269 Amalgamation

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 59 (Strata Property Regulations), and the forms prescribed by the Strata Property Regulation are included at chapter 60 (Strata Property Forms).

For electronic land title forms, see E-filing Directions, available at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced at chapter 71 (Director’s Directions).

For hardcopy land title transfer forms, see Hardcopy Land Title Forms (DR 04-11) at ltsa.ca.

Application to Deposit Strata Plan

Submissions

The director has approved the use of the electronic Application to Deposit Plan at Land Title Office, Survey Plan Certification, Declaration, and Strata Property Act Filing form. These forms are available at ltsa.ca, except the Strata Property Act Filing form, which is available in Web Filing using a myLTSA Enterprise account.

An application to amalgamate strata plans must be in the electronic Application to Deposit Plan at Land Title Office and include the Survey Plan Certification with attached plan. Supporting documentation, including a Form E, must be attached to a Declaration and submitted immediately following the plan application. A Form E may be attached to a Strata Property Act Filing form rather than a Declaration and submitted following the electronic plan application.

Schedule of Unit Entitlement, Form V: Section 269(2)(b)(iii)

The Strata Property Regulation prescribes Form V, Schedule of Unit Entitlement, for the purpose of s. 269(2)(b)(iii) of the Act.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is available in Web Filing using a myLTSA Enterprise account.

Form V is in the class of supporting documents designated by the director for electronic filing.

Schedule of Voting Rights, Form W: Section 269(2)(b)(iv)

The Strata Property Regulation prescribes Form W, Schedule of Voting Rights, for the purpose of s. 269(2)(b)(iv) of the Act.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is available in Web Filing using a myLTSA Enterprise account.

Form W is in the class of supporting documents designated by the director for electronic filing.

Certificate of Strata Corporation, Form E: Section 269(2)(b)(v)

The Strata Property Regulation prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 269(2)(b)(v) of the Act.

Section 17.21(2) of the Strata Property Regulation states that if an Amended Schedule of Interest on Destruction has been submitted with an application under s. 269 of the Act, the Certificate of Strata Corporation required under s. 269(2)(b)(v) must state that the Amended Schedule of Interest on Destruction conforms to the amalgamation agreement.

Submissions

The Form E must be attached to the Application to Deposit Plan at Land Title Office. To attach the Form E, use the Strata Property Act Filing form, select Form E, Certificate of Strata Corporation, and attach an image of the original Form E, or use the Declaration form, describe the Form E, and attach an image of the original Form E.

Where Form E is required in support, the Declaration or Strata Property Act Filing form with the attached image of the Form E is submitted immediately following the electronic document it supports.

Amended Schedule of Interest on Destruction, Form Z.1

See s. 17.21(1) of the Strata Property Regulation, which states that an application made under s. 269 of the Act to amalgamate two or more strata corporations, at least one of which is subject to a schedule of interest on destruction, may be accompanied by an Amended Schedule of Interest on Destruction. Section 17.21(1) of the regulation sets out the requirements for this schedule. The Strata Property Regulation prescribes Form Z.1, Amended Schedule of Interest on Destruction, for the purpose of s. 269 of the Act.

See s. 17.21(4) of the Strata Property Regulation regarding the procedure if at least one of the amalgamating strata corporations is subject to a schedule of interest on destruction and an Amended Schedule of Interest on Destruction is not submitted with the application under s. 269 of the Act.

Submissions

On the Strata Property Act Filing form, select Form Z.1, Amended Schedule of Interest on Destruction, and attach an image of the original Form Z.1.

PRACTICE

Instruments Filed in Support

An application to amalgamate strata plans must be in an electronic Application to Deposit Plan at Land Title Office and include the Survey Plan Certification with attached plan. Supporting documentation, including a Form E, must be attached to a Declaration and submitted immediately following the plan application. A Form E may be attached to a Strata Property Act Filing form rather than a Declaration and submitted following the electronic plan application.

Amended Sheets of Strata Plan

Electronic Submissions

The amended sheet of the strata plan must be prepared by a British Columbia land surveyor. The amended sheet must be numbered as an amended sheet of the strata plan. Where a sheet is being amended multiple times, the amended sheets must be numbered in the following format: Amended sheet 1A of 6, Amended sheet 1B of 6. The plan title must include a “Pursuant to s. 269” statement.

The amended sheet must contain an appropriate heading describing which strata plans have been amalgamated. A schedule must be included on the amended sheets cross-referencing the previous strata lot numbers to the new strata lot numbers as assigned.

The registrar consolidates the original plans with the amended sheets and files under the new strata plan number.

Reference or Explanatory Plan

Under s. 269, the registrar does not accept a sketch plan. In determining whether a reference plan or an explanatory plan is required, the registrar considers the nature of the common property, the location of previously defined buildings and boundaries, and whether the plan is a bare land strata plan.

The registrar’s decision on whether to require a reference plan or an explanatory plan is guided by the considerations set out under s. 99 of the Land Title Act. With respect to an application to amalgamate strata plans, the registrar prefers a reference plan. However, the registrar may accept an explanatory plan as long as:

1. the new boundaries do not contain excessive curves or jogs and are not affected by a natural boundary; and
2. the registrar is of the opinion that a survey is not required to establish the location of the boundaries on the ground.

Documents Accompanying the Application

Form E, Certificate of Strata Corporation

The Form E must be attached to the Application to Deposit Plan at Land Title Office. To attach the Form E, use the Strata Property Act Filing form, select Form E, Certificate of Strata Corporation, and attach an image of the original Form E, or use the Declaration form, describe the Form E, and attach an image of the original Form E.

Amalgamation Agreement

Submissions

The amalgamation agreement must be attached to the Application to Deposit Plan at Land Title Office. To attach the amalgamation agreement, use the Declaration form, describe the amalgamation agreement, and attach an image of the original amalgamation agreement.

Amendment to Bylaws, Form I: Section 269(2)(b)(vi)

Submissions

On the Strata Property Act Filing form, select Form I, Amendment to Bylaws, and attach an image of the originally signed Form I.

Strata Corporation Mailing Address, Form X

Submissions

On the Strata Property Act Filing form, select Form X, Strata Corporation Mailing Address, and attach an image of the original Form X.

Schedule of Unit Entitlement, Form V

A new schedule of unit entitlement is required and filed as a separate document. It must be based on one of the formulas set out under s. 246(3), (5), or (6) of the Act and must cover all of the lots in the amalgamated strata plan. The registrar confirms that the schedule is included in the application and, where applicable, that the schedule has been signed by a British Columbia land surveyor.

Submissions

On the Strata Property Act Filing form, select Form V, Schedule of Unit Entitlement, and attach an image of the original Form V.

Schedule of Voting Rights, Form W

A new schedule of voting rights is required and filed as a separate document. It must be based on one of the formulas set out under s. 247 and 248 of the Act and must cover all of the lots in the amalgamated strata plan. The registrar confirms that the schedule is included in the application.

Submissions

On the Strata Property Act Filing form, select Form W, Schedule of Voting Rights, and attach an image of the original Form W.

New Strata Plan Number

Submissions

The registrar requires an electronic Reference or Explanatory plan with a pre-assigned plan number beginning with the prefix EPS. For more information on obtaining pre-assigned plan numbers, see the EFS Help Guide at help.ltsa.ca.

Charges and Notations

All charges and legal notations formerly registered against the common property of the amalgamating strata plans are endorsed in the common property record of the new plan.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Schedule of Standard Bylaws

See s. 1(1) of the Act for a definition of “Standard Bylaws” and the Schedule of Standard Bylaws included after s. 293 of the Act, at “293 Transitional” in this chapter.

Bylaws That Differ from Standard Bylaws: Section 269(2)(b)(vi)

The application must be accompanied by any bylaws of the amalgamated strata corporation that differ from the Standard Bylaws. Form I, Amendment to Bylaws, is used for the purpose of s. 269(2)(b)(vi).

Submissions

On the Strata Property Act Filing form, select Form I, Amendment to Bylaws, and attach an image of the originally signed Form I.

Registrar Does Not Review Schedules of Unit Entitlement and Voting Rights

See s. 249(3) of the Act, which provides that the registrar is under no duty to ensure that a Schedule of Unit Entitlement or a Schedule of Voting Rights complies with the Act or the regulations, or has been approved by the superintendent.

CASE LAW

Bylaws Must Be Filed

Under s. 61 of the Condominium Act and s. 269 of the Strata Property Act, bylaws that differ from the Part 5 Bylaws under the Condominium Act or the Standard Bylaws under the Strata Property Act must be filed with the strata plan of an amalgamated strata corporation. This principle is confirmed in the following case.

The defendant owned a strata lot in an area of recreational property. The plan was amalgamated with another strata plan. An explanatory plan and an amalgamation agreement, with bylaws attached, were deposited in the land title office. Before the bylaws were formally registered, the defendant started to build a fully enclosed room attached to the main structure on her strata lot. The court found that an amalgamated strata corporation must be in existence before it can amend the bylaws of the amalgamating strata corporations. Therefore, as a matter of practice, amalgamating strata corporations amend their bylaws immediately prior to the amalgamation. The amended bylaws are then attached to the amalgamation agreement and deposited with the amalgamated strata plan in the land title office. It is the deposit of the strata plan that signals the existence of the amalgamated strata corporation, and it is the bylaws that are attached to the amalgamation agreement, rather than bylaws under Part 5 of the Condominium Act, that are in effect from the date of deposit. The fact that the bylaws attached to the agreement were not registered until sometime after the defendant commenced construction was not fatal. The bylaws that applied to the defendant’s lot, both before and after amalgamation, required strata council consent prior to the commencement of any construction or improvements on a strata lot. As the defendant had lived with the former bylaws for a number of years and had not obtained the necessary consent, the defendant was required either to alter the improvement to comply with the requirements of the strata council or to remove the improvement entirely (Strata Plan VIS 4663 v. Little, 2000 BCSC 606, affirmed 2001 BCCA 337).