Public records

Public records are records that government bodies keep and make available to the public, such as land title records, BC Registry corporate filings, Personal Property Registry searches and court files. In British Columbia, access to records held by public bodies is governed by FOIPPA, while a business's use of personal information found in them is governed by PIPA.

How BC law treats it

Most public records a business uses come from registries created by specific statutes. The land title register under the Land Title Act, RSBC 1996, c 250 shows registered owners, mortgages, liens, easements and other charges. The BC Registry holds company filings under the Business Corporations Act, SBC 2002, c 57 (BCBCA), including the notice of articles, directors and annual reports. The Personal Property Registry under the Personal Property Security Act, RSBC 1996, c 359 shows security interests registered against a debtor. Court Services Online lists civil claims filed in the BC Supreme Court and Provincial Court. The Land Owner Transparency Registry shows interest holders behind many corporate and trust landowners. Records held by government that are not published through a registry can be requested under the Freedom of Information and Protection of Privacy Act, RSBC 1996, c 165 (FOIPPA). FOIPPA applies only to public bodies and contains exceptions, for example for third party business information and personal privacy. Private businesses do not have to comply with FOIPPA. Information being public does not end privacy obligations. A business that collects personal information from public sources must still follow the Personal Information Protection Act, SBC 2003, c 63 (PIPA). PIPA permits collection without consent only for information that is publicly available as defined by regulation, such as certain registry and directory information, and only for purposes consistent with why it was made public.

What it means for your business

Public record searches are the backbone of due diligence. Before buying a business, property or shares, lending money or signing a major contract, a business should search title, the corporate registry, the Personal Property Registry and court records to confirm who owns what, what is already pledged and whether the other side is being sued. These searches are cheap compared to the losses they prevent. Businesses that compile or reuse personal information from public sources should also check that PIPA permits the use. Example: Before lending $250,000 to a Kamloops trucking company, a lender searches the corporate registry to confirm the directors, the Personal Property Registry to see existing security over the trucks and Court Services Online for pending lawsuits. The searches show an existing bank security interest, so the lender negotiates a priority agreement.

Risks and common mistakes

Assuming a private business must comply with FOIPPA, when it applies to public bodies. Treating personal information found in public sources as free to use for any purpose under PIPA. Relying on an old search instead of updating searches immediately before closing. Searching the company name only and missing registrations against individual debtors or prior names. Skipping court record searches before a deal or a large contract.

Key authorities

Frequently asked questions

How do I search who owns a property in BC?

Order a title search through the Land Title and Survey Authority, for example through myLTSA. The title shows the registered owner and registered charges such as mortgages, liens and easements. The Land Owner Transparency Registry can identify individuals behind some corporate and trust owners.

Are BC company records public?

Yes, in part. The BC Registry makes a company's notice of articles, registered office, directors and filings available for a fee. Shareholder information and the company's internal records are generally not public, although the BCBCA gives certain persons inspection rights.

Can a business use personal information from public records?

Only within PIPA's limits. Information that is publicly available as defined by regulation can be collected without consent, but generally only for purposes consistent with why it was made public. Other uses usually need consent.

Need registry searches and due diligence before a deal? Talk to a Fulcrum lawyer.