37 Power To Make Regulations

37 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of carrying out this Act according to its intent and for supplying any deficiency in it.

• (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

• (a) respecting any matter for which regulations are contemplated under this Act;
• (b) exempting a person or class of person, a transferee or class of transferee, a taxable transaction or class of taxable transaction from tax under section 2(1)(a) or from the requirement to file a return under section 2(1)(b) and prescribing any conditions of exemption;
• (c) providing for the collection of tax;
• (d) providing for the refund of tax and prescribing the terms and conditions under which that refund may be made;
• (e) providing for the refund by the administrator of fees paid under the Land Title Act, except fees established by the Board of Directors under that Act, in respect of a taxable transaction;
• (f) providing for the method of calculating and ascertaining fair market value for the purposes of the definition of “fair market value”;
• (f.1) providing for the method of determining the value of residential property for the purposes of the description of “VRP” in section 3.01(3)(b);
• (g) providing for the method of calculating and ascertaining fair market value for the purposes of section 15;
• (h) providing for the method of calculating and ascertaining fair market value for the purposes of section 16;
• (i) providing for the payment of interest on any refund or rebate of tax authorized by this Act or the regulations, or on any money due to the government under this Act;
• (j) defining, for the purposes of this Act, any expression used but not defined in the Act;
• (k) respecting a return or form or class of return or form and the records required to accompany a return or form;
• (l) respecting the form and manner of records to be kept by transferors, transferees or persons to whom the tax is paid;
• (m) providing that a regulation made under the authority of this Act is effective before its enactment;
• (n) prescribing persons to whom the tax is payable;
• (o) respecting arbitrations or classes of arbitrations and discretionary powers related to them, adopting all or part of the Arbitration Act or restricting or prohibiting judicial review of or appeals from an arbitration;
• (p) respecting appeals from arbitrations or classes of arbitrations to court, entitlement to appeal, grounds for appeal, powers of the court on an appeal and procedure on an appeal;
• (q) prescribing provisions to be included in a conservation covenant under section 16, which may vary for different conservation covenants and different classes of conservation covenants;
• (r) respecting the payment of tax under section 2(4);
• (s) respecting the payment of tax under section 2(5);
• (t) respecting declarations;
• (u) [Repealed.]
• (u.1) [Repealed.]
• (v) [Repealed.]
• (v.1) [Repealed.]
• (w) prescribing the information that must be included in electronic returns;
• (w.1) prescribing the manner in which electronic returns are to be completed;
• (x) [Repealed.]
• (y) exempting or authorizing the administrator to exempt any person from any of the provisions of this Act or the regulations respecting the filing of electronic returns.

• (2.1) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations as follows:

• (a) for the purposes of paragraph (a) of the definition of “residential property” in section 2.01, prescribing land or improvements, or both, as land or improvements that are not residential property;
• (b) for the purposes of paragraph (a)(ii) of the definition of “specified area” in section 2.01, excluding an area within the Metro Vancouver Regional District from being a specified area within the meaning of that definition;
• (c) for the purposes of paragraph (b) of the definition of “specified area” in section 2.01, prescribing the treaty lands of the Tsawwassen First Nation as being a specified area within the meaning of that definition;
• (d) for the purposes of paragraph (c) of the definition of “specified area” in section 2.01, prescribing an area that is not within the Metro Vancouver Regional District as being a specified area within the meaning of that definition;
• (e) for the purposes of section 2.02(4), prescribing a rate of tax that is not less than 10% and not greater than 20%;
• (f) subject to conditions that may be specified in the regulation, exempting any of the following from tax under section 2.02(3)(a) or from the requirement to provide information or records under section 2.02(3)(b) or to file a form under section 2.02(3)(c):
  • (i) a person or class of persons;
  • (ii) a transferee or class of transferees;
  • (iii) a taxable transaction or class of taxable transactions;
• (g) in respect of tax under section 2.02(3)(a) or in respect of the requirement to file a return under section 2(1)(b), to provide information or records under section 2.02(3)(b) or to file a form under section 2.02(3)(c), and subject to conditions that may be specified in the regulation,
  • (i) deeming a foreign national or foreign corporation to be a person who is not a foreign national or foreign corporation, and
  • (ii) deeming persons within a class of foreign nationals or a class of foreign corporations to be persons who are not foreign nationals or foreign corporations;
• (h) for the purposes of the description of “VRP” in section 2.03, providing for the method of determining the value of residential property.

• (3) Regulations that may be made under this Act may be made retroactive to March 20, 1987 or a later date that the Lieutenant Governor in Council may determine and a regulation made retroactive is deemed to come into force on the date specified in the regulation.
• (4) Subsection (3) does not apply to a regulation

• (a) under section 2(3), or
• (b) prescribing a period under section 2(5).
• (c) under subsection (2.1)(c), (d), (e) or (h) of this section.

1987-15-26; 1987-64-7; 1991-16-13 to 15; 1994-14-8; 1999-35-12, effective December 12, 2003 (B.C. Reg. 471/2003); 2004-12-34; 2004-66-162, effective January 20, 2005 (B.C. Reg. 16/2005); 2007-14-215, effective December 1, 2007 (B.C. Reg. 354/2007); 2011-25-481, effective March 18, 2013 (B.C. Reg. 131/2012); 2016-17-16, effective August 2, 2016; 2018-23-53; 2018-4-67; 2018-37-34, effective November 15, 2019 (B.C. Reg. 171/2019).