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57 Note Against Land Title That Building Regulations Contravened

In This Volume

57 (1) A building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector

  • (a) observes a condition, with respect to land or a building or other structure, that the inspector considers
    • (i) results from the contravention of, or is in contravention of,
      • (A) a municipal bylaw,
      • (B) a Provincial building regulation, or
      • (C) any other enactment
    • that relates to the construction or safety of buildings or other structures, and
    • (ii) that, as a result of the condition, a building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or
  • (b) discovers that
    • (i) something was done with respect to a building or other structure, or the construction of a building or other structure, that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a)(i), and
    • (ii) the permit was not obtained or the inspection not satisfactorily completed.
  • (2) A recommendation under subsection (1) must be given in writing to the corporate officer, who must
  • (a) give notice to the registered owner of the land to which the recommendation relates, and
  • (b) after notice under paragraph (a), place the matter before the council.
  • (3) After providing the building inspector and the owner an opportunity to be heard, the council may confirm the recommendations of the building inspector and pass a resolution directing the corporate officer to file a notice in the land title office stating that
  • (a) a resolution relating to that land has been made under this section, and
  • (b) further information about it may be inspected at the municipal hall.
  • (4) The corporate officer must ensure that all records are available for the purpose of subsection (3)(b).
  • (5) If the registrar of land titles receives a notice under subsection (3) and payment of the prescribed fee, the registrar must make a note of the filing against the title to the land that is affected by the notice.
  • (6) The note of a filing of a notice under this section is extinguished when a new title to the land is issued as a result of the deposit of a plan of subdivision or a strata plan.
  • (7) In the event of any omission, mistake or misfeasance by the registrar or an employee of the registrar in relation to the making of a note of the filing under subsection (5), or a cancellation under section 58, after the notice is received by the land title office,
  • (a) the registrar is not liable and neither the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously, and
  • (a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and
  • (b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.
  • (8) Neither the building inspector nor the municipality is liable for damage of any kind for the doing of anything, or the failure to do anything, under this section or section 58 that would have, but for this subsection, constituted a breach of duty to any person.
  • (9) The authority under this section is in addition to any other action that a building inspector is authorized to take in respect of a matter referred to in subsection (1).

2003-26-57, effective January 1, 2004 (B.C. Reg. 423/2003); 2004-66-49, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

For authorized subscribers, use the Local Government Filing Form and select Bylaw Contravention Notice. No attachment is required.

The Local Government Filing Form can also be used to cancel any local government notices from registered titles.

Only authorized subscribers, as defined in E-filing Directions (reproduced at chapter 69 (Director’s Directions) in this Manual and available at ltsa.ca), have the authority to sign this form electronically.

For all other subscribers, use the Form 17 Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the original Notice of Bylaw Contravention.

PRACTICE

Effect on Deposit of Strata or Subdivision Plan

Section 57(6) operates to extinguish a notice on the deposit of a strata or subdivision plan. The legal notation is dropped from all titles registered in consequence of the deposit of such a plan.

CASE LAW

Procedural Fairness

The appellant landowner sought to have a resolution of the regional board quashed and a note registered against the title to its property under s. 700 of the Municipal Act (now, s. 57 of the Community Charter) removed. The note was registered by the registrar following the board’s resolution declaring various infractions to have occurred on the appellant’s property. The appellant claimed that the resolution had been made in contravention of the rules of natural justice. Section 700 is intended to protect municipalities from liability by warning potential purchasers of uncorrected bylaw infractions. However, in enacting the section, the Legislature also recognized the potentially adverse consequences to a landowner from the careless use of s. 700 by requiring that the landowner be given prior notice of any proposed resolution and of the building inspector’s recommendation. The Legislature intended a municipal council to exercise its powers under s. 700 judicially. That being so, procedural fairness requires not only disclosure of the building inspector’s recommendation but also disclosure of any other relevant documents which are before the regional board or upon which the building inspector’s report depends. In this case, full and timely disclosure was not made to the appellant, and it was therefore denied the right to know and answer the case against it. The resolution was quashed and the notation was ordered removed (Fraser-Cheam (Regional District) v. Zaandam Management Ltd., 1994 CanLII 348 (BC CA), reversing 1992 CanLII 381 (BC SC)). In a subsequent motion by both parties seeking a rehearing before the formal orders were entered, the court affirmed its original reasons (1994 CanLII 1653 (BC CA)).