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274 To cancel a strata plan under section 272, an application, in a form satisfactory to the registrar, must be made to the registrar accompanied by

  • (a) the conversion schedule,
  • (b) if the strata plan has 5 or more strata lots,
    • (i) a court order under section 273.1, and
    • (ii) a Certificate of Strata Corporation in the prescribed form stating that
      • (A) the winding-up resolution under section 272(1) has been passed and the conversion schedule conforms to the resolution, and
      • (B) the strata corporation has no debts other than debts held by holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan,
  • (c) if the strata plan has fewer than 5 strata lots, either the documents required by paragraph (b) or both of the following documents:
    • (i) the written consent to the winding up signed by all holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan;
    • (ii) a Certificate of Strata Corporation in the prescribed form stating that
      • (A) the winding-up resolution under section 272(1) has been passed and the conversion schedule conforms to the resolution, and
      • (B) the strata corporation has no debts other than debts held by persons who have consented in writing, under subparagraph (i), to the winding up of the strata corporation,
  • (d) a reference plan, in a form required under the Land Title Act, that shows
    • (i) the land shown on the strata plan, and
    • (ii) the land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, and
  • (e) any document required by the registrar
    • (i) to resolve the priority of interests of any registered charges against the land shown on the strata plan or held in the name of or on behalf of the strata corporation, but not shown on the strata plan, or
    • (ii) to transfer title.

1998-43-274, effective July 1, 2000 (B.C. Reg. 43/2000); 2007-14-191, effective December 1, 2007 (B.C. Reg. 354/2007); 2015-40-49, effective July 28, 2016 (B.C. Reg. 206/2016).

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). Forms approved by the director for land title purposes are included in the Manual at chapter 33 (Land Title Act—Forms).

For electronic land title forms, see E-filing Directions at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”. The Director’s directions for e-filing are also reproduced at chapter 69 (Director’s Directions).

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

Certificate of Strata Corporation, Form E: Section 274(b) and (c)

The Strata Property Regulation prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 274(b) and (c) of the Act.

PRACTICE

Signatures on Reference Plan Not Required

The registrar will accept a reference plan filed with an application to cancel a strata plan without the signatures of the owners and charge holders appearing on the reference plan. Section 275(1.1) states that the signature requirements for a reference plan under s. 100(4)(a) of the Act have been met when the s. 274 application is accompanied by the required documentation.

Submissions

Use the electronic Form 17 Fee Simple and select “CANCELLATION OF STRATA PLAN”. Append the Conversion Schedule, court order, and applicable Form E. In the event the strata plan has fewer than 5 lots, append this same documentation unless the applicant is proceeding without a court order. If an applicant is proceeding without a court order then append the Conversion Schedule, the written consent of all holders of registered charges, and the applicable Form E.

The application package for “CANCELLATION OF STRATA PLAN” must include the electronic reference plan required under s. 274(d). Use the electronic “Application to Deposit Plan” and select “REFERENCE OR EXPLANATORY” in item 3. The “Number of new lots created” should be selected as 0, as the fees and the application number used to create the fee simple title will be derived from the Form 17 “CANCELLATION OF STRATA PLAN”.

This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

The electronic Form 17 Fee Simple is the form approved to make an application for Cancellation of Strata Plan. Form BL-A is reproduced at chapter 57 (Strata Property Regulations) of this Manual.

Cancellation of a bare land strata plan

Bare land strata plans are cancelled under the Bare Land Strata Plan Cancellation Regulation, B.C. Reg. 556/82. Section 2 of the regulation sets out additional requirements for an application under s. 274 to cancel a bare land strata plan. One of the additional requirements is that a Form BL-A must accompany the application to cancel a bare land strata plan. The Form BL-A is the prescribed form used to give notice of the cancellation of a bare land strata plan to local governments, or, where applicable, approving officers.

Resolution by Strata Corporation

A Resolution by the Strata Corporation is in the class of supporting documents designated by the director for electronic filing.

Duplicate Certificates of Title

See s. 288 of the Act regarding the requirement to surrender duplicate certificates of title before cancellation of a strata plan. The registrar will not issue a written demand to an owner under s. 288(2) unless the applicant has made this request to the registrar in writing.

Property Transfer Tax Form

The application for cancellation of a strata plan must be accompanied by a Property Transfer Tax Form.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 100 of the Land Title Act regarding the requirements for a reference plan.