Learn about LOTR

There are two documents that you may be required to file to LOTR when you file an application for Transmission of an interest to a personal representative, Transfer of property – fee simple, or Transmission to surviving joint tenant – fee simple. These are a transparency declaration and a transparency report.

Most people will be required to file a transparency declaration. This form requires the person who will be the registered owner of the land after the application has been filed to declare whether or not they are a ‘reporting body’.

The only time that you would not have to file a transparency declaration is if the land being registered is part of the treaty lands of a Treaty First Nation, the land of a self-governing First Nation (shíshálh Nation, Nisga’a, Maa-nulth, Tla’amin and Tsawwassen) or land on a reserve. In this case, you must submit a Declaration of Exclusion from the Land Owner Transparency Act along with your application for one of the above.

Most people will not be required to file a transparency report. A transparency report is only required if the person who will be the registered owner of the land after the application has been filed is a reporting body.

If land that is registered or is to be registered is in the name of a corporation, partnership, or a trustee, the registered owner is a reporting body. The Land Owner Transparency Act (LOTA) defines reporting body as one of the following:

• Relevant corporation, meaning a corporation or limited liability company, a body corporate, a body politic and corporate, an incorporated association or a society, however and wherever incorporated, but does not include a corporation or limited liability company that is (a) referred to in Schedule 1 of LOTA, (b) added by regulation to Schedule 1 of LOTA, (c) a municipality, or (d) a corporation sole.
• Relevant partnership, meaning a general partnership, limited partnership, limited liability partnership, professional partnership or foreign partnership within the meaning of the Partnership Act, a prescribed partnership, or a legal relationship, created in another jurisdiction, that is similar to a legal relationship referred to in paragraph (a) or (b) of this definition, but does not include a prescribed partnership, or a prescribed legal relationship.
• Relevant trust, meaning an express trust, including a bare trust, a prescribed trust, or a legal relationship, created in another jurisdiction, that is similar to a legal relationship in an express trust, bare trust or a prescribed trust. It does not include a trust referred to in Schedule 2, a trust added by regulation to Schedule 2, or a legal relationship, created in another jurisdiction, that is similar to a legal relationship referred to Schedule 2, or a trust added by regulation to Schedule 2.

Primary identification information in respect of a corporation or limited liability company consists of the following:

• the corporation’s or company’s name and registered office address;
• if the corporation or company has a head office, the corporation’s or company’s head office address;
• the jurisdiction in which the corporation or company was incorporated, organized or formed;
• if the corporation or company has been continued or transferred into another jurisdiction, the jurisdiction into which the corporation or company was most recently continued or transferred;

Primary identification information in respect of an individual consists of the following:

• the individual’s full name;
• whether or not the individual is a Canadian citizen or permanent resident of Canada;
• if the individual is not a Canadian citizen or permanent resident of Canada, every country or state of which the individual is a citizen;
• if the individual’s principal residence is in Canada, the city and province in which that principal residence is located;
• if the individual’s principal residence is outside Canada, the city and country in which that principal residence is located

Primary identification information in respect of a relevant partnership consists of the following:

• the partnership’s registered business name, if any;
• the type of partnership referred to in paragraph (a), (b) or (c) of the definition of “relevant partnership” in section 1 of LOTA that applies to the partnership;
• the partnership’s registered address or head office address, as applicable;
• the address of the partnership’s principal business premises;
• the jurisdiction the laws of which govern (i) the partnership, or (ii) if the partnership has a partnership agreement, the interpretation of the partnership agreement;

As specified in the unofficial consolidation of LOTA which came into effect April 30, 2021, only these entities can search all the information in LOTR:

• under Section 31, an enforcement officer or a ministry official or employee
• under Section 32, an official or employee of a taxing authority
• under Section 33, an officer within the meaning of the Police Act or a member of the Royal Canadian Mounted Police
• under Section 34, an official or employee of a regulator (as listed in Section 28)

If you wish to have your primary identification information omitted from LOTR public search, please read our website Application to Omit Information for more information.  Step-by-step instructions on how to submit an application to omit can be found in LTSA account help – Omit Information