Land Owner Transparency Registry

What You Need To Know

The Land Owner Transparency Act (LOTA) came into force in British Columbia on November 30, 2020 as part of the provincial government’s campaign to end hidden or undisclosed ownership of land and property in British Columbia. The LOTA requires every reporting body such as a corporation, trust or partnership that owns land in British Columbia to file a transparency report with the land title office disclosing the beneficial ownership of the property by November 30, 2022. Certain information gathered from these reports will be publicly searchable in the newly created database called the Land Owner Transparency Registry (LOTR).

Extensive legal analysis is required to complete the lengthy transparency report that only qualified legal professionals should prepare and submit to the LOTR.

The LOTA provides penalties for non-compliance with the November 30, 2022, filing deadline. Those who fail to file, or provide false or misleading information in the transparency report may be subject to a fine up to the greater of:

  • $25,000 for individuals, or $50,000 for corporations; and
  • 5% of the assessed value of the property.  

We encourage all those with a current interest in land to seek legal advice in a) determining whether a transparency report must be filed by the November 30, 2022 deadline, and b) assistance with completing such filings. Our lawyers at Origin Law Group would be happy to assist you to ensure compliance.

What Do I Need To Do?

Step 1: Establish whether under the purview of the law, you are deemed to be

  • a reporting body which holds (b) an interest in land (see below the criteria used to determine these perquisites/factors).

Step 2: If you are considered to not be a reporting body that holds an interest in land, no further action is needed as the transparency report filing requirements do not apply to you.

If you are a reporting body that holds an interest in land, please complete the Intake Form below.

Step 3: Origin Law Group will prepare a draft transparency report for you to print, wet ink sign and return to us to submit for filing.

Criteria to Establish (a) a Reporting Body with (b) an Interest in Land?

  1. Who is considered a reporting body? – Almost all corporations, partnerships or trusts with an interest in land are deemed to be reporting bodies. Only those which come under Schedule 1 or 2 of the LOTA

(https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19023#Schedule1) are excluded.  If you are unsure whether you fall under the exemptions set out in Schedule 1 or 2 of the LOTA, contact us immediately.

  1. An interest in land is defined as:
  • an estate in fee simple;
  • a life estate in land;
  • a registered lease that has a term of 10 years or more, including any rights of renewal;
  • a right under an agreement for sale to
    1. occupy land, or
    2. require the transfer of an estate in fee simple.

 

To Summarize

Have you received this letter?

Where action is required or if you are unsure whether this registration requirement applies to you, we invite you to contact Origin Law Group for assistance.

Cost

Our rate is $550 and up plus taxes and disbursements depending on the complexity of your corporate structure.

Intake Form

Kindly complete the below intake form so that we may attend to preparing and filing your transparency report.

For further information, please visit: https://landtransparency.ca/ or https://www2.gov.bc.ca/gov/content/housing-tenancy/real-estate-bc/land-owner-transparency-registry

The information presented here is for general guidance and not intended to be nor shall be constituted as legal advice. Further, any guidance here may not be relevant, or may be contradictory to your specific circumstances. Please contact us for legal advice regarding your matter.

1. Land

2. Company, JV, Partnership, or Trust Information

3. Corporate interest holder information

(required for each corporate interest holder of the Company)

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. date they became a registered owner of 10% or more of the Company’s shares)

Interest Holder 2

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. date they became a registered owner of 10% or more of the Company’s shares)

Interest Holder 3

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. date they became a registered owner of 10% or more of the Company’s shares)

Interest Holder 4

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. registered owner of 10% or more of the Company’s shares)

(e.g. date they became a registered owner of 10% or more of the Company’s shares)

Please submit this form for 4 Corporate Interest Holders and then resubmit the form for additional Corporate Interest Holders.

Contact Information

LET’S WORK TOGETHER.

Not sure if you have a case? Just let us evaluate it for you!

CONTACT US