Skip to main content

In This Volume

292 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.

  • (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
  • (a) respecting a fee, including a maximum fee, for a document supplied by a strata corporation or for a procedure or function required or permitted under this Act;
  • (b) respecting forms permitted or required under this Act;
  • (c) respecting the amount to be calculated for the purposes of section 14(5), 17(b) or 37(2);
  • (d) specifying the persons whose names and addresses must be provided for the purposes of section 20(2)(a)(vi);
  • (e) regarding a record or information
    • (i) to be given by an owner developer to a strata corporation under section 20,
    • (ii) to be prepared or retained by the strata corporation under section 35, and
    • (iii) to be included in an Information Certificate under section 59;
  • (f) specifying the time periods for which records must be retained by a strata corporation;
  • (g) respecting the persons who may be proxies, the number of proxies they may hold, the circumstances in which they may be proxies and restrictions on their powers as proxies;
  • (h) exempting persons from the requirements of or varying the requirements under section 70(4);
  • (i) respecting a change in the use or appearance of common property or land that is a common asset under section 71;
  • (j) identifying common property the repair and maintenance of which may be made the responsibility of an owner under section 72(2);
  • (k) respecting the amount of a lien holdback under section 88(2);
  • (l) providing for the form of and information to be included in budgets and financial statements;
  • (l.1) specifying permitted investments for the purposes of section 95(2)(a) or 108(4)(b);
  • (m) varying the method for calculating a strata lot’s share of contributions for the purposes of sections 99, 195 or any other section or varying the method for calculating an owner developer’s contribution for the expenses of common facilities under section 227;
  • (n) respecting the maximum rate of interest that may be established under a bylaw or resolution referred to in section 107(1) or 108(4.1);
  • (o) respecting the imposition of user fees by a strata corporation under section 110;
  • (p) respecting the maximum amount of a fine or the maximum frequency of imposition of fines under section 132;
  • (q) respecting the minimum amount of liability insurance under section 150 and the payment of an insurance deductible referred to in section 158;
  • (r) specifying the criteria for differentiating between different types of strata lots for the purposes of section 191(2);
  • (s) respecting the evaluation of the fair market value of a leasehold tenant’s interest for the purposes of section 214;
  • (t) applying or disapplying provisions of the Act to phased strata plans and the phases of phased strata plans, and modifying the operation of provisions of the Act to provide for the orderly administration of phases in a phased strata plan;
  • (u) respecting strata plans, including their form, content and approval;
  • (v) respecting the form and content of an endorsement required or permitted under this Act;
  • (w) respecting the procedure for applications under, exempting persons from the requirements of, setting out matters for the court to consider or varying the requirements under section 246(7) and (8);
  • (x) respecting the form and content of a conversion schedule under section 273(1) and an interest schedule under section 278(1);
  • (y) respecting the cancellation of bare land strata plans and, without limitation,
    • (i) establishing the circumstances under which a bare land strata plan may be cancelled,
    • (ii) establishing the procedures to be followed in the cancellation of a bare land strata plan, and
    • (iii) limiting the application of the regulations to bare land strata plans that are created before a prescribed date;
  • (z) varying a provision of this Act to provide for a different time period or monetary amount than that stated in the Act.
  • (3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
  • (a) defining strata plans to be bare land strata plans;
  • (a.1) defining “qualified person” for the purposes of section 94(1) or 103(6);
  • (a.2) prescribing a period for the purposes of section 94(2)(b) or (c) or (3)(a) or 103(5)(a);
  • (a.3) prescribing classes of strata corporations for the purposes of section 94(3)(b) or 103(5)(b);
  • (a.4) prescribing information for the purposes of section 94(4);
  • (a.5) prescribing standards for the purposes of section 103(5);
  • (b) defining “family” and “family member” for the purposes of section 142;
  • (c) defining “fixtures” and “major perils” for the purposes of section 149;
  • (d) defining “public authority” for the purposes of the definition of “leasehold landlord” in section 199;
  • (e) defining “habitable area” for the purposes of section 246(4);
  • (f) defining any word or expression used but not defined in this Act;
  • (g) respecting the conduct of hearings by arbitrators;
  • (h) respecting the determination of the amount of the annual contribution to the contingency reserve fund under section 93;
  • (i) respecting the circumstances in which a strata corporation may lend money in the contingency reserve fund to the operating fund;
  • (j) respecting all matters that by this Act are required or permitted to be prescribed.
  • (3.1) Without limiting subsection (1), in making regulations under this Act, the Lieutenant Governor in Council may do one or both of the following:
  • (a) make different regulations for different classes of lots or strata corporations;
  • (b) in the case of regulations that may be made respecting definitions, periods, information, standards or other matters referenced in 2 or more provisions of this Act, make different regulations for the definitions, periods, information, standards or other matters as they pertain to different provisions.
  • (4) For surrendered land, the regulations may provide for one or more of the following:
  • (a) the registration under the land title legislation of leases of prescribed land if the land has been surrendered under the Indian Act (Canada) and is vested in Her Majesty the Queen in right of Canada;
  • (b) the subdivision of all or part of the surrendered land into strata lots by the deposit in a land title office of leasehold strata plans;
  • (c) strata corporations with respect to the surrendered land, including the composition of the strata corporations;
  • (d) related matters, including the rights and obligations of any person or strata corporation.
  • (5) For the purposes of subsection (4), the regulations may
  • (a) exempt all or part of the surrendered land, any leases and any person or strata corporation from the application of all or part of this Act, and
  • (b) enact additional provisions respecting the surrendered land, any leases and any person or strata corporation even though the additional provisions may be wholly or partially inconsistent with this Act.

1998-43-292, effective July 1, 2000 (B.C. Reg. 43/2000); 1999-21-49, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-33-22, effective February 28, 2003 (B.C. Reg. 34/2003); 2009-17-33(b), effective December 11, 2009 (B.C. Reg. 312/2009); 2009-17-33(a) and (d), effective December 14, 2011 (B.C. Reg. 238/2011); 2012-27-18; 2015-40-55, effective July 28, 2016 (B.C. Reg. 206/2016).

REGULATIONS AND FORMS

Regulations Made under the Strata Property Act

The following regulations made under the Act are included at chapter 57 (Strata Property Regulations) in this Manual. Forms prescribed by these regulations, as well as the forms from the Schedule to the Act, are included at chapter 58 (Strata Property Forms) in this Manual.

The Survey and Plan Rules apply to strata surveys and plans. The rules are available at www.abcls.ca.

Submissions

Electronic plan applications and electronic plans submitted under s. 168.22 of the Land Title Act must be in the form designated by the director, contain the information required by the director, and be completed in the manner established by the director. Electronic forms, including the Application to Deposit Plan at Land Title Office and the Survey Plan Certification and are available at ltsa.ca. The forms and the completion instructions are reproduced in the Green Book.

The Director’s directions for electronic plans are set out in the Electronic Land Title Plan and Plan Application Requirements at ltsa.ca.

CASE LAW

Bare Land Strata Regulations

The following case, decided under the Condominium Act, established that s. 2(2)(a) of the Bare Land Strata Regulations, B.C. Reg. 75/78, was not ultra vires in relation to the Condominium Act.

Section 2(2)(a) of the Bare Land Strata Regulations, B.C. Reg. 75/78, did not go beyond the necessary purposes of the Condominium Act. Thus, the regulation was not ruled to be ultra vires. The regulation was necessary to implement the provisions of the Act as it related to bare land strata titles. The useful implementation of the strata title concept, even as it related to bare land development, would have been greatly inhibited, or nullified, if lot sizes could not be reduced to permit the economic and practical installation of common facilities. As it affected bare land development, the Act struck a balance between preserving maximum densities regulated by municipal bylaws and the utility of common facilities and the economy of their installation that reduced lot sizes afforded (Re Proposed Bare Land Strata Development of Lot 1 Plan 3315, [1985] B.C.J. No. 2915 (QL) (S.C.)).