Common Questions about the LTSA's Electronic Filing System
Q: Who Can Use EFS?
A: A BC lawyer, notary public or land surveyor can obtain a digital signature from Juricert. Once the digital signature is affixed to the document, anyone with a BC OnLine account can submit the document to the Land Title Offices in electronic format. The $2.50 Juricert fee will be waived for all electronic releases until July 31, 2010.
Legal professionals can also opt to have a registry agent perform the 'electronic submission' of their professionally certified documents on their behalf.
How to Get Started
Q: How Does My Firm Begin Using EFS?
A: The first step is to contact Juricert (phone: 604-605-5307) to obtain a digital signature.
In addition, you need to have Adobe Acrobat. Download the form templates to create the forms.
Find out more about how to get started using EFS at BC OnLine. Training opportunities are also available. Training for lawyers, notaries public, land surveyors and registry agents can be arranged at no charge by calling the BC OnLine Helpdesk at (800) 663-6102 or (250) 953-8200. Training qualifies for the Law Society's Continuing Professional Development Program.
Benefits of EFS
Q: How Will EFS Affect the Average Home Seller or Buyer?
A: Typically, home purchases are conducted through a lawyer or a notary. An officer, which is usually a lawyer or notary, will still have to certify the seller''s signature and only lawyers and notaries will have a digital signature that must be used to certify that this process has been completed. The average home purchaser and seller will receive the benefits of the system when their lawyer or notary uses it.
Q: Why is the LTSA Promoting the Electronic Filing of Documents and Plans?
A: The electronic filing of documents and legal plans provides real estate professionals and the public with enhanced service. E-filing is quicker, more convenient and generally less expensive than filing physical documents. The LTSA has developed EFS in response to general demand from professionals for modern e-business solutions.
EFS is also as an economical 'green solution' which saves its users paper, printing and courier costs, and avoids the emissions associated with sending documents to the Land Title Office by courier.
Q: How Can I Be Sure That Documents Filed via EFS Are Secure?
A: In order to electronically file documents, the submitter must first have a registered BC OnLine account and the documents being submitted must be digitally signed by a lawyer or notary or possibly a land surveyor. The BC OnLine Internet site is a very secure service and the digital certificate technology and trust model provides a high degree of security.
Q: Does It Cost Any More to Electronically File Compared to the Traditional Methods of Filing Documents or Plans?
A. The filing fees for EFS are about the same as the fees for traditional methods of filing.
EFS Features
Q: Can My Firm Continue to File Documents and Plans Using the Traditional Approach?
A: The LTSA continues to accept physical document and plan submissions. However, real estate professionals are strongly encouraged to adopt EFS given its many benefits listed above. In an independent survey, 96% of firms polled like the speed of using EFS for submitting land title documents and 99% would recommend it to other legal professionals.
Technical Aspects
Q: Must My Firm Retain Original Signed Copies of Conveyance Documents Now That an Electronic Version Exists?
A: No, this is not required. Please refer to the Law Society of British Columbia bulletin on this subject.
Q: How Are Land Title Fees and Property Transfer Tax Collected?
A: Land Title filing fees are collected through the existing BC OnLine Deposit account process while Property Transfer Tax is paid from a bank account using an electronic funds transfer process.
Q: Who Will Be Responsible for Maintaining the Signed Paper Copies of the Electronic Property Transfer Tax Forms?
A: In accordance with Section 5 of the Property Transfer Tax Act, as amended for electronic filing, the Administrator of the Property Transfer Tax Act will determine the retention requirements for Property Transfer Tax Forms.
Q: Can I Create an ''Electronic Document'' if the Lawyer/Notary Responsible for Execution is Not EFS-enabled?
A: Yes, the electronic document may be emailed, faxed or couriered to the lawyer/notary responsible for execution. Once a paper copy of the document has been signed by the transferring party, it can then be faxed or couriered back to the EFS enabled lawyer/notary. The originating lawyer/notary may then apply their digital signature to the electronic document. Application of a digital signature is a certification by the signatory that they have in their possession a signed true copy, or a copy of a signed true copy, of the electronic document.
Q: How Can I Ensure That I Have Sufficient Funds in My Deposit Account to Cover EFS Filing Fees?
A: In order to ensure that you have funds to file EFS documents, you should establish an Electronic Funds Transfer (EFT) with a large Maximum EFT value. BC OnLine can set up an automated Electronic Funds Transfer (EFT) for your account to ensure that you always have the funds to cover EFS filings.
The EFT requires three parameters to be set:
1) Account High Balance - The Account High Balance can be considered the "float". Depending on the amount of work you do some high balances range from $50 to $500.
2) EFT Trigger Point - When the balance of your account falls below the Trigger Point, an EFT will be initiated during the overnight batch processing.
3) Maximum EFT Amount - The maximum amount that will be transferred. It is best to set this value high enough to cover the busiest day of any month in order to cover any negative balance that the account may experience. The EFT is done at the end of the each business day.
A typical set of EFT parameters for an account that normally does $500 worth of business a day could be as follows:
1) Account High Balance: $50.
2) EFT Trigger Point: $49.
3) Maximum EFT: $2,000.
Although the account in this example may do $500 of business a day, their Maximum EFT is set large enough to cover any unusual circumstances they may encounter. The EFT system will only transfer enough funds to bring the account balance up to $50. If the account did $500 of business, the EFT would only transfer $500.
$50 Balance - $500 Work = -$450 End of Day Balance + $500 EFT = $50 New Balance
The large Maximum EFT will cover additional filing the account does, or to cover EFS filings that may be delayed until future filing dates.
For more information about EFT or Electronic Cheques, contact the BC OnLine Administration office at 250-953-8250.
Other Topics
Q. What Happens if EFS Is Unavailable?
A: Contingency procedures have been created to enable customers to e-mail, fax or hand-deliver their applications to Land Title Offices in the event that EFS is unavailable. These procedures are rarely needed, having been invoked only twice since 2004. If in the future it is necessary to implement the contingency procedures, a bulletin will be posted to www.ltsa.ca and BC OnLine's website advising clients and providing detailed instructions on how to proceed.
Q: What Are the Future Plans for EFS?
A: EFS supports modern business practices, and it increases land title and survey efficiencies for both the LTSA and those who use the system. The LTSA is actively encouraging the increased adoption of EFS by lawyers, notaries and land surveyors for filing land title documents and survey plans.
We will continue to work to improve the functionality of EFS to accommodate the needs of our customers. Major changes to EFS are currently, and will continue to be, implemented after careful planning based on consultation with the EFS Committee and professional organizations that frequently file applications with the LTSA.
EFS training and support will continue to be available at no charge to lawyers, notaries, land surveyors and registry agents and can be arranged by calling BC OnLine Helpdesk at (800) 663-6102 or (250) 953-8200.
