The questions below will help you to understand when a filing to LOTR is required. We recommend contacting a legal professional for advice on any specific circumstances.

Note that the above questions do not represent all possible scenarios for required filings to LOTR.

If you require assistance, please contact a legal professional who can give you advice on how to comply with LOTA.

Requirements to file documents to the Land Owner Transparency Registry (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.

Transparency declaration

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 (Sechelt, 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.

Transparency report

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.

Who is a reporting body?

The Land Owner Transparency Act (LOTA) sets out who is a reporting body. A person will be a reporting body only if the land being registered is one of the following.

• owned by a corporation
• owned by a partnership, or
• being held in a trust.

LOTA includes detailed legal definitions for a corporation, a partnership and a trust for the purpose of the requirement to file a transparency report. Most, but not all corporations, partnerships and trusts are included. If you are not sure whether one of these applies to your circumstances, you should contact a legal professional for advice.

Note on the meaning of partnership

For the purpose of a transparency declaration and a transparency report, a ‘partnership’ refers to circumstances where people are carrying on business together. It does not refer to those who are simply married or in a common law relationship.

If you are married or in a common law relationship and are also partners in carrying on a business, you should contact a legal professional for advice about the requirements for completing a transparency declaration and transparency report.

Requirements to file documents to the Land Owner Transparency Registry (LOTR)

There is no requirement for pre-existing owners to file a transparency declaration.

Which pre-existing owners must file a transparency report?

The only registered owners of land as of November 30, 2020 who are required to file a transparency report are those who are a reporting body. If you are not a reporting body, then you do not need to file a transparency report.

Who is a reporting body?

The Land Owner Transparency Act (LOTA) sets out who is a reporting body. A person will be a reporting body only if the pre-existing registered interest in land is one of the following:

• owned by a corporation
• owned by a partnership, or
• being held in a trust.

LOTA includes detailed legal definitions for a corporation, a partnership, and a trust for the purpose of the requirement to file a transparency report. Most, but not all corporations, partnerships and trusts are included. If you are not sure whether one of these applies to your circumstances, you should contact a legal professional for advice.

Part 3 of the transparency declaration – Certifier information

This part of the transparency declaration requires that a person certify that the information on the declaration is correct and complete. They do this by signing the transparency declaration as a certifier.

Who may certify the transparency declaration

The person who certifies the declaration must be one of the following:

• The transferee – the person who will be the registered owner of the interest in land after the application is submitted

or

• Another person that the transferee or reporting body has authorized to sign for them, such as a director or officer of a corporation.  They do not have to be a lawyer or notary public, but must be an adult with knowledge of the matters certified.

How many certifiers are required?

The transparency declaration must be certified by every transferee or a person on their behalf. If there is only one transferee, then only one certifier is required.

Whose information is/will be publicly available in LOTR?

The information that is/will be publicly available in LOTR is information about the following:

• A reporting body that has filed a transparency report
• An individual who is named in a transparency report as a
  • Interest holder, or
  • Settlor

There is/will be no publicly available information in LOTR about a person who has submitted only a transparency declaration. All publicly available information is information included in a transparency report.

For information regarding the Application to Omit Information under s. 40 please refer to Policy Help.

*If a transparency declaration is required, a transparency report may or may not be required depending on the circumstance.  Please refer s. 12 of the Land Owner Transparency Act for guidance.

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.

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, 2022.

Why did the Province extend the deadline for pre-existing owners?
The introduction of LOTA and its requirements represents a significant change for pre-existing owners –people who purchased land prior to November 30, 2020. In extending the filing deadline by a year, pre-existing owners will have time to better familiarize themselves with LOTA requirements and work with their legal professional to submit a transparency report to the registry by November 30, 2022.

I’m a pre-existing owner. Until when can I file my transparency report in order to meet the November 30 deadline?
If you are filing a stand-alone transparency report (and only a stand-alone transparency report), it is highly recommended you don’t delay; file before November 30, 2022. However, technically you could file until 11:59:59 pm on November 30, 2022 to meet the LOTR deadline. Each package is stamped with the date and time of submission.

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.

Who can access the information in LOTR?
As at 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.

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.

Can I submit a transparency report and an application to omit information at the same time?
No. A transparency report must be submitted first.

What information or evidence is required for an application to omit information?
Where available, evidence may include medical professionals’ letters, police reports, description of events that have occurred that have given cause to the grounds on which the application is based or any other documents that substantiate the grounds as referenced in the application that have caused a threat to the individual’s safety or mental or physical health or that of a member of the individual’s household.

Where can I find information about the Application to Omit Information?
Visit Policy Help – Application to Omit Information (Section 40) for general information about the Application to Omit.

Where can I find step-by-step instructions on how to file an Application to Omit?
Visit myLTSA Help – Omit Information for information about the process on how to file an Application to Omit.

Will my birthdate, social insurance number or residential address be made public?
No, birthdate, social insurance number, residential address and other private information will not be visible in public searches. More information can be found here. LOTR is subject to the British Columbia Freedom of Information and Protection of Privacy Act.

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 the 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 information in LOTR is incorrect or has changed, you must contact the reporting body and ask them to file a new transparency report to correct or change the relevant information. If the reporting body has not fulfilled your written request within three months, you can then proceed to file an application to correct or change information.

In a previously filed Transparency Report, I realized there was an error in the name/birthdate/address/etc of an interest holder. How can I amend this?
Pursuant to s. 17 of LOTA, a reporting body may, at any time the reporting body considers necessary in order to complete or correct information contained in a previously filed transparency report, file with the administrator a new transparency report.  If you are an interest holder and realize there is a mistake in your information, you must send a written request to the reporting body requesting that the reporting body file a new transparency report under s. 17.  If the reporting body has not, within three months of receiving your request, filed a new transparency report with the complete and accurate information, you may file an application to correct or change information under s. 42.

I’m filing a change of name. Can I submit my transparency report at the same time?
No. You must wait until the change of name has been registered to ensure the transparency report is filed for the owner as registered in the land title register.

What about a change of company name or a change of company name due to amalgamation? Can I submit my transparency report at the same time?
No, you must wait until the change of name has been registered. Only after receiving confirmation from the land title office can you proceed to filing to LOTR.

Should I include the name of the previous company in my LOTR filing?
No. Per section 15(1) of LOTA, information must be current. Information that is not current, such as the name of your previous company, will result in a non-compliant filing.

I’m changing the trustee on title. Is this a change of name?
No. Submit an “Application to Change Trustee” using a Form 17. Consult the Electronic Form 17 Help Guide to ensure the correct supporting documents are attached to your application. A transparency report should not be filed until the change of trustee has been registered.

Do I need to file an amendment to a previously filed Transparency Report if the interest holders have changed?
As per s. 16 of LOTA, the reporting body must file with the administrator a new transparency report within two months of becoming aware that a previous transparency report no longer discloses current interest holders.

I filed. Should I mail or email copies to the LOTR Administrator?
No. Do not mail or email transparency reports that have already been filed to LOTR. The LOTR Administrator does not require nor retain these records. The records will be returned.

I do not need to file. Am I required to notify the LOTR Administrator?
If a determination has been made that a transparency report under section 15(1) of LOTA is not required, you do not need to mail or email a letter to inform the LOTR Administrator. There is no requirement to notify the Administrator nor will this information be reflected in the registry.

When I purchased a property the registered owner was not a reporting body, but now it is.  Do I have to report this?
Yes, as per s. 15(4) and (5), a Transparency Report must be submitted within two months after the date on which the corporation, trust, or partnership becomes a reporting body.

Do intermediary owners need to be disclosed in a transparency report?
No, intermediary owners do not need to be disclosed. Disclosure is only required of the ultimate “interest holder(s)”. 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. To learn more about indirect control, please refer to gov.bc.ca.

Following the analysis, what if I conclude there are no interest holders in a particular ownership structure?
For a reporting body that is a corporation or partner of a partnership, if there are no interest holders as defined in LOTA, the transparency report must contain a statement setting this out [see LOTA s. 21(2)]. For a reporting body that is a trustee, if there are no beneficial owners as defined in LOTA, the transparency report must contain a description of each class of beneficiaries of the trust [see LOTA s. 21(3)].

Can a corporation be indicated as an interest holder on a transparency report?
In the context of a transparency report, interest holders are always individuals. Please refer to section 1 of the Land Owner Transparency Act (LOTA) for the definition of ‘interest holder’ and sections 2-4 which set out the meaning of the three types of interest holders: beneficial owners, corporate interest holders, and partnership interest holders. You may also refer to Divisions 2 and 3 of Land Owner Transparency Regulation which set out the meaning of ‘indirect control’ of shares and directors respectively. These sections provide guidance on tracing through possible chains of relevant intermediaries to identify interest holders who must be disclosed in a transparency report. To learn more about indirect control, please refer to gov.bc.ca.

What date do I use for “the date the individual became an interest holder?”

• In respect of a relevant partnership, it is the date that the relevant partnership acquired the interest in land.
• In respect of a relevant trust, it is the date that the relevant trust acquired the interest in land.
• In respect of a relevant corporation, it is the date that the individual acquired the particular rights, interests or abilities that make them an interest holder in the relevant corporation.

Can I add multiple title or charge numbers on one Transparency Report for a filing for a pre-existing owner?
Yes, for a Transparency Report under s. 15 of LOTA, a reporting body can add multiple title or charge numbers on one report. Learn more.

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, 2022?
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.

If I am excluded from filing to LOTR, is there any action required on my part?
For property owners who are excluded under Schedule 1 or Schedule 2 of LOTA, a filing to LOTR is not required and no action or notification to LTSA or the Province is necessary. For more information about LOTA interpretation, compliance and enforcement, please visit the Province’s online resources.

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.

___________________

BC Government July 2022 Letter

Why did I receive this letter?
You were identified as a land-owning corporation and a possible reporting body and therefore may need to file with the Land Owner Transparency Registry (LOTR) by the November 30, 2022 deadline.

Is the letter real?
Yes. The letter was issued by the BC government. It was sent to inform possible reporting bodies of the filing requirements to the LOTR which was introduced in November 2020.

Why do I need a legal professional?
Legal professionals are experts in land title and land matters. They can advise on issues with respect to land ownership that may have far reaching effects on estate planning, taxation and other legal matters. New property owners have successfully filed with the registry since its launch in 2020 and used the support of a legal professional who can assist owners who are possible reporting bodies determine whether they need to file.

As well, to protect the integrity of the information in the registry, the LTSA requires reporting bodies to use a legal professional to submit their transparency report. Legal professionals complete required identity verification to ensure the accuracy and integrity of the registry.

What do I need to do now?
The first action is to determine if you are a relevant reporting body. Take the quiz to help determine if you are required to file or if you may be excluded from filing under legislation. If you are a possible relevant reporting body, consult with your legal professional who will file on your behalf. No further action is required if you are not a reporting body.

Are societies exempt from filing to LOTR?
Section 1 of the Land Owner Transparency Act (LOTA) defines “corporation” as “…a company, a body corporate, a body politic and corporate, an incorporated association or a society, however and wherever incorporated….”

LOTA does not distinguish between for profit societies and not-for profit societies. If the society is an incorporated society and if it is the registered owner on title and if it is not excluded under Schedule 1 of LOTA (Excluded Corporations and Limited Liability Companies), then it is a relevant corporation and must file a transparency report.

For further guidance on societies including how to identify interest holders, visit the Government of BC’s website.

As a relevant reporting body, do I need to file a transparency declaration and/or a transparency report?
If you are a relevant reporting body required to file and land was acquired prior to November 30, 2020 (the introduction of the Land Owner Transparency Registry), a transparency report is all that is required. A transparency declaration is not required.

I’ve already filed my transparency report, and still received a letter. Does this mean that it was not received?
If you have already filed a transparency report, no further action is required unless the beneficial owners identified in the report change.

I think I filed. Is there a way to check?
To check if a registered owner that is a reporting body has already filed, you can do a LOTR Search to determine if certain information exists in the registry.

Information about my corporation is already available in the corporate registry. Why do I need to file this information to LOTR?
The registry was established under the Land Owner Transparency Act.  This legislation is the first-of-its kind in Canada and delivers on the government’s commitment to end hidden ownership of land.

That means that if you own land through a corporation, trustee or partner, you may need to file (unless specifically excluded under the legislation).  In order to gain a full picture of property ownership in BC, and to better crack down on tax fraud and money laundering, we need to collect beneficial ownership information from all land owners using opaque ownership structures.

Why am I only hearing about this now if the legislation was put into place two years ago?
This legislation is the first-of-its-kind in Canada and the BC government, along with the LTSA have been working together to support filings through education and outreach. That work includes webinars and direct engagement with legal professionals and other impacted professionals.

To better improve awareness and compliance among pre-existing reporting bodies, the BC government sent a direct letter to corporate property owners as they are most likely to be reporting bodies under the legislation.

Most of the terminology related to LOTR is set out in the Land Owner Transparency Act (LOTA) and the Land Owner Transparency Regulation.

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.

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.