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400 Special Fees And Charges That Are Liens Against Property

In This Volume

400 (1) This section applies to amounts referred to in section 399.

  • (2) An amount referred to in subsection (1)
  • (a) is a charge or lien on the land and its improvements in respect of which the charge is imposed, the work done or services provided,
  • (b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and
  • (c) does not require registration to preserve it.
  • (3) An owner of land or real property aggrieved by the creation of a charge or lien under this section may, on 10 days’ written notice to the regional district, apply to the Supreme Court for an order that the charge be removed or that the amount for which it was imposed be varied.
  • (4) On an application under subsection (3), if the court is satisfied that any of the amount for which the charge or lien was created was imposed improperly, it may order that the charge or lien be removed or that the amount be varied, or make another order it considers proper.

1999-37-100 (part), effective September 28, 1999 (B.C. Reg. 301/99); 2003-52-266, effective January 1, 2004 (B.C. Reg. 465/2003); RSBC 2015-1-400, effective January 1, 2016 (B.C. Reg. 257/2015).