Enforcing the Land Owner Transparency Act

The Land Owner Transparency Act (the Act) establishes an enforcement officer to ensure the requirements of the Act are followed. The enforcement officer is authorized to determine whether you’re in compliance with the Act and, if necessary, impose a penalty for non-compliance.

On this page

• Authority of an enforcement officer
• How non-compliance is determined
• Penalties
• Missed the November 30, 2022 reporting deadline

Authority of an enforcement officer

The Act provides the enforcement officer with the authority to demand:

• Information from a person
• Verification of a fact in any document filed in the Land Owner Transparency Registry

When requested, you’re required to provide the enforcement officer with all information necessary.

If the enforcement officer does not receive the requested information within the deadline provided and they cannot confirm compliance with the Act, then they may impose a penalty.

How non-compliance is determined

To determine compliance with the Act and if a penalty applies, an enforcement officer may:

• Search or inspect any record in the registry about that person
• Request a specific record or information through a demand notice
• Request verification or proof regarding the accuracy of information in the registry
• Investigate a possible violation by entering a place where business is carried out or where relevant records are kept

An enforcement officer will consider any information they have obtained regarding non-compliance and use the following factors to decide whether a penalty will be imposed:

• If previous enforcement actions were taken
• The significance of the violation
• If the violation was repeated or continuous
• If the violation was deliberate
• If the person had an economic benefit from the violation
• If the person made any efforts to correct the violation

Penalties

If an enforcement officer determines that you have violated the Act, they may impose a penalty. The penalty amount depends on whether the violation is under Category 1 or Category 2.

If a penalty is imposed, the enforcement officer will issue a penalty notice that clearly states:

• How you violated the Act
• The penalty amount
• The date the penalty must be paid by
• How to pay the penalty
• Your rights to dispute the penalty under the Act and how to do so

Failure to dispute or pay a penalty could result in a lien being placed on your property. 

Category 1 violations

The maximum penalty for this category is the greater of the following:

• $25,000 for individuals or $50,000 for a person other than an individual (e.g. relevant corporation); or
• 5% of the assessed value of the property

This penalty may be imposed for the following violations:

• Required information was not provided in the transparency declaration or transparency report

• False or misleading information was provided in a transparency declaration or transparency report (e.g. false information about an interest holder included in a transparency report)

• Failure to provide a transparency report when or if required, for example:

  • When a reporting body does not correctly identify as a reporting body at the time of registering an interest in land 

  • Failure of a pre-existing owner to identify as a reporting body prior to November 30, 2022

  • If an owner becomes a reporting body after registering an interest in land

  • When a previously filed transparency report no longer discloses the current interest holders

For more information, refer to the Act.

Category 2 violations

The maximum penalty for this category is $25,000 for individuals or $50,000 for a person other than an individual (e.g. relevant corporation).

This penalty may be imposed for the following violations:

• Reasonable steps weren’t taken to obtain or provide information required for the transparency report or transparency declaration

• A transparency report or transparency declaration was not signed or certified in accordance with the Act

• A person failed to comply with a demand for information or demand for verification from an enforcement officer

• False or misleading information was provided to the enforcement officer or the administrator of the Act in documents other than a transparency declaration or transparency report

• An inspection by an enforcement officer was interfered with

• Information obtained by a reporting body or obtained from the Land Owner Transparency Registry was misused

For more information, refer to the Act.

Missed the November 30, 2022 reporting deadline

If you’re a pre-existing reporting body and missed the November 30, 2022 reporting deadline, then you’re in non-compliance with the Act and must file a transparency report immediately. Failure to file could lead to a review and penalties. 

The enforcement officer can exercise discretion in applying a penalty when you’re working in good faith to meet the requirements of the Act.

If actions are determined to be purposefully negligent, then you could face significant penalties.