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How can you remotely sign BC Land Title documents?
A comprehensive guide to ensure your transaction closes, no matter where your clients are.
Eli Zbar
February 19, 2025
Why do people tend to travel around their closing day?
This phenomenon means we often need to answer the same question: how can BC land title documents be signed if the person isn't able to physically come into our office?
Table of Contents
📌A Note on the former COVID Rules
For about three years, until September 2023, the Land Title and Survey Authority of British Columbia (LTSA) allowed any land title document to be witnessed remotely over video, citing COVID as the reason for not meeting in person.
However, now your ONLY option for remote execution is under Section 49 of the Land Title Act using the "Affidavit of Execution".
❓What is an Affidavit of Execution?
An affidavit of execution is not a silver bullet, or something to use for convenience, rather, it:
is used when in-person witnessing is not feasible.
must provide a specific, legitimate reason for waiving the standard officer certification requirement.
must be sworn under oath by an individual who can affirm the authenticity of the signature and explain why the signature was not witnessed in person.
is evaluated by the LTSA on a case-by-case basis.
🧠Understanding the Affidavit of Execution: Land Title Act Section 49
Affidavits of execution are governed by Land Title Act section 49, with key parts highlighted:
49 If (a) the signature of a transferor is not witnessed in the manner required by this Part, and
(b) the registrar is of the opinion that the circumstances require, the registrar may receive the instrument for the purpose of registration in the same manner as if its execution had been witnessed in accordance with this Part on being satisfied
(c) as to the facts, and
(d) as to the testimony, by affidavit,
(i) of a person 16 years of age or older acquainted with the transferor and the signature of the transferor stating the person’s belief that the signature subscribed to the instrument is the signature of the person named in the instrument as transferor, or
(ii) in the case of a corporate transferor or corporate attorney, of a person 16 years of age or older having personal knowledge of the matters contemplated in sections 44, 46, and 48(2) that would otherwise be acknowledged by the authorized signatory before an officer under those sections.
👉 Acceptable Uses for an Affidavit of Execution
The key to using Section 49 is ensuring the "affidavit of execution" will be accepted in “the opinion” of the LTSA registrar.
Affidavits of execution must state facts, not opinions or generalities. Here are some commonly accepted reasons:
The signatory is located outside British Columbia, a reason which is routinely accepted by the LTSA without further justification.
The signatory is unable to appear in person due to a disability, including a reasonable amount of specifics as to why.
The signatory is in a remote location due to work or residence. For example, specifying the signatory is a farmer and it is harvest time, rather than just stating their unavailability.
Time-sensitive transactions where signing in person is impossible or impractical. For example, a mortgage discharge required to close a sale, where the mortgagee is on vacation in a rural area, far from any lawyers or notaries.
⚠️Pitfalls of Affidavits of Execution
While remote signings are convenient, they come with certain risks:
Lenders may not accept it: Even with LTSA acceptance, many lenders and banks do not accept remotely executed documents or require special advanced permissions.
Higher risk of defects: Affidavits of execution are accepted at the LTSA’s discretion, most other land title documents are accepted so long as they’re in registrable form. If the stated reason on the affidavit is not accepted, you will have only 30 days to correct it or the transaction will be reversed.
Potential for fraud: Anyone who insists on remote signing or refuses to provide a reason why they are unable to meet in person should be treated as high risk.
🗺️Alternatives to In Person meetings and Affidavits of Execution
1. Find or Appoint a Commissioner for Taking Affidavits. Organizations in BC that frequently execute land title documents (mortgage investment corps, developers, etc.) can appoint an internal Commissioner for Taking Affidavits, who is authorized to witness land title documents.
2. Use a Power of Attorney. A power of attorney allows the attorney to execute documents on the grantor's behalf. Strict compliance with the Land Title Act is required to ensure a POA can be used for this purpose.
3. Visit a Local Notary. The LTSA considers any Notary Public anywhere in the world, an "officer", so long as they provide the requisite information. We often handle transactions where clients sign with a local notary, but we do everything else.
More info:
🤔 Did You Know?
I offer real estate agents and mortgage brokers complimentary short phone consultations. Message me on WhatsApp, or book a call.
A reminder that Arora Zbar LLP has 5 lawyers offering services in real estate transactions, construction disputes, corporate law, commercial litigation, tenancy/strata disputes, and estate planning.
We offer services in English, Punjabi, Hindi, and Farsi.
We are super transparent about pricing, check out our app at www.pricemyconveyance.com - it calculates property transfer tax, too!
Contrary to what people think, a lawyer is not more expensive than a notary. Remember that all lawyers are notaries, but notaries are not lawyers. In my experience, most notaries refer clients to a lawyer as soon as there’s a problem with a deal. Why not start with a lawyer?
Sincerely, Eli Zbar Lawyer |  |
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