Commercial Real Estate Law

Author: Dharam Dhillon


1.  Background – What is LOTA

To address issues around anonymous land ownership in British Columbia, the provincial government passed into law the new Land Owner Transparency Actand the related Land Owner Transparency Regulation (collectively, “LOTA”) which will become effective on November 30, 2020.  LOTA facilitates the creation and operation of the Land Owner Transparency Registry (the “Registry”), a publicly searchable database mandated by the provincial government to end anonymous land ownership in B.C. The Registry will not replace the existing B.C. land title registry but will be a separate, corresponding registry that provides specific disclosure regarding direct, indirect and beneficial interests in real property located in B.C.

2.   Impact on BC Landowners

  • Acquisition of New Interests in Land: From and after November 30, 2020, any person (whether or not a reporting body) that applies to register an interest in land in the land title office must file a corresponding Transparency Declaration.
  • Existing Ownership of Interests in Land: LOTA requires any reporting body with an existing interest in land to file a Transparency Report prior to November 30, 2021.
  • Updating Requirement: A reporting body must to file a new Transparency Report within 2 months of becoming aware that (i) a filed Transparency Report is no longer accurate as to current interest holders, or (ii) an interest holder has become incapable of managing their financial affairs.

An interest in land is defined broadly under LOTA and includes:

  • Fee simple estates;
  • Life estates;
  • Any lease with a term greater than ten (10) years (not including any renewals or extensions);
  • A right under an agreement for sale to occupy or require transfer of an estate in fee simple; and
  • Certain other real property interests prescribed under LOTA.

Reporting bodies fall into the following categories:

  • A relevant corporation, which includes corporations and limited liability companies (whether or not incorporated in BC);
  • A trustee of a relevant trust, including under express trusts and bare trusts or similar relationships under the laws of other jurisdictions; and
  • A partner of a relevant partnership, including under general partnerships, limited partnerships, limited liability partnerships, professional partnerships and foreign partnerships.

The above are subject to certain limited exceptions, such as corporations owned by Indigenous nations, statutory authorities and certain financial institutions.

3.   What Must Be Disclosed?

The Transparency Report must disclose the reporting body’s interest holders. An interest holder is:

  • in relation to a relevant corporation, a corporate interest holder (meaning anyone that has, among other things, direct or indirect control over 10% or more of a corporation’s shares);
  • in relation to a trustee of a relevant trust, a beneficial owner (meaning someone who has, among other things, a beneficial interest in the land); and
  • in relation to a partner of a relevant partnership, a partnership interest holder (meaning an individual or relevant corporation that is a partner in a relevant partnership).

With respect to the interest holders of a reporting body, the Transparency Report must disclose:

  • the individual’s name, date of birth, social insurance number, tax number, location of principal residence and last known address;
  • the date on which each individual became or ceased to be an interest holder and the nature of the individual’s interest in the reporting body; and
  • whether or not the individual is a Canadian citizen or permanent resident of Canada.

Additional disclosure required by landowners in British Columbia in a Transparency Report varies by reporting body as follows:

  • relevant corporations – corporation’s name, registered address and head office address (if any), jurisdiction of incorporation or continuation and incorporation number and business number;
  • relevant trusts – information about the individual or corporate trustee(s) and settlor(s) corresponding to the information that would be required for individual interest holders or relevant corporations; and
  • relevant partnerships – the partnership’s business name, type of partnership, registered address or head office address and address of principal business premises, jurisdiction of organization and identification number (if any) and business number.

Note that the information made publicly available in the Registry will not include all of the information that a Transparency Report requires. Sensitive information such as an individual’s social insurance number will not be made available to the public through the Registry.  It is worth further noting that certain sections of LOTA related to public access have effectively delayed the public search function of the Registry until April 30, 2021.

The Transparency Report required under LOTA is entirely separate from and in addition to any obligation that a reporting body may have to prepare a transparency register under the Business Corporations Act (British Columbia) or a register of individuals with significant control under the Canada Business Corporations Act, despite the fact that the disclosable information under these statutes may overlap.  In particular, we note that a person who is a corporate interest holder under LOTA may not be a “significant individual” under the relevant corporate statute, and therefore the disclosure requirements under LOTA are in some respects broader than those in corporate statutes. Please refer to our previous correspondence on the required corporate transparency registers, or contact us to better understand the differences.

4.   Consequences of Non-Compliance with LOTA

LOTA contains various enforcement mechanisms to ensure compliance with its requirements. Depending on various factors, repercussions for non-compliance may include a fine of up to the greater of (a) $50,000, and (b) 15% of the assessed value of a property to which the Transparency Declaration or Transparency Report relates.

5.   Conclusion

The requirements of LOTA are very broad in application and technical in nature. With few exceptions, the requirements apply to all land in the province.  Furthermore, as mentioned above, the consequences for non-compliance can be significant. Accordingly, it is important to (a) be wary of the fact that there are new requirements relating to real property ownership in British Columbia, and (b) ensure that you are in strict compliance with these requirements to avoid substantial repercussions.

Should you require any assistance in understanding your obligations given your circumstances, please feel free to reach out for specific legal advice.  We will continue to provide updates regarding this topic as they become available.

Contact: Dharam Dhillon, phone: 604.891.1153, email:

This bulletin is intended as a summary only and should not be regarded or relied upon as advice to any specific client or regarding any specific situation.