Key Points for Approving Officers Regarding Electronic Filing

Transcription

1 Key Pints fr Apprving Officers Regarding Electrnic Filing The Land Title Act allws a subdivisin plan t be prepared and submitted t the Land Title Office electrnically. T assist Apprving Officers (AO) with understanding electrnic plans, the Land Title and Survey Authrity f BC has cmpiled the fllwing list f key pints: Requirements fr final submissins t the AO set ut in a tentative subdivisin apprval (PLA) shuld include ptins fr mylar and electrnic plans s that applicants are clear n the AO s requirements fr bth acceptable frmats. The AO can require returns fr apprval purpses in any frmat that meets their needs. This may include hardcpy, electrnic r bth. The land surveyr is currently entitled t prepare subdivisin plans n mylar r electrnically fr filing in the Land Title Office. It is nted that all electrnic dcuments are prepared in PDF frmat. There are key differences between a mylar plan and an electrnic plan. With electrnic plans: Infrmatin cannt be added t the plan by ther parties. Only the land surveyr can mdify the plan image. Plan numbers are pre-assigned t land surveyrs. There are n signatures n the face f the plan. The plan image is lcked within the Certificatin Frm. The land surveyr signs the plan by applying their electrnic signature t the Certificatin Frm. All ther cnsents and apprvals are demnstrated by signing a hardcpy f the Applicatin Frm. The Certificatin Frm and the Applicatin Frm are related by the Plan Number and a unique Cntrl Number. When a plan is prepared fr electrnic filing, the AO shuld expect t be prvided with the subdivisin plan, which is affixed t the Certificatin Frm that has been electrnically signed by a BC land surveyr, and an Applicatin Frm. The electrnic signature f the land surveyr indicates that the survey has been cmpleted accrding t the required survey standards and that the plan has been checked and determined t be cmplete and accurate by the land surveyr. Once signed, the Certificatin Frm will be imprinted with a cmputer generated Cntrl Number. If the plan is changed, a new cntrl number is created. The Applicatin Frm will be prvided t the AO withut an electrnic signature since that signature can nly ccur after all apprvals and cnsents have been btained.

2 A cmplete Applicatin Frm will set ut standard infrmatin such as the name f the applicant, the type f plan, the Plan Number, the Cntrl Number and the land wners and will have signatures blcks fr each cnsent and apprval required. The Plan Number and Cntrl Number n the Certificatin Frm must be identical t the Plan Number and Cntrl Number n the Applicatin Frm. If there are Sectin 219 Land Title Act cvenants required as a cnditin f subdivisin, the AO shuld find the apprpriate statements n the plan image, n the Applicatin Frm near the land wner s signature blck and within Frm D (signature page) f the cvenant dcument. By signing the Applicatin Frm the land wners are agreeing t register the cvenants listed cncurrently with the subdivisin plan. By signing the Frm D the AO is cnfirming that the cvenant (s) is the ne required fr the subdivisin. If, as an AO, yu feel that it is necessary t see the signatures f ther parties befre yu grant yur apprval f the subdivisin, yu may request that the applicant prvide yu with cpies f the pages f the Applicatin Frm signed by ther parties as a cnditin f yur apprval. Unlike a mylar plan, cnsents and apprvals fr an electrnic plan can be gathered in cunterpart (n separate pages). During their review f the package submitted fr final apprval f the subdivisin, the AO shuld cnfirm that the Plan Number and Cntrl Number are the same n the Certificatin Frm and the Applicatin Frm. Sme AOs want t see their file number n the plan t allw better crss-referencing. When apprval f a plan is required, the land surveyr will put This plan lies within the jurisdictin f the apprving fficer fr n the plan and, if requested in advance, the land surveyr can add the AO s file number under this statement prir t signing the plan. When the subdivisin is ready fr apprval, the AO shall print the page(s) that require their signature if the applicatin has been prvided electrnically r islate the paper cpy f the relevant page(s) prvided by the applicant and: Enter the date f apprval, Physically sign where indicated, Legibly write yur name, The agency yu represent, and If desired, yur file number. There will be spaces available n the Applicatin Frm fr this infrmatin alng with prmpts t make it clear what is required and where the infrmatin shuld be placed. The persn that has prepared the Applicatin Frm befre sending it t yu may have cmpleted sme f this infrmatin in advance. If this is the case, review the infrmatin prvided. If any changes are required, crss ut the incrrect infrmatin and prvide the crrect infrmatin. Page 2

3 Return the signed hardcpy page(s) t the applicant. The Land Title Act prvides fr these signature pages t be returned by scanning and ing r by faxing if that is the preferred delivery methd fr the applicant. Applicants may request that they be prvided with riginal signatures. Once all cnsents and apprvals have been cllected, the applicant will true up the riginal Applicatin Frm (the PDF) t accurately and cmpletely represent all the infrmatin prvided by the signatries with the exceptin f their actual signature. Fr example, the riginal Applicatin Frm (the PDF) will be updated t remve the blanks and prmpts and t shw the date f apprval, the name and jurisdictin f the apprving fficer and the AO s file number if prvided. Once the Applicatin Frm is trued up, the Certificatin Frm and affixed plan, the Applicatin Frm and all executed signature pages will be prvided t a Subscriber. The Subscriber will apply their electrnic signature t the Applicatin Frm and the plan and applicatin will be ready t submit t the Land Title Office. In due curse, the AO will receive a filed cpy f the plan frm the Land Title Office. T cnfirm that the plan that was filed is the same as the plan that was apprved, the AO can cmpare the Cntrl Number n the Certificatin Frm f the filed plan t their cpy f the plan frm their recrds at the time f apprval. If the Cntrl Numbers are the same, the plan has nt been altered. If the Cntrl Numbers differ, lk t the bttm f the Certificatin Frm t see if the Plan Alteratin sectin has been cmpleted by the land surveyr. In sme cases nn-material changes are required during the filing prcess and in thse cases a list f the changes made t the plan will be prvided. If yu find the Cntrl Numbers differ frm what yu have apprved and yu are nt satisfied with the explanatin f the changes shwn n the Certificatin Frm, we recmmend that yu cntact the land surveyr that signed the plan and discuss the matter. Page 3

4 Summary The AO can require supprting material in any frmat when the subdivisin plan is presented fr final apprval (signature). It is gd practice t specify what returns are required in the tentative apprval (PLA) dcument. Check that the Plan Number and Cntrl Number are the same n the Certificatin Frm and the Applicatin Frm. This ensures yu are apprving the versin f the plan that will be submitted t the Land Title Office. Ensure that yu are satisfied with all 3 statements regarding Sectin 219 cvenants, if applicable (n the plan, n the applicatin and n the cvenant dcument). Physically sign a hard cpy f the page(s) f the Applicatin Frm that are applicable t yu. Return the signed page(s) t the applicant in hard cpy and/r by fax r . Cnfirm that the plan filed in the LTO has the cntrl number that yu expect. Page 4

5 Tentative Apprvals (PLAs) shuld include: Requirements fr bth mylar and electrnic plans. (As the LTO mves tward required electrnic filing, mylars will n lnger be accepted and therefre the Tentative Apprval requirements shuld be mdified accrdingly). A request fr the AO file number t be shwn n the plan if s desired. Clarificatin n the cntent f the Final Apprval package. Fr example: Are full size paper prints f the plan required and if s hw many? Are the Certificatin Frm and the Applicatin Frm t be submitted electrnically? If s what address shuld they be sent t? If Sectin 219 cvenants are required, shuld the apprpriate statements be placed n the plan, applicatin and cvenant dcument and/r is an undertaking fr cncurrent Land Title Office submissin f the subdivisin plan and cvenant dcuments required? Page 5