Launching August 8, 2022, a new Web Filing form specific to s. 49 affidavits of execution will be available in myLTSA.
Section 49 of the Land Title Act indicates that the registrar may accept an affidavit of execution where the signature of the transferor is not witnessed in the manner required by Part 5 of the Act, and a sufficient reason is provided as to why it was not witnessed pursuant to Part 5 (e.g. it was executed outside of BC).
The form can be accessed by selecting ‘I have an Affidavit of Execution’ in myLTSA. The ‘See Affidavit of Execution’ text is added in lieu of the witnessing officer information, and applicants will now have the option to use a new ‘Declaration s. 49 Affidavit’ Web Filing form to complete and provide the affidavit.
The declarant’s name and details of the witnessing officer is required in addition to selecting one of three reasons why a s. 49 Affidavit of Execution is being used:
- The instrument was executed by the transferor outside of British Columbia
- *Medically unsafe due to Covid-19
* The ‘Medically unsafe due to Covid-19’ reason does not include the remote witnessing scenario. Please refer to Practice Bulletin 01-20 for guidance on the process for remote witnessing of affidavits for use in land title applications.
‘Declaration s. 49 Affidavit’ Web Filing forms with reasons 1 or 2 provide applicants with the certainty that the noted reason is acceptable to the registrar under s. 49 of the Land Title Act, and automated registration will occur within 48 business hours. When ‘Other’ is selected, the applicant must provide the details of the reason, and the registrar will review the provided reason to determine its acceptability.
The ‘Declaration s. 49 Affidavit’ Web Filing form must still be printed and signed. Section 3.3.7 of the E-filing Directions allows the subscriber to have possession of the true copy of the affidavit rather than the original. The printed affidavit is not attached to the ‘Declaration s. 49 Affidavit’ Web Filing form, as the affidavit details are already included on the form.
Use of the ‘Declaration s. 49 Affidavit’ Web Filing form is limited to forms executed by an individual, and in instances where the form is not shared between myLTSA deposit accounts. Affidavits executed by a corporate transferor or corporate attorney must still be attached to a Form Declaration.