Further to the notice published on Friday, March 27, 2020, the LTSA reminds legal practitioners that preferred forms of affidavits are guidelines only and do not represent an exhaustive list of affidavits. Variations in the content and format are acceptable as long as the affidavit meets the requirements under section 49 of the Land Title Act.
By way of example, during the COVID-19 situation, practitioners may use the following language for a Transfer Form:
Execution by a Corporation:
(1) I, <Jane Doe, Paralegal for ABC Law Firm>, am 16 years of age or older and I have personal knowledge that the person who executed the instrument for the transferor was authorized to do so by the transferor.
(2) The transferor existed at the time the instrument was executed and is legally entitled to hold and dispose of land in British Columbia.
(3) The signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because < it is medically unsafe to meet the authorized signatory of the transferor in person due to Covid-19>.
Execution by an Individual:
(1) I am 16 years of age or older and I am acquainted with the person named in the instrument as the transferor.
(2) I am acquainted with the signature of the transferor through the use of video conferencing technology and believe that the signature subscribed to the instrument is the signature of the transferor
(3) The signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because <it is medically unsafe to meet the transferor in person due to Covid-19>.
NOTE: If the affidavit was witnessed remotely, the jurat of the affidavit must be amended to include the following statement:
The deponent was not physically present before me because < it is medically unsafe to meet him in person due to Covid-19 > but was linked with me using video technology. I followed the process described in Practice Bulletin 01-20 Process for Remote Witnessing of Affidavits for use in Land Title Applications and complied with the Law Society of British Columbia best practices for using video-conferencing when providing legal advice or services.
As the COVID-19 situation evolves, current information about land title practice matters will be posted to our website at ltsa.ca and Twitter account @LTSABC.
The LTSA is committed to protecting the health and well-being of our employees and customers while ensuring our business operations continue as usual. Thank you for your continued understanding and support.