242 Approval For Conversion Of Previously Occupied Buildings

• 242 (1) For the purposes of this section, “approving authority” means

• (a) the municipal council of the municipality if the land is located in a municipality,
• (b) the regional board of the regional district if the land is located in a regional district but not in a municipality and is neither Nisga’a Lands nor treaty lands of a treaty first nation,
• (c) the Nisga’a Village Government if the land is located within Nisga’a Village Lands,
• (d) the Nisga’a Lisims Government if the land is Nisga’a Lands other than Nisga’a Village Lands, or
• (e) the governing body of the treaty first nation if the land is located within the treaty lands of that treaty first nation.

• (2) If a person applying to deposit a strata plan wishes to include in the strata plan a previously occupied building, the person must submit the proposed strata plan to the approving authority.
• (3) The approving authority may

• (a) approve the strata plan, or approve the strata plan subject to terms and conditions, or
• (b) refuse to approve the strata plan, or refuse to approve the strata plan until terms and conditions imposed by the approving authority are met.

• (4) The decision of the approving authority under subsection (3) is final and may not be appealed.
• (5) The approving authority must not approve the strata plan unless the building substantially complies with the following:

• (a) the applicable bylaws of the municipality or regional district;
• (b) applicable Nisga’a Government laws;
• (b.1) the applicable laws of the treaty first nation;
• (c) the building regulations within the meaning of the Building Act, except, in relation to a treaty first nation that has entered into an agreement described in section 6 of that Act, to the extent that the agreement enables the treaty first nation to establish standards that are different from those established by the building regulations.

• (6) In making its decision, the approving authority must consider

• (a) the priority of rental accommodation over privately owned housing in the area,
• (b) any proposals for the relocation of persons occupying a residential building,
• (c) the life expectancy of the building,
• (d) projected major increases in maintenance costs due to the condition of the building, and
• any other matters that, in its opinion, are relevant.

• (7) If the approving authority approves the strata plan without terms and conditions, an authorized signatory of the approving authority must endorse the plan in accordance with the regulations.
• (8) If the approving authority approves the strata plan subject to terms and conditions, an authorized signatory of the approving authority must endorse the plan in accordance with the regulations once the terms and conditions have been met.
• (9) The endorsement must be dated not more than 180 days before the date the strata plan is tendered for deposit.
• (10) The approving authority may, by resolution, with respect to a specified type of previously occupied building,

• (a) delegate to an approving officer or other person designated in the resolution the exercise of the powers and performance of the duties of the approving authority under this section, and
• (b) impose limits or conditions on the exercise of the powers and performance of the duties delegated by the resolution.

• (11) This section does not apply to a strata plan that includes a previously occupied building if the person applying to deposit the strata plan is the government or the Crown in right of Canada.

1998-43-242, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-16, effective June 21, 2002 (B.C. Reg. 149/2002); 2007-36-170, 171, effective April 3, 2009 (B.C. Reg. 55/2009); 2015-2-60 (B.C. Reg. 172/2015).