Form C Charge

A Form C (Charge) is the prescribed registration form used under the Land Title Act to register a charge or other interest against a property's title in British Columbia. It is issued by the Land Title and Survey Authority of BC (LTSA) and must be submitted electronically through an LTSA Enterprise account by a lawyer or notary public. Common uses include registering mortgages, assignments of rents, modifications of existing charges, and priority agreements between charge holders.

Under the Land Title Act, only persons with an LTSA Enterprise account — typically BC lawyers or notaries public — may submit a Form C Charge electronically on behalf of a client. Real estate licensees regulated by the British Columbia Financial Services Authority (BCFSA) under the Real Estate Services Act (RESA) are not authorized to prepare or file land title registration documents such as a Form C. Clients requiring a charge registered on title must engage a lawyer or notary public to handle the submission.

A Form C Charge can be used to register a variety of interests against title under the Land Title Act, including mortgages, lines of credit secured against real property, assignments of rents, statutory charges, modifications or extensions of existing charges, transfers of charge, and priority agreements between existing charge holders. The form captures key details such as the nature of the charge, the parties involved, and any specific terms or conditions attached to the interest being registered.

In British Columbia, the Land Title Act follows a system of indefeasibility and registered priority, meaning that charges registered on title generally rank in the order they are registered at the LTSA. A Form C Charge that is registered earlier in time will typically have priority over a subsequently registered charge, unless a priority agreement executed between the charge holders and also registered on title alters that order. Parties wishing to vary the statutory priority of their charges must ensure the priority agreement is itself registered using the appropriate LTSA form.

The registration of a mortgage or other charge via a Form C does not in itself constitute a transfer of a beneficial interest in land and is therefore generally not subject to Property Transfer Tax under the BC Property Transfer Tax Act. Property Transfer Tax is typically triggered by a transfer of a fee simple or other taxable interest in land, not by the mere encumbrance of title through a charge. Parties should consult a lawyer or notary for advice specific to their transaction to confirm whether any PTT obligations arise.

Yes, a Form C Charge can be registered against the title to an individual strata lot in British Columbia, just as it can against any other parcel of land. The strata lot is a separately titled property under the Strata Property Act (SBC 1998, c. 43), and a lender may register a mortgage or other charge against that title using a Form C. The existence of a registered charge on a strata lot does not affect the strata corporation's ability to levy strata fees or special levies, which may themselves create a lien against the strata lot under the Strata Property Act.

When the obligation secured by a Form C Charge — such as a mortgage — has been fully discharged, the charge holder (e.g., the lender) must provide a discharge in the prescribed LTSA form, which is then registered against the title to remove the charge. Until a discharge is formally registered at the LTSA under the Land Title Act, the charge remains visible on title and can affect the owner's ability to sell or refinance the property. A lawyer or notary public typically handles the preparation and registration of the discharge on behalf of the borrower or new lender.

In British Columbia, enforcement of a mortgage or other charge registered via a Form C is a judicial process — BC does not use a power-of-sale regime as some other provinces do. A charge holder seeking to enforce their security upon default must apply to the BC Supreme Court, typically through a foreclosure proceeding governed by the BC Supreme Court Civil Rules and the Law and Equity Act. The court has broad discretion to order remedies including an Order Nisi, a redemption period, or an Order Absolute of foreclosure, or it may direct a judicial sale of the property.

When purchasing real property in BC, a buyer's lawyer or notary public will conduct a title search at the LTSA to identify any Form C Charges registered against the property, such as mortgages or assignments of rents, because these encumbrances attach to the land and can affect the buyer's clear title. In most residential transactions, existing charges must be discharged from title at or before the completion of the sale, unless the parties expressly agree to an assumption of a charge. Real estate licensees regulated by the BCFSA under the Real Estate Services Act have a duty to advise clients to seek appropriate professional advice regarding registered charges on title.

Yes, an existing Form C Charge can be modified after registration by registering a modification of charge, which is itself completed and submitted electronically through the LTSA using the appropriate prescribed form under the Land Title Act. Modifications may include changes to the principal amount, interest rate, maturity date, or other terms of the underlying agreement, and all parties to the charge must typically execute the modification. Any modification that alters the terms of the charge should be prepared by a lawyer or notary public to ensure it is correctly drafted and registered so as not to inadvertently affect the charge's priority on title.