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
269 (1) Two or more strata corporations may amalgamate by entering into an amalgamation agreement that contains
- (a) the terms and conditions of the amalgamation, and
- (b) the bylaws that will apply to the proposed amalgamated strata corporation.
- (2) The amalgamating strata corporations must proceed as follows:
- (a) a resolution approving the amalgamation agreement must be passed by each of the amalgamating strata corporations by a 3/4 vote at an annual or special general meeting;
- (b) an application to amalgamate the strata corporations must be made to the registrar accompanied by
- (i) the amalgamation agreement,
- (ii) a reference or explanatory plan, whichever the registrar requires, that
- (A) consolidates the strata plans into a single strata plan,
- (B) complies, as far as the registrar considers necessary, with sections 244 and 245, and
- (C) is in a form required under the Land Title Act for a reference or explanatory plan,
- (iii) a new Schedule of Unit Entitlement that meets the requirements of section 246, together with evidence of the superintendent’s approval if the approval is required,
- (iv) if a Schedule of Voting Rights has been filed with the superintendent, a new Schedule of Voting Rights that meets the requirements of section 247 or 248, together with evidence of the superintendent’s approval if the approval is required,
- (v) a Certificate of Strata Corporation in the prescribed form from each strata corporation, stating that the resolution referred to in paragraph (a) has been passed and that the reference or explanatory plan and the new Schedule of Unit Entitlement and any new Schedule of Voting Rights conform to the amalgamation agreement, and
- (vi) any bylaws of the amalgamated strata corporation that differ in any respect from the Standard Bylaws.
1998-43-269, effective July 1, 2000 (B.C. Reg. 43/2000); 2007-14-191, effective December 1, 2007 (B.C. Reg. 354/2007).
REGULATIONS AND FORMS
The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 57 (Strata Property Regulations) in this Manual, and the forms prescribed by the Strata Property Regulation are included at chapter 58 (Strata Property Forms) in this Manual.
For electronic land title forms, see E-filing Directions at ltsa.ca under “Professionals”, “Land Title Practice”, “E-filing User Guides and Publications”. The Director’s directions for e-filing are also reproduced at chapter 69 (Director’s Directions) in this Manual.
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:
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 in this chapter of the Manual after s. 293 of the Act.
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.