The Land Title and Survey Authority of British Columbia (LTSA) is responsible for developing and operating LOTR, as set out in the Land Owner Transparency Act (LOTA). Since the initial legislation received Royal Assent, LTSA has dedicated resources to ensuring LOTR is successful, including technology development to integrate LOTR into the myLTSA system, and communications outreach to ensure property owners, real estate and legal professionals are aware of their obligations within LOTA.

When are LOTA filing requirements in effect?
Required filings to the Land Owner Transparency Registry (LOTR) began on November 30, 2020. Pre-existing registered owners that are a relevant corporation, a trustee of a relevant trust or a partner of a relevant partnership must file a transparency report by November 30, 2021.

Who can access the information in LOTR?
Beginning April 30, 2021, the public can search and obtain partial information about ownership interests in land. Some information such as birth dates and social insurance numbers will not be publicly accessible. Only those defined as a regulator, a taxing authority or a law enforcement entity may access complete information about reporting bodies and interest holders.

What is a reporting body?
A reporting body is a relevant corporation, a trustee of a relevant trust, or a partner of a relevant partnership that is required to file a transparency report under LOTA.

Who are interest holders?
LOTA defines interest holders as a beneficial owner of a relevant trust, a corporate interest holder of a relevant corporation, or a partnership interest holder of a relevant partnership.

Can I request that my information be omitted from LOTR?
An individual can make an application to the A statutory decision maker under LOTA and an employee of the LTSA, responsible for the general administration of LOTA and its regulations. Administrator that some or all of their information in LOTR be withheld from public search, if they believe it could threaten the safety or mental or physical health of themselves or a member of their household. All information in LOTR will remain searchable by law enforcement agencies, regulators, and tax authorities.

Will my birthdate and social insurance number be made public?
LOTR is subject to the British Columbia Freedom of Information and Protection of Privacy Act. Birthdate, social insurance number, and other private information will not be visible in public searches.

What happens if I do not submit a transparency declaration or report?
According to LOTA, the A statutory decision maker under the Land Title Act, and an employee of the LTSA with a statutory responsibility under LOTA. Registrar must refuse any application to register an interest in land if it is not accompanied by a transparency declaration for each transferee and, if appropriate, transparency report(s). There are additional penalties related to non-compliance.

How will I know if my data is entered correctly into LOTR?
Reporting bodies must take reasonable steps to obtain the required information from relevant individuals. Reporting bodies are also responsible for notifying interest holders of the disclosed information.

What if my information in LOTR is incorrect or has changed?
Reporting bodies are responsible for ensuring their information and that of their interest holders is up to date and correct. If your LOTR information is incorrect or has changed, you must contact the reporting body and ask them to file a new transparency report to correct or update the relevant information. If the reporting body has not fulfilled your request within 3 months, you can then proceed to file an application to request a change or correction of your information.

Do intermediary owners need to be disclosed in a transparency report?
The Land Owner Transparency Regulation is key in providing guidance to trace through layers of a particular ownership structure to determine the individuals who must be disclosed in a transparency report under LOTA. Part 2 of the Regulation defines key terms “relevant intermediary” and “chain of relevant intermediaries” and provides rules for determining “indirect control” as necessary to disclose the interest holders of a relevant corporation. The rules of indirect control are detailed and technical in nature, requiring close attention to detail to ensure that the ultimate interest holders of a complex corporate structure are properly disclosed.

Who is informing existing reporting bodies that they need to file a transparency report by November 30, 2021?
The Ministry of Finance is  responsible for informing existing reporting bodies of their filing requirements. They are aware that communication is required and will be taking action soon.

Do I need to submit a transparency report if I’m a reporting body and I sell my interest in land prior to November 30, 2021?
In this case the original reporting body would not be required to file a transparency report; the new owner (transferee) would file a transparency declaration and, if applicable, a transparency report when the application to register the interest in land is made.

How are reporting bodies deemed to have informed interest holders, and confirmed the information about interest holders in a transparency report?
The reporting body is required to indicate in the transparency report that they have obtained and confirmed the accuracy of all required information about the interest holder, and given written notice required under s. 24 of LOTA to the interest holder.

Are Web Filing forms required for LOTR filings?
Forms completed by legal professionals must be filed electronically. Offline forms can only be filed in limited circumstances where manual filing is permitted, i.e., where transparency records are required to be filed with a land title application and the land title application is not filed electronically. Note that PDF versions of most land title forms are retiring in the coming months.

Why was LOTA created?
The Province introduced a comprehensive plan in the 2018 budget to address broad concerns about housing afford-ability in BC. In its 30-point plan for housing affordability in BC (page 17), the government stated it is “taking action to end hidden ownership” in order to crack down on tax fraud and close loopholes. Since many parts of LOTA involve taxation matters, the Ministry of Finance is leading this initiative.

There are a number of words used in relation to the Land Owner Transparency Act, and the Land Owner Transparency Registry (LOTR) which are explained below:

Section 6 of LOTA
LOTA does not apply to Indigenous land or prescribed land, and does not apply in relation to any of the following: treaty lands of a Treaty First Nation, Nisga’a Lands; Nisga’a Fee Simple Lands as defined in the Definitions Chapter of the Nisga’a Final Agreement; Sechelt lands, as defined in section 2 (1) of the Sechelt Indian Band Self-Government Act (Canada); a reserve, as defined in section 2 (1) [definitions] of the Indian Act (Canada); Other Maa-nulth First Nation Lands as defined in the Definitions Chapter of the Maa-nulth First Nations Final Agreement; Other Tla’amin lands as defined in the Definitions Chapter of the Tla’amin Final Agreement; Other Tsawwassen Lands as defined in the Definitions Chapter of the Tsawwassen First Nation Final Agreement; prescribed land.

Transparency Report
A report that is filed with a transparency declaration on an application to register an interest in land, if the transferee is a reporting body. The transparency report contains information about the reporting body and its interest holder(s). Transparency reports must also be filed independently of a transparency declaration any time there is a change to the reporting body or interest holder’s information, as well as during the transition period when all reporting bodies with a current interest in land will be required to file.

Administrator
A statutory decision maker under LOTA and an employee of the LTSA, responsible for the general administration of LOTA and its regulations.

Interest Holder
LOTA defines interest holders as a beneficial owner of a relevant trust, a corporate interest holder of a relevant corporation, or a partnership interest holder of a relevant partnership.

Interest in Land
As defined in LOTA, this term refers to an estate in fee simple; a life estate in land; a right to occupy land under a lease that has a term of more than 10 years, or a right under an agreement for sale to occupy land, or require the transfer of an estate in fee simple.

Parcel Identifier (PID)
A number that uniquely identifies a parcel of land in the land title register of BC. Use ParcelMap BC or BC Assessment to search for a PID.

Transferee
An individual to whom an interest in land is transferred.

Transparency Declaration
A declaration that is filed by each transferee together with an application to register an interest in land, stating whether the transferee is a reporting body, and, if the transferee is a reporting body, whether the reporting body is a relevant corporation, a trustee or a relevant trust, or a partner of a relevant partnership.

Transparency Report
A report that is filed with a transparency declaration on an application to register an interest in land, if the transferee is a reporting body. The transparency report contains information about the reporting body and its interest holder(s). Transparency reports must also be filed independently of a transparency declaration any time there is a change to the reporting body or interest holder’s information, as well as during the transition period when all reporting bodies with a current interest in land will be required to file.

Registrar
A statutory decision maker under the Land Title Act, and an employee of the LTSA with a statutory responsibility under LOTA to refuse an application to register an interest in land if the transferee fails to submit a transparency declaration with the application and, in the event the transferee is a reporting body fails to submit a transparency report.

Relevant Corporation
A corporation or limited liability company, but does not include a corporation or limited liability company that is (a) referred to in Schedule 1 of LOTA, or (b) added by regulation to Schedule 1 of LOTA.

Relevant Trust
(a) An express trust, including a bare trust, (b) a prescribed trust, or (c) a legal relationship, created in another jurisdiction, that is similar to a legal relationship referred to in paragraph (a) or (b) but does not include (d) a trust referred to in Schedule 2 of LOTA, (e) a trust added by regulation to Schedule 2 of LOTA, or (f) a legal relationship, created in another jurisdiction, that is similar to a legal relationship referred to in (d) or (e) of this definition.

Relevant Partnership
(a) A general partnership, limited partnership, limited liability partnership, professional partnership or foreign partnership within the meaning of the Partnership Act, (b) a prescribed partnership, or (c) a legal relationship, created in another jurisdiction, that is similar to a legal relationship referred to in (a) or (b) of this definition, but does not include (d) a prescribed partnership, or (e) a prescribed legal relationship.

Reporting Body
A relevant corporation, a trustee of a relevant trust or a partner of a relevant partnership that is required to file a transparency report under LOTA.

Settlor
The entity that establishes a trust.

The below list offers some examples of when you should consult a legal professional regarding your interest in land ownership.

• You are an owner of a corporation, trust or partnership that has a legal interest in land in BC (for example, an investment in commercial or residential real estate)
• You are a part owner of a company which is a part owner of another company which has a legal interest in land in BC
• Your company, which is based either inside or outside of BC, invests in real estate in BC
• There are changes to your company’s ownership, and your company has a legal interest in land in BC
• You or your company is transferring ownership of all or part of a legal interest in land in BC
• You have just purchased or inherited land in BC, such as a house or condo
• You are acting as executor on an estate which has a legal interest in land in BC
• You are not sure if you or your company needs to submit a transparency declaration or a transparency report
• You need help submitting a transparency declaration or transparency report, or an application to omit/change information

The Land Title and Survey Authority of British Columbia (LTSA) is responsible for developing and operating LOTR. For assistance please complete the form below.