59 Information Certificate

59 (1) Within one week of a request by an owner, a purchaser or a person authorized by an owner or purchaser, the strata corporation must give to the person making the request an Information Certificate in the prescribed form.

• (2) The certificate must contain the information required by subsection (3), as of the date of the certificate.
• (3) The certificate must disclose all of the following in respect of the strata corporation and the strata lot for which the request is made:

• (a) the monthly strata fees payable by the owner;
• (b) any amount that the owner owes the strata corporation, other than an amount paid into court or to the strata corporation in trust under section 114;
• (c) any agreements under which the owner takes responsibility for expenses relating to alterations to a strata lot, the common property or the common assets;
• (d) any amount that the owner is obligated to pay in the future for a special levy that has already been approved and the date by which the payment is to be made;
• (e) any amount by which the expenses of the strata corporation for the current fiscal year are expected to exceed the expenses budgeted for the fiscal year;
• (f) the amount in the contingency reserve fund minus any expenditures which have already been approved but not yet taken from the fund;
• (g) any amendments to the bylaws that are not yet filed in the land title office;
• (h) any resolution passed by a 3/4 vote, 80% vote or unanimous vote that is required to be filed in the land title office but that has not yet been filed in the land title office;
• (h.1) any winding-up resolution that has been passed;
• (i) any notice that has been given for a resolution that has not been voted on, if the resolution requires a 3/4 vote or unanimous vote or deals with an amendment to the bylaws;
• (j) any court proceeding, arbitration or tribunal proceeding in which the strata corporation is a party and any judgments or orders against the strata corporation;
• (k) any notices or work orders received by the strata corporation that remain outstanding for the strata lot, the common property or the common assets;
• (l) [Repealed 2022-41-12.]
• (l.1) which parking stalls and storage lockers, if any, have been allocated to the strata lot;
• (l.2) a summary of the strata corporation’s insurance coverage;
• (m) any other information required by the regulations.

• (4) Copies of all of the following must be attached to the certificate:

• (a) the rules of the strata corporation;
• (b) the current budget of the strata corporation;
• (c) [Repealed 2022-41-12.]
• (d) the most recent depreciation report, if any, obtained by the strata corporation under section 94.

• (5) The information in subsection (3) disclosed in a certificate is binding on the strata corporation in its dealings with a person who relied on the certificate and acted reasonably in doing so.
• (5.1) Despite subsection (5), information in subsection (3)(l.2) disclosed in a certificate is not binding on the strata corporation if the disclosed information is obtained from the strata corporation’s insurer, as defined in section 1(1) of the Financial Institutions Act, or insurance agent, as defined in section 168 of that Act.
• (6) On application by the strata corporation, by an owner or by a person who is affected by a certificate, the Supreme Court may make any order it considers just in the circumstances to give effect to or relieve the strata corporation from some or all of the consequences of an inaccurate certificate.
• (7) The strata corporation may charge, to the person requesting the certificate, a fee for the certificate of not more than the amount set out in the regulations and may refuse to issue the certificate until the fee is paid.

1998-43-59, effective July 1, 2000 (B.C. Reg. 43/2000); 2009-17-12(b), effective December 14, 2011 (B.C. Reg. 238/2011); 2009-17-12(a), effective January 1, 2014 (B.C. Reg. 238/2011); 2012-25-96, effective July 13, 2016 (B.C. Reg. 171/2016); 2015-40-43, effective July 28, 2016 (B.C. Reg. 206/2016); 2022-41-12, effective November 24, 2022; 2020-16-3, effective April 1, 2023 (B.C. Reg. 7/2023).