Approving Officer s Workshop Stretching the Boundaries The LTSA Mandate Registrar s Responsibilities Land Surveyor s Role Tim Jowett, Deputy Registrar, New Westminster Land Title Office Mike Thomson, Surveyor General May 17, 2011 Penticton
Purpose of this Seminar To explore the question: An Approving Officer is presented with development concept s by an applicant that are new to the Approving Officer. How could you proceed? We will: Review the mandate of the Land Title and Survey Authority; Review the legislative mandate of the Registrar Discuss the role of the land surveyor in ensuring the plan is acceptable Consider examples of new forms of development 2011 Land Title and Survey Authority 2
LTSA Background Created in the fall 2004 via legislation. Started operation January 2005. Statutory corporation responsible for operating British Columbia s land title and land survey systems of BC. Provide foundation for all real property business and ownership. Flexibility to respond quickly. Accountable to the people. LTSA 11 Member Board of Directors responsibilities established in legislation provide strategic direction and ensure Authority meets accountability requirements. Victoria, Kamloops and New Westminster tours available 3
Governance 11 member Board of Directors Province (2) Land Surveyors (2) Law Society (2) Notaries First Nations Summit UBCM Victoria Kuhl BC Real Estate Association BC Registry Agents Formal interaction with customer through Stakeholder Advisory Committee: Land Surveyors Law Society Province BC Registry Agents First Nations Summit Central 1 Credit Union Canadian Bar Association Notaries Canadian Bankers Assoc. BC Historical Federation BC Real Estate Association BC Assessment Authority UBCM Jeff Mitton Provide advice on Authority s mandate, activities, policies, programs, services and customer service improvements. Valued forum for ensuring the Authority is adding value to the customer s experience. 4
Strategic Direction Our Mission To deliver responsive and trusted expertise and reliable land title and surveys systems which are essential to BC s economic and social foundation. Our Vision Be leaders in providing exceptional service and innovative solutions in the preservation of BC s land title and survey services. Our Values: Accountability: We are accountable and responsive to customers and stakeholders. Integrity: We act with the highest standards of integrity. Respect: We treat each other and our customers and stakeholders with respect. Improvement: We will continuously develop our business, knowledge and skill. 5
Business Modernization BTI Mission By 2012, the LTSA will transform service delivery so it is sustainable, providing customers with consistency and reliability of information enabled by modern technology, integrated processes and expert staff. Electronic Filing System and Electronic Survey Plans are foundational pieces of sustainability of LTSA 6
Business Reasons Why BTI is Critical for the LTSA We need to improve business operations and technology to be more responsive to customer and stakeholder needs. We need to modernize the workplace current business processes are highly manual, repetitive, people intensive, time consuming, and inconsistent in their delivery. We need to position the LTSA to better respond to anticipated retirements, in particular in the Examiner of Title ranks. We need to address the fact that time-consuming, complex submissions are becoming more common. We need to increase efficiency and productivity by taking advantage of technology. We have an aging technology environment that requires updating to meet future business needs. 7
Goals of BTI 8
Surveyor General Division Surveyor General oversees the province s land survey system. Works closely with the Association Land Surveyors in maintaining cadastral (legal) survey standards. The Surveyor General has three primary responsibilities: Integrity of BC s Cadastral Survey System Preparation of Crown Grant Documents Distribution of Survey Records 9
Surveyor General Core Functions 1. The Integrity of BC's Cadastral Survey System: The Surveyor General is responsible to ensure the continued high quality and integrity of the province s cadastral (legal) survey system. This is achieved through a number of avenues which include: The careful review of all survey plans that define Crown land. Maintenance of survey plan information in government s Crown land recording systems. Parcel designations for new surveys and cancelling survey parcels (when no longer required). Maintenance of physical survey plans, historical field notes and other survey related records. Approving new and revised Survey Rules which govern all legal surveys in the province. The provision of professional guidance to government agencies and land surveyors on land survey issues. The adjudication of boundary issues involving natural boundaries. The designation of entities able to hold statutory rights-of-way or covenants. Through his appointment as the provincial Boundary Commissioner, working with the federal government and the province of Alberta maintaining the Alberta / BC provincial boundary. Maintenance of the Integrated Survey Area program in the province. 10
Crown Grants and Records Distribution 2. The Preparation of Crown Grant Documents The Surveyor General oversees the preparation and issuance of Crown grant documents at the direction of the province. Crown grants are issued where the Province authorizes a sale or other disposition of Crown land to an individual or corporation. 3. The Distribution of Survey Records The Surveyor General oversees the maintenance and dissemination of all official survey plans for parcels surveyed out of Crown land, together with a collection of historic field books and notes compiled by land surveyors at the time certain surveys were completed. The Surveyor General s vault also houses copies of all provincial Crown grants and other historic survey records. Selected Acts referencing the Surveyor General: Land Survey Act Land Act Land Title Act Land Surveyors Act Mineral Tenure Act Land Title and Survey Authority Act 11
Land Title Division Core Functions: Ensuring the continued integrity s Torrens System for registering land titles, and interests in titles such as mortgages and other charges. Provides conclusive evidence of title, and is backed by an Assurance Fund in the unlikely event of a registration error. Offices in New Westminster, Victoria and Kamloops. 12
Business Snapshot 2010-11 Land Title registrations 1.07 million - (1.12 million in 09/10) Private Land Surveys 11,182 - (10,789 in 09/10) Electronic % - Documents 55.8% - (high 58.6% in Jan. 2011) Plans 39% - (high 48% March 2011) Crown land surveys 1,591 (2,155 in 09/10) Electronic % - 96.1% of all eligible Crown land survey plans 98.7% of all Oil and Gas Activities Act Plans Crown grants processed 192 (110 in 09/10 232 in 08/09) Surveyor General statutory applications 426 (372 in 09/10) 13
E-Filing Background LTSA has worked closely with our customers for over 10 years to improve land title and survey plan registration In 2004, we introduced EFS Many customers have voluntarily adopted* 68% of lawyers dealing most with LTOs 77% of conveyancing lawyers 84% of notaries Land Surveyors have had the highest adoption rate, and the percentage of survey plans that are electronically filed has increased significantly each year * Results from province-wide survey conducted in November/December 2010 to question lawyers and notaries about their use of e-filing. 14
Required E-Filing Requirements to file land title forms electronically for professional users of the land title and survey systems Will be introduced in phases Each phase will specify groups of similar application types that must be filed electronically using EFS Upon completion of all phases, most documents and plans will be filed electronically with a very small number filed manually in hardcopy form First phase announced on March 11, 2011 15
Background to Required E-filing In June 2010, the Land Title Act was amended with the addition of section 168.111 Section 168.111 sets out the legal framework that empowers the Director of Land Titles to require that documents be filed electronically rather than in hardcopy format Crucial for the LTSA to meet the goals of BTI and to fulfill the organization s vision 16
Phase One Announced March 11 Focus on common transactions of low complexity Land Title Forms Required To Be Electronically Filed Effective Date Posting Plans July 1, 2011 Form A Freehold Transfer of Fee Simple January 16, 2012 Form B Mortgage January 16, 2012 Form C Charge January 16, 2012 Form C Release January 16, 2012 17
What the Land Title Division Does Central function: to administer and maintain the register of titles Examination of documents submitted for registration is the quality control function The test applied in examining applications for registration is: good, safeholding and marketable title 2010 Land Title and Survey Authority 18
Defect Notice Reasons related to plan applications Statutory Rights of Way, Easements, Covenants, Restrictive Covenants and Leases on Form C s. Subdivision approvals contingent upon accompanying Section 219 Covenants. 2009 Land Title and Survey Authority 19
Electronic Plan 2009 Land Title and Survey Authority 20
Certification Form Pre-assigned Plan Number Control Number 2009 Land Title and Survey Authority 21
Application Form 2009 Land Title and Survey Authority 22
Application Form 2009 Land Title and Survey Authority 23
Approving Officer and the Land Title Act Division 2 of the Land Title Act speaks to the Subdivision of Land Division 3 of Part 7 of the Land Title Act speaks to the Appointment, Powers and Duties of Approving Officers Division 4 of Part 7 of the Land Title Act speaks to the Approval of Subdivision Plans 2011 Land Title and Survey Authority 24
EFS Support Documents User guides and publications at www.ltsa.ca/efs Electronic Form 17 Help Guide There is a link in the Electronic Form to the Help Guide Electronic Plan Application Help Guide There is a link in the Electronic Form to the Help Guide Updated EFS User Guide (April 2010) includes instructions for electronic survey plans Land Title EFS Requirements for Land Title Plans Table of Concordance details the requirements for filing electronic plans in the Land Title Office 2009 Land Title and Survey Authority 25
Additional Support Documents Land Title Forms Guidebook 2008 includes electronic document and plan instructions published by the Continuing Legal Education Society Land Title Practice Manuals (Volumes 1, 2 and 3) provides applicable legislation, practice notes, cross references to other sources of information and case law pertinent to filing applications in the Land Title Office. The legislation includes not just the Land Title Act, but also the Community Charter, Local Government Act, Land Act, Property Law Act, Strata Property Act, Taxation (Rural Area) Act, among others - published by the Continuing Legal Education Society 2009 Land Title and Survey Authority 26
Association of BC Land Surveyors Association of BC Land Surveyors (ABCLS) Professional Association created under the Land Surveyors Act Formed in 1905 as self-governing body responsible for: Setting Educational Requirements Examining for Admission to the Profession Regulating Land Surveyors to Perform Legal Surveys in BC Prior to 1905: The LS Group authorized by government prior to 1891 The PLS Group (85 land surveyors) commissioned between 1891 and 1905 2011 Land Title and Survey Authority 27
ABCLS - Membership Current Membership Approximately 340 members eligible to practice Only 886 Members since 1905 Career Awareness Program has resulted in large increase in new members in the last few years Historically a male dominated profession only 11 of 886 all time members are female first in 1999 Present Path is a degree in Survey Engineering plus Articles Many current members BCIT Graduates 2011 Land Title and Survey Authority 28
ABCLS - Governance Governance Elected Board of Management 6 Members plus Past President Appointed Secretary (Registrar Treasurer) on Board Surveyor General is (historically) Government s Rep on Board LGIC may Appoint Two Lay Members no regulations yet Office in Sidney run by Executive Director and staff of 3 Land Surveyors Act and Bylaws form regulatory platform Many Volunteer Committees Complaint Inquiry Committee Bylaw 11 and LSA 2011 Land Title and Survey Authority 29
ABCLS - Mandate Mandate Mission: The Association Land Surveyors regulates the practice of land surveying and governs its members for protection of the public interest and the integrity of the survey systems of BC. Values: We value: - our reputation, legacy, history and traditions - our independence and impartiality - our transparency and openness - our knowledge of business practices - the opinions and collective wisdom of our members 2011 Land Title and Survey Authority 30
Duty of Individual BCLS Oath I, swear / affirm that (a) I am a Canadian citizen or permanent resident of Canada, and (b) I will faithfully and without partiality perform my duties as a land surveyor and member of the Association of British Columbia Land Surveyors according to the law. Law Interpreted to Include - statute law, regulations, General Survey Instruction Rules, bylaws, etc. 2011 Land Title and Survey Authority 31
Plan Checking Plan Checking In 2002 Government announced major reduction in staff levels ABCLS & LTO formed working group to determine how to proceed Acknowledgement by parties that BCLS is to take responsibility for survey content of plan Review undertaken of all plan checking that occurred in land title offices and office of the Surveyor General Result was creation of Electronic Checklist Registry Land Surveyor on completing survey must complete an Electronic Checklist significant investment by ABCLS Land Title Office reduced checking of plans focusing on matters of title 2011 Land Title and Survey Authority 32
General Survey Instruction Rules General Survey Instruction Rules (GSIR) GSIR transferred to ABCLS in 2004 see ABCLS website for rules ABCLS created Survey Rules Committee to administer Changes may be proposed by members, the Board, the Surveyor General (SG) or Director of Land Titles (DLT) or others Consultative process includes LTSA (SG & DLT) and other affected parties Board approval required before seeking order of Surveyor General Surveyor General (SG) protects public interest by (Section 75(3)) SG may refuse to approve (veto) or order a particular rule to be implemented Public interest is paramount in decision making 2011 Land Title and Survey Authority 33
Land Surveyors Legislation Land Surveyors Legislation Land Survey Act Land Act Land Title Act Land Surveyors Act Strata Property Act Strata Property Act Regulation Community Charter Vancouver Charter Agricultural Land Commission Act Local Government Act Criminal Code of Canada Expropriation Act Riparian Areas Regulation Subdivision Plan Regulation Oil and Gas Activities Act Railway Act Property Law Act Transportation Act Mineral Tenure Act Boundary Act* 2011 Land Title and Survey Authority 34
Land Surveyors Challenges Land Surveyors Challenges Legislation and Regulation Challenges: Air Space Legislation not drafted for the modern developer Future collapse of Air Space Parcels seen as cumbersome Redevelopment of Air Space Parcels may be constrained Development (viability) of Remainders created Strata Property Act plan amendments can be very challenging SPA did not anticipate the complexities of ownership in 2011 Multiple Approval Jurisdictions (i.e. Differences between local governments) 2011 Land Title and Survey Authority 35
Examples 2011 Land Title and Survey Authority 36
Examples 2011 Land Title and Survey Authority 37
Examples 2011 Land Title and Survey Authority 38
Air Space Parcels 2011 Land Title and Survey Authority 39
Air Space Parcels 2011 Land Title and Survey Authority 40
Air Space Parcels Part 9 of the Land Title Act Originally crafted to address bridges or walkways above or below roads Registrar s have recognized that legislation is now behind the world of development Registrar still bound by the legislation Intent is that whole parcel be dealt with in one subdivision There is always a Remainder and the Approving Officer should ensure its viability Flexibility may be possible on consultation with Registrar 2011 Land Title and Survey Authority 41
Miscellaneous Encroachments onto Public Property Highway Closure and Removal Strata Title and Conversions Land title only seeks appropriate certificate and does not judge whether new construction or not 2011 Land Title and Survey Authority 42
Questions? THANK YOU Please see our website at: http://www.ltsa.ca 43