Land Title Practice Manual

2 Application

In This Volume

  • 2 (1) [Repealed]
  • (2) An application under section 274 of the Act to cancel a bare land strata plan must be in the form required by the registrar, and must include
  • (a) the date of deposit of the plan in the land title office, its number and the description of the land within the plan,
  • (b) a statement as to whether the land is situated in a certain municipality or in a rural area,
  • (c) a statement of the improvements to and the occupation of the land in the plan,
  • (d) a statement of the assets, other than the common property, and the debts and liabilities of the strata corporation,
  • (e) proposals for the vesting or other disposition of the land in the plan, including the common property and improvements, upon cancellation,
  • (f) proposals for the vesting or other disposition of the assets of the strata corporation, other than the common property, upon cancellation,
  • (g) proposals for the winding up of the affairs of the strata corporation, including the discharge of all debts and liabilities, and
  • (h) the name, occupation and post office address of each owner and the description of the land owned by each owner.
  • (3) An application to cancel a bare land strata plan must, in addition to the documents required by section 274 of the Act, be accompanied by
  • (a) all documents that are required to carry out the proposals for vesting or other disposition of the land in the plan, and
  • (b) a copy of the notice referred to in section 2.1 of this regulation.
  • (4) Despite section 274 of the Act, an application to cancel a bare land strata plan need not be accompanied by a court order under section 273.1 or the written consent referred to in section 274(c)(i) if
  • (a) the bare land strata plan has fewer than five strata lots, and
  • (b) the registrar considers that the interests of holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, will not be affected by the cancellation.

[am. B.C. Reg. 206/2016.]