At the Land Title and Survey Authority of BC (LTSA), there are key statutory roles that play a critical part in managing land and property matters. The Surveyor General, the Registrar of Land Titles and the Director of Land Titles ensure accurate property boundaries, uphold the integrity of the land registration system, and apply legislation related to the land title and survey systems of BC. A fourth statutory role administers the Land Owner Transparency Registry, a publicly searchable registry of individuals who have indirect beneficial interests in land in BC, held through corporations, trusts and partnerships.
Statutory roles are unique in that that they are positions created under legislation. These roles have defined responsibilities and duties that ensure the effective implementation of laws and policies within their areas of responsibility. While they hold significant decision-making powers, their authority is specific to the legislation under which they operate. Statutory officials do not create legislation; the responsibility for making laws rests with the elected Legislative Assembly of BC.
The Surveyor General (SG) is responsible for ensuring the continued high quality and integrity of the province’s cadastral (legal) survey system which underpins land transactions, public planning and effective land governance. The SG provides leadership in setting policy, advising on and approving survey and plan rules, and providing survey advice to government and the land surveying profession. Operationally, the SG reviews survey plans of Crown lands, issues Crown grants and adjudicates various statutory applications.
The SG plays a role in maintaining public confidence in the land title system by ensuring that the ‘on-the-ground’ extent of parcels of land and interests in land are delineated in high-quality surveys represented on registered survey plans. For instance, the SG is responsible for adjudicating applications related to natural boundaries, which may shift over time due to processes like erosion or accretion. Before a new survey plan can be registered showing the current natural boundary location, land surveyors must obtain the SG’s approval, demonstrating that the boundary has been correctly determined based on evidence, statutory requirements and common law principles.
The SG’s authority is defined by a number of different statutes, including the Land Act, Land Survey Act, Land Surveyors Act, Land Title Act and others. While the SG has authority to make decisions within this legal framework, they do not have the power to create new laws. Their role is primarily focused on the accuracy and utility of legal surveys.
The Registrar of Land Titles is the statutory decision maker for title-related items and is responsible for the examination and registration of interests in privately held land in British Columbia. Largely governed by the Land Title Act, the role of Registrar is critical in ensuring that the land title register remains accurate and publicly accessible. The Registrar fulfills a quasi-judicial role and makes authoritative registration decisions, relying on land title records and current law, practices and procedures. Applicants who disagree with a decision of the Registrar may appeal their decision to the Supreme Court of BC. The courts are also the appropriate forum for disputes between parties with competing interests, where they are referencing facts and documents not found in land title records. As with the Surveyor General, the Registrar does not have authority over land use, zoning, or development policies, which are the domain of municipal and provincial governments.
The Director of Land Titles is tasked with ensuring BC’s land title system functions properly. The Director is responsible for leading the development and implementation of standards by which the land title program operates. This involves creating robust land title policy and directions for the Registrar and users of the land title system. The Director also fulfills an oversight role by leading a quality assurance program to ensure information maintained in the land title register is accurate, and land title services and operations are executed efficiently and follow best practices. The Director supports the LTSA’s objective of delivering professional, consistent, and responsive services to meet customer needs. Policy changes introduced by the Director can include items like adopting new technologies or revising procedural requirements.
The Director also consults with stakeholders and the provincial government on issues related to the land title system, providing advice and guidance for the development of new legislation or other system improvements. While the Director provides valuable expertise, they generally do not have a direct role in public policy outside the land title and survey context. Policy decisions related to housing, land development, or broader land-use planning are made by other government bodies and officials.
The Administrator of the Land Owner Transparency Registry (LOTR) is a statutory role for BC’s registry of information about individuals who have an indirect beneficial interest in land held through corporations, trusts and partnerships. The Administrator is responsible for the general administration of the registry in accordance with the Land Owner Transparency Act, which includes establishing the form and manner of filing and submitting transparency records, reviewing and decision-making of applications, maintaining the registry, making certain information available to the public and specific enforcement/regulatory agencies, and providing information and guidance on the administration of the Act. The Administrator does not have any compliance or enforcement responsibilities and receives policy direction from the Minister of Finance.
LTSA’s statutory roles carry significant responsibilities in ensuring the integrity of the land title and survey system and property transactions in BC. These roles operate within their respective legislative boundaries, ensuring that their decision-making aligns with established laws and that any disputes or broader policy decisions are addressed within the appropriate legal and governmental frameworks.