement on a plan be witnessed is satisfied if

(ii) the information about the witness that is required to be stated on the plan, and

(3) A plan application is certified under this section by a designate if the plan application

(a) includes a statement that the plan application is certified under this section by the designate, and

(4) The electronic signature of a designate on a plan application described in subsection (3) is a certification by the designate that

(a) an execution copy of the plan application has been signed, endorsed and witnessed in writing if and as required, and

(b) the execution copy referred to in paragraph (a), or a true copy of that execution copy, is in the possession of the designate.

(5) For the purpose of subsection (4) (a), a designate is entitled to presume, unless the designate knows otherwise, that

(a) the signatures on the execution copy are those of the signatories named on the execution copy, and

(b) a person named on the execution copy as a witness of a signature meets any requirements to serve as a witness of the signature.

Supporting documents

168.43 (1) A requirement in this Act or another enactment to register, file, lodge or deposit a supporting document is satisfied in relation to an application if

(b) the applicable e-filing direction provides that this section applies in relation to the supporting document,

(ii) a copy, prepared in accordance with the applicable e-filing direction, of the supporting document, and

(2) An application is certified under this section by a designate if the application

(a) includes a statement that the application is certified under this section by the designate, and

(3) The electronic signature of a designate on an application referred to in subsection (2) is a certification by the designate that the supporting document described in the application, or a true copy of that supporting document if the applicable e-filing direction allows, is in the possession of the designate.

Original document

168.5 A document, other than a supporting document, that is submitted electronically is conclusively deemed to be the original document.

Copies of electronic documents

168.51 If there is a difference between a copy obtained under section 38 (4) from a document that was submitted electronically and a copy of the document obtained from another source, the former prevails, whether or not the latter contains an original signature.

Admissibility of execution copies

168.52 Except to the extent necessary to prove the authenticity of a signature or other writing, mark or impression, an execution copy that contains an original signature or other writing, mark or impression is not admissible in court for any purpose.

Delivery in registrable form

168.53 In the case of an instrument that may be submitted electronically, the delivery by the transferor to the transferee, or to the solicitor or agent of the transferee, of either of the following satisfies the transferor's obligations under the Property Law Act or any other rule of law to deliver the instrument in registrable form:

(a) an execution copy that has been executed and witnessed in accordance with Part 5 of this Act;

Deeds

168.54 If an instrument that may be submitted electronically contains a statement that the transferor intends the instrument to take effect as a deed, the instrument takes effect as a deed.

Corrective declarations

168.55 (1) A person referred to in section 168.2 (1) (a) or (b) may, in accordance with an applicable e-filing direction, electronically submit a declaration bringing to the attention of the registrar an error, omission or misdescription in a document that the person, or another person on behalf of the person, has submitted electronically.

(2) A declaration under subsection (1) must be signed electronically by the person who submits it.

(3) The electronic signature of a person on a declaration under subsection (1) is a certification by the person that, based on the personal knowledge or reasonable belief of the person, the declaration sets out the material facts accurately.

Amendments to electronic plans

168.56 The registrar may exercise a power under this Act or another enactment to amend, alter, correct or cancel an electronic plan if the registrar

(b) if the plan is changed as a result of the exercise of the power, replaces, in the manner directed by the director, the original plan in the records of the land title office with a plan that depicts the changes.

Production of evidence

168.57 The registrar may, before registering, filing, lodging or depositing a document that is submitted electronically, require the applicant to produce documents or other evidence as follows:

(a) in the case of an application certified under section 168.32 (2) (d) (ii) [charges – cancellation by corporate registered owner], the registrar may require production of evidence, satisfactory to the registrar, to verify the matters certified;

(b) in the case of a document certified under section 168.41 [documents executed or witnessed], the registrar may require production of one or both of the following:

(i) the execution copy referred to in section 168.41 (4) (a), which requirement may be met by producing that execution copy or a true copy of that execution copy;

(ii) evidence, satisfactory to the registrar, to verify that the execution copy referred to in section 168.41 (4) (a) was executed and witnessed if and as required;

(c) in the case of an application certified under section 168.42 [plans], the registrar may require production of one or both of the following:

(i) the execution copy referred to in section 168.42 (4) (a), which requirement may be met by producing that execution copy or a true copy of that execution copy;

(ii) evidence, satisfactory to the registrar, to verify that the execution copy referred to in section 168.42 (4) (a) was signed, endorsed and witnessed if and as required;

(d) in the case of an application certified under section 168.33 or 168.43 [supporting documents], the registrar may require production of the supporting document described in the application, which requirement may be met by producing that supporting document or, if the applicable e-filing direction allows, a true copy of that supporting document.

Disposal of electronic documents

168.58 The registrar may delete from the records a document that is submitted electronically if the application relating to the document is

(a) void as a result of the registrar's refusal to register, file, lodge or deposit the document, or

Definitions

"certificate" means a computer-based record created by a certification authority and issued to a subscriber for the purposes of permitting the subscriber to sign one or more classes of electronic documents;

"certification authority" means a certification authority recognized by the director under section 168.61;

"certification practice statement" means the statement approved by the director under section 168.61;

"electronic signature" means an electronic signature that is created by a subscriber using a private cryptographic key under the control of the subscriber that corresponds to a public cryptographic key contained in a certificate;

"subscriber" means an individual who is authorized by a certificate to sign one or more classes of electronic documents.

Certification authority

168.61 For the purposes of this Act and the Property Transfer Tax Act, the director may recognize a person as a certification authority if

(a) the person has adopted and published a certification practice statement that has been approved by the director, and

(i) the person is capable of administering the certification practice statement, and

(ii) subscribers named in certificates issued by the person are required to observe and comply with the certification practice statement.

Certification practice statement

(a) the policies, practices and procedures to be used by a certification authority in

(iii) establishing and maintaining the security and validity of electronic signatures of subscribers, and

(b) other provisions that the director considers necessary, including provisions relating to the form and content of certificates and provisions to ensure

(ii) that a subscriber named in a certificate is eligible to be a subscriber under the requirements established by the director, and

(iii) the security of the electronic filing system contemplated by this Part and the Property Transfer Tax Act.

Warranties of certification authorities

168.63 (1) The issuance of a certificate by a certification authority constitutes a warranty by the certification authority of the following matters:

(a) the information contained in the certificate is, to the knowledge of the certification authority, true;

(b) the certificate was issued in accordance with the certification practice statement;

(c) the subscriber to whom the certificate was issued has agreed to observe and comply with the requirements of the certification practice statement;

(d) the subscriber named or identified in the certificate is eligible to be a subscriber under the requirements established by the director;

(e) the certification authority will act promptly to suspend or revoke a certificate in accordance with the requirements of the certification practice statement.

(2) Both the registrar and the administrator under the Property Transfer Tax Act are entitled to rely on the warranties referred to in subsection (1).

Immunity

168.64 In the absence of an unlawful or negligent act or omission by a certification authority in relation to its powers or duties under this Act, no action for damages lies or may be brought against a certification authority in respect of any loss or damage arising out of an unlawful or negligent act or omission of a subscriber under this Act or the Property Transfer Tax Act.

Offences

168.7 (1) A person commits an offence if the person wilfully makes a false certification under any of the following provisions:

(a) signs, using an electronic signature of another person, a document that may be submitted electronically under this Part, or

(b) permits an electronic signature of the person to be used by another person to sign a document that may be submitted electronically under this Part.

SECTION 19: [Land Title Act, section 265] removes a provision for the enforcement of death taxes.

(b) in paragraph (b) by striking out "affected, and" and substituting "affected.", and

SECTION 20: [Land Title Act, section 266] removes provisions for the enforcement of death taxes.

(a) in subsection (1) (a) by adding "and" after "that made or resealed the grant,",

(c) an office copy of that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected. ,

(2) If the death occurred on or after December 31, 1958, but before April 1, 1963, the applicant must comply with subsection (1) (a) and file an office copy of that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected. ,

(3) If the death occurred after March 31, 1963, but before January 1, 1972, the applicant must comply with subsection (1) (a) and file an office copy of that portion of Inventory X, Schedule A, of the Succession Duty Act, that correctly describes the land or charge affected. , and

SECTION 21: [Land Title Act, section 269] removes provisions for the enforcement of death taxes.

Transmission re joint tenancies

269 An application to register a transmission of land or a charge consequent on the death of a joint tenant must not be dealt with by the registrar unless there is filed in the land title office

(a) a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant, or

SECTION 22: [Land Title Act, section 308] is consequential to the replacement by this Bill of Part 10.1 of the Act.

(a) by striking out "including an electronic application or electronic plan application, as those terms are defined in section 168.1,", and

(b) in paragraph (a) by striking out "an electronic application or electronic plan application" and substituting "an application that is submitted electronically".

SECTION 23: [Land Title Act, section 308] expands the authority of the registrar to extend the time to correct defects.

23 Section 308 (4) is amended by striking out "may, in the registrar's discretion, on request" and substituting "may, on request or on the registrar's own initiative,".

SECTION 24: [Land Title Act, section 373.43] is consequential to the repeal by this Bill of section 110 of the Act.

SECTION 25: [Land Title Act, section 377] provides for restrictions on searches of the registry by name.

25 Section 377 (4) (c) is amended by adding "subject to the regulations," before "a name search".

SECTION 26: [Land Title Act, section 378] is consequential to the amendment by this Bill of section 377 of the Act.

26 Section 378 (1) (b) is amended by adding "or 385 (2) (u)" after "section 377 (6)".

SECTION 27: [Land Title Act, section 385] authorizes regulations to restrict searches of the registry by name.

(u) respecting the exemption of the name of a person from the application of a search under section 377 (4) (c) on the ground of safety to the person or a member of the household of the person, including, without limitation,

(ii) providing that exemptions do not apply in relation to searches that are requested by specified classes of persons.

SECTION 28: [Land Title Act, section 12 of Schedule 1] is consequential to the repeal by this Bill of section 110 of the Act.

SECTION 29: [Land Title Act, section 28 of Schedule 1] provides a more flexible process for dealing with restrictions on the alienation of treaty lands.

Certificate of transfer

28 (1) This section applies in relation to a parcel of the treaty lands of a treaty first nation if a final agreement authorizes the treaty first nation to make laws providing that its treaty lands are not to be registered in a name other than the treaty first nation without a certificate of transfer issued by the treaty first nation.

(2) The registrar may not register the indefeasible title to a parcel of the treaty lands of a treaty first nation in a name other than the treaty first nation if the registrar has notice under subsection (5) that a law described in subsection (1) applies to the parcel, unless the application is accompanied by a certificate of the treaty first nation certifying that

(a) the certificate is issued in accordance with the laws of the treaty first nation, and

(b) the person named in the certificate as transferee of the parcel is a permitted transferee under those laws.

(3) A certificate under subsection (2) must set out the date the certificate ceases to be valid and the registrar may not accept that certificate for the purposes of that subsection unless it is tendered on or before that date.

(4) A certificate under subsection (2) constitutes conclusive evidence to the registrar that the person named in the certificate is a permitted transferee of the land described in the certificate.

(5) A notice under subsection (2) identifying parcels of treaty lands to which a law described in subsection (1) applies, or no longer applies, must

(b) identify the parcels by setting out a legal description sufficient for the registrar to identify those parcels in the records, and

(6) On or before the effective date of the repeal of a law described in subsection (1) in relation to which a treaty first nation has given notice under subsection (2), the treaty first nation must give written notice to the registrar of the repeal that

(a) identifies the parcels of treaty lands to which the repeal applies by setting out a legal description sufficient for the registrar to identify those parcels in the records, and

SECTION 30: [Property Transfer Tax Act, section 1]

repeals and adds definitions consequential to the replacement by this Bill of section 13.1 of the Act;
provides for electronic true copies.

30 Section 1 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended

(a) by repealing the definitions of "electronic", "electronic signature" and "subscriber",

"execution copy", in relation to an electronic return, means a legible paper copy of the electronic return, containing every material provision and particular contained in the original, that is prepared for the purposes of certification under 13.1 (3); , and

(ii) a legible paper copy of the electronic return containing every material provision and particular contained in the original.

SECTION 31: [Property Transfer Tax Act, section 13.1] modernizes the e-filing scheme.

Electronic returns

13.1 (1) The administrator may designate classes of persons as authorized to certify electronic returns under this section.

(2) Before an electronic return is filed under section 2 (1.1) (b), the electronic return must be

(a) signed electronically by the transferee in accordance with the policies established by the administrator, or

(3) An electronic return is certified under this section by a designate if the electronic return

(a) includes a statement that the electronic return is certified under this section by the designate, and

(b) is signed electronically by the designate in accordance with the policies established by the administrator.

(4) The electronic signature by a designate of an electronic return described in subsection (3) is a certification by the designate that

(a) an execution copy of the electronic return has been certified in accordance with section 13, and

(b) the execution copy referred to in paragraph (a), or a true copy of that execution copy, is in the possession of the designate.

(5) If an electronic return that is signed electronically by the transferee is filed under section 2 (1.1) (b), the transferee must

(a) retain a true copy of the electronic return for a period established by the administrator, and

(b) produce the true copy for inspection if requested by the administrator during that period.

(6) If an electronic return that is certified under this section by a designate is filed under section 2 (1.1) (b), the transferee and the persons, if any, that are specified in the policies established by the administrator must

(a) retain the execution copy referred to in subsection (4) (a) of this section, or a true copy of that execution copy, for the period established by the administrator, and

(b) produce that execution copy or true copy for inspection if requested by the administrator during that period.

SECTION 32: [Property Transfer Tax Act, section 13.2] aligns an evidentiary rule with the similar rule in the Land Title Act for e-filed documents.

(2) A certification of the administrator under subsection (1) is conclusive evidence that the copy was made by the administrator in the usual and ordinary course of business using procedures and techniques that

(a) are capable of recording all significant details of the original electronic return, and

(b) do not permit additions to or deletions or changes from the original electronic return.

SECTION 33: [Property Transfer Tax Act, section 34.1] clarifies and expands e-filing offences.

Offences in relation to electronic returns

34.1 (1) A person commits an offence if the person wilfully makes a false certification under section 13.1 (3).

(a) signs an electronic return using an electronic signature of another person, or

(b) permits an electronic signature of the person to be used by another person to sign an electronic return.

SECTION 34: [Property Transfer Tax Act, section 37] removes unnecessary regulation- making powers.

Consequential Amendment

SECTION 35: [Strata Property Act, section 256] is consequential to the replacement by this Bill of Part 10.1 of the Land Title Act.

(a) in subsection (1) by striking out "or, in the case of an electronic application for registration, unless it is accompanied by an electronic declaration under section 168.41 of the Land Title Act", and

(1.1) If an application for registration to which subsection (1) applies is submitted electronically, the registrar must not accept the application unless the requirement under that subsection to submit a Certificate of Payment is satisfied under section 168.33 or 168.43 [supporting documents] of the Land Title Act.

(1.2) For the purposes of subsection (1.1), sections 168.33 (1) (c) (ii) and 168.43 (1) (c) (ii) of the Land Title Act do not apply in relation to the Certificate of Payment.

Validation Provision

SECTION 36: [Validation – extension of time to correct defects or appeal] validates extensions granted without request.

Validation – extension of time to correct defects or appeal

36 (1) An extension of time under section 308 (4) of the Land Title Act that would have been validly given had that section, as amended by this Act, been in force when the extension was given is conclusively deemed to have been validly given.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Commencement

37 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:

Explanatory Notes