In This Volume
-
Agricultural Land Commission Act, S.B.C. 2002, c. 36
- Overview of the Agricultural Land Commission Act [§35.1]
-
Legislation and Commentary [§35.2]
- 1 Definitions [§35.3]
- 15 Inclusion of land in agricultural land reserve by the commission [§35.4]
- 16 Repealed [§35.5]
- 17 Inclusion applications [§35.6]
- 17.1 Agricultural land to remain in reserve unless excluded [§35.7]
- 18 Restrictions on approving land uses and subdivision [§35.8]
- 18.1 Notice of statutory right of way [§35.9]
- 19 Registration restrictions [§35.10]
- 20 Non-farm use of land within agricultural land reserve [§35.11]
- 20.1 Residential use of agricultural land [§35.12]
- 20.2 Pre-existing residential structures [§35.13]
- 20.3 Soil or fill use [§35.14]
- 21 Subdivision of agricultural land reserve [§35.15]
- 22 Covenants [§35.16]
- 23 Exceptions [§35.17]
- 24 Preservation of rights [§35.18]
- 25 Non-farm use and subdivision application by owner [§35.19]
- 26 Delegation of section 25 powers [§35.20]
- 27 Chief executive officer may approve some applications [§35.21]
- 28 Application of sections 18 and 20 to 21 limited to agricultural land [§35.22]
- 29 Exclusion applications [§35.23]
- 29.1 Decision on exclusion applications [§35.24]
- 30 Exclusion by the commission [§35.25]
- 30.1 [Repealed] [§35.26]
- 31 Effect of permission for non-farm use, subdivision or exclusion [§35.27]
- 32 Boundaries to be amended [§35.28]
- 52.1 Notice of remediation orders in land title office [§35.29]
- 52.2 Cancellation of remediation order note [§35.30]
- 58 Land use regulations [§35.31]
- 58.1 Regulations respecting statutory rights of way and subdivision [§35.32]
- 58.2 Regulations respecting fees [§35.33]
- 58.3 Regulations respecting applications [§35.34]
- 58.4 Regulations respecting the commission [§35.35]
- 58.5 Regulations respecting enforcement [§35.36]
- 58.6 General powers respecting regulations [§35.37]
- 60 Certificates of title subject to this Act [§35.38]
- 61 Transitional [§35.39]
-
British Columbia Home Programs Legislation
- Overview of British Columbia Home Programs Legislation [§36.1]
- Budget Measures Implementation Act, 2004, S.B.C. 2004, c. 14 [§36.2]
- Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307 [§36.10]
- Homeowner Protection Act, S.B.C. 1998, c. 31 [§36.15]
-
Builders Lien Act, S.B.C. 1997, c. 45
- Overview of the Builders Lien Act [§37.1]
-
Legislation and Commentary [§37.2]
- 1 Definitions and interpretation [§37.3]
- 1.1 Exemption [§37.4]
- 2 Lien for work and material [§37.5]
- 3 Deemed authorization [§37.6]
- 15 Claim of lien to be in prescribed form [§37.7]
- 16 General lien [§37.8]
- 17 No claim under $200 [§37.9]
- 18 Procedure to file a claim of lien under the Mineral Tenure Act [§37.10]
- 19 Liability for wrongful filing [§37.11]
- 20 Time for filing claim of lien [§37.12]
- 21 When claim of lien takes effect [§37.13]
- 22 Lien extinguished if not filed as required by Act [§37.14]
- 23 Removal of claims of lien by payment of total amount recoverable [§37.15]
- 24 Cancellation of claim of lien by giving security [§37.16]
- 25 Powers of court, registrar or gold commissioner to remove claim of lien [§37.17]
- 26 Enforcement of claim [§37.18]
- 27 Local venue for proceedings under this Act [§37.19]
- 28 Proof of filing of claim of lien [§37.20]
- 30 Counterclaim and judgment for creditor [§37.21]
- 31 Court may order sale [§37.22]
- 32 Priority of secured lender [§37.23]
- 33 Limitation and notice to commence an action [§37.24]
- 35 Maximum claim against purchaser’s interest [§37.25]
- 42 Certain acts, agreements, assignments void [§37.26]
- 43 Lien may be assigned [§37.27]
- 45 Offence [§37.28]
- 47 Power to make regulations [§37.29]
- 48 Transition [§37.30]
-
Court Order Enforcement Act, R.S.B.C. 1996, c. 78
- Overview of the Court Order Enforcement Act [§38.1]
-
Legislation and Commentary [§38.2]
- Part 5—Enforcement of Court Orders
- 47 Definitions for Part [§38.3]
- 50 How time to be calculated [§38.4]
- 52 Court may order preference claim to extent of 3 months’ wages [§38.5]
- 53 Creditor may enforce claim for balance due [§38.6]
- 54 Return of writ or order by sheriff [§38.7]
- 56 Land not to be sold under writ of execution against goods [§38.8]
- 57 Interests subject to seizure and sale [§38.9]
- 80 Writs of elegit or fi. fa. land abolished [§38.10]
- 81 Definitions for sections 82 to 112 [§38.11]
- 82 Registration of judgment before October 31, 1979 [§38.12]
- 83 Expiration of lien [§38.13]
- 84 Registration or renewal before October 31, 1979 [§38.14]
- 85 Section 84 limited in time [§38.15]
- 86 Registration of judgments after October 30, 1979 [§38.16]
- 87 Fraudulent Preference Act [§38.17]
- 88 Application to register judgment [§38.18]
- 89 Notice to owner [§38.19]
- 90 Additional compensation [§38.20]
- 91 Expiration and renewal [§38.21]
- 92 Procedure for enforcing charge [§38.22]
- 93 Determination of disputed questions [§38.23]
- 94 Reference to ascertain land and settle priorities [§38.24]
- 95 Registrar may retain sufficient sum to satisfy claim under Creditor Assistance Act [§38.25]
- 96 Order for sale of land [§38.26]
- 97 Court may direct notification of claimants not before court [§38.27]
- 98 Pending litigation [§38.28]
- 105 Conveyance of land sold [§38.29]
- 107 Purchaser not to be affected by irregularities [§38.30]
- 108 Proceeding not to abate by marriage, death or bankruptcy [§38.31]
- 109 Power of purchasers to satisfy encumbrances [§38.32]
- 112 Registration of conveyance [§38.33]
-
Environmental Management Act, S.B.C. 2003, c. 53
- Overview of the Environmental Management Act [§39.1]
-
Legislation and Commentary [§39.2]
- Part 1—Interpretation
- 1 Definitions and interpretation [§39.3]
- Part 4—Contaminated Site Remediation
- 39 Definitions and interpretation [§39.4]
- 40(1)(a) and (6) Site disclosure statements [§39.5]
- 46 Persons not responsible for remediation [§39.6]
- 53(1) to (4) and (6) Approvals in principle and certificates of compliance [§39.7]
- 55 Removal and deposit of soil [§39.8]
- 55.1 High volume soil receiving sites [§39.9]
- 59 Cost recovery if minister carries out remediation [§39.10]
-
Escheat Act, R.S.B.C. 1996, c. 120
- Overview of the Escheat Act [§40.1]
-
Legislation and Commentary [§40.2]
- Part 1—Escheats
- 1 Escheated land may be taken by attorney general [§40.3]
- 1.1 Delegation by Attorney General [§40.4]
- 3 Escheat of estates [§40.5]
- 4 Escheat of land on dissolution of corporation [§40.6]
- 4.1 Disposal of escheated water system property [§40.7]
- 5 Power to restore land to legal or moral claimants [§40.8]
- 7 Waiver of government rights [§40.9]
- 11 Sale of escheated land [§40.10]
- 12 Powers of Attorney General to dispose of land [§40.11]
- 14 Property Crown granted that has escheated [§40.12]
- Part 2—Operation of Water Systems Property
- 15 Definitions [§40.13]
- 20 Lien against serviced property [§40.14]
- 21 Filing of certificate [§40.15]
-
Expropriation Act, R.S.B.C. 1996, c. 125
- Overview of the Expropriation Act [§41.1]
-
Legislation and Commentary [§41.2]
- Part 1—Definitions and Application
- 1 Definitions [§41.3]
- 2 Application [§41.4]
- 3 If the owner agrees to transfer or dedicate land [§41.5]
- Part 2—Approval
- 4 Approval of expropriation [§41.6]
- 5 Dispensing with approval and inquiry [§41.7]
- Part 3—Pre-Expropriation Procedures
- 6 Expropriation notice [§41.8]
- 7 Land title office filing and registration [§41.9]
- 16 Modification of expropriation [§41.10]
- Part 4—Expropriation
- 18 Decision of approving authority [§41.11]
- 19 Abandonment [§41.12]
- 21 Divesting after expropriation [§41.13]
- 23 Vesting and possession [§41.14]
- 24 Correction of errors [§41.15]
- Part 5—Compensation Procedures
- 26 Jurisdiction and decision [§41.16]
- Part 7—General
- 54 Power to make regulations [§41.17]
- 55 [Repealed] [§41.18]
- Appendix: Selected Forms [§41.19]
-
Family Matters
- Overview of Acts [§42.1]
-
Family Law Act, S.B.C. 2011, c. 25 [§42.2]
- Overview of the Family Law Act [§42.3]
-
Legislation and Commentary [§42.4]
- Part 1—Interpretation
- 1 Definitions [§42.5]
- 2 General interpretation [§42.6]
- 3 Spouses and relationships between spouses [§42.7]
- Part 5—Property Division
- Division 1—General Rules
- 81 Equal entitlement and responsibility [§42.8]
- 81.1 Certain presumptions not to be applied [§42.9]
- 82 Rights and remedies of third parties [§42.10]
- Division 2—Determining Family Property and Family Debt
- 83 Interpretation [§42.11]
- 84 Family property [§42.12]
- 85 Excluded property [§42.13]
- 86 Family debt [§42.14]
- 87 Valuing family property and family debt [§42.15]
- Division 3—Before Agreement or Final Order Is Made
- 88 Orders under this Division [§42.16]
- 89 Orders for interim distribution of property [§42.17]
- 90 Temporary orders respecting family residence [§42.18]
- 91 Temporary orders respecting protection of property [§42.19]
- Division 4—Dividing Family Property and Family Debt
- 92 Agreements respecting property division [§42.20]
- 93 Setting aside agreements respecting property division [§42.21]
- 94 Orders respecting property division [§42.22]
- 95 Unequal division by order [§42.23]
- 96 Division of excluded property [§42.24]
- 97 Giving effect to property division [§42.25]
- Division 5—Enforcing and Protecting Property Interests
- 98 Definitions [§42.26]
- 99 Filing in land title office [§42.27]
- 101 Orders for postponement, cancellation or discharge [§42.28]
- 102 Donor of gift is party to agreement [§42.29]
- 103 Enforceability of interest in property [§42.30]
- 104 Rights under this Part [§42.31]
- Division 6—Jurisdiction and Choice of Law Rules
- 105 Definitions and interpretation [§42.32]
- 106 Determining whether to act under this Part [§42.33]
- 107 Proper law of the relationship between the spouses [§42.34]
- 108 Choice of law rules [§42.35]
- 109 Extraprovincial property [§42.36]
- Part 7—Child and Spousal Support
- Division 1—Definitions
- 146 Definitions [§42.37]
- Division 2—Child Support
- 148 Agreements respecting child support [§42.38]
- Division 4—Spousal Support
- 163 Agreements respecting spousal support [§42.39]
- Part 8—Children’s Property
- 175 Definitions [§42.40]
- 179 Appointment of trustee by Supreme Court [§42.41]
- 180 Subsequent applications respecting trustee [§42.42]
- 181 When child’s property must be delivered to child [§42.43]
- Part 12—Regulations
- 248 General regulation-making powers [§42.44]
- 252 Transition—proceeding respecting property division [§42.45]
- Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127 [§42.46]
-
Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29 [§42.52]
- Overview of the Interjurisdictional Support Orders Act [§42.53]
-
Legislation and Commentary [§42.54]
- Part 3—Registration of Orders Made Outside British Columbia
- 16 Application [§42.55]
- 17 Receipt of an order in British Columbia [§42.56]
- 18 Registration of extraprovincial or foreign order [§42.57]
- 19 Foreign orders after registration [§42.58]
- 20 Effect of setting aside registration of foreign orders [§42.59]
-
Land (Spouse Protection) Act, R.S.B.C. 1996, c. 246 [§42.60]
- Overview of the Land (Spouse Protection) Act [§42.61]
-
Legislation and Commentary [§42.62]
- 1 Definitions [§42.63]
- 2 Application for charge under this Act [§42.64]
- 3 When disposition without consent of spouse is void [§42.65]
- 4 Application of Wills, Estates and Succession Act [§42.66]
- 5 Spouses living apart [§42.67]
- 6 When Act ceases to apply [§42.68]
- 7 Filing of consent on disposition [§42.69]
- 8 Dispensing with consent and notice [§42.70]
- 9 Presumption of consent from participation in sale [§42.71]
- 10 Abandonment by spouse of benefits and privileges [§42.72]
- 11 Cancellation on protected spouse predeceasing other spouse [§42.73]
- 12 Spouse may be required to show why entry should not be discharged [§42.74]
- 13 Appeal from registrar’s decision [§42.75]
- 14 [Repealed] [§42.76]
- 15 Power to prescribe forms [§42.77]
-
Fraudulent Conveyance and Fraudulent Preference Acts
- Fraudulent Conveyance Act, R.S.B.C. 1996, c. 163 [§43.1]
-
Fraudulent Preference Act, R.S.B.C. 1996, c. 164 [§43.6]
- Overview of the Fraudulent Preference Act [§43.7]
-
Legislation and Commentary [§43.8]
- 1 Definition [§43.9]
- 2 Instruments preferring creditors [§43.10]
- 3 Transfers which prejudice creditors [§43.11]
- 4 Transfers having effect of preference [§43.12]
- 5 What transactions to be deemed preferential [§43.13]
- 6 Sales and transfers in good faith [§43.14]
- 7 Following proceeds of property fraudulently transferred [§43.15]
- 8 Conveyances void as against registered judgment [§43.16]
- 9 Setting aside fraudulent conveyances [§43.17]
- 10 Determination of disputed questions [§43.18]
- 11 Certificate of proceedings [§43.19]
- 12 Costs in discretion of court [§43.20]
-
Interpretation Act, R.S.B.C. 1996, c. 238
- Overview of the Interpretation Act [§44.1]
-
Legislation and Commentary [§44.2]
- 1 Definitions [§44.3]
- 8 Enactment remedial [§44.4]
- 8.1 Section 35 of Constitution Act, 1982 and Declaration [§44.5]
- 14 Government bound by enactments; exception [§44.6]
- 25 General rules for determining beginning or end of periods of time [§44.7]
- 25.1 Calculation of age [§44.8]
- 25.2 Determining the beginning or end of periods of days or weeks [§44.9]
- 25.3 Determining the beginning or end of periods of months [§44.10]
- 25.4 Determining the beginning or end of periods of years [§44.11]
- 25.5 If day specified is holiday or office closed [§44.12]
- 28 Use of forms and words [§44.13]
- 29 Expressions defined [§44.14]
- 29.1 Definitions in relation to treaty first nations [§44.15]
- 29.2 Definitions in relation to Nisga’a Final Agreement [§44.16]
- 40 Definitions in Community Charter and Local Government Act apply to other enactments [§44.17]
-
Land Act, R.S.B.C. 1996, c. 245
- Overview of the Land Act [§45.1]
-
Legislation and Commentary [§45.2]
- 1 Definitions [§45.3]
- 1.1 Exclusions from Crown land definition [§45.4]
- Part 1—Land Districts and Land Recording Districts
- 7 Crown land registry [§45.5]
- Part 1.1—Integrated Land and Resource Registry
- 7.1 Definitions [§45.6]
- 7.2 Integrated Land and Resource Registry [§45.7]
- 7.3 No notice or knowledge of information in integrated registry [§45.8]
- 7.4 Public access to integrated registry [§45.9]
- 7.5 Personal liability protection [§45.10]
- 7.6 [Repealed] [§45.11]
- 7.7 Offences [§45.12]
- 7.8 Power to make regulations [§45.13]
- Part 2—Disposition of Crown Land—General
- 8 If no disposition [§45.14]
- 9 Citizenship of grantee [§45.15]
- 10 Application for Crown land [§45.16]
- 10.1 When no application for Crown land may be made [§45.17]
- 11 Minister may dispose of Crown land [§45.18]
- 12 Crown grant of cancelled dedicated land [§45.19]
- 13 Roads [§45.20]
- 27 Reservations to which purchasers are subject [§45.21]
- 31 Transfers to Canada [§45.22]
- Part 3—Application Procedure for Disposition of Crown Land
- 34 Disposition by minor [§45.23]
- 38 Lease [§45.24]
- 40 Right of way and easement [§45.25]
- Part 4—Disposition of Crown Land—Cancellation, Amendment and Abandonment
- 43 Cancellation of disposition [§45.26]
- 44 Amendment and cancellation if approval or grant improper [§45.27]
- Part 5—Crown Grants
- 48 Issue of Crown grant [§45.28]
- 49 Form of Crown grant [§45.29]
- 50 Exceptions and reservations [§45.30]
- 51 Grant of Crown land to government corporations and bodies [§45.31]
- 52 Power to delete terms in Crown grants [§45.32]
- 53 Procedure to cancel defective grants [§45.33]
- 54 Delivery and registration of Crown grants [§45.34]
- 55 Bodies of water [§45.35]
- 56 Application [§45.36]
- 57 Roads [§45.37]
- 58 Application to include body of water or road in subdivision [§45.38]
- Part 7—Surveys
- 77.1 Treaty lands—survey instructions [§45.39]
- 80 Access to private land [§45.40]
- 81 Agreed boundary [§45.41]
- 88 Confirmation of resurvey plan [§45.42]
- 90 Resurvey binding [§45.43]
- Part 7.2—Deposit of Electronic Plans in Crown Land Registry
- Division 1—Definitions and Application
- 93.9 Definitions [§45.44]
- 93.901 Application of this Part [§45.45]
- Division 2—Electronic Plans
- 93.91 Effect of electronic plan [§45.46]
- 93.911 Submission of electronic plans [§45.47]
- 93.92 Form and manner of completion [§45.48]
- 93.93 Signing requirements—British Columbia land surveyor [§45.49]
- 93.94 Submitting electronic plans [§45.50]
- 93.941 Signing requirements—Surveyor General [§45.51]
- Division 3—Certification of Subscribers
- 93.95 Certification authority [§45.52]
- 93.96 Certification practice statement [§45.53]
- 93.97 Warranties of certification authorities [§45.54]
- 93.98 Immunity [§45.55]
- 93.99 Delegation of powers to Director of Land Titles [§45.56]
- Division 4—General
- 93.991 Offences [§45.57]
- Part 8—Additional Powers
- 94 Crown grant payments [§45.58]
- 102 Minister may consent to plan proceedings [§45.59]
- 103 Minister may order government title cancelled [§45.60]
- 104 Affidavits [§45.61]
- 106 Land revested in government [§45.62]
- 109 Execution of documents [§45.63]
- 109.1 Fees for services provided by Surveyor General [§45.64]
-
Land Owner Transparency Act, S.B.C. 2019, c. 23
- Overview of the Land Owner Transparency Act [§46.1]
-
Legislation and Commentary [§46.2]
- Part 1—Definitions, Interpretation and Application
- 1 Definitions [§46.3]
- 2 Meaning of “beneficial owner” [§46.4]
- 3 Meaning of “corporate interest holder” [§46.5]
- 4 Meaning of “partnership interest holder” [§46.6]
- 5 Application of Land Title Act [§46.7]
- 6 Act does not apply to Indigenous land or prescribed land [§46.8]
- 7 Primary identification information—corporations and limited liability companies [§46.9]
- 8 Primary identification information—individuals [§46.10]
- 9 Primary identification information—relevant partnerships [§46.11]
- Part 2—Transparency Declarations and Transparency Reports
- Division 1—Transparency Declarations
- 10 Transparency declaration required with application to register interest in land [§46.12]
- 11 Refusal of application if transparency declaration not submitted, certified or signed [§46.13]
- Division 2—Transparency Reports
- 12 Transparency report required with application to register interest in land [§46.14]
- 13 General rules for filing and completing transparency reports [§46.15]
- 14 Refusal of application if transparency report not submitted, certified or signed [§46.16]
- 15 Transparency report required from pre-existing and other owners [§46.17]
- 16 Transparency report required on change of interest holders or determination of incapacity [§46.18]
- 17 Filing of new transparency report to correct previous report [§46.19]
- 17.1 Notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership [§46.20]
- Division 3—Content of Transparency Reports
- 18 Information required in transparency reports [§46.21]
- 19 Information about interest holders [§46.22]
- 20 Information about settlors [§46.23]
- 21 Requirements if unable to obtain information about interest holders or settlors [§46.24]
- 22 Identification of incapacity [§46.25]
- 23 Interest holder’s duty to give information [§46.26]
- 24 Notice to interest holders and settlors [§46.27]
- Division 4—Certification and Electronic Signatures
- 25 Certification of transparency declarations and transparency reports [§46.28]
- 26 Electronic signing [§46.29]
- 27 Prohibitions in relation to electronic signing [§46.30]
- Part 3—Access to Transparency Records, Reported Information and Publicly Accessible Information
- 28 Definitions for Part 3 [§46.31]
- 29 Administrator’s duty to keep and maintain records and information [§46.32]
- 30 Administrator’s duty to make information available [§46.33]
- 31 Inspections and searches by enforcement officer and ministry officials [§46.34]
- 32 Inspections and searches for tax and related purposes [§46.35]
- 33 Inspections and searches for law enforcement purposes [§46.36]
- 34 Inspections and searches by regulators [§46.37]
- 35 Searches by members of public [§46.38]
- 36 Manner of conducting inspections and searches [§46.39]
- 37 Restrictions on inspections and searches [§46.40]
- 38 Fees for inspections and searches [§46.41]
- 39 Mandatory omission of information from publicly accessible information [§46.42]
- 40 Application to omit information if health or safety at risk [§46.43]
- 41 Determination of application to omit information [§46.44]
- 42 Application to correct or change information [§46.45]
- 43 Determination of application to correct or change information [§46.46]
- 44 Omissions, changes or annotations on administrator’s initiative [§46.47]
- 45 Omissions, changes or annotations required by enforcement officer [§46.48]
- Part 5—General
- 87 How documents must be given to registrar or administrator [§46.49]
- Schedule 1 [§46.50]
- Schedule 2 [§46.53]
- Land Surveys Legislation
-
Land Title and Survey Authority Act, S.B.C. 2004, c. 66
- Overview of the Land Title and Survey Authority Act [§48.1]
-
Legislation and Commentary [§48.2]
- Part 1—Definitions
- 1 Definitions [§48.3]
- Part 2—Authority Established
- 2 Land Title and Survey Authority of British Columbia established [§48.4]
- 3 Status of assets if Authority is dissolved [§48.5]
- 4 Purposes of Authority [§48.6]
- 5 Property of Authority [§48.7]
- Part 3—Governance of Authority
- Division 1—Board of Directors
- 6 Board of directors [§48.8]
- 7 Nomination and appointment process [§48.9]
- 8 Directors appointed by panel [§48.10]
- 9 Persons qualified to be directors [§48.11]
- 10 Register of directors [§48.12]
- 11 When director ceases to hold office [§48.13]
- 12 Appointment of replacement directors [§48.14]
- 13 Factors to be considered in appointments [§48.15]
- Division 2—Powers and Duties of Directors and Officers
- 14 Powers and functions of directors [§48.16]
- 15 Role of directors [§48.17]
- 16 Duties of directors and senior officers [§48.18]
- 17 Validity of acts of directors and senior officers [§48.19]
- 18 Proceedings of directors [§48.20]
- 19 Bylaws [§48.21]
- 20 New or increased fees [§48.22]
- 20.1 New or increased fees under Land Owner Transparency Act [§48.23]
- 21 Charges payable by government or government body [§48.24]
- Division 3—General
- 22 Remuneration and reimbursement of directors [§48.25]
- 23 Indemnification [§48.26]
- 24 Head office [§48.27]
- 25 Records [§48.28]
- 26 Annual general meeting [§48.29]
- Part 4—Conflicts of Interest
- 27 Disclosable interests [§48.30]
- 28 Obligation to account for profits [§48.31]
- 29 Powers of court [§48.32]
- 30 Validity of contracts and transactions [§48.33]
- 31 Limitation of obligations of directors and senior officers [§48.34]
- 32 Disclosure of conflict of office or property [§48.35]
- Part 5—Officers and Employees
- 33 Appointment of chief executive officer [§48.36]
- 34 Appointment of Surveyor General and other employees [§48.37]
- Part 6—Financial Administration
- 35 Fiscal year of Authority [§48.38]
- 36 Appointment of auditor [§48.39]
- 37 Financial statements [§48.40]
- 38 Business plan [§48.41]
- Part 7—General
- 39 Decisions of the First Nations Summit [§48.42]
- 40 Application of other Acts [§48.43]
- 41 Appointment of administrator [§48.44]
- 42 Offence Act [§48.45]
- 43 Power to make regulations [§48.46]
- Part 8—Transitional Provisions and Consequential Amendments
- Transitional Provisions
- 44 First chief executive officer and directors of Authority [§48.47]
- 45 Transitional—financial administration [§48.48]
- 46 Transitional—appointments continued [§48.49]
- 47 Transitional—transfer of property and records [§48.50]
- 48 Transitional—approved forms under the Land Title Act [§48.51]
-
Land Title Inquiry Act, R.S.B.C. 1996, c. 251
- Overview of the Land Title Inquiry Act [§49.1]
-
Legislation and Commentary [§49.2]
- 1 Right to judicial investigation of fee simple title [§49.3]
- 2 Investigation of interest in land [§49.4]
- 3 Investigation of title of government to land [§49.5]
- 4 Application proceedings [§49.6]
- 5 Affidavit of applicant [§49.7]
- 6 Certificate of counsel [§49.8]
- 7 Registration in land title office [§49.9]
- 8 Evidence [§49.10]
- 9 Form of evidence [§49.11]
- 10 Payment of taxes required [§49.12]
- 11 Further evidence [§49.13]
- 12 Notice of application and decision to be published before declaration [§49.14]
- 13 Publication sufficient notice [§49.15]
- 14 Notice to adverse claimants [§49.16]
- 15 Other notice [§49.17]
- 16 Adverse claimant to file statement of his claim [§49.18]
- 17 Contested title [§49.19]
- 18 Security for costs [§49.20]
- 19 Costs [§49.21]
- 20 Withdrawal of application [§49.22]
- 21 Court may refer petition to referee [§49.23]
- 22 Exceptions to claim of title [§49.24]
- 23 Declaration of title [§49.25]
- 24 Order for possession [§49.26]
- 25 Death or change of interest [§49.27]
- 26 Informalities not to invalidate proceedings [§49.28]
- 27 Registration and effect of declaration [§49.29]
- 28 Certified copy of declaration to be admissible evidence [§49.30]
- 29 Declaration obtained by fraud or falsehood [§49.31]
- 30 Construction of Act [§49.32]
-
Land Transfer Form Act, R.S.B.C. 1996, c. 252
- Overview of the Land Transfer Form Act [§50.1]
-
Legislation and Commentary [§50.2]
- 1 Definitions [§50.3]
- Part 1
- 2 Effect of deed [§50.4]
- 3 Deed to include all buildings, reversions and estate [§50.5]
- 4 Validity of deed failing to take effect by this Part [§50.6]
- Part 2
- 5 Effect of lease [§50.7]
- 6 Lease to include all buildings [§50.8]
- 7 Validity of lease failing to take effect by this Part [§50.9]
- 8 Covenants not to assign or sublet [§50.10]
- Part 3
- 9 Effect of mortgage [§50.11]
- 10 Mortgage to include all buildings, reversions and estate [§50.12]
- 11 Taxation of bills [§50.13]
- 12 Validity of mortgage failing to take effect by this Part [§50.14]
- 13 Schedules and directions form part of Act [§50.15]
- Schedules [§50.16]
-
Law and Equity Act, R.S.B.C. 1996, c. 253
- Overview of the Law and Equity Act [§51.1]
-
Legislation and Commentary [§51.2]
- 2 Application of English Law in British Columbia [§51.3]
- 12 Merger [§51.4]
- 13 Mortgagor may sue in respect of mortgaged land [§51.5]
- 14 Mortgagor may require mortgagee to assign [§51.6]
- 21 Venue in foreclosure proceedings [§51.7]
- 36 Assignment of debts and choses in action [§51.8]
- 37 Vesting orders [§51.9]
- 38 Execution of instruments by order of court [§51.10]
- 59 Enforceability of contracts [§51.11]
- 60 Spousal capacity and property [§51.12]
- 60.1 Responsibility for former spouse [§51.13]
- 61 [Repealed] [§51.14]
-
Local Government Legislation
- Overview of Local Government Legislation [§52.1]
-
Community Charter, S.B.C. 2003, c. 26 [§52.2]
- Part 1—Principles, Purposes and Interpretation
- 1 Principles of municipal governance [§52.3]
- 2 Principles of municipal-provincial relations [§52.4]
- 3 Purposes of Act [§52.5]
- 4 Broad interpretation [§52.6]
- 5 Definitions and other interpretation rules [§52.7]
- Part 2—Municipal Purposes and Powers
- Division 1—Purposes and Fundamental Powers
- 6 Municipalities and their councils [§52.8]
- 7 Municipal purposes [§52.9]
- 8 Fundamental powers [§52.10]
- 9 Spheres of concurrent authority [§52.11]
- Division 2—Scope of Jurisdiction
- 10 Relationship with Provincial laws [§52.12]
- 11 Area of jurisdiction [§52.13]
- Division 3—Ancillary Powers
- 13 Services outside municipality [§52.14]
- 13.1 Services within treaty lands [§52.15]
- 14 Intermunicipal service, regulatory and other schemes [§52.16]
- Part 3—Additional Powers and Limits on Powers
- Division 1—Partnering and Other Agreements
- 21 Partnering agreements [§52.17]
- 22 Agreements granting exclusive or limited franchises [§52.18]
- 23 Agreements with other public authorities [§52.19]
- Division 3—Municipal Property
- 26 Notice of proposed property disposition [§52.20]
- 27 Exchange or other disposal of park land [§52.21]
- 28 Disposal of water systems, sewage systems and other utilities [§52.22]
- 29 Municipal ownership of subdivision park land [§52.23]
- 30 Reservation and dedication of municipal property [§52.24]
- Division 4—Expropriation and Compensation
- 31 General expropriation power [§52.25]
- 32 Authority to enter on and use property [§52.26]
- 33 Compensation for expropriation and other actions [§52.27]
- 34 Appropriation of stream channel or bed without compensation [§52.28]
- Division 5—Highways
- 35 Ownership and possession of highways [§52.29]
- 36 General authority in relation to highways [§52.30]
- 37 Intermunicipal boundary highways [§52.31]
- 38 Temporary traffic restriction and traffic control [§52.32]
- 39 Additional powers in relation to highways [§52.33]
- 40 Permanent closure and removal of highway dedication [§52.34]
- 41 Restrictions in relation to highway disposition, closure or alteration [§52.35]
- 42 Agreements respecting compensation for extraordinary traffic [§52.36]
- 43 Agreements respecting municipal equipment on utility poles [§52.37]
- 44 Agreements to reserve land for highway purposes [§52.38]
- 45 Highway construction and dikes [§52.39]
- 46 Use of highways and public places [§52.40]
- Division 8—Building Regulation
- 56 Requirement for geotechnical report [§52.41]
- 57 Note against land title that building regulations contravened [§52.42]
- 58 Cancellation of note against land title [§52.43]
- Division 12—Remedial Action Requirements
- 80 Recovery of municipal costs through sale of property [§52.44]
- Part 5—Municipal Government and Procedures
- Division 5—Officers and Employees
- 146 Officer positions [§52.45]
- 148 Corporate officer [§52.46]
- Division 7—Other Matters
- 159 Notice to municipality [§52.47]
- 160 Notice by municipality: obligation satisfied if reasonable effort made [§52.48]
- 162 Certified copies of municipal records [§52.49]
- 163 Evidence of municipal bylaws and other records [§52.50]
- Part 7—Municipal Revenue
- Division 1—General
- 192 General revenue sources [§52.51]
- 193 Authority for fees and taxes [§52.52]
- Division 3—Property Value Taxes
- 197 Annual property tax bylaw [§52.53]
- 198 Assessment averaging and phasing options [§52.54]
- 198.1 Development potential relief [§52.55]
- 199 Property tax rates regulations [§52.56]
- Division 4—Parcel Taxes
- 200 Parcel tax bylaw [§52.57]
- 201 Property subject to parcel tax [§52.58]
- 202 Parcel tax roll for purpose of imposing tax [§52.59]
- 203 Content of parcel tax roll [§52.60]
- Division 5—Local Service Taxes
- 210 Authority for local area services [§52.61]
- 211 Requirements for establishing a local area service [§52.62]
- 216 Local service taxes [§52.63]
- Division 6—Statutory Exemptions
- 220 General statutory exemptions [§52.64]
- 221 Grandparented pollution abatement exemptions [§52.65]
- 221.1 Grandparented dust and particulate matter eliminator exemptions [§52.66]
- 222 Phased farm property tax exemption [§52.67]
- 223 Exemptions under regulations [§52.68]
- Division 7—Permissive Exemptions
- 224 General authority for permissive exemptions [§52.69]
- 225 Partnering, heritage, riparian and other special exemption authority [§52.70]
- 226 Revitalization tax exemptions [§52.71]
- 227 Notice of permissive tax exemptions [§52.72]
- Division 8—Tax Liability of Occupiers
- 228 Taxation of Crown land used by others [§52.73]
- 229 Taxation of municipal land used by others [§52.74]
- 230 Taxation of occupier of exempt land [§52.75]
- Division 9—General Revenue Collection Authority
- 231 Recovery of taxes and fees [§52.76]
- 232 Collection agreements with other taxing authorities [§52.77]
- Division 10—Property Tax Due Dates and Tax Notices
- 232.1 Definition and application of section 160 [§52.78]
- 233 Options for tax due dates [§52.79]
- 234 General tax collection scheme [§52.80]
- 235 Alternative municipal tax collection scheme [§52.81]
- 236 Owner may elect which scheme to use [§52.82]
- 237 General tax notices [§52.83]
- 238 Persons may request copies of tax notices [§52.84]
- Division 11—Adjustments to Taxes
- 239 Interest on overpayment of taxes [§52.85]
- 240 Adjustments for assessment changes [§52.86]
- 241 Taxation based on supplementary roll [§52.87]
- 242 Apportionment of property value taxes if land subdivided [§52.88]
- 243 Apportionment of parcel taxes if land subdivided [§52.89]
- Division 12—Payment of Taxes
- 244 Application of tax payments [§52.90]
- 245 Taxes in arrear [§52.91]
- 246 Delinquent taxes [§52.92]
- 247 Treatment of outstanding taxes on subdivision or cancellation of subdivision [§52.93]
- 248 Statement of outstanding taxes [§52.94]
- 249 Certificate of outstanding taxes [§52.95]
- Division 13—Recovery of Taxes
- 250 Taxes are a special charge on the land [§52.96]
- 251 Liability of assessed owner [§52.97]
- 252 Recovery of taxes by the legal remedy of distress [§52.98]
- 253 Power to accept real property in place of taxes [§52.99]
- 254 Tax sales [§52.100]
- 255 Notice of delinquent taxes on Crown land [§52.101]
- 256 Recovery of taxes on Crown land subject to an agreement for sale [§52.102]
- 257 Recovery of taxes on Crown land held under lease or licence [§52.103]
- Division 14—Recovery of Special Fees
- 258 Special fees may be collected as property taxes [§52.104]
- 259 Special fees that are liens against property [§52.105]
- Schedule—Definitions and Rules of Interpretation
- 1 Definitions [§52.106]
- 2 Application of Local Government Act definitions [§52.107]
- 4 References to municipal officers [§52.108]
-
Local Government Act, R.S.B.C. 2015, c. 1 [§52.109]
- Part 1—Purposes and Interpretation
- 1 Purposes of this Act [§52.110]
- 2 Definitions and other interpretation rules [§52.111]
- Division 4—Specific Powers in Relation to Municipal Letters Patent
- Additional powers where former municipality dissolved when new municipality incorporated [§52.112]
- Part 2—Incorporation of Municipalities and Regional Districts
- Division 5—Municipal Incorporation or Boundary Changes: Related Matters
- 36 Collection of taxes in relation to municipal boundary changes [§52.113]
- 39 Rights and liabilities not affected by reissue of letters patent [§52.114]
- Part 5—Regional Districts: Purposes, Principles and Interpretation
- 185 Purposes of regional districts [§52.115]
- 186 Principles for regional district-provincial relations [§52.116]
- 187 Broad interpretation [§52.117]
- 189 References to regional district officers [§52.118]
- Part 6—Regional Districts: Governance and Procedures
- Division 1—Regional Districts and Their Boards
- 193 Regional district corporations [§52.119]
- 194 Board as governing body [§52.120]
- 195 Area of jurisdiction [§52.121]
- Division 10—Other Matters
- 246 Giving notice to regional districts [§52.122]
- 247 Notice by regional district: obligation satisfied if reasonable effort made [§52.123]
- Part 8—Regional Districts: General Powers and Responsibilities
- Division 5—General Property Powers
- 278 Reservation and dedication of land for public purpose: application of Community Charter [§52.124]
- 279 Control of Crown land parks dedicated by subdivision [§52.125]
- 280 Disposition of regional parks and trails [§52.126]
- 281 Exchange of park land: application of Community Charter [§52.127]
- Part 9—Regional Districts: Specific Service Powers
- Division 1—Building Regulation
- 297 Authority requires regional district service [§52.128]
- 298 Building regulation bylaws [§52.129]
- Division 3—Drainage, Sewerage and Related Matters
- 313 Appropriation of stream channel or bed [§52.130]
- Part 10—Regional Districts: Service Structure and Establishing Bylaws
- Division 1—General Service Powers
- 332 General authority for services [§52.131]
- Part 11—Regional Districts: Financial Management
- Division 5—Fees, Charges and Interest
- 397 Imposition of fees and charges [§52.132]
- 398 Interest calculation [§52.133]
- 399 Special fees and charges that are to be collected as taxes [§52.134]
- 400 Special fees and charges that are liens against property [§52.135]
- Part 14—Planning and Land Use Management
- Overview of Part 14 [§52.136]
- Division 1—General
- 455 Definitions in relation to this Part [§52.137]
- Division 5—Zoning Bylaws
- 483 Housing agreements for affordable housing and special needs housing [§52.138]
- Division 6—Development Approval Information Requirements
- 484 Development approval information [§52.139]
- 485 Development approval information areas or circumstances [§52.140]
- 486 Bylaw authority in relation to development approval information [§52.141]
- 487 Requirement to provide development approval information [§52.142]
- Division 7—Development Permits
- 488 Designation of development permit areas [§52.143]
- 489 Activities that require a development permit [§52.144]
- 490 Development permits: general authority [§52.145]
- 491 Development permits: specific authorities [§52.146]
- Division 8—Temporary Use Permits
- 492 Designation of temporary use permit areas [§52.147]
- 493 Temporary use permits for designated areas and other areas [§52.148]
- 494 Public notice and hearing requirements [§52.149]
- 495 Permit conditions: undertakings respecting land [§52.150]
- 496 Permit conditions: additional security requirements [§52.151]
- 497 Term of permit and renewal of permit [§52.152]
- Division 9—Development Variance Permits
- 498 Development variance permits [§52.153]
- 498.1 Delegation of power to issue development variance permit [§52.154]
- 499 Notice to affected property owners and tenants [§52.155]
- Division 10—Other Permits and Permit Matters
- 501 General land use permit matters [§52.156]
- 502 Requirement for security as condition of land use permit [§52.157]
- 503 Notice of permit on land title [§52.158]
- 504 Permit lapses if relevant construction not substantially started [§52.159]
- Division 11—Subdivision and Development: Requirements and Related Matters
- 506 Subdivision servicing requirements [§52.160]
- 507 Requirements for excess or extended services [§52.161]
- 508 Latecomer charges and cost recovery for excess or extended services [§52.162]
- 509 Completion of required works and services [§52.163]
- 510 Requirement for provision of park land or payment for parks purposes [§52.164]
- 513 Requirement to provide land for new highway or widening existing highway [§52.165]
- 514 Subdivision to provide residence for a relative [§52.166]
- Division 12—Phased Development Agreements
- 515 Definitions in relation to this Division [§52.167]
- 516 Phased development agreements [§52.168]
- 520 Subdivision approval for land subject to phased development agreement [§52.169]
- 521 Notice of phased development agreement on land title [§52.170]
- Division 16—Discharge and Termination of Land Use Contracts
- 545 Application to land use contracts under previous legislation [§52.171]
- 546 Amendment and discharge of land use contract [§52.172]
- 547 Termination of all land use contracts in 2024 [§52.173]
- 548 Process for early termination of land use contract [§52.174]
- 549 Notice of termination [§52.175]
- 550 Discharge of terminated land use contract [§52.176]
- Part 15—Heritage Conservation
- Division 2—Notices Under This Part
- 594 Notice on land titles [§52.177]
- Division 7—Remedies and Offences
- 620 Notice of contravention may be filed in land title office [§52.178]
- Part 16—Municipal Provisions
- Division 7—Annual Municipal Tax Sale
- 651 Purchaser to give authority to register tax sale title [§52.179]
- 652 Collector to provide certificate of sale [§52.180]
- 656 Notice of tax sale must be filed in land title office [§52.181]
- 657 Owners must be given notice of tax sale and redemption period [§52.182]
- 658 Assessment and taxes during redemption period [§52.183]
- 660 Redemption by owner [§52.184]
- 662 Notice of redemption to be filed in land title office [§52.185]
- 663 Registration of tax sale purchaser as owner [§52.186]
- 664 Refusal of registration [§52.187]
- 665 Effect of tax sale on rights of owners [§52.188]
- 666 Action by owner to have tax sale set aside [§52.189]
- 667 Court may reinstate taxes if sale set aside [§52.190]
- 668 Council authority to cancel sale in case of error [§52.191]
- 669 Restrictions on legal actions in relation to tax sale [§52.192]
- 671 Procedure if purchaser under agreement for sale defaults [§52.193]
- Part 17—Improvement Districts
- Overview of Part 17 [§52.194]
- Schedule—Definitions and Other Interpretation Matters
- 1 Definitions [§52.195]
- 2 Application of Community Charter definitions [§52.196]
- 4 [Repealed] [§52.197]
- 5 Application of Escheat Act [§52.198]
- Municipal Replotting Act, R.S.B.C. 2016, c. 1 [§52.199]
- Appendix 1 [§52.201]
- Appendix 2 [§52.203]
-
Partition of Property Act, R.S.B.C. 1996, c. 347
- Overview of the Partition of Property Act [§53.1]
-
Legislation and Commentary [§53.2]
- 1 Definitions [§53.3]
- 2 Parties may be compelled to partition or sell land [§53.4]
- 3 Pleadings [§53.5]
- 4 Parties to proceeding and persons entitled to notice [§53.6]
- 5 Proceedings if parties cannot be served [§53.7]
- 6 Sale of property where majority requests [§53.8]
- 7 Sale in place of partition [§53.9]
- 8 Purchase of share of person applying for sale [§53.10]
- 9 Persons under disability [§53.11]
- 10 Court may allow interested parties to bid [§53.12]
- 11 Money arising from sale subject to court order [§53.13]
- 12 Application of money without court order [§53.14]
- 13 Investment of money [§53.15]
- 14 Interests of persons if service of notice dispensed with [§53.16]
- 15 Abatement in favour of parties previously excluded [§53.17]
- 16 Costs [§53.18]
- 17 Application of Land Title Act [§53.19]
-
Perpetuity Act, R.S.B.C. 1996, c. 358
- Overview of the Perpetuity Act [§54.1]
-
Legislation and Commentary [§54.2]
- 1 Definitions [§54.3]
- 2 Application of Act [§54.4]
- 3 Application of remedial provisions [§54.5]
- 4 Rules not applicable to benefit trusts [§54.6]
- 5 Application to the government [§54.7]
- 6 Rule against perpetuities [§54.8]
- 7 Eighty year perpetuity period permitted [§54.9]
- 8 Possibility of vesting beyond period [§54.10]
- 9 Presumption of validity [§54.11]
- 10 Determination of perpetuity period [§54.12]
- 11 Reduction of age [§54.13]
- 12 Exclusion of class members to avoid remoteness [§54.14]
- 13 General cy pres provision [§54.15]
- 14 Presumptions and evidence as to future parenthood [§54.16]
- 15 Application to court to determine validity [§54.17]
- 16 Interim income [§54.18]
- 17 Saving provision and acceleration of expectant interests [§54.19]
- 18 Powers of appointment [§54.20]
- 19 Administrative powers of trustees [§54.21]
- 20 Options to acquire reversionary interests [§54.22]
- 21 Commercial transactions [§54.23]
- 22 Easements, profits-à-prendre [§54.24]
- 23 Possibilities of reverter and conditions subsequent [§54.25]
- 24 Specific noncharitable trusts [§54.26]
- 25 Accumulations of income [§54.27]
-
Personal Property Security Act, R.S.B.C. 1996, c. 359
- Overview of the Personal Property Security Act [§55.1]
-
Legislation and Commentary [§55.2]
- Part 1—Interpretation and Application
- 1 Definitions and interpretation [§55.3]
- 2 Scope of Act: security interests [§55.4]
- 4 Exclusions from scope of Act [§55.5]
- Part 3—Perfection and Priorities
- 36 Security interests in fixtures [§55.6]
- 37 Security interests in crops [§55.7]
- Part 4—Registration
- 49 Registration in land title office [§55.8]
- Part 6—Miscellaneous
- 72 Service of statements, notices and demands [§55.9]
- 74 Conflicts with specific legislation [§55.10]
- 77 Transition: applicable law [§55.11]
-
Property Law Act, R.S.B.C. 1996, c. 377
- Overview of the Property Law Act [§56.1]
-
Legislation and Commentary [§56.2]
- 1 Definitions [§56.3]
- 2 Rights in completing sale of land [§56.4]
- 3 Summary application to court [§56.5]
- 4 Vendor to deliver registrable instrument [§56.6]
- 5 Transferor to deliver registrable instrument [§56.7]
- 6 Vendor or transferor to register own title [§56.8]
- 7 Transferor to provide registrable description [§56.9]
- 8 Disposition of interests and rights [§56.10]
- 9 Right of first refusal [§56.11]
- 10 Certain interests prohibited or permitted [§56.12]
- 11 Tenancy in common [§56.13]
- 12 Spouses separate [§56.14]
- 13 Remedy of co-owner [§56.15]
- 13.1 Actions of account [§56.16]
- 14 Court may order lien and sale [§56.17]
- 15 Transfer of land by instrument [§56.18]
- 16 Execution without seal [§56.19]
- 17 Interpretation of an instrument [§56.20]
- 18 Rules for transfer and ownership to oneself [§56.21]
- 19 Words of transfer [§56.22]
- 20 Definitions [§56.23]
- 21 Implied covenant in a mortgage or agreement for sale [§56.24]
- 22 Direct action against current owner [§56.25]
- 23 Extinguishment of liability under the personal covenant [§56.26]
- 24 No personal liability if new purchaser approved by lender [§56.27]
- 25 Benefit of restrictive covenant [§56.28]
- 26 Power to subdivide and dedicate [§56.29]
- 27 Attorney cannot sell to self [§56.30]
- 27.1 Validity of sale, transfer or charge by attorney to self [§56.31]
- 28 Further advances by mortgagee [§56.32]
- 29 Mortgage subject to registered interests [§56.33]
- 30 Effect of mortgage by purchaser [§56.34]
- 31 Consolidation of mortgages [§56.35]
- 32 Enforcement of personal covenant [§56.36]
- 33 Statement from mortgagee [§56.37]
- 34 Right to enter and repair [§56.38]
- 35 Court may modify or cancel charges [§56.39]
- 36 Encroachment on adjoining land [§56.40]
- 37 Damages for loss of bargain due to defective title [§56.41]
- 38 Effect of merger on subleases [§56.42]
- 39 Citizenship [§56.43]
- 40 Vendor disclosure [§56.44]
- 41 Regulations for section 40 [§56.45]
- 42 Residential real estate—right of rescission [§56.46]
- 43 Regulations for section 42 [§56.47]
- 44 First Nations [§56.48]
-
Property Transfer Tax Act, R.S.B.C. 1996, c. 378
- Overview of the Property Transfer Tax Act [§57.1]
-
Legislation and Commentary [§57.2]
- 1 Definitions and interpretation [§57.3]
- 1.1 Fair market value of land with industrial improvements [§57.4]
- 1.2 Fair market value of property subject to certain interests [§57.5]
- 1.3 Fair market value if improvement on more than one parcel [§57.6]
- 1.4 Proposed strata lots—determination of fair market value [§57.7]
- 2 General tax imposed [§57.8]
- 2.001 Additional tax imposed—anti-avoidance rule [§57.9]
- 2.01 Definitions in relation to additional tax imposed [§57.10]
- 2.02 Additional tax imposed [§57.11]
- 2.03 Additional tax imposed—calculation of tax if transaction includes non-residential property [§57.12]
- 2.04 Renumbered [§57.13]
- 2.1 Nisga’a exemption [§57.14]
- 2.2 Treaty first nation exemption [§57.15]
- 3 Rate of tax [§57.16]
- 3.01 Tax on residential property exceeding $3 million [§57.17]
- 3.1 Tax payable on registration of correcting transaction [§57.18]
- 4 Definitions in relation to first time home buyers’ program [§57.19]
- 4.1 Fair market value—property transferred by Habitat for Humanity [§57.20]
- 5 First time home buyers’ exemption [§57.21]
- 6 First time home buyers’ partial exemption [§57.22]
- 7 First time home buyers’ refund [§57.23]
- 8 First time home buyers’ program—obligations of transferee [§57.24]
- 9 First time home buyers’ program—unqualified transferee [§57.25]
- 10 First time home buyers’ exemption or refund retained [§57.26]
- 11 Lien for amount of exemption, refund or credit [§57.27]
- 12.01 Definitions in relation to new housing program [§57.28]
- 12.02 New housing exemption [§57.29]
- 12.03 New housing partial exemption [§57.30]
- 12.04 New housing refund if property contains residential improvement on registration date [§57.31]
- 12.05 New housing program—obligation of transferee if property contains residential improvement on registration date [§57.32]
- 12.06 New housing refund if property does not contain residential improvement on registration date [§57.33]
- 12.07 New housing program—unqualified transferee [§57.34]
- 12.08 New housing exemption or refund retained [§57.35]
- 12.09 Definitions for sections 12.09 to 12.12 [§57.36]
- 12.10 Transferee must not apply for both first time home buyers’ exemption or refund and new housing exemption or refund [§57.37]
- 12.11 Application to cancel first time home buyers’ application and obtain new housing credit [§57.38]
- 12.12 Application to cancel new housing application and obtain first time home buyers’ credit [§57.39]
- 12.13 Additional information to be included in return [§57.40]
- 12.14 Ministerial regulation-making power [§57.41]
- 13 Certifying the return [§57.42]
- 13.1 Electronic returns [§57.43]
- 13.2 Evidence of electronic returns [§57.44]
- 14 Exemptions [§57.45]
- 15 Partial exemption for certain residential transfers [§57.46]
- 16 Exemption for land subject to conservation covenant [§57.47]
- 26 Summary proceedings without action [§57.48]
- 28 Lien on land for taxes [§57.49]
- 32 Information sharing [§57.50]
- 32.1 Information-sharing agreements [§57.51]
- 32.2 Repealed [§57.52]
- 33 Access to records [§57.53]
- 34 Offences [§57.54]
- 34.01 Offences in relation to confidential information [§57.55]
- 34.1 Offences in relation to electronic returns [§57.56]
- 34.2 Administrative penalties [§57.57]
- 37 Power to make regulations [§57.58]
- 37.1 Regulations by the minister [§57.59]
- 49 (1) In this section:
- “fee” means the fee payable under the Land Title Act for the filing of notices in the land title office;
- “register” has the same meaning as in the Land Title Act;
- “registrar” means the registrar of titles for the land title district in which land affected by a security interest is located;
- “secured party” includes an assignee referred to in subsection (6);
- “security interest” means a security interest in a fixture under section 36 or growing crops under section 37.
- (2) A secured party may, on application and on payment of the fee, file in the proper land title office a notice of a security interest signed by the secured party or the secured party’s agent setting out
- (a) a description of the land affected by the notice that is sufficient for the registrar to identify it in the registrar’s records,
- (b) the name and address of the debtor and the secured party,
- (c) the expiry date of the notice, if any,
- (d) a description of the collateral by which it may be readily identified, and
- (e) other prescribed information,
- and the registrar must file the notice and make an entry of it in the register.
- (3) The filing of a notice under subsection (2) is notice, from the date and time the application was received by the registrar, of the security interest, to every person dealing with the land.
- (4) After its expiry date, if any, a notice of a security interest is of no effect and the registrar
- (a) on the application of any person interested in the land and on payment of the fee, or
- (b) on the registrar’s own initiative,
- may cancel the entry of the notice on the register.
- (5) If a secured party wishes to extend an expiry date specified in a notice filed under subsection (2), the secured party may, on application and on payment of the fee, file a notice of extension signed by the secured party setting out
- (a) a description of the land affected by the notice that is sufficient for the registrar to identify it in the registrar’s records,
- (b) the extended expiry date,
- (c) the filing number of the notice under subsection (2), and
- (d) other prescribed information,
- and the registrar must file the notice and make an entry of it in the register.
- (6) If a secured party has assigned a security interest in respect of which a notice has been filed under this section, the assignee may, on application and on payment of the fee, file a notice of the assignment signed by the assignee setting out
- (a) the name and address of the assignee,
- (b) a description of the land affected by the notice that is sufficient for the registrar to identify it in the registrar’s records,
- (c) the filing number of the notice under subsection (2), and
- (d) other prescribed information,
- and the registrar must file the notice and make an entry of it in the register.
- (7) The registrar,
- (a) on receipt of a notice of cancellation signed by the secured party or the secured party’s agent setting out
- (i) a description of the land affected by the notice that is sufficient for the registrar to identify it in the registrar’s records, and
- (ii) the filing number of the notice under subsection (2), and
- (b) on application and payment of the fee
- must, subject to subsection (8), cancel the entry of the notice filed under subsection (2) in the register.
- (8) If a notice of cancellation under subsection (7)
- (a) is expressed to be a partial cancellation, and
- (b) contains a description of the collateral that has been released from the security interest,
- the registrar must file the notice and make an entry of it in the register.
- (9) The registrar is not under any duty to inquire into or verify whether or not the signature of a person on a notice filed under subsection (7) or (8) is the signature of the secured party.
- (10) If in respect of a notice registered under this section
- (a) all of the obligations under the security agreement to which the notice relates have been performed,
- (b) the secured party has agreed to release part or all of the collateral described in the notice,
- (c) the description of the collateral contained in the notice includes an item or kind of property that is not collateral under a security agreement between the secured party and the debtor,
- (d) the security agreement to which the notice relates no longer exists between the secured party and the debtor, or
- (e) the item or kind of property described in the notice is not affixed to the land to which the notice relates,
- the debtor named in the notice or any person having a registered interest in the land may give a written demand in accordance with subsection (12) to the secured party.
- (11) A demand referred to in subsection (10) must require that the secured party, not later than 40 days after the demand is given, deliver to the person making the demand a signed notice of amendment, extension or cancellation, whichever the demand specifies.
- (12) The demand referred to in subsection (10) may be given
- (a) in accordance with section 72, or
- (b) by registered mail to,
- (i) if a notice of assignment under subsection (6) has not been filed, the address of the secured party set out in a notice filed under subsection (2), or
- (ii) if a notice of assignment under subsection (6) has been filed, the address of the secured party set out in that notice.
- (13) The registrar, on receipt of
- (a) a true copy of the demand,
- (b) an affidavit of the person who gave the demand verifying that
- (i) the demand was given in accordance with subsection (12),
- (ii) the copy referred to in paragraph (a) is a true copy,
- (iii) the person is not aware of any proceeding of the secured party to enforce the security interest or to oppose or refute the demand, and
- (iv) 40 days have elapsed since the notice was given under subsection (12),
- (c) the application of the person who gave the demand, and
- (d) the fee,
- must make the appropriate entry in the register to effect the filing or cancellation requested in the demand unless the registrar has received a court order not to make the entry.
- (14) A secured party must not charge an expense or accept a fee for compliance with a demand made under subsection (10) unless the expense or fee has been agreed to by the parties before the demand was given.
1989-36-49; 1990-11-17; 1992-48-10, effective September 11, 1992 (B.C. Reg. 357/92); 2004-66-161, effective January 20, 2005 (B.C. Reg. 16/2005); 2023-10-823.
FORMS
Forms of Application
Submissions
On the Form 17 Charge, Notation or Filing, select the applicable type of Personal Property Security Act Nature of Interest and attach an image of the original order or notice. The Natures of Interest on the Form 17 Charge, Notation or Filing are:
PPSA Notice Forms
Sections 37 and 38 of the Personal Property Security Regulation, B.C. Reg. 227/2002, prescribe Form 1, Notice of a Security Interest in Fixtures or Growing Crops, and Form 2, Notice Affecting a Notice of a Security Interest in Fixtures or Growing Crops, for the purposes of s. 49 of the Act. The sections of the regulation provide:
Completion Instructions
Except for the “expiry date statement”, a PPSA Form 1 notice must be completed in its entirety. The expiry date statement must, if completed, state the date on which the notice will expire. If an expiry date is not included, B.C. Reg. 227/2002, s. 38(1)(d), requires a statement that the notice is non-expiring (that is, “this notice is an infinite registration”).
Completion Instructions
Items (a) and (b) of a Form 2 notice must be completed in full to the end of and including the legal description. As to the balance of the notice form, the preferred practice is to include only those segments that are applicable. Alternatively, the unused segments of the notice form must be struck out in a prominent way which leaves no doubt as to their deletion.
Fees
See the schedule of the Land Title Act fees at chapter 31 (Land Title Act—Fees) regarding the fees payable on an application to register a Form 1 or 2 notice.
PRACTICE
Registration of PPSA Notices—General
Overview
A Form 1 filing under s. 49 of the Act constitutes notice of a security interest in growing crops or in goods that are or may become affixed to land. The instrument creating the security will not be filed and, in some cases, may not even exist at the time the notice is filed in the land title office. Because a notice under s. 49 does not constitute an interest in land, it will be entered in the register as a legal notation rather than a charge.
Because a notice under s. 49 does not constitute a charge, filings will be permitted regardless of whether or not a duplicate indefeasible title for the parcel affected by the notice has been issued. Similarly, the notation of a notice under s. 49 on the register does not prevent the issuance of a duplicate indefeasible title.
If Debtor Does Not Hold Registered Interest in Land
The land title office will not refuse to file a Form 1 solely on the ground that the debtor named in the notice is not the holder of a registered interest in the land affected by the notice. For example, the debtor may have installed a fixture on land subject to an unregistered lease.
Signature of Secured Party
The Act and s. 38(1) and (2) of the Personal Property Security Regulation, B.C. Reg. 227/2002, permit the secured party or an agent of the secured party to sign the notices. The registrar does not address signature verification issues or make any inquiries into whether or not the signature on a notice is that of the secured party or an agent of the secured party.
Witnesses
Section 38(1) and (2) of the Personal Property Security Regulation requires that the signature of the secured party on Forms 1 and 2 be witnessed. The registrar takes the position that Part 5 of the Land Title Act does not apply to a notice under s. 49 and therefore the registrar does not require any officer certification or affidavit of witness.
Notice of Security Interest (Form 1): Section 49(2)
An application to file a notice under this section must be received and marked up in the normal manner. Where, for example, a notice covers 25 furnaces that are slated for 25 strata lots, the notice shall receive a single number and will be endorsed against all 25 titles.
A notice of security interest in fixtures or growing crops is endorsed on title as follows:
PERSONAL PROPERTY SECURITY ACT NOTICE, SEE (doc #)
If an expiry date is expressed in the notice, the notation will be amended as follows:
PERSONAL PROPERTY SECURITY ACT NOTICE, SEE (doc. #), EXPIRES YY-MM-DD
Expiry of Form 1 Notice: Section 49(4)
After the expiry date or extended expiry date, if any, of a Form 1 notice, any person interested in the land may apply for a cancellation due to the effluxion of time. An interested person need not be the holder of a registered interest in the land.
Where it comes to the attention of the registrar during the course of registering a new title (for example, on the registration of a transfer or transmission) that a Form 1 notice has expired due to effluxion of time, the registrar will effect a cancellation by deleting the legal notation of the notice on the new title.
Notice of Extension of Expiry Date (Form 2): Section 49(5)
The Form 1 notice allows the secured party to specify the expiry date for the notice. Where an expiry date is expressed, the secured party may extend the date and file a notice of extension in Form 2 under this section. Only the expiry date can be extended. Subsection (5) cannot be used to extend the security interest over additional land or additional collateral. A notice under this subsection must not refer to more than one Form 1 notice.
A notice of an extension of an expiry date is endorsed on title as follows:
EXTENDED TO YY-MM-DD, SEE (doc #)
Note: This is registered as a modification of the original legal notation.
Notice of Assignment (Form 2): Section 49(6)
An application to file a notice of an assignment under this subsection shall be marked up in the normal manner. No more than one Form 1 notice may be referred to in a notice under this subsection.
A notice of an assignment is endorsed on title as follows:
PERSONAL PROPERTY SECURITY ACT NOTICE OF ASSIGNMENT, SEE (doc #)
Note: This is registered as a modification of the original legal notation.
Notice of Cancellation (Form 2): Section 49(7)
To effect a complete cancellation of a Form 1 notice, a notice under this subsection must:
If the number of a subsequent Form 2 notice is not set out in the notice itself, it may be set out in the Form 17 application under the Land Title Act.
An application to file a notice under this subsection will be marked up in the usual manner. The registrar will only effect a cancellation of the numbers referred to in either the Form 2 notice or the Form 17 application form.
Notice of Partial Cancellation: Section 49(7) and (8)
General
There are two types of partial cancellation. One type contemplates the deletion of collateral from a security interest (see s. 38(2)(f) of the Personal Property Security Regulation), and the other type contemplates a deletion of collateral situate on a specific parcel (see s. 38(2)(h) of the regulation).
Deletion of Collateral from Security Interest
Assume that a Form 1 notice covers a furnace and an air conditioning unit affixed to a single parcel and that the secured party wishes to discharge the furnace from the security interest. Because the cancellation is only intended to release part of the collateral, a notice effecting this kind of partial release must describe the collateral that is being deleted from the security interest (s. 38(2)(f) of the regulation). Contrary to the case of a partial cancellation under s. 38(2)(h) of the regulation, a failure to describe the collateral being released will constitute grounds for refusal. A partial cancellation releasing collateral from a security interest must be expressed as an amendment in the Form 2 notice, indicating that the security interest is amended by “deleting” the collateral described.
Deletion of Collateral Situate on a Specific Parcel
Assume that a security interest covers 25 furnaces slated for 25 separate strata lots and the secured party wishes to release the furnace on strata lot 25 from the security interest. In this situation, s. 38(2)(h) of the regulation applies and the Form 2 notice must set out a description of the land in respect of which the security interest has been discharged. Technically, the notice should also contain a description of the collateral being released. However, failure to describe the collateral in these circumstances is not grounds for refusal so long as the notice clearly indicates that the security interest is discharged as it pertains to the specific parcel. The cancellation endorsement will be made in the usual manner on the title affected by the cancellation. A partial cancellation that purports to release all the collateral from a specified lot (B.C. Reg. 227/2002, s. 38(2)(h)) will be shown on the Form 2 as a discharge of the security interest as it pertains to the specifically described lot or lots.
A notice of partial cancellation is endorsed on title as follows:
PERSONAL PROPERTY SECURITY ACT NOTICE OF PARTIAL CANCELLATION, SEE (doc #)
Note: This is registered as a modification of the original legal notation.
Notice of Amendment of a Form 1 Notice
Section 38(2) of the regulation permits a secured party who has filed a Form 1 notice and who has renewed, assigned, discharged, or postponed the security interest or released part of the collateral to file a Form 2 notice respecting the renewal, assignment, discharge, postponement, or release.
Form 2 also makes provision for “deleting” collateral. A deletion will be treated as a partial cancellation.
While Form 2 provides space for the “addition” of collateral, the registrar will refuse to file a Form 2 notice that purports to do this. Arguably, the addition of collateral creates a new security interest and requires a filing under s. 38(1) of the regulation using Form 1.
For the same reasons, under no circumstances will the registrar accept a Form 2 that purports to add a legal description to a Form 1 notice or that otherwise purports to add additional land.
Demand for a Notice of Amendment, Extension, or Cancellation: Section 49(10) to (13)
General
Section 49(10) to (13) of the Act permits a debtor to call on a secured party to deliver a Form 2 notice of amendment, partial release of collateral, extension, or cancellation. In making a demand under s. 49(10), the debtor may apply to the registrar under s. 49(13) for the appropriate entry in the register if the secured party has not delivered the notice demanded or proceeded to oppose or refute the demand within 40 days.
Applications for Registration
Submissions:
On the Form 17 Charge, Notation or Filing, select Nature of Interest, PPSA—Demand for Notice of Amendment, Extension or Cancellation, and attach an image of the original demand and affidavit from the debtor who gave the demand. The affidavit under s. 49(13)(b) must be based on the personal knowledge of the debtor.
Amendment or Partial Release
A demand for an amendment or partial release is endorsed on title as follows:
PERSONAL PROPERTY SECURITY ACT DEMAND, SEE (doc #)
Notice of Extension
A demand for a notice of extension is endorsed on title as follows:
EXPIRY DATE EXTENDED TO YY-MM-DD, SEE (doc #)
Note: This is registered as a modification of the original legal notation.
Complete Cancellation
Where the demand relates to a request for a complete cancellation of a Form 1 notice, the demand is registered in the normal manner for a cancellation of a legal notation and the registrar’s practice under s. 49(7) applies.
Submissions
On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Personal Property Security Act Notice, and attach an image of the original Form 2 notice.
Court Orders
Section 49(13) directs the registrar to make the appropriate entry in the register unless the registrar has received a court order not to make the entry. No entry in respect of a demand under s. 49(13) can be made in the face of a court order. Any application based on a demand that is received after the receipt of an order will be refused. A notation of the order itself cannot be cancelled except by further order of the court or by an application and appropriate release signed by the secured party.
The order is in the nature of an injunction and should be served on the registrar in accordance with the Supreme Court Civil Rules. In cases where the order is simply presented through the cashier, it should not be received under s. 153 of the Land Title Act as an application. However, if the order is received in this manner, it should be immediately marked up, entered, and referred to the registrar.
Submissions:
On the Form 17 Charge, Notation or Filing, select Nature of Interest, Personal Property Security Act, Court Order, and attach an image of the court certified copy of the court order.
A court order prohibiting entry is endorsed on title as follows:
COURT ORDER, SEE (doc #)
Certificates of Pending Litigation and Caveats
The registrar rejects any application to register a certificate of pending litigation based upon a notice of security interest on the grounds that, should the action be successful, the plaintiff will not be entitled to an interest in land that is registrable under the Land Title Act. A filing under s. 49 merely constitutes notice of a security interest and of the rights of secured parties under it. The same rationale applies to caveats.
CROSS REFERENCES AND OTHER SOURCES OF INFORMATION
Cancellation of Notice Filed under Section 14 of the Sale of Goods on Condition Act
An applicant may apply to cancel a notice filed under s. 14 of the Sale of Goods on Condition Act (now repealed) in Form 2, Notice, prescribed under the Personal Property Security Regulation, B.C. Reg. 279/90.
Submissions
On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Personal Property Security Act Notice, and attach an image of the original Form 2 notice.
Secondary Sources
See Di Castri, Registration of Title to Land, vol. 2, para. 424.