ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services in Consultation with the Director of Legal Services

SUBJECT:

Land Title Office

 

RECOMMENDATION

COUNCIL POLICY

There is no Council Policy directly applicable to this matter.

PURPOSE

The purpose of this report is to confirm Council support for retaining an accessible Land Title Office in the Lower Mainland and to achieve Council approval for a resolution of confirmation.

BACKGROUND

Under the current provincial government, administration of Land Title registry functions has been transferred from the Ministry of Attorney General to the Ministry of Sustainable Resource Management (the "MSRM"). The Land Title Branch (the "LTB") is part of the Registries Department of the MSRM as is the Crown Lands Registry and the Surveyor General's Branch.

In 1991 the Province began consolidation of Land Title Offices from the then seven to the current three.

Prior to 1991, and in the case of New Westminster and Vancouver, for over 100 years there had been Land Title Offices (the "LTO") in Vancouver, Victoria, New Westminster, Kamloops, Prince George, Nelson and Prince Rupert. Initially the Vancouver LTO was consolidated with the New Westminster LTO to form the Lower Mainland LTO at 88 - 6th Street in New Westminster. The Nelson LTO was consolidated with the Kamloops LTO and the Prince Rupert LTO consolidated with the Prince George LTO.

In March of 2003 the Prince George LTO, including all of the former Prince Rupert records, was closed and consolidated with the Lower Mainland LTO in New Westminster.

At that time the MSRM indicated their intention to close the public counter functions in Kamloops and Victoria by April 1, 2004, and to consolidate LTO functions for the Province in New Westminster.

On Saturday, April 5, 2003, an article was printed in the Kamloops Daily News regarding Premier Gordon Campbell praising a local committee working on a plan to centralize Land Titles in Kamloops, rather than New Westminster. A local committee comprising lawyers, civic groups and business representatives of Kamloops institutions has been working on a business case to establish the Central Land Title Office in Kamloops.

Subsequently, Minister Stan Hagen has met with the Kamloops groups including Kamloops Mayor Mel Rothenburger and he has indicated that they presented "very compelling arguments".

DISCUSSION

Legal Services and the Land Survey Branch of Engineering Services rely on access to Land Title records as a part of conducting business. Daily attendance at the LTO occurs.

The rationale for considering Kamloops is based on the movement from a paper based registry to an electronic registry where documents and plans will be filed electronically.

In conducting City business, staff, in particular the City Surveyor's office, require access to many old records housed at LTO. These documents, sketches and plans are not in a condition that they can be scanned for electronic distribution. Access to the many old Absolute Fee Parcel Books can only be achieved through a manual LTO search.

A LTO in the Lower Mainland is critical to the timely, efficient and cost-effective administration of City business.

Our clients and customers, from the single family home owner to the large mega-developer will suffer negative financial consequences and time delays without an LTO in the Lower Mainland.

A number of municipalities and business associations are now rallying to argue the case for retaining LTO functions in New Westminster. The General Manager of Engineering Services, in consultation with the Director of Legal Services, believe it appropriate to advise Minister Hagen of the City's desire to see LTO functions remain in the Lower Mainland.

Approval of Recommendations A and B and the resolution attached hereto as Appendix A is RECOMMENDED.

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cs20030515.htm

RESOLUTION OF THE COUNCIL OF THE CITY OF VANCOUVER

WHEREAS:

A. The Land Title Office ("LTO"), housing land tenure records for property within the City of Vancouver is currently located in the City of New Westminister;

B. Prior to 1991 there had been, for over 100 years a Land Title registry within the City of Vancouver;

C. In 1991 the Vancouver and the New Westminster LTO were combined into the Lower Mainland LTO;

D. The Minister of Sustainable Resource Management is undertaking a review to determine if the Land Title Offices in the Province can be centralized;

E. Representatives of the City of Kamloops have indicated to the Minister of Sustainable Resource Management, the Honourable Stan Hagen, a desire to move Land Title Office functions out of the Lower Mainland to Kamloops;

F. Daily physical access to LTO records, and in particular old records, by City of Vancouver staff is a requirement for the City of Vancouver to conduct business; and

G. Solicitors, land surveyors, realtors, developers, property owners, financial institutions, builders and others will face potential delays and increased costs in conducting LTO business if physical access to many LTO records currently housed in New Westminster is made more difficult by their relocation to Kamloops.

THEREFORE BE IT RESOLVED:

1. THAT the Mayor and Council of the City of Vancouver advise the Honourable Stan Hagen, Minister of Sustainable Resource Management that they strongly oppose any relocation of the records, systems and functions currently available in the Lower Mainland LTO to a location elsewhere in the Province.

2. THAT the Mayor and Council advise Minister Hagen that retention of LTO records, systems and functions in the Lower Mainland is crucial for the efficient and cost-effective carrying out of public and private land transactions in Vancouver.