Excluded corporations and other limited liability companies excluded from filing requirements

The Land Owner Transparency Act ("the Act") excludes specific types of corporations, and limited liability companies from filing a transparency report.

On this page

• Corporations listed on a designated stock exchange
• Corporations wholly owned by one or more Indigenous nations
• First Nations
• Strata corporations
• Savings institutions
• Corporations that are reporting issuers or equivalent
• Corporations incorporated or continued by an enactment
• Insurance companies
• Trust companies
• Pension fund societies
• Wholly owned subsidiaries of an excluded entity
• Health Sector organizations
• Education organizations
• Public Utilities
• Transportation Bodies
• Regulatory Bodies or Public Authorities
• Local Government Bodies
• Provincial government bodies
• Federal government bodies

Excluded corporations and limited liability companies

Corporations listed on a designated stock exchange

A corporation listed on a designated exchange is excluded from filing obligations. Not all stock exchanges are designated stock exchanges.

The federal Minister of Finance designates stock exchanges, in part or whole, under section 262 of the Income Tax Act (Canada).

Please refer to this list of Designated Stock Exchanges.

First Nations

First Nations (as defined in section 365.1 of the Land Title Act) that own land in their own name are exempt from filing requirements under the Land Owner Transparency Regulation.

Furthermore the Act does not apply to Indigenous land as identified in section 6 of the Act.

Corporations wholly owned by one or more Indigenous nations

A corporation that is wholly owned by one or more Indigenous nations is excluded from filing. Refer to the definition of an Indigenous nation under the Act.

For example, if A, B and C are Indigenous nations and together they own 100 percent of a corporation, then that corporation is excluded under LOTA. However, if a portion of a corporation is owned by a person or entity that does not fall under the definition of Indigenous nation in the Act, this exclusion does not apply.

Strata corporations

A strata corporation is a legal entity established by depositing a strata plan in a land title office. Strata corporations within the meaning of Strata Property Act are excluded from filing.

Savings institutions

Savings institutions are excluded from filing. According to the Interpretation Act, there are 4 types of savings institutions,

• Banks listed in Schedule I or II of the Bank Act (Canada)
• Credit unions or extraprovincial credit union that are authorized to carry on business under the Financial Institution Act. The BC Financial Service Authority provides a list of credit unions authorized to operate in B.C.
• Extraprovincial trust corporations must be authorized to carry on deposit business under the Financial Institution Act. The BC Financial Service Authority provides a list of trust companies authorized to operate in B.C.
  • Please see information about the exclusion for extraprovincial trust corporations below  
• Corporations that are loan companies to which the Trust and Loan Companies Act (Canada) applies and are also a subsidiary of a bank (see description of banks above). The federal Office of Superintendent of Financial Services has a list of loan companies regulated under the Trust and Loan Companies Act (Canada).

Corporations that are reporting issuers or equivalent

Corporations that are reporting issuers or are a reporting issuer equivalent in any Canadian jurisdiction, within the meaning of the Business Corporations Act, are excluded from filing.

The BC Securities Commission provides a list of Reporting Issuers.

Corporations incorporated or continued by an enactment

A corporation that is incorporated or continued by an enactment is excluded from filing obligations. This includes an Act of Canada or any province.

If this applies to your corporation, please specify the enactment that incorporated or continued your corporation in your email to LOTR enforcement.

Insurance companies

Insurance companies or extraprovincial insurance corporations authorized to carry on business under the Financial Institution Act are excluded from filing.

The BC Financial Service Authority provides a list of insurance companies authorized to operate in BC.

Trust companies

Trust companies are excluded from filing if they are authorized to carry on trust business under the Financial Institution Act or an extraprovincial trust corporation authorized to carry on trust business, deposit business or both, under the Financial Institution Act.  

The BC Financial Service Authority provides a list of trust companies authorized to operate in B.C.

Pension fund societies

Pension fund societies within the meaning of the Pension Fund Societies Act are excluded from filing.

Wholly owned subsidiaries of an excluded entity

An exclusion that applies to a corporation is also applicable to its wholly owned subsidiaries, within the meaning of the Business Corporations Act.

According to the Business Corporations Act, a corporation is a wholly owned subsidiary of another corporation if all of the issued shares of the first corporation are owned by that other corporation or another wholly owned subsidiary of that other corporation.

If this applies, please provide documentation that the corporation is wholly owned by an excluded corporation to LOTR Enforcement.

Health sector organizations

• Regional health boards designated under the Health Authorities Act are excluded
• Hospitals as defined under the Hospital Act are excluded
• Regional hospital districts and regional hospital district boards under the Hospital District Act are excluded
• British Columbia Emergency Health Services, as described in section 2 (1) of the Emergency Health Services Act, are excluded

Education organizations

• A university as defined in the University Act is excluded
• A university included within the meaning of an “educational body” under the Freedom of Information and Protection of Privacy Act is excluded
• An institution as defined in the College and Institute Act is excluded
• A board as defined under the School Act is excluded
• A francophone education authority as defined under the School Act is excluded
• A corporations that operate independent schools within the meaning of the Independent School Act is excluded
  • BC School & District Contact Information provides a searchable tool to identify independent schools that are part of the Education Data Exchange (EDX) program

Public utilities

Water utilities within the meaning of the Water Utility Act are excluded. This includes a person or business that owns or operates equipment or facilities for the delivery of domestic water service to five (5) or more persons or to a corporation for compensation. 

• This exclusion does not apply to the water service providers that are separated from the meaning of a water utility in the Water Utility Act, including a person who supplies water by a tanker truck and a strata corporation
• There are over 120 privately owned water utilities in B.C. If this exclusion applies to you, please include the name of your water utility regulated by the Water Utility Regulation Section to LOTR Enforcement. 

Transportation bodies

Designated airport authorities within the meaning of the Airport Transfer (Miscellaneous Matters) Act (Canada), are excluded.

• Transport Canada provides a list of all designated airport authorities 

Port authorities incorporated or continued under the Canada Marine Act are excluded from filing.

• Transport Canada provides a list of Canada Port Authorities

Regulatory and public bodies

• Governing bodies of a profession or occupation found in Schedule 3 of the Freedom of Information and Protection of Privacy Act are excluded from filing
• Public authorities designated through regulation are excluded from filing
• Public bodies identified in Schedule 2 of the Freedom of Information and Protection of Privacy Act are excluded from filing
• Local public bodies identified in Schedule 1 of the  Freedom of Information and Protection of Privacy Act which includes a social services body, that is, Community Living British Columbia are excluded from filing

Local government bodies

• Corporations incorporated by a municipality under section 185 of the Community Charter are excluded from filing
• Corporations incorporated by a regional district under section 265 of the Local Government Act are excluded from filing
• Local government bodies, as defined by the Freedom of Information and Protection of Privacy Act, are excluded from filing
• Find more information for local governments in the Land Owner Transparency Registry guide for local governments

Provincial government bodies

• Corporations are excluded if they're within the “government reporting entity” as defined in the Budget Transparency and Accountability Act. This includes, but is not limited to:
  • Corporations that are, under generally accepted accounting principles, considered to be controlled by a government organization
• Government corporations, as defined by the Financial Administration Act, are excluded. This includes, but is not limited to:
  • Corporations where 50% of its issued voting shares are owned by government, either directly or indirectly
  • Corporations that are controlled by government through a majority of corporate members or its board of directors or board of management consists of either or both of the following, (1) persons appointed as members by either the Lieutenant Governor in Council, by a minister or by an Act; and (2) public officers acting in their role
  • Agents of government identified under an Act
• Corporations incorporated, continued, or amalgamated by an enactment of a provincial government

For exclusions applicable to other provincial governments that own land in B.C., see Schedule 1, section 2 of the Act.

Federal government bodies

See Schedule 1, section 2 for a list of exclusions for the government of Canada.

Excluded trusts

Charitable trusts

Trusts are excluded if they were established exclusively for charitable purposes and have charitable activities that support those purposes. For more information on the definition of charitable purpose, see What is charitable?

The Canada Revenue Agency maintains a searchable database of charities and certain other qualified donees. Note: this list is not exhaustive and does not necessarily include all charitable trusts.

Testamentary trusts

A trust that is created at the moment of a person’s death, whether it is written into their will or because a court orders it, is excluded. Note that this exclusion applies only when the registered owner of the land owns the land in their capacity as trustee.

Alter ego trusts, joint spousal and common-law partner trusts

Alter ego trusts and joint spousal or common-law partner trusts within the meaning of the Income Tax Act are excluded.

Trusts the trustee of which is the Public Guardian and Trustee

A trust the trustee of which is the Public Guardian and Trustee is excluded.

Trusts the trustee of which is an administrator of an estate

A trust the trustee of which is an administrator of an estate is excluded from filing.

Note: estate administrators are not the same as executors. Estate administrators are appointed by the court under the Wills, Estates and Succession Act, while executors are usually named in a will.

Trusts in respect of a pension plan

A trust that has been created for the purposes of a pension plan registered under provincial or federal legislation is excluded. 

The BC Financial Services Authority has the following list of registered pension plans in B.C. and the Office of the Superintendent of Financial Institutions has the following list of federally regulated pension plans. A pension plan registered under pension legislation of a province other than B.C. is also excluded from filing.

Trusts in respect of a pooled registered pension plan

A trust that has been created for the purposes of a pooled registered pension plan, within the meaning of the Pooled Registered Pension Plans Act, is excluded.
 
The Office of the Superintendent of Financial Institutions has the following list of pooled registered pension plans. 

Trusts in respect of which each beneficiary is an Indigenous nation

A trust of which each beneficiary is an Indigenous nation is excluded. Refer to the definition of an Indigenous nation under the Act. 

For example, if A, B and C are Indigenous nations and together they are the only beneficiaries in a trust, then that trust is excluded under LOTA. However, if any beneficiary of the trust is a person or entity that does not fall under the definition of an Indigenous nation provided under the Act, this exclusion does not apply. 

Property vested in a person licensed or appointed under the Bankruptcy and Insolvency Act 

Property vested in a person licensed or appointed under the Bankruptcy and Insolvency Act is excluded.

The Office of the Superintendent of Bankruptcy has a list of licensed insolvency trustees.

Mutual fund trusts

Mutual fund trusts, as defined by the Income Tax Act, are excluded.

Specified investment flow-through trusts

Specified investment flow-through (SIFT) trusts, as defined by the Income Tax Act, are excluded.

Real estate investment trusts

Real estate investment (REIT) trusts, as defined by the Income Tax Act, are excluded.