In This Volume
-
Strata Property Act, S.B.C. 1998, c. 43
- Overview of the Strata Property Act [§56.1]
-
Legislation and Commentary [§56.2]
- Part 1—Definitions and Interpretation
- Overview of Part 1 [§56.3]
- 1 Definitions and interpretation [§56.4]
- Part 2—The Strata Corporation
- Overview of Part 2 [§56.5]
- 2 Establishment of strata corporation [§56.6]
- 3 Responsibilities of strata corporation [§56.7]
- 4 Strata corporation functions through council [§56.8]
- Part 3—The Owner Developer
- Overview of Part 3 [§56.9]
- Division 1—General
- 5 Owner developer’s control of strata corporation [§56.10]
- 6 Owner developer’s standard of care [§56.11]
- Division 2—The Owner Developer and the Strata Corporation Before Strata Lots Are Conveyed
- 7 Owner developer to pay expenses [§56.12]
- 8 Passing resolutions before first conveyance [§56.13]
- Division 3—The Owner Developer and the Strata Corporation After the First Conveyance
- 9 Owner developer may be restricted [§56.14]
- 10 Restriction on contracting powers [§56.15]
- 11 Passing resolutions after first conveyance [§56.16]
- 12 Owner developer to establish contingency reserve fund [§56.17]
- 13 Interim budget following first conveyance [§56.18]
- 14 Payments during period of interim budget [§56.19]
- 15 Minimum period of insurance coverage [§56.20]
- 16 First annual general meeting to be held by owner developer [§56.21]
- 17 Owners may hold first annual general meeting [§56.22]
- 18 Money owed by owner developer [§56.23]
- 19 Chair of first annual general meeting [§56.24]
- 20 Business at first annual general meeting [§56.25]
- 21 First annual budget requirements [§56.26]
- 22 Transfer to council [§56.27]
- 23 Access to owner developer’s financial records [§56.28]
- 24 Strata management contracts [§56.29]
- Part 4—Strata Corporation Governance
- Overview of Part 4 [§56.30]
- Division 1—The Council
- 25 Election of council [§56.31]
- 26 Council exercises powers and performs duties of strata corporation [§56.32]
- 27 Control of council [§56.33]
- 28 Eligibility for council [§56.34]
- 29 Membership on council [§56.35]
- 30 Contracts not invalidated [§56.36]
- 31 Council member’s standard of care [§56.37]
- 32 Disclosure of conflict of interest [§56.38]
- 33 Accountability [§56.39]
- 34 Approval of council member remuneration [§56.40]
- 34.1 Request for council hearing [§56.41]
- Division 2—Records
- 35 Strata corporation records [§56.42]
- 36 Access to records [§56.43]
- 37 Strata manager to return records [§56.44]
- Division 3—Contracts
- 38 Capacity to enter contracts and join organizations [§56.45]
- 39 Cancellation of strata management contracts [§56.46]
- Division 4—Annual General Meetings and Special General Meetings
- 40 Annual general meeting [§56.47]
- 41 Waiver of annual general meeting [§56.48]
- 42 Special general meeting called by strata corporation [§56.49]
- 43 Special general meeting called by voters [§56.50]
- 44 Waiver of special general meeting [§56.51]
- 45 Notice requirements for annual or special general meeting [§56.52]
- 46 Agenda and resolutions at an annual or special general meeting [§56.53]
- 47 Failure to give proper notice of meeting [§56.54]
- 48 Quorum for annual or special general meeting [§56.55]
- 49 Electronic attendance at meetings [§56.56]
- 50 Voting at annual or special general meetings [§56.57]
- 51 Reconsideration of resolution passed by 3/4 vote [§56.58]
- 52 Unanimous votes [§56.59]
- Division 5—Voting
- 53 Number of votes per strata lot [§56.60]
- 54 Voters [§56.61]
- 55 Special voters [§56.62]
- 56 Proxies [§56.63]
- 57 Shared vote [§56.64]
- 58 Court appointed voter [§56.65]
- Division 6—Information Certificate
- 59 Information Certificate [§56.66]
- Division 7—Giving Notice and Providing Information
- 60 Notice to mortgagee [§56.67]
- 61 Notice given by strata corporation [§56.68]
- 62 Address of strata corporation [§56.69]
- 63 Notice given to strata corporation [§56.70]
- 64 Legal service on strata corporation [§56.71]
- 65 Informing resident owners and tenants [§56.72]
- Part 5—Property
- Overview of Part 5 [§56.73]
- Division 1—General Property Matters
- 66 Ownership of property [§56.74]
- 67 Assessment and taxation [§56.75]
- 68 Strata lot boundaries [§56.76]
- 69 Implied easements [§56.77]
- 70 Changes to strata lot [§56.78]
- 71 Change in use of common property [§56.79]
- 72 Repair of property [§56.80]
- Division 2—Limited Common Property and Exclusive Use of Common Property
- 73 Designation of limited common property [§56.81]
- 74 Designation of limited common property by 3/4 vote [§56.82]
- 75 Removal of designation of limited common property [§56.83]
- 76 Short term exclusive use [§56.84]
- 77 Access to common property by strata corporation [§56.85]
- Division 3—Property Acquisition and Disposal
- 78 Acquisition of land by strata corporation [§56.86]
- 79 Disposal of land held in strata corporation’s name [§56.87]
- 80 Disposal of common property [§56.88]
- 81 Strata corporation must not mortgage common property [§56.89]
- 82 Acquisition and disposal of personal property by strata corporation [§56.90]
- Division 4—Work Orders
- 83 Work order against strata corporation property [§56.91]
- 84 Work order against strata lot [§56.92]
- 85 Owner’s failure to comply with work order [§56.93]
- Division 5—Builders Liens and Other Charges
- 86 Builders Lien Act applies [§56.94]
- 87 Builders liens against strata lots in phased strata plans [§56.95]
- 88 Builders lien after purchase from owner developer [§56.96]
- 89 Removal of claim of lien after purchase from owner developer [§56.97]
- 90 Removal of liens and other charges [§56.98]
- Part 6—Finances
- Overview of Part 6 [§56.99]
- Division 1—Operating Fund and Contingency Reserve Fund
- 91 Strata corporation responsible for common expenses [§56.100]
- 92 Operating fund and contingency reserve fund [§56.101]
- 93 Minimum and maximum contributions to contingency reserve fund [§56.102]
- 94 Depreciation report [§56.103]
- 95 Management of contingency reserve fund [§56.104]
- 96 Expenditures from contingency reserve fund [§56.105]
- 97 Expenditures from operating fund [§56.106]
- 98 Unapproved expenditures [§56.107]
- Division 2—Contribution to Expenses
- 99 Calculating strata fees [§56.108]
- 100 Change to basis for calculation of contribution [§56.109]
- 101 No return of contributions on sale of strata lot [§56.110]
- Division 3—Budgets
- 102 Change of fiscal year end [§56.111]
- 103 Budget requirements [§56.112]
- 104 Failure to approve budget [§56.113]
- 105 Budget surpluses and deficits [§56.114]
- 106 Informing owners of strata fees [§56.115]
- 107 Payment of strata fees [§56.116]
- Division 4—Special Levies and User Fees
- 108 Special levy [§56.117]
- 109 Payment of special levy when strata lot sold [§56.118]
- 110 User fees [§56.119]
- Division 5—Borrowing Powers of Strata Corporation
- 111 Strata corporation may borrow [§56.120]
- Division 6—Money Owing to Strata Corporation
- 112 Notice to owner or tenant of money owing to strata corporation [§56.121]
- 113 Notice to mortgagee [§56.122]
- 114 Disputed debt [§56.123]
- 115 Certificate of Payment [§56.124]
- 116 Certificate of Lien [§56.125]
- 117 Forced sale of owner’s strata lot to collect money owing [§56.126]
- 118 Costs added to amount owing [§56.127]
- Part 7—Bylaws and Rules
- Overview of Part 7 [§56.128]
- Division 1—General
- 119 Nature of bylaws [§56.129]
- 120 Standard Bylaws [§56.130]
- 121 Unenforceable bylaws [§56.131]
- 122 Bylaws relating to sale of strata lot [§56.132]
- 123 Limits to pet and age bylaws [§56.133]
- 124 Voluntary dispute resolution bylaw [§56.134]
- 125 Rules [§56.135]
- Division 2—Amending the Bylaws
- 126 Amendment of bylaws [§56.136]
- 127 Amendment of bylaws before first annual general meeting [§56.137]
- 128 Bylaw amendment procedures [§56.138]
- Division 3—Enforcing the Bylaws and Rules
- 129 Enforcement options [§56.139]
- 130 Fines [§56.140]
- 131 Landlord’s and owner’s responsibility for fines and costs incurred by tenant [§56.141]
- 132 Maximum fines [§56.142]
- 133 Strata corporation may remedy a contravention [§56.143]
- 134 Denial of access to recreational facility [§56.144]
- 135 Complaint, right to answer and notice of decision [§56.145]
- 136 Complaint against council member [§56.146]
- 137 Eviction by landlord [§56.147]
- 138 Eviction by strata corporation [§56.148]
- Part 8—Rentals
- Overview of Part 8 [§56.149]
- 139 Rental disclosure by owner developer [§56.150]
- 140 Contravention of disclosure requirements [§56.151]
- 141 Restriction of rentals by strata corporation [§56.152]
- 142 Limits to rental restriction bylaws [§56.153]
- 143 Rental restriction bylaw does not immediately apply to some strata lots [§56.154]
- 144 Exemption from rental restriction bylaw [§56.155]
- 145 Rental agreement in contravention of rental restriction bylaw [§56.156]
- 146 Landlord to give bylaws, rules and Notice of Tenant’s Responsibilities to tenant [§56.157]
- 147 Assignment of powers and duties to tenant [§56.158]
- 148 Long term lease [§56.159]
- Part 9—Insurance
- Overview of Part 9 [§56.160]
- 149 Property insurance required for strata corporation [§56.161]
- 150 Liability insurance required for strata corporation [§56.162]
- 151 Errors and omissions insurance [§56.163]
- 152 Optional strata corporation insurance [§56.164]
- 153 Insurable interest [§56.165]
- 154 Review and report on insurance [§56.166]
- 155 Named insureds [§56.167]
- 156 Payment of insurance proceeds [§56.168]
- 157 Application of insurance money [§56.169]
- 158 Insurance deductible [§56.170]
- 159 Decision not to repair or replace [§56.171]
- 160 Court orders [§56.172]
- 161 Owner’s insurance [§56.173]
- 162 Contribution [§56.174]
- Part 10—Legal Proceedings and Dispute Resolution
- Overview of Part 10 [§56.175]
- Division 1—Suits Against the Strata Corporation
- 163 Strata corporation may be sued [§56.176]
- 164 Preventing or remedying unfair acts [§56.177]
- 165 Other court remedies [§56.178]
- 166 Owner’s liability for judgment against strata corporation [§56.179]
- 167 Defending suits [§56.180]
- 168 Strata corporation may join owner [§56.181]
- 169 Limit on owner’s responsibility for costs [§56.182]
- Division 2—Suits by the Strata Corporation
- 170 Suits against owners [§56.183]
- 171 Strata corporation may sue as representative of all owners [§56.184]
- 172 Strata corporation may sue on behalf of some owners [§56.185]
- 173 Other court remedies [§56.186]
- Division 2.1—Validity of Suits and Arbitrations
- 173.1 Validity of suits and arbitrations undertaken by strata corporation [§56.187]
- Division 3—Administrator of Strata Corporation
- 174 Appointment of administrator [§56.188]
- Division 4—Arbitration
- 175 Application of this Division [§56.189]
- 176 Suit requirements and procedures apply [§56.190]
- 177 Disputes that can be arbitrated [§56.191]
- 178 Effect of court proceedings on arbitration [§56.192]
- 178.1 Effect of tribunal proceeding on arbitration [§56.193]
- 179 Beginning arbitration [§56.194]
- 180 Consolidation of disputes [§56.195]
- 181 Mediation [§56.196]
- 182 Notice of arbitration [§56.197]
- 183 Arbitration procedures [§56.198]
- 184 Examination and evidence [§56.199]
- 185 Arbitrator’s decision [§56.200]
- 186 Costs [§56.201]
- 187 Decision final [§56.202]
- 188 Appeal to court [§56.203]
- 189 Enforcement of decision [§56.204]
- Division 5—Civil Resolution Tribunal
- 189.1 Strata corporations, owners and tenants initiating tribunal proceeding [§56.205]
- 189.4 Suit requirements and procedures apply [§56.206]
- 189.6 [Repealed] [§56.207]
- Part 11—Sections
- Overview of Part 11 [§56.208]
- 190 Act applies to strata corporation with sections [§56.209]
- 191 Sections allowed [§56.210]
- 192 Creation of sections by owner developer [§56.211]
- 193 Creation or cancellation of sections by strata corporation [§56.212]
- 194 Powers and duties of section [§56.213]
- 195 Expenses of section [§56.214]
- 196 Administration of section [§56.215]
- 197 Bylaws and rules for section [§56.216]
- 198 Judgments against strata corporation relating to section [§56.217]
- Part 12—Leasehold Strata Plans
- Overview of Part 12 [§56.218]
- 199 Definitions [§56.219]
- 200 Act applies to leasehold strata plans [§56.220]
- 201 Deposit of leasehold strata plan [§56.221]
- 202 New indefeasible title [§56.222]
- 203 Conversion of ground lease [§56.223]
- 204 Signature of leasehold landlord not required [§56.224]
- 205 Obligations under strata lot lease [§56.225]
- 206 Restrictions on lease, assignment or occupancy of strata lot [§56.226]
- 207 Change to restrictions [§56.227]
- 208 Duties of strata corporation [§56.228]
- 209 Leasehold landlord’s remedies on leasehold tenant’s default [§56.229]
- 210 Renewal of strata lot lease [§56.230]
- 211 Renewal terms [§56.231]
- 212 Renewal of fewer than 2/3 of strata lot leases [§56.232]
- 213 Destruction of buildings [§56.233]
- 214 Purchase of leasehold tenant’s interest on termination [§56.234]
- 215 Cancellation of strata plan [§56.235]
- 216 Conversion to freehold strata plan [§56.236]
- Part 13—Phased Strata Plans
- Overview of Part 13 [§56.237]
- 217 Definition [§56.238]
- 218 Act applies to phased strata plan [§56.239]
- 219 Owner developer in phased strata plan [§56.240]
- 220 Transfer of owner developer’s interest [§56.241]
- 221 Deposit of phased strata plan in land title office [§56.242]
- 222 Approval of Phased Strata Plan Declaration [§56.243]
- 223 Security for common facilities [§56.244]
- 224 Approval of phase [§56.245]
- 225 Approving officer’s approval for common facilities [§56.246]
- 226 Release of security [§56.247]
- 227 Owner developer’s contribution to expenses [§56.248]
- 228 Effect of deposit of phase [§56.249]
- 229 Notification of deposit of subsequent phase [§56.250]
- 230 Annual general meeting after deposit of subsequent phase [§56.251]
- 231 Deemed election to proceed [§56.252]
- 232 Amendment of declaration to extend time for election [§56.253]
- 233 Other amendments to declaration [§56.254]
- 234 Matters that apply to amendment of declaration [§56.255]
- 235 Election not to proceed [§56.256]
- 236 Delay in proceeding [§56.257]
- 237 Development after election not to proceed requires approval [§56.258]
- 238 Building permit [§56.259]
- Part 14—Land Titles
- Overview of Part 14 [§56.260]
- 239 Effect of deposit of strata plan [§56.261]
- 240 Title requirements for deposit of strata plan [§56.262]
- 241 Endorsement of nonoccupancy [§56.263]
- 242 Approval for conversion of previously occupied buildings [§56.264]
- 243 Approval of bare land strata plan [§56.265]
- 244 Strata plan requirements [§56.266]
- 245 Strata plans: accompanying documents [§56.267]
- 246 Schedule of Unit Entitlement [§56.268]
- 247 Schedule of Voting Rights not approved by superintendent [§56.269]
- 248 Schedule of Voting Rights approved by superintendent [§56.270]
- 249 Registrar must deposit [§56.271]
- 250 General index [§56.272]
- 251 Common property [§56.273]
- 252 Common property record [§56.274]
- 253 Subdivision of common property [§56.275]
- 254 Certificate of Strata Corporation [§56.276]
- 255 Acquisition of land [§56.277]
- 256 Certificate of Payment required [§56.278]
- Part 15—Strata Plan Amendment and Amalgamation
- Overview of Part 15 [§56.279]
- Division 1—Strata Plan Amendment
- 257 Amending strata plan to designate limited common property [§56.280]
- 258 Parking designated by owner developer as limited common property [§56.281]
- 259 Amending strata plan to add to, consolidate or divide a strata lot [§56.282]
- 260 Exceptions to requirement for unanimous vote [§56.283]
- 261 Amending Schedule of Unit Entitlement [§56.284]
- 262 Amending strata plan to make land held by strata corporation into new strata lot [§56.285]
- 263 Amending strata plan to add a strata lot to common property [§56.286]
- 264 Calculation of unit entitlement and voting rights following amendment [§56.287]
- 265 Amending strata plan to make common property into land held by the strata corporation [§56.288]
- 266 Amending strata plan to add land held by strata corporation to the common property [§56.289]
- 267 Registrar’s duties on amendment [§56.290]
- 268 Easements following amendment [§56.291]
- Division 2—Amalgamation
- 269 Amalgamation [§56.292]
- 270 Registrar’s duties on amalgamation [§56.293]
- 271 Effect of amalgamation [§56.294]
- Part 16—Cancellation of Strata Plan and Winding Up of Strata Corporation
- Overview of Part 16 [§56.295]
- Division 1—Voluntary Winding Up Without Liquidator
- 272 Vote to cancel strata plan and become tenants in common [§56.296]
- 273 Conversion schedule [§56.297]
- 273.1 Confirmation by court of winding-up resolution [§56.298]
- 274 Application to registrar [§56.299]
- 275 Registrar’s order [§56.300]
- Division 2—Voluntary Winding Up With Liquidator
- 276 Application of the Business Corporations Act to voluntary winding up of strata corporation [§56.301]
- 276.1 Disposal of books and papers of strata corporation [§56.302]
- 277 Appointment of liquidator [§56.303]
- 278 Interest schedule [§56.304]
- 278.1 Confirmation by court of winding-up resolution [§56.305]
- 279 Vesting order [§56.306]
- 280 Filing vesting order [§56.307]
- 281 Effect of filing vesting order [§56.308]
- 282 Approval of disposition [§56.309]
- 283 Filing of application for dissolution [§56.310]
- Division 3—Court Ordered Winding Up
- 284 Application for court order to wind up strata corporation [§56.311]
- 285 Winding up [§56.312]
- Division 4—General
- 286 Application [§56.313]
- 287 Plan cancellation provisions of Land Title Act do not apply [§56.314]
- 288 Delivery of duplicate title [§56.315]
- 289 Priorities must be resolved [§56.316]
- Part 17—General
- Overview of Part 17 [§56.317]
- 290 Offences [§56.318]
- 291 Application of other laws [§56.319]
- 292 Power to make regulations [§56.320]
- 293 Transitional [§56.321]
- Schedule of Standard Bylaws
- Overview of Schedule of Standard Bylaws [§56.322]
- Division 1—Duties of Owners, Tenants, Occupants and Visitors
- 1 Payment of strata fees [§56.323]
- 2 Repair and maintenance of property by owner [§56.324]
- 3 Use of property [§56.325]
- 4 Inform strata corporation [§56.326]
- 5 Obtain approval before altering a strata lot [§56.327]
- 6 Obtain approval before altering common property [§56.328]
- 7 Permit entry to strata lot [§56.329]
- Division 2—Powers and Duties of Strata Corporation
- 8 Repair and maintenance of property by strata corporation [§56.330]
- Division 3—Council
- 9 Council size [§56.331]
- 10 Council members’ terms [§56.332]
- 11 Removing council member [§56.333]
- 12 Replacing council member [§56.334]
- 13 Officers [§56.335]
- 14 Calling council meetings [§56.336]
- 15 [Repealed] [§56.337]
- 16 Quorum of council [§56.338]
- 17 Council meetings [§56.339]
- 18 Voting at council meetings [§56.340]
- 19 Council to inform owners of minutes [§56.341]
- 20 Delegation of council’s powers and duties [§56.342]
- 21 Spending restrictions [§56.343]
- 22 Limitation on liability of council member [§56.344]
- Division 4—Enforcement of Bylaws and Rules
- 23 Maximum fine [§56.345]
- 24 Continuing contravention [§56.346]
- Division 5—Annual and Special General Meetings
- 25 Person to chair meeting [§56.347]
- 26 Participation by other than eligible voters [§56.348]
- 27 Voting [§56.349]
- 28 Order of business [§56.350]
- Division 6—Voluntary Dispute Resolution
- 29 Voluntary dispute resolution [§56.351]
- Division 7—Marketing Activities by Owner Developer
- 30 Display lot [§56.352]
-
Strata Property Regulations
- Overview of the Strata Property Regulations [§57.1]
-
Strata Property Regulation, B.C. Reg. 43/2000 [§57.2]
- Part 1—Definitions and Interpretation
- 1.1 Definitions [§57.3]
- Part 2—The Strata Corporation
- No Sections [§57.4]
- Part 3—The Owner Developer
- 3.1 Amounts payable to strata corporation [§57.5]
- 3.2 List of contractors and subcontractors [§57.6]
- 3.3 Budget and financial statement requirements for owner developer [§57.7]
- 3.4 Contingency reserve fund contribution in first annual budget [§57.8]
- Part 4—Strata Corporation Governance
- 4.01 Definition for section 34.1 of the Act [§57.9]
- 4.1 Preparation and retention of records [§57.10]
- 4.2 Maximum fees for records [§57.11]
- 4.3 Payment for failure to return records [§57.12]
- 4.4 Maximum fee for Information Certificate [§57.13]
- 4.5 Expiry of Mortgagee’s Request for Notification [§57.14]
- Part 5—Property
- 5.1 Minor changes to strata lot size [§57.15]
- 5.2 Amount of builders lien holdback [§57.16]
- Part 6—Finances
- 6.1 Contributions to contingency reserve fund [§57.17]
- 6.2 Depreciation report [§57.18]
- 6.3 Management of contingency reserve fund [§57.19]
- 6.4 Formulas for sharing operating expenses for limited common property and types of strata lots [§57.20]
- 6.5 Formulas for sharing operating expenses and special levies relating to strata lots [§57.21]
- 6.6 Budget requirements [§57.22]
- 6.7 Financial statement requirements [§57.23]
- 6.8 Maximum amount of interest for late strata fees [§57.24]
- 6.9 User fees for the use of common property or common assets [§57.25]
- 6.10 Maximum fee for Certificate of Payment [§57.26]
- 6.11 Permitted investments for money held in contingency reserve fund and collected on special levies [§57.27]
- 6.12 [Repealed] [§57.28]
- 6.13 Definition for section 98 of the Act [§57.29]
- Part 7—Bylaws and Rules
- 7.1 Maximum fines [§57.30]
- 7.2 Definition for section 135 of the Act [§57.31]
- Part 8—Rentals
- 8.1 Definitions for section 142 of the Act [§57.32]
- 8.2 Definition for section 144 of the Act [§57.33]
- 8.3 Fees for filing or copy of Rental Disclosure Statement [§57.34]
- Part 9—Insurance
- 9.1 Definitions for section 149 of the Act [§57.35]
- 9.2 Minimum liability insurance [§57.36]
- 9.3 Filing of court orders under section 160 of the Act [§57.37]
- Part 10—Legal Proceedings and Arbitration
- 10.1 Filing of order appointing administrator [§57.38]
- Part 11—Sections
- 11.1 Different types of residential strata lots for the purpose of creating sections [§57.39]
- 11.2 Formulas for sharing operating expenses for limited common property and types of strata lots in sections [§57.40]
- 11.3 Formulas for sharing operating expenses and special levies relating to strata lots in sections [§57.41]
- Part 12—Leasehold Strata Plans
- 12.1 Definitions for section 199 of the Act [§57.42]
- Part 13—Phased Strata Plans
- 13.1 Fees for phased developments [§57.43]
- 13.2 Bylaws in phased developments [§57.44]
- 13.3 Restrictions on changing the basis for sharing common expenses and amending bylaws [§57.45]
- 13.4 Owner developer’s obligations from Part 3 of the Act [§57.46]
- 13.5 Annual general meeting after deposit of subsequent phase [§57.47]
- 13.6 Amendment of strata plan by owner developer [§57.48]
- Part 14—Land Titles
- 14.1 Definitions for sections 241 and 242 of the Act [§57.49]
- 14.2 Definition for section 246 of the Act [§57.50]
- 14.3 Form of strata plan [§57.51]
- 14.4 Strata plan requirements [§57.52]
- 14.5 Approvals and endorsements [§57.53]
- 14.6 Accompanying documents [§57.54]
- 14.7 Form of documents [§57.55]
- 14.8 Fees payable to superintendent [§57.56]
- 14.9 Application to deposit strata plan [§57.57]
- 14.10 Endorsement by registrar [§57.58]
- 14.11 Indefeasible title [§57.59]
- 14.12 Correction of errors [§57.60]
- 14.13 Court ordered amendments to Schedule of Unit Entitlement [§57.61]
- 14.14 Notation on common property record [§57.62]
- Part 15—Strata Plan Amendment and Amalgamation
- No Sections [§57.63]
- Part 16—Cancellation of Strata Plan and Winding Up of Strata Corporation
- 16.1 Cancellation of strata plan [§57.64]
- Part 17—General
- 17.1 Definitions [§57.65]
- 17.2 Strata corporation name [§57.66]
- 17.3 Application of Part 3 of the Act [§57.67]
- 17.4 Time to comply with requirements [§57.68]
- 17.6 Bare land strata plan easements [§57.69]
- 17.7 Short term exclusive use [§57.70]
- 17.8 Certificate of Payment [§57.71]
- 17.9 Payment of strata fees [§57.72]
- 17.10 Rules [§57.73]
- 17.11 Bylaws [§57.74]
- 17.12 Bylaws respecting pets [§57.75]
- 17.13 Types of strata lots [§57.76]
- 17.14 Rental disclosure by owner developer [§57.77]
- 17.16 Arbitration [§57.78]
- 17.17 Phased developments [§57.79]
- 17.18 Conversions [§57.80]
- 17.19 Parking designated by owner developer [§57.81]
- 17.20 Plan amendments—effect on schedule of interest on destruction [§57.82]
- 17.21 Amalgamations—effect on schedule of interest on destruction [§57.83]
- 17.22 Change to basis for determining interest on destruction [§57.84]
- 17.23 General meetings during state of emergency [§57.85]
- Part 18—Definitions for Standard Bylaws
- 18.1 [Repealed] [§57.86]
-
Bare Land Strata Regulations, B.C. Reg. 75/78 (O.C. 418/78) [§57.87]
- Interpretation
- 1 Definitions [§57.88]
- General
- 2 Approval of Plan [§57.89]
- 3 Requirements for approval [§57.90]
- 4 Improvement districts to be notified of approval [§57.91]
- Highways
- 5 Highways and highway access must be considered [§57.92]
- Access Routes
- 6 No approval if access routes insufficient [§57.93]
- 7 No approval if access routes encroach on lots [§57.94]
- Access Generally
- 8 General requirements [§57.95]
- 9 If plan land adjoins body of water [§57.96]
- 10 Registration of plan dedicates highway access land [§57.97]
- 11 Controlled access highways [§57.98]
- Off-Site Services
- 12 Water and sewers [§57.99]
- 13 On-Site Services [§57.100]
- 14 Water and sewer easements, licences and permits [§57.101]
- 15 Easements for water, sewer and drainage required [§57.102]
- 16 Exemption from requirements of section 13 [§57.103]
- Vehicle Parking
- 17 Common parking property [§57.104]
- Approval
- 18 Form of approval [§57.105]
- Submission of Plans for Approval
- 19 Submission and inspection of plans [§57.106]
- 20 Deposit of plans [§57.107]
- 21 Conditional approval [§57.108]
- Bare Land Strata Plan Cancellation Regulation, B.C. Reg. 556/82 (O.C. 2238/82) [§57.109]
-
Strata Property Forms
- Overview of Strata Property Forms [§58.1]
-
Forms [§58.2]
- Form A [§58.3]
- Form B [§58.4]
- Form C [§58.5]
- Form D [§58.6]
- Form E [§58.7]
- Form F [§58.8]
- Form G [§58.9]
- Form H [§58.10]
- Form I [§58.11]
- Form J [§58.12]
- Form K [§58.13]
- Form L [§58.14]
- Form M [§58.15]
- Form N [§58.16]
- Form O [§58.17]
- Form P [§58.18]
- Form Q [§58.19]
- Form R [§58.20]
- Form S [§58.21]
- Form T [§58.22]
- Form U [§58.23]
- Form V [§58.24]
- Form W [§58.25]
- Form X [§58.26]
- Form Y [§58.27]
- Form Z [§58.28]
- Form Z.1 [§58.29]
- Strata Property Index
-
Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448
- Overview of the Taxation (Rural Area) Act [§60.1]
-
Legislation and Commentary [§60.2]
- 1 Definitions [§60.3]
- 30 Lien for taxes [§60.4]
- 30.1 Lien for taxes respecting Crown land [§60.5]
- 31 Effect of sale of real or personal property subject to lien [§60.6]
- 32 Unpaid taxes constitute first charge [§60.7]
- 37 Certificate may be filed in court [§60.8]
- 39 Forfeiture for unpaid taxes [§60.9]
- 40 Vesting of property in former owner [§60.10]
- 41 Registrar of land title office [§60.11]
- 43 [Repealed] [§60.12]
- 44 Power to cancel official survey of forfeited property [§60.13]
- 45 Recovery of taxes on municipal land [§60.14]
- 46 Powers for recovery of taxes [§60.15]
-
Treaty First Nation Taxation Act, S.B.C. 2007, c. 38
- Overview of the Treaty First Nation Taxation Act [§61.1]
-
Legislation and Commentary [§61.2]
- 1 Definitions [§61.3]
- 2 Intention to impose property taxes [§61.4]
- 3 Authority to tax non-member owners and occupiers and provide exemptions [§61.5]
- 4 Property tax exemptions [§61.6]
- 4.1 Adjustments to taxes [§61.7]
- 4.2 Exemptions from treaty first nation taxation [§61.8]
- 5 Treaty first nation delegation [§61.9]
- 6 Publication of Real Property Tax Co-ordination Agreement [§61.10]
- 7 Section 5 of the Offence Act [§61.11]
- 7.1 Regulations [§61.12]
-
Trustees, Personal Representatives, and Trustees in Bankruptcy
- Overview of Acts [§62.1]
-
Trustee Act, R.S.B.C. 1996, c. 464 [§62.2]
- Overview of the Trustee Act [§62.3]
-
Legislation and Commentary [§62.4]
- 1 Definitions and interpretation [§62.5]
- 2 Application [§62.6]
- 5 Power to sell vested in trustee for sale [§62.7]
- 11 Power to spend money on repairs and improvements [§62.8]
- 12 Powers of trustees may be exercised by survivor [§62.9]
- 15.1 Investment of trust property [§62.10]
- 17.1 Corporate trustee not to invest trust money in own securities [§62.11]
- 25 Sale of property to maintain infant [§62.12]
- 27 Power to appoint new trustees [§62.13]
- 28 Retirement of trustee [§62.14]
- 29 Vesting of trust property in trustees [§62.15]
- 30 Removal of trustees on application [§62.16]
- 31 Power of court to appoint new trustees [§62.17]
- 59 Order for vesting estate on refusal of trustee to convey or release [§62.18]
- 61 Power to convey in place of mortgagee [§62.19]
- 62 Power to appoint person to convey [§62.20]
- 71 Inheritance if person holds in trust or by mortgage [§62.21]
- 72 Conveyance of real estate or agreement for sale by deceased [§62.22]
- 73 Court to declare trusts in certain cases [§62.23]
- 81 Court may order vesting of estate after decree or order for sale [§62.24]
-
Estate Administration Act, R.S.B.C. 1996, c. 122 [§62.25]
- Overview of the Estate Administration Act [§62.26]
-
Legislation and Commentary [§62.27]
- Part 1—General
- 1 Definitions [§62.28]
- 2 Application of Act [§62.29]
- Part 4—Discharge of Personal Representatives
- Overview of Part 4 [§62.30]
- 31 Vesting of estate in new personal representative [§62.31]
- Part 5—Official Administrators
- Overview of Part 5 [§62.32]
- Part 7—Powers, Duties and Liabilities of Executors and Administrators
- Overview of Part 7 [§62.33]
- 64 Executors of executors [§62.34]
- 67 Raising money when no express power in will [§62.35]
- Part 9—Devolution of Real Estate
- 77 Devolution of real estate to personal representatives [§62.36]
- 78 Administration of real estate [§62.37]
- 79 Transfer by personal representative to beneficiary [§62.38]
- Part 10—Distribution of Intestate Estate
- Overview of Part 10 [§62.39]
- 81 Definitions [§62.40]
- 82 Application of Part and amendments to Part [§62.41]
- 83 Intestate leaving spouse but no issue [§62.42]
- 84 Intestate leaving issue [§62.43]
- 85 Intestate leaving spouse and issue [§62.44]
- 85.1 Spousal share if 2 or more persons are entitled as spouse [§62.45]
- 86 Estate going to parents [§62.46]
- 87 Estate going to brothers and sisters [§62.47]
- 88 Estate going to nieces and nephews [§62.48]
- 89 Estate going to next of kin [§62.49]
- 90 Kindred and half blood [§62.50]
- 96 Spousal home and household furnishings to spouse [§62.51]
- 98 Separation of spouses as a bar [§62.52]
- Estate Administration Act Appendix [§62.53]
-
Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 [§62.55]
- Overview of the Bankruptcy and Insolvency Act [§62.56]
-
Legislation and Commentary [§62.57]
- 20 Divesting of property by trustee [§62.58]
- 30(1) Powers exercisable by trustee with permission of inspectors [§62.59]
- 31(1) Borrowing powers with permission of court [§62.60]
- 66(1) Act to apply [§62.61]
- 70(1) Precedence of bankruptcy orders and assignments [§62.62]
- 71 Vesting of property in trustee [§62.63]
- 74 Registration of bankruptcy order or assignment [§62.64]
- 75 Law of province to apply in favour of purchaser for value [§62.65]
- 84 Effect of sales by trustee [§62.66]
- 130 Creditor may require trustee to elect to exercise power [§62.67]
- 178 Debts not released by order of discharge [§62.68]
- 230 Assignments of debtor’s property to clerk [§62.69]
- Presumption of Death Act, R.S.B.C. 1996, c. 144 [§62.70]
- Trustee (Church Property) Act, R.S.B.C. 1996, c. 465 [§62.80]
- United Church of Canada Act, S.B.C. 1924, c. 50 [§62.84]
-
Wills, Estates and Succession Act, S.B.C. 2009, c. 13 [§62.88]
- Overview of the Wills, Estates and Succession Act [§62.89]
-
Legislation and Commentary [§62.90]
- Part 1—Definitions and Interpretation
- 1 Definitions and interpretation [§62.91]
- Part 2—Fundamental Rules
- Overview of Part 2 [§62.92]
- Division 1—Meaning of Spouse, Effect of Adoption and Construction of Instruments
- 2 When a person is a spouse under this Act [§62.93]
- Division 2—Survivorship Rules
- 5 Fundamental rule—when persons die simultaneously [§62.94]
- 6 General presumption—disposition of property on simultaneous deaths [§62.95]
- 10 Five-day survival rule [§62.96]
- Part 3—When a Person Dies Without a Will
- Overview of Part 3 [§62.97]
- 19 Uniform interpretation with laws of other provinces [§62.98]
- Division 1—Distribution of Estate When There Is No Will
- 20 Spouse but no descendants [§62.99]
- 21 Spouse and descendants [§62.100]
- 22 Two or more spouses [§62.101]
- 23 No spouse but intestate leaving descendants or relatives [§62.102]
- 24 Distribution to descendants [§62.103]
- 25 Partial intestacy [§62.104]
- Division 2—Spousal Home
- 26 Right to spousal home [§62.105]
- 27 Notice by personal representative [§62.106]
- 28 Prohibition on disposing of spousal home [§62.107]
- 33 Retention of spousal home [§62.108]
- 34 Registrable charges [§62.109]
- 35 Circumstances when registrable charge becomes payable [§62.110]
- Part 4—Wills
- Overview of Part 4 [§62.111]
- 35.1 Definitions [§62.112]
- 35.2 Electronic presence [§62.113]
- 45 Gift of land contemplating division [§62.114]
- 47 Property encumbered by security interest [§62.115]
- Division 6—Variation of Wills
- 60 Maintenance from estate [§62.116]
- 61 Time limit and service [§62.117]
- 68 Effect of order [§62.118]
- 69 Registration of title [§62.119]
- Part 6—Administration of Estates
- Overview of Part 6 [§62.120]
- Division 1—Application of This Part and Vesting of Property
- 101 Application [§62.121]
- 102 Vesting of property on death [§62.122]
- 103 Administration pending legal proceedings [§62.123]
- Division 7—Personal Representatives—Powers, Duties and Liabilities
- Overview of Division 7 [§62.124]
- 142 Personal representatives—general authority [§62.125]
- 145 Executor of deceased executor [§62.126]
- 148 Disposition by executors who do not renounce or join application for grant of probate [§62.127]
- Division 8—Personal Representatives—Legal Liability and Legal Proceedings
- 155 Distribution of estate [§62.128]
- Division 9—Discharge, Removal and Substitution of Personal Representatives
- Overview of Division 9 [§62.129]
- 160 Vesting of estate in personal representative [§62.130]
- 161 Former personal representative to facilitate property and document transfer [§62.131]
- Division 10—Devolution of Land
- 162 Devolution and administration of land [§62.132]
- 163 Transfer of land to beneficiary may be subject to a charge [§62.133]
- Division 11—Public Guardian and Trustee
- Overview of Part 6, Division 11 [§62.134]
- Appendix [§62.135]
-
Vancouver Charter, S.B.C. 1953, c. 55
- Overview of the Vancouver Charter [§63.1]
-
Legislation and Commentary [§63.2]
- 2 Interpretation [§63.3]
- 2.1 Application of specified municipal enactments [§63.4]
- 6 The city a corporation [§63.5]
- Part III—The Council and its General Powers
- 190 Council may acquire property [§63.6]
- 193 Power to undertake housing development [§63.7]
- 193A Power to acquire property for commercial or industrial development [§63.8]
- 193B Power to acquire property for improvement or rehabilitation [§63.9]
- 193C Power to achieve heritage purposes [§63.10]
- Part VIII—Public Works
- 289 Streets and parks vested in city [§63.11]
- 291 Provision of Council for [§63.12]
- 291A Access to property and right to purchase [§63.13]
- 291B Appeal against decision of Registrar [§63.14]
- 292 Subdivision control [§63.15]
- 293 Appeal and procedure [§63.16]
- 300 Powers of Council (with respect to water) [§63.17]
- 302 Powers of Council (with respect to sewers and drains) [§63.18]
- Part XVII—Penalties
- 336D Note on title about building that is unsafe or contravenes by-law [§63.19]
- Part XX—Real-Property Taxation
- Appeals From Real-Property Court of Revision
- 395A Assessment for golf courses [§63.20]
- Taxation of Real Property
- 396 Liability to taxation [§63.21]
- 396A Exemptions for heritage properties [§63.22]
- 396B Repayment requirement in relation to heritage exemptions [§63.23]
- 396E Revitalization tax exemptions [§63.24]
- 396F Exemptions for not for profit property [§63.25]
- 397 Extent of exemption [§63.26]
- Collection of Real-Property Taxes
- 409 Special charges that are to be collected as real-property taxes [§63.27]
- 409.1 Appeal against special charge [§63.28]
- 410 Taxes deemed due at beginning of year [§63.29]
- 411 When delinquent [§63.30]
- 413A Taxes to be first charge against lands [§63.31]
- 414 Constitute special lien [§63.32]
- Sale of Real Property for Delinquent Taxes Thereon
- 431 Certificate of purchase [§63.33]
- 432 Its contents [§63.34]
- 433 Copy of sections included [§63.35]
- 434 Mode of transfer [§63.36]
- 436 Status of parcel so sold [§63.37]
- 440 Purchaser to be registered [§63.38]
- 441 Forfeiture if he defaults [§63.39]
- 443 Status of former owner after sale [§63.40]
- 444 Status of sale set aside [§63.41]
- 445 Cancellation of sale for manifest error [§63.42]
- 446 Protection against actions [§63.43]
- 447 Notice vitiates claim [§63.44]
- 448 City may acquire possession of parcel sold [§63.45]
- 451 Mode of recovering parcel from defaulting owner [§63.46]
- Part XXIII—Park
- 488 Parks in care of Board [§63.47]
- Part XXVII—Planning and Development
- Zoning
- 565.2 Housing agreements for affordable and special needs housing [§63.48]
- 565.A Council may make by-laws [§63.49]
- Part XXVIII—Heritage Conservation
- Division (4)—Continuing Protection
- 595 Compensation for heritage designation [§63.50]
- 595A Transfer of increased density provided as compensation for heritage designation [§63.51]
- Division (6)—Notices Under This Part
- 601 Notice on land titles [§63.52]
- Division (7)—Remedies and Offences
- 605 Notice of contravention may be filed in land title office [§63.53]
- Part XXX—Vacancy Tax
- 615 Definitions for this Part [§63.54]
- 616 Vacancy tax [§63.55]
- 617 Required vacancy tax by-law provisions [§63.56]
- 618 Permissive vacancy tax by-law powers [§63.57]
- 619 Vacancy tax by-law variation power [§63.58]
- 620 Property status declarations [§63.59]
- 621 Entering onto residential property [§63.60]
- 622 Regulations [§63.61]
- Powers and Restrictions on Acquisition and Disposition of Land
-
Transferors and Transferees—Proof of Existence and Execution of Instruments
- Overview of Transferors and Transferees [§65.1]
- Individuals [§65.5]
- Corporations, Societies and Cooperative Association [§65.16]
-
Registration of Instruments
- Overview of Registration of Instruments [§66.1]
- Caveats [§66.2]
-
Certificates of Pending Litigation [§66.6]
- Builders Lien Act [§66.7]
- Business Practices and Consumer Protection Act [§66.8]
- Civil Forfeiture Act [§66.9]
- Court Order Enforcement Act [§66.10]
- Mortgage Brokers Act [§66.11]
- Securities Act [§66.12]
- Vancouver Charter [§66.13]
- Wills, Estates and Succession Act [§66.14]
- Wills Variation Act [Repealed 2009-13-194] [§66.15]
- Liens and Charges [§66.16]
- Covenants, Easements, Party Wall Agreements, and Statutory Rights of Way [§66.26]
-
Miscellaneous Instruments [§66.34]
- Aeronautics Act (Canada) [§66.35]
- Bank Act (Canada) [§66.36]
- Canada Lands Surveys Act (Canada) [§66.37]
- Controlled Drugs and Substances Act, R.S.C. 1985, c. C-46 [§66.38]
- Escheats Act (Canada) [§66.39]
- Expropriation Act (Canada) [§66.40]
- Family Law Act [§66.41]
- Family Maintenance Enforcement Act [§66.42]
- Federal Real Property and Federal Immovables Act (Canada) [§66.43]
- Industrial Operation Compensation Act [§66.44]
- Canadian Energy Regulator Act (Canada) [§66.45]
- Petroleum and Natural Gas Act [§66.46]
- Range Act [§66.47]
- Strata Property Act [§66.48]
- Wills, Estates and Succession Act [§66.49]
- Wills Variation Act [Repealed 2009-13-194, effective March 31, 2014] [§66.50]
-
Government Liens, Charges, and Administrative Penalties
- Overview of Government Liens, Charges, and Administrative Penalties [§67.1]
-
Provincial Statutes [§67.2]
- Agricultural Credit Act, Section 7 [§67.3]
- Agricultural Land Commission Act, Section 22 [§67.4]
- Cannabis Control and Licensing Act, Sections 38, 94, and 120 [§67.5]
- Carbon Tax Act, Sections 61 and 64 [§67.6]
- Civil Forfeiture Act, Sections 16 and 23 [§67.7]
- Community Charter, Part 7 [§67.8]
- Employment Standards Act, Sections 79, 87, 91, and 119 [§67.9]
- Environmental Management Act, Sections 59, 115, 117, and 119(1) [§67.10]
- Escheat Act, Sections 19 to 21 [§67.11]
- Esquimalt and Nanaimo Railway Belt Tax Act, Sections 8 and 12 [§67.12]
- Family Maintenance Enforcement Act, Section 26 [§67.13]
- Fire Services Act, Sections 22 and 23 [§67.14]
- Forest Act, Section 130 [§67.15]
- Home Conversion and Leasehold Loan Act, Section 15 [§67.16]
- Home Mortgage Assistance Program Act, Section 5 [§67.17]
- Home Owner Grant Act, Section 17 [§67.18]
- Home Purchase Assistance Act, Section 13 [§67.19]
- Homeowner Interest Assistance Act, Section 5 [§67.20]
- Homeowner Protection Act, Sections 10.1, 26, 27.1, and 28.4 [§67.21]
- Human Rights Code, Sections 37 to 39 [§67.22]
- Income Tax Act, Sections 17, 50, 74, and 91 [§67.23]
- Insurance Premium Tax Act, Sections 21 and 24 [§67.24]
- International Business Activity Act, Sections 34, 42, and 45 [§67.25]
- Labour Relations Code, Section 135 [§67.26]
- Land Act, Section 94 [§67.27]
- Land Tax Deferment Act, Sections 7, 7.1, 7.2, and 11 [§67.28]
- Liquor Control and Licensing Act, Sections 51 and 54 [§67.29]
- Local Government Act, Sections 36, 400, 658, 667, 716, and 717 [§67.30]
- Logging Tax Act, Sections 28 and 31 [§67.31]
- Manufactured Home Act, Sections 28 to 31 [§67.32]
- Medicare Protection Act, Sections 37 and 39 [§67.33]
- Mineral Land Tax Act, Sections 10 and 11 [§67.34]
- Mineral Tax Act, Sections 31 and 34 [§67.35]
- Mines Act, Section 17 [§67.36]
- Ministry of Lands, Parks and Housing Act, Section 8 [§67.37]
- Motor Fuel Tax Act, Sections 55 and 57.1 [§67.38]
- Offence Act, Section 82 [§67.39]
- Property Transfer Tax Act, Sections 11, 26, and 28 [§67.40]
- Provincial Home Acquisition Act, Section 5A [§67.41]
- Provincial Sales Tax Act, Sections 218 and 221 [§67.42]
- Public Health Act, Sections 35 and 36 [§67.43]
- Resort Associations Act, Sections 9 and 10 [§67.44]
- Resort Municipality of Whistler Act, Section 20 [§67.45]
- South Coast British Columbia Transportation Authority Act, Section 169.46 [§67.46]
- Taxation (Rural Area) Act, Sections 30 to 32 and 37 [§67.47]
- Tobacco Tax Act, Sections 28, 31, and 32.1 [§67.48]
- Utilities Commission Act, Section 95 [§67.49]
- Vancouver Charter, Sections 395A, 414, 436, and 444 [§67.50]
- Workers Compensation Act, Sections 264 and 265 [§67.51]
- Administrative or Monetary Penalties Under Provincial Statues [§67.52]
- Federal Statutes [§67.53]
- Legal Notations and Charges
- Director’s Directions
- Practice Bulletins and Practice Notes
-
Forms and Precedents
- Builders Lien Act Forms
-
Land Title Act Forms
- Notice of Revocation of Power of Attorney—Land Title Act, Form 8
- Statement by Surveyor—Land Title Act, Form 9
- Amended Statement by Surveyor—Land Title Act, Form 9A
- Application to Deposit a Subdivision Plan—Land Title Act, Form 10
- Application for Deposit of Reference or Explanatory Plan (Fee Simple) on the Consolidation of Surveyed Parcels—Land Title Act, Form 11
- Application for Deposit of Reference or Explanatory Plan (Charge)—Land Title Act, Form 11(a)
- Certificate as to Highway in Statutory Right of Way Plan—Land Title Act, Form 12
- Notice of Amendment of Land Title Records to Show Receipt of Notice of Establishment of Land in Statutory Right of Way Plan as Highway and of Vesting in the Crown—Land Title Act, Form 13
- Application for Cancellation of Interior Lot Lines—Land Title Act, Form 14
- Notice of Change of Address—Land Title Act, Form 15
- Application—Land Title Act, Form 17
- Summons to Produce Documents—Land Title Act, Form 18
- Notice of Intention to Register on Non-Production of Instrument—Land Title Act, Form 19
- Application by Owner of Absolute Fee for Indefeasible Title—Land Title Act, Form 20
- Certificate of Indefeasible Title—Land Title Act, Form 21
- Duplicate Indefeasible Title—Land Title Act, Form 21(a)
- Application for Duplicate Indefeasible Title—Land Title Act, Form 22
- Certificate of Charge—Land Title Act, Form 25
- Certificate of Title to Minerals—Land Title Act, Form 26
- Notice of Judgment Creditor of Intention to Register Free of Judgment—Land Title Act, Form 29
- Certificate of Pending Litigation—Land Title Act, Form 31
- Certificate of Pending Litigation—Land Title Act, Form 32
- Certificate of Pending Litigation—Director’s Requirements, Form 33 (Family Law Act)
- Certificate of Pending Litigation—Land Title Act, Form 33 (Family Relations Act)
- Certificate of Pending Litigation—Land Title Act, Form 34 (Wills, Estates and Succession Act)
- Certificate of Pending Litigation—Land Title Act, Form 34 (Wills Variation Act)
- Certificate of Pending Litigation—Land Title Act, Form 34
- Declaration of Building Scheme—Land Title Act, Form 35
- Notice of Objection to Registration Free from Mortgage—Land Title Act, Form 36
- Caveat—Land Title Act, Form 38
- Withdrawal of Caveat—Land Title Act, Form 39
- Notice to Caveator—Land Title Act, Form 40
- Notice of Property Agreement—Land Title Act, Form 41
- Notice of Maintenance Order—Family Law Act, Form 42
- Notice to Registered Owner of Registration of Certificate of Judgment—Court Order Enforcement Act, Form E
-
Strata Property Forms
- Strata Property Regulation—Form A (Proxy Appointment (Optional Form))
- Strata Property Regulation—Form B (Information Certificate)
- Strata Property Regulation—Form C (Mortgagee’s Request for Notification)
- Strata Property Regulation—Form D (Strata Corporation Change of Mailing Address)
- Strata Property Regulation—Form E (Certificate of Strata Corporation)
- Strata Property Regulation—Form F (Certificate of Payment)
- Strata Property Regulation—Form G (Certificate of Lien)
- Strata Property Regulation—Form H (Acknowledgment of Payment)
- Strata Property Regulation—Form I (Amendment to Bylaws)
- Strata Property Regulation—Form J (Rental Disclosure Statement)
- Strata Property Regulation—Form K (Notice of Tenant’s Responsibilities)
- Strata Property Regulation—Form L (Notice Beginning Arbitration)
- Strata Property Regulation—Form M (Notice of Reply)
- Strata Property Regulation—Form N (Notice Responding to Reply)
- Strata Property Regulation—Form O (Leasehold Strata Plan Schedules)
- Strata Property Regulation—Form P (Phased Strata Plan Declaration)
- Strata Property Regulation—Form Q (Endorsement of Approval for Phased Strata Plan)
- Strata Property Regulation—Form R (Endorsement for Common Facilities in Phased Strata Plan)
- Strata Property Regulation—Form S (Endorsement of Nonoccupancy)
- Strata Property Regulation—Form T (Endorsement of Approving Authority)
- Strata Property Regulation—Form U (Endorsement of Surveyor)
- Strata Property Regulation—Form V (Schedule of Unit Entitlement)
- Strata Property Regulation—Form W (Schedule of Voting Rights)
- Strata Property Regulation—Form X (Strata Corporation Mailing Address)
- Strata Property Regulation—Form Y (Owner Developers’ Notice of Different Bylaws)
- Strata Property Regulation—Form Z (Application to Deposit Strata Plan)
- Strata Property Regulation—Form Z.1 (Amended Schedule of Interest on Destruction)
- Case Table
- Statutes and Related Material Table
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).
REGULATIONS AND FORMS
The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 57 (Strata Property Regulations) in this Manual.
“Previously Occupied”
See s. 14.1 of the Strata Property Regulation for the definition of “previously occupied” for the purpose of s. 242 of the Act.
Endorsement by Approving Authority, Form T: Section 242(7) or (8)
Section 14.5(4) of the Strata Property Regulation states that the approval of the approving authority required by s. 242(7) or (8) of the Act must be in Form T, Endorsement by Approving Authority. The approving authority does not sign Form T until the owner developer has fulfilled any conditions or terms imposed by the approving authority. Section 242(9) of the Act specifies that the endorsement must not be dated more than 180 days before the date of the strata plan deposit. Form T is included at chapter 58 (Strata Property Forms) in this Manual.
Submissions
On the Application to Deposit Plan at Land Title Office, click the Schedule of Approving Officers and Provincial Approvers and select Form T from the Approval Type drop down menu.
Conversion Approved under the Condominium Act
Section 17.18 of the Strata Property Regulation states that s. 242(9) of the Strata Property Act does not apply to an approval of a conversion of a previously occupied building obtained under s. 9 of the Condominium Act.
CROSS REFERENCES AND OTHER SOURCES OF INFORMATION
Application of s. 242 to Sale of Shared Interest in Land
Section 242(1) to (6) and (11) of the Strata Property Act applies to an application for approval of a sale or offering for sale of a shared interest in land under s. 8 of the Real Estate Development Marketing Act, as if the intended sale or offering were an intended conversion of the land and building or buildings into strata lots under the Strata Property Act.
Decision under s. 242(4) Is Final
A decision of an approving authority under s. 242 of the Strata Property Act is final, and there is no appeal provision corresponding to s. 89 of the Land Title Act. However, see the Judicial Review Procedure Act.
CASE LAW
Application
Section 242 of the Strata Property Act and s. 9 of the Condominium Act both provide that if a strata plan tendered for deposit includes a previously occupied building, the proposed plan must be submitted for approval to an approving authority. In making its decision, the approving authority is to consider, in addition to the specified issues, any other matters that, in its opinion, are relevant. The respondents lived in a newly constructed house on the same lot as their previous house which they sold to a third party. Before the new house was constructed, the respondents had a strata plan approved by the municipal council under s. 242 of the Strata Property Act. The petitioners, the village, and the next-door neighbours of the respondent sought a declaration that the strata plan should never have been permitted by the municipal council. The court found that s. 242 only deals with approval for conversion of previously occupied buildings. In this case, the second building was not occupied at the time the strata plan was registered. As a result, the respondents would have needed to file an endorsement of nonoccupancy under s. 241. The court also found that the strata plan should not have been approved under s. 242(5) because the building did not comply with municipal bylaws. In granting the petitioners’ application, the court declared that the municipal council exceeded the limits of its statutory power of decision as approving authority under the Strata Property Act. As no other relief was sought, the court made no further order (Burton v. Harris, 2003 BCSC 523).