Can a Lawyer or Notary Register Your Mortgage in BC?

When you buy a home or refinance in British Columbia, your lender will want its mortgage registered against the title. Someone has to prepare the paperwork, have you sign it and file it with the Land Title Office. Many people wonder whether that has to be a lawyer or whether a notary public can do it.

The short answer is that both can play a role, but their authority is not identical. This article explains what each can do, how electronic filing works and what to ask before you choose.

This article covers the law of British Columbia.

The short answer

Under the Notaries Act, a notary in good standing may draw instruments relating to property that are intended, permitted or required to be registered, recorded or filed in a registry or public office. That covers conveyancing documents, which is the category a mortgage falls into.

On the filing side, the Land Title Act lets the director of land titles designate classes of individuals who may certify electronic documents, and lawyers and notaries are the designates under the Land Title Survey Authority (LTSA) e-filing directions. Lawyers and notaries with a digital certificate can e-sign and file most forms, but not every form, so it is worth confirming that your mortgage documents are covered.

How electronic registration works

You usually sign paper copies. The lawyer or notary then signs electronically to certify that the paper copy was executed and witnessed and that they hold it or a true copy. A certified document is treated as executed on the date recorded on it, regardless of when the designate signed.

To e-sign and file most forms, lawyers and notaries need a Juricert digital certificate registered with the Law Society. They may not sign survey plan certifications and certain other forms.

What each professional does

A lawyer can also give legal advice on matters beyond drafting, such as a dispute, an unusual ownership structure or a complicated loan. Whether a notary can act on every kind of mortgage, for example a complex private or commercial one, depends on their authority and on what your lender will accept, so confirm this at the start.

Where registration fits in your purchase

Registration usually comes at the end of a longer process with your lender. A pre-approved amount is a ceiling, not a commitment: the final amount depends on the property value and your down payment, the property must meet the lender's standards, and the lender can still refuse after pre-approval.

Lender documents for pre-approval typically include the following items.

• Identification.
• Proof of employment.
• Proof of your down payment and closing costs.
• For self-employed borrowers, two years of CRA notices of assessment.

Mortgage loan insurance is typically needed if the down payment is less than 20% of the purchase price. A lender may require insurance even with 20% down, usually if the borrower is self-employed or has a poor credit history. How this applies depends on your situation, so it is worth confirming with a lawyer.

A pending change to keep in mind

The Legal Professions Act (SBC 2024, c. 26) would put lawyers and notaries under one regulator and let notary licensees draft and file property-transaction instruments. When checked on BC Laws, its sections 1 to 214 were shown as not in force, so the Notaries Act and the Legal Profession Act still govern. Commencement can change, so ask whoever you hire what rules apply today.

What to do next

• Read your lender's instructions to see who it will accept to register the mortgage.
• Ask the lawyer or notary whether they can handle your type of mortgage, including any private or commercial lender.
• Ask who will hold your signed paper documents and when they will be filed.
• Confirm that the professional holds the digital certificate needed to file electronically.
• Bring photo ID and your mortgage commitment to your signing appointment.
• Raise anything unusual, such as co-owners or a second mortgage, before signing day.

Frequently asked questions